Allahabad High Court
Prima Facie, ECI Responsible For Putting Candidates' Asset Verification Reports In Public Domain: Allahabad High Court
The Allahabad High Court has observed that, prima facie, the Election Commission of India (ECI) appears to be the statutory body responsible for putting in the public domain the verification reports of election candidates' asset disclosures, as received from the Central Board of Direct Taxes (CBDT). A Bench of Justice Rajan Roy and Justice Manjive Shukla observed thus while hearing...
Development Authority Cannot Reject Sanction Of Map Once Commissioner's Order Has Attained Finality: Allahabad High Court
The Allahabad High Court has recently held that once order of the Commissioner in appeal has attained finality, the Development Authority cannot reject sanction of map based on subsequent master plan which might be in contradiction with the order of the Commissioner.While dealing with a developers writ petition against Ghaziabad Development Authority, Justice Prakash Padia held“in compliance...
[S.169 CGST Act] Service On Registered Email Is Sufficient For Calculating Limitation Period: Allahabad High Court
The Allahabad High Court has held that under Section 169 of the Central Goods and Service Tax Act, 2017 service on registered email is sufficient service for the purpose of limitation. It held that holding that service was to be made by more than one modes would be absurd and defeat the purpose of the provision. The bench of Justice Shekhar B. Saraf and Justice Praveen Kumar...
Criminal Liability U/S 31 Domestic Violence Act Arises Only When Protection Order U/S 12 To 23 Violated: Allahabad High Court
While dealing with application for quashing criminal proceedings under Section 31 of the Protection of Women from Domestic Violence Act, 2005, the Allahabad High Court has held that criminal proceedings under the Act can only be initiated if there is a breach in any conditions of the order passed in civil proceedings under Sections 12 to 23 of the Act.Justice Vinod Diwakar held that“in...
Borrower Can't File Civil Suit Through Tenant To 'Wiggle Out' Of Liability Once Order U/S 14 Of SARFAESI Act Had Been Passed: Allahabad High Court
The Allahabad High Court has held that once an order under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 has been passed granting possession to the secured creditor, i.e., bank, the borrower cannot, through a tenant, obtain a stay from the Civil Court to escape liability.The bench of Justice Shekhar B. Saraf and...
Failure To Commence Trial Violates Wife's Fundamental Rights: Allahabad High Court Orders Daily Hearing In Cruelty Case Pending For 21 Yrs
While dealing with a wife's prayer to direct the Trial Court to commence hearing a cruelty case, the Allahabad High Court observed that it was regrettable that after more than 2 decades of filing FIR & chargesheet, the trial had not commenced.Stating that the Court was conscious of the Trial Court's workload, Justice Vinod Diwakar observed“Notwithstanding the considerable lapse of...
'Entitlement Culture' Has Led To Appointment Of Influential Lawyers In Govt Corporations, First-Gen Lawyers Neglected: Allahabad High Court
The Allahabad High Court has observed that entitlement culture has led to appointment of lawyers from influential families in government corporations, ultimately leading to neglect of meritorious first generation lawyers.While noting that disobedience of an order of the Court was due to negligence/ incompetence of the counsel of the U.P. State Road Transport Corporation, Justice Ajay...
Proceedings For Maintenance Pendente Lite Maintainable Even At Revisional/Appellate Stage Under Hindu Marriage Act: Allahabad High Court
The Allahabad High Court has held that proceedings under Section 24 of the Hindu Marriage Act, 1955 for maintenance pendente lite and expenses are maintainable even if the case under the Act is at revisional or appellate stage or if restoration application is pending in any such proceedings under the Act which have been dismissed in default.Justice Manish Kumar Nigam held“the proceedings...
Litigation Can't Be A Sport For Mischievous: Allahabad High Court Penalises 'Busybody' Lawyer, Directs Pro Bono Work In 5 Cases
In a sternly worded order, the Allahabad High Court last week dismissed a writ petition filed by an Advocate seeking a departmental enquiry against an Assistant Engineer of the Uttar Pradesh Jal Nigam, holding that the petition was 'actuated by malafides' and amounted to 'an abuse of the process of the Court'. As a penalty, a bench of Justice Ajay Bhanot directed him to assist the...
Allahabad High Court Stays Govt Notification Increasing Fees For MBBS Courses In Middle Of 2024-25 Session
On Tuesday, the Allahabad High Court has stayed the Government notification dated 05.07.2025 by which the State Government has raised the fees of the MBBS course with effect from academic year 2024-25.240 MBBS students approached the High Court challenging the legality and validity of the impugned notification dated 05.07.2025 whereby tuition fee of the students of MBBS course was raised...
Allahabad High Court Grants Anticipatory Bail To AMU Professor In FIR Over Alleged Reference To Rape In Hindu Mythology
The Allahabad High Court recently granted anticipatory bail to an Aligarh Muslim University professor (Dr Jitendra Kumar) who is facing an FIR for allegedly referring to examples of 'rape' in Hindu mythology during a Forensic Medicine class in 2022.A bench of Justice Gautam Chowdhary granted him relief, taking into account the applicant's role and all the facts and circumstances of the case....
Release Accused On 'Single' Surety; Don't Remand Them To Custody If Chargesheet Filed Sans Arrest: Allahabad HC Directs UP Courts
The Allahabad High Court has issued a comprehensive set of directions for the trial courts across Uttar Pradesh to ensure uniform trial court practice, to give effect to the constitutional guarantees under Article 21 and to implement binding Supreme Court directions in this regard. Exercising its power under Article 227 of the Constitution and Section 528 BNSS, a bench of...