Allahabad High Court Weekly Round-Up: 26 August - 01 September, 2024

Anuj Kumar Agarwal vs. State Of Up And 4 Others 2024 LiveLaw (AB) 535

Abhilasha Shroti vs. Rajendra Prasad Shroti 2024 LiveLaw (AB) 536

Remo D Souza v.s State of U.P. and Another 2024 LiveLaw (AB) 537

Lavkush Tiwari and 1486 others v. The State of U.P. and others 2024 LiveLaw (AB) 538

Rajendra Singh Verma v. C.B.I 2024 LiveLaw (AB) 539

Saurabh Sachan vs. Garima Sachan 2024 LiveLaw (AB) 540

Ascent Education Trust,Kanpur Thru. Chairman Mr. Gurusharan Singh v. State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. Of Revenue,Lko. And 2 Others 2024 LiveLaw (AB) 542

Kishan Pratap Singh vs. State of U.P. 2024 LiveLaw (AB) 543

Madhubala Jaiswal vs. Real Estate Appellate Tribunal And 2 Others 2024 LiveLaw (AB) 544

Anupam Srivastava And 7 Others vs. Uttar Pradesh Power Corporation Ltd and 5 Others 2024 LiveLaw (AB) 545

Ashok Kumar Katiyar v. Charan Jeet Singh And 3 Others 2024 LiveLaw (AB) 546

Udai Narayan Sahu v. State Of Up And 5 Others 2024 LiveLaw (AB) 547

Vineeta Verma v. Brajnesh Kumar 2024 LiveLaw (AB) 548

Ujala And Another vs State of UP and 3 Others 2024 LiveLaw (AB) 549

Jitendra Kumar Srivastava v. Smt. Sweta Srivastava 2024 LiveLaw (AB) 550

Sanjay Kumar Singh vs. State Of U.P. Thru. The Addl. Chief Secy. /Prin. Secy. Deptt. Of Revenue ,Lko And 3 Others 2024 LiveLaw (AB) 551

Randhir Kumar Pandey v. Sri Purushottam Das Maheshwari 2024 LiveLaw (AB) 552

The Sinha Development Trust And Another vs. State Of Up And 15 Others 2024 LiveLaw (AB) 553

Orders/Judgments of the Week

Officers Should Not Pass Such Orders Which Highlight Their Incompetence: Allahabad High Court

Case Title: Anuj Kumar Agarwal vs. State Of Up And 4 Others 2024 LiveLaw (AB) 535 [WRIT - A No. - 11572 of 2024]

Case Citation: 2024 LiveLaw (AB) 535

The Allahabad High Court expressed displeasure at the decision of the District Inspector of Schools rejecting the transfer application of an Assistant Teacher despite meeting the criteria for transfer. The application was rejected on grounds that the Headmaster was busy in official work of the DIOS and District Magistrate.

Abandoning Spouse Without Reason Cruelty, Constitutes Death Of Spirit & Soul Of Hindu Marriage: Allahabad High Court

Case Title: Smt. Abhilasha Shroti vs. Rajendra Prasad Shroti 2024 LiveLaw (AB) 536 [FIRST APPEAL No. - 71 of 2012]

Case Citation: 2024 LiveLaw (AB) 536

The Allahabad High Court has held that leaving a spouse in a Hindu Marriage without any justifiable reason amounts to cruelty towards the spouse who has been left alone.

The bench comprising Justice Saumitra Dayal Singh and Justice Donadi Ramesh held,

“A Hindu marriage is a sacrament and not just a social contract where one partner abandons the other without reason or just cause or existing or valid circumstance necessitating that conduct, the sacrament loses its soul and spirit, though it may continue to hold its external form and body. Thus to a third party the form may be visible and they may continue to visualize the marriage as exist at the same time to the spouse the sacrament may remain dead. That death of the spirit and soul of a Hindu marriage may constitute cruelty to the spouse who may be thus left alone devoid of not only physical company completely deprived of company of their spouse, at all planes of human existence.”

Allahabad High Court Denies Relief To Choreographer Remo D'Souza In 2016 Cheating Case

Case title – Remo D Souza v.s State of U.P. and Another 2024 LiveLaw (AB) 537

Case citation: 2024 LiveLaw (AB) 537

The Allahabad High Court dismissed a quashing petition filed by Bollywood choreographer and Film Director Remo D'Souza in connection with a 2016 cheating case.

A bench of Justice Rajeev Misra dismissed his plea, noting that since D'souza had failed to challenge the chargesheet filed against him in the matter, no relief, as he had prayed for, could be granted.

"Retired" Not To Be Appended To Retired HC Judge's Name, Title Remains "Mr. Justice": Allahabad High Court Clarifies

Case Title: Lavkush Tiwari and 1486 others v. The State of U.P. and others 2024 LiveLaw (AB) 538 [WRIT - A No. - 18956 of 2022]

Case Citation: 2024 LiveLaw (AB) 538

The Allahabad High Court has observed that the title of a retired judge's name remains “Mr. Justice..”. It has been observed that the word “Retired” must not be used as a part of the name of a retired High Court judge.

S.19(3) Prevention Of Corruption Act | Order Sanctioning Criminal Prosecution Can Be Challenged At Any Stage Of Trial: Allahabad High Court

Case Title: Rajendra Singh Verma v. C.B.I 2024 LiveLaw (AB) 539 [APPLICATION U/S 482 No. - 38496 of 2023]

Case Citation: 2024 LiveLaw (AB) 539

The Allahabad High Court has held that order sanctioning criminal prosecution of a government employee under Section 19 of Prevention of Corruption Act, 1988 can be challenged at any stage in the Trial proceedings and the bar placed under Section 19(3) on superior courts overturning the findings of the Special Judge shall not apply in such cases.

Making Efforts For Reconciliation Isn't A Condition Precedent For Decreeing A Suit For Divorce: Allahabad High Court

Case title - Saurabh Sachan vs. Garima Sachan 2024 LiveLaw (AB) 540

Case citation: 2024 LiveLaw (AB) 540

The Allahabad High Court observed that making an effort for reconciliation is not a condition precedent for decreeing a suit for divorce and that the Family Court is merely required to satisfy itself whether any of the grounds mentioned in Section 13 of the Hindu Marriage Act are made out.

The Court, however, added that if the Court prefers to examine the parties' conduct regarding reconciliation efforts, the conduct of both parties should be considered.

13-Yr-Old Child May Not Be In Position To Chose Between Termination And Continuing Pregnancy: Allahabad High Court

Case citation : 2024 LiveLaw (AB) 541

Observing that a 13year old child may not be able to make the right choice between medical termination of pregnancy and continuing the pregnancy full term, the Allahabad High Court has directed that the medical termination of pregnancy will not be possible as it involves greater risk to the life of the 13year old than carrying on the pregnancy.

[Deficient Stamp Duty] Lawyer May Decide To Restrict Prayer To Waiver Of Penalty When Court Is Not Inclined To Grant Any Relief: Allahabad HC

Case Title: Ascent Education Trust,Kanpur Thru. Chairman Mr. Gurusharan Singh v. State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. Of Revenue,Lko. And 2 Others 2024 LiveLaw (AB) 542 [WRIT - C No. - 7092 of 2024]

Case citation: 2024 LiveLaw (AB) 542

The Allahabad High Court has that the decision of the lawyer to restrict the prayer to waiver of penalty when the court is not inclined to grant any relief cannot be said to be without any authority.

Justice Subhash Vidyarthi held that,

“if the lawyer assessed that there was no chance of success of the entire appeal and he decided to restrict his prayer for waiver of the penalty, it cannot be said that he acted absolutely without any authority and that might be the reason as to why the petitioner did not initiate any proceedings against his Advocate who had given the concession.”

Extra-Judicial Confession Weak Piece Of Evidence : Allahabad High Court Acquits Convict In 2010 Murder Case

Case title - Kishan Pratap Singh vs. State of U.P. 2024 LiveLaw (AB) 543

Case citation: 2024 LiveLaw (AB) 543

The Allahabad High Court observed that an extrajudicial confession is, by its very nature, a weak piece of evidence and unless the attending circumstances are such that the confession is found convincing, not much weight can be accorded to it.

A bench of Justice Ashwani Kumar Mishra and Justice Dr Gautam Chowdhary observed this while acquitting a convict in connection with a 2010 murder, noting that the trial court had not carefully scrutinised the evidence of extra-judicial confession as well as the testimony of a child witness.

Delay In Executing Conveyance Deed Attributable To Development Authority, Cannot Ask For Interest On Premium Payment From Allottee: Allahabad HC

Case Title: Smt. Madhubala Jaiswal vs. Real Estate Appellate Tribunal And 2 Others 2024 LiveLaw (AB) 544 [WRIT - C No. - 15996 of 2022]

Case citation: 2024 LiveLaw (AB) 544

While granting relief to a 75-year-old woman, the Allahabad High Court has held that when the delay in executing the conveyance deed was due to issues between the State Government and the Uttar Pradesh State Industrial Development Authority (UPSIDA), interest on payment of the remaining premium amount cannot be imposed on the allotee.

Seniority Of Employees Must Not Be Compromised While Making Transfers: Allahabad High Court

Case Title: Anupam Srivastava And 7 Others vs. Uttar Pradesh Power Corporation Ltd and 5 Others 2024 LiveLaw (AB) 545 [WRIT - A No. - 10189 of 2024]

Case citation: 2024 LiveLaw (AB) 545

The Allahabad High Court has observed that where transfer is permissible, the employees must be transferred at the same post which they were originally serving at. It has been held that the seniority of employees must not be compromised.

Justice Ajit Kumar observed that “transfer though is permissible within the distribution company but in no circumstances, seniority of employees should be compromised nor, the employees can be directed to be posted in an inferior office to the one they have been serving at, from where they are sought to be transferred. Thus, if an employee is working in the office of Chief Engineer, he should be transferred in the office of Chief Engineer. Likewise employees working in the office of Superintendent Engineer or Executive Engineer should be transferred to the office of Superintendent Engineer or Executive Engineer only.”

Interference With Functioning Of Petrol Pump Sufficient Ground To Bypass Pre-Institution Mediation Under Commercial Court Act: Allahabad HC

Case Title: Ashok Kumar Katiyar v. Charan Jeet Singh And 3 Others 2024 LiveLaw (AB) 546 [FIRST APPEAL FROM ORDER No. - 52 of 2024]

Case citation: 2024 LiveLaw (AB) 546

The Allahabad High Court has held that pre-institution mediation as provided in Section 12A(1) of Commercial Court Act, 2015 can be bypassed when there is interference with the functioning of a petrol pump.

Section 12A(1) of the of Commercial Courts Act, 2015 provides that where in a suit no urgent relief is contemplated, such suit may not be instituted unless remedy of pre-institution mediation has been exhausted by the plaintiff.

Employee Cannot Be Denied Pension Due To Employer's Failure To Allot General Provident Fund Number: Allahabad High Court

Case Title: Udai Narayan Sahu v. State Of Up And 5 Others 2024 LiveLaw (AB) 547 [WRIT - A No. - 8170 of 2024]

Case citation: 2024 LiveLaw (AB) 547

In a case where an employee did not make any contribution to the General Provident Fund because he was not allotted a GPF number by the employer, the Allahabad High Court has held that the employee cannot be denied pension due to the fault of the employer.

S.24 HMA | Evidence For Maintenance Pendente Lite' Can Be Led At Application Stage, Does Not Have To Wait For Proceedings In Main Case: Allahabad HC

Case Title: Vineeta Verma v. Brajnesh Kumar 2024 LiveLaw (AB) 548 [FIRST APPEAL No. - 107 of 2024]

Case citation: 2024 LiveLaw (AB) 548

The Allahabad High Court has held that evidence for the purpose of deciding an application under Section 24 of the Hindu Marriage Act, 1955 can be led at the stage of deciding the application itself. The decision on the application need not wait for evidence to be led in the main case.

Trial Courts Shouldn't Issue Copy Of Victims' Statement To Anyone Till Cognizance Is Taken On Chargesheet: Allahabad HC

Case title - Ujala And Another vs State of UP and 3 Others 2024 LiveLaw (AB) 549

Case citation: 2024 LiveLaw (AB) 549

The Allahabad High Court directed the trial courts not to issue certified copies of the victims' statement recorded u/s 164 CrPC (now section 183 BNSS) to any person until cognizance is taken on the chargesheet/police report.

A bench of Justice Vivek Kumar Birla and Justice Arun Kumar Singh Deshwal observed this while noting that in many cases, the accused, while challenging the First Information Report, filed statements of the victims, and even lower courts are issuing certified copies of the statements recorded u/s 164 CrPC, which is legally not permissible.

Wife Declining To Cohabit With Husband By Forcing Him To Live In Separate Room Amounts To Cruelty: Allahabad High Court

Case Title: Jitendra Kumar Srivastava v. Smt. Sweta Srivastava 2024 LiveLaw (AB) 550 [FIRST APPEAL No. - 32 of 2023]

Case citation: 2024 LiveLaw (AB) 550

The Lucknow Bench of the Allahabad High Court has held that wife denying cohabitation to the husband by forcing him to live in a separate room amounts to cruelty and therefore, is a ground for divorce under Section 13 of the Hindu Marriage Act.

Records Not Given On Time, Standing Counsels Unable To Provide Proper Assistance To Court: Allahabad High Court

Case title - Sanjay Kumar Singh vs. State Of U.P. Thru. The Addl. Chief Secy. /Prin. Secy. Deptt. Of Revenue ,Lko And 3 Others 2024 LiveLaw (AB) 551

Case citation: 2024 LiveLaw (AB) 551

The Allahabad High Court observed that since records of cases are not handed over to the standing counsels prior to the hearing of the case, they are unable to provide proper assistance to the court. The court observed that despite various orders of the court that records summoned should be provided to the standing counsels a day prior to the hearing, the same was not being done. Rather, the records were being handed to them in court on the morning of the hearing.

77-Yr-Old Makes Serious Allegations Against Lawyers, Judges: Allahabad HC Imposes Rs. 1 Lakh Cost But Refrains From Initiating Criminal Contempt

Case Title: Randhir Kumar Pandey v. Sri Purushottam Das Maheshwari 2024 LiveLaw (AB) 552 [CIVIL MISC REVIEW APPLICATION No. - 313 of 2024]

Case citation: 2024 LiveLaw (AB) 552

The Allahabad High Court has imposed a cost of Rs. 1 lakh on the review applicant who levelled serious allegations against the lawyers of the High Court and judges of Kanpur District Judgeship. The Court however restrained itself from initiating criminal contempt against the applicant as he is 77 years old.

Proviso To Order 6 Rule 17 Of CPC Will Not Apply To Suits Instituted Prior To Amendment In 2002: Allahabad High Court

Case Title: The Sinha Development Trust And Another vs. State Of Up And 15 Others 2024 LiveLaw (AB) 553 [MATTERS UNDER ARTICLE 227 No. - 9021 of 2024]

Case citation: 2024 LiveLaw (AB) 553

The Allahabad High Court has ruled that proviso to Order 6 Rule 17 of CPC which was inserted vide 2002 amendment will not apply to suits instituted prior to 2002.