Agreement To Sell Immovable Property Situated In UP Must Be Registered To Create Right, Title Or Interest: Allahabad HC

The Allahabad High Court has clarified that in the State of UP, an agreement to sell immovable property (situated within the state) would also require compulsory registration to create any right, title, or interest in it. The Court arrived at this conclusion through a combined reading of the state amendments made to Sections 17 (Documents of which registration is compulsory) and 49 (Effect of non-registration of documents required to be registered) of the Registration Act, 1908, and...

Overbearing Officials Can't Harass Deceased Employee's Family: Allahabad HC Orders Interest On 14-Yr Delay In Payment Of Retiral Dues

The Allahabad High Court last week directed state authorities to pay interest (fixed at 8 per cent) on the 14-year delayed disbursement of retiral dues to the wife of a state government employee, who died in harness in the year 2005. Noting that the state authorities had adopted a callous attitude to the plight of the petitioner-wife, a bench of Justice Ajay Bhanot underscored that the deceased employee's family cannot be harassed for her entitlements by overbearing officials. This...

Allahabad HC Decines Plea Claiming Road Tax Exemption Should Be Allowed For Registration And Not Purchase Of Electric Vehicles In UP

The Allahabad High Court has dismissed a writ petition claiming exemption from payment of road tax on an electric vehicle purchased from Jammu. The Petitioner had claimed that since road tax is levied for operating the vehicle within the State, no distinction can be made on the basis that the vehicle in question has been purchased within the State or from outside. It had...

Mohammed Zubair Moves Allahabad HC Against UP Police FIR Over His 'X' Post On Yati Narsinghanand's Alleged Speech

Alt News co-founder Mohammed Zubair has moved the Allahabad High Court challenging an FIR lodged by the Ghaziabad Police last month accusing him of promoting enmity among religious groups, among other charges, following a complaint by an associate of controversial priest Yati Narsinghanand.The complaint lodged by Udita Tyagi, general secretary of the Yati Narsinghanand Saraswati Trust, claims that Zubair posted a video clip of an old programme of Narsinghanand's on October 3 with the intent to...

'Unreasonable' To Grant Benefit Of 'Probation Of Offenders Act' To One Accused & Deny It To Another For Same Offence: Allahabad HC

The Allahabad High Court has observed that when all the accused persons have been found guilty of committing the same offences, granting benefit of Section 4(1) of the Probation of Offenders Act, 1958 to one and denying the same benefit to other “keeping in view the nature of the offence” is unreasonable. A bench of Justice Subhash Vidyarthi made this observation while dealing with...

S. 14 SARFAESI Act | DM/CJM Obligated To Take Possession Of Secured Asset, Forward It To Secured Creditor: Allahabad HC

The Allahabad High Court has observed that as per the mandate of Section 14 of the SARFAESI Act, 2002, it is the statutory obligation of the District Magistrate or the Chief Judicial Magistrate concerned to take possession of secured assets and documents and to forward such assets & documents to the secured creditor.A bench of Justice Rajan Roy and Justice Brij Raj Singh clarified that...

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...

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...