Lucknow Bench Competent To Hear Transfer Pleas For Family Court Cases Falling Within Its Jurisdiction, Not Principal Bench: Allahabad HC

The Allahabad High Court has clarified that the transfer applications concerning cases pending in Family Courts which fall within the territorial jurisdiction of the Lucknow Bench of the High Court must be filed before the Lucknow Bench itself, not the principal seat at Allahabad. A bench of Justice Kshitij Shailendra emphasised that the Lucknow Bench is the appellate court competent to hear appeals against orders passed by Family Courts falling within its territorial jurisdiction, so...

Whether Non-Signatory Bound By Arbitration Agreement Can Be Decided By Tribunal, Not Referral Court U/S 11 Of Arbitration Act: Allahabad HC

The Allahabad High Court bench of Justice Manoj Kumar Gupta affirmed that referral court under section 11 of the Arbitration Act stage cannot examine as to whether the non-signatory is bound by the arbitration agreement or not. Such an issue requires factual determination which can be decided by the arbitral tribunal under section 16 of the Arbitration Act. Brief Facts The...

Since Award Is A Deemed Decree, Execution Can Be Initiated Anywhere Where Decree Can Be Executed: Allahabad High Court

The Allahabad High Court bench of Justice Neeraj Tiwari affirmed that the enforcement of an award through its execution can be initiated anywhere in the country where the decree can be executed and there is no requirement of obtaining a transfer of the decree from the Court which would have jurisdiction over the arbitral proceedings.Brief FactsLand of respondent Nos. 1 & 2 has been...

Nominee Entitled To Bank Deposits After Account Holder's Death But Money Would Be Subject To Succession Laws: Allahabad HC

The Allahabad High Court has clarified that while a nominee has a right to obtain money from the bank after the account holder's death, the money received would be subject to succession laws, and the deceased's heirs would have a right to the said amount in accordance with the law. A bench of Justice Shekhar B. Saraf and Justice Vipin Chandra Dixit observed this while dealing with a...

Court Fees Act 1870 | Ad Valorem Court Fees Is Payable In Suit Filed For Declaring A Gift Deed As Null & Void: Allahabad HC

The Allahabad High Court has held that in a suit filed wherein relief is claimed for adjudging a gift deed as null, void, forged, and fabricated ad valorem Court Fees would be payable as per Section 7(iv-A) of the Court Fees Act, 1870 (as applicable in Uttar Pradesh) and not as per residuary Article 17 (iii) of Schedule II of the 1870 Act. For context, residuary Article 17 (iii)...

Error In FIR Due To Lack Of Specific Date & Time Of Incident Can't Be Rectified During Investigation: Allahabad High Court

The Allahabad High Court has observed that an error apparent on the face of the record, such as the non-availability of the specific date and timing in an FIR, cannot be rectified at the investigation stage. A bench of Justice Saurabh Srivastava termed the Chief Judicial Magistrate Mirzapur's act of taking cognizance of the charge sheet (on December 1, 2023)—despite the...

Arson Case | Prosecution's Story Highly Doubtful: Allahabad HC In Disqualified MLA Irfan Solanki Bail Order

Granting bail to Irfan Solanki, a now disqualified MLA of the Samajwadi Party, in a 2022 house arson case, the Allahabad High Court on Thursday observed that the link of circumstance led by the prosecution is inconclusive and cannot give rise to the definite inference of his guilt. “Admittedly, the appellants are the residents of the vicinity where the incident is said to have...

Disqualified MLA Irfan Solanki Arson Case | Prosecution's Evidence Found Reliable In Trial: Allahabad HC Denies Stay On Conviction

Refusing to stay the conviction of Irfan Solanki, a now disqualified MLA of the Samajwadi Party, in a 2022 house arson, the Allahabad High Court observed that the 'wider' opinion is that persons charged with crimes ought to be disqualified from contesting elections to public offices. The Court also observed that it has often been seen that a large number of persons...

Wives & Children Struggle To Face Matrimonial Proceedings Due To Financial Crisis, Husbands Exploit Their Situation: Allahabad HC

The Allahabad High Court has observed that in matrimonial proceedings, wives and children often face financial crises compared to husbands, as they have limited support from family or income and their situation is frequently exploited by husbands, which makes it difficult for them to face such proceedings. “In a matrimonial proceeding, the wife and children are pitted against...

Can Declaratory Decree For Adding Children From Void Marriage To Service Record Be Refused Despite S. 16 HMA? : Allahabad HC To Decide

The Allahabad High Court is set to decide a substantial question of law regarding whether a civil court can deny a declaratory decree to enter the names of children born out of a void marriage into his service records despite the law contained under Section 16 of the Hindu Marriage Act 1955 (HMA), which grants legitimacy to children born out of void and voidable marriages. Admitting a...

Allahabad HC Grants Bail To Man In FIR By Bajrang Dal Member For Alleged Abduction Of Minor Girl Of Different Religion

The Allahabad High Court last week granted bail to one Javed Alam, who was booked in an FIR lodged by a Bajrang Dal member accusing him of abducting a Hindu minor girl and having physical relations with her. A bench of Justice Sameer Jain noted that in her Section 161 and 164 CrPC statements, the victim girl stated that she was more than 17 years of age when the FIR was lodged and...

UP Panchayat Raj Act | Not Every Error In Gram Panchayat Inventory Purchase Bill Justifies Removal Of Pradhan: Allahabad HC

The Allahabad High Court has ruled that every error in a Gram Panchayat's inventory purchase bill cannot be grounds for proceeding against the Gram Pradhan under the UP Panchayat Raj Act 1947, specifically when such an error does not result in any property loss. “It is to be seen that Gram Pradhan is an elected member of the Gram Panchayat and his removal from the office of the...