Child Welfare Overrides Personal Law in Custody Matters; Clarifies Jurisdiction of Family Courts: Allahabad High Court

The Allahabad High Court, while dealing with a matter concerning the custody of minor children, has clarified that personal law alone cannot be treated as the final determining factor while deciding issues of child custody. The Court emphasized that the welfare of the child remains the paramount consideration in such matters. The Court observed that, … Read more

No Legal Duty on Daughter-in-Law to Maintain In-Laws; Clarifies Scope of BNSS Section 144: Allahabad High Court

Hearing a matter related to maintenance under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the Allahabad High Court clarified that in the absence of an explicit statutory provision, a daughter-in-law cannot be compelled to maintain her parents-in-law merely on the basis of moral obligation. The Court observed that, “The concept of moral obligation, … Read more

Natural Guardian Can Sell Minor’s Joint Family Property Share for Welfare: Allahabad High Court

The Allahabad High Court, in a significant ruling concerning the sale of a minor’s family property, has held that in cases involving a Hindu minor’s undivided interest in joint family property, prior permission of the Court is not necessary for the natural guardian to sell such property, provided the action is taken for the minor’s … Read more

Registrar Is Public Servant, Not a Court Under Limitation Act: Allahabad High Court

The Allahabad High Court (Lucknow Bench), in an order by the Appellate Authority’s direction to register sale deed held that under Section 84 of the Act, a Registering Officer is deemed to be a public servant, though not a Judge or Judicial Officer. While every Judge or Judicial Officer is a public servant, the converse … Read more

Supreme Court Upholds Bijwasan Railway Project, Rules Master Plan Prevails Over ‘Deemed Forest’ Claim

The Supreme Court ruled that territory designated under a statutory Master Plan can’t subsequently be considered as “deemed forest” simply because of subsequent vegetation growth, upholding the redevelopment of the railway site at Bijwasan in Delhi. The Forest (Conservation) Act, 1980, did not require prior approval in the absence of forest status at the time … Read more

SC Quashes FIR Under UP Gangsters Act Citing Procedural Lapses in Gang Chart

An FIR filed under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 was invalidated by the Supreme Court because the necessary procedures for creating and approving a Gang Chart had not been followed. The Court emphasized that strict adherence to statutory rules is essential, particularly when individual liberty is at stake. The said … Read more

Supreme Court Upholds Post-Retirement Disciplinary Proceedings; Penalties Affecting Pension Valid if Rules Permit

The Supreme Court has clarified that disciplinary proceedings initiated during service can be continued even after retirement, provided the applicable service rules permit such continuation. The Court held that such proceedings may be taken to their logical conclusion and appropriate penalties can be imposed on the delinquent employee. The Court specifically observed that, “………if the … Read more

Supreme Court Condemns Bar Violence, Grants Bail to Toll Workers; Transfers Trial to Delhi to Ensure Fair Representation

The Supreme Court granted bail to toll plaza workers accused of assaulting a lawyer in Uttar Pradesh in a significant decision that struck a balance between individual freedom and the dignity of the legal profession. At the same time, the court strongly condemned Bar members for using violence and impeding legal representation. Citing a breakdown … Read more

Court Upholds Cancellation of Assistant Professor Exam Over Paper Leak Allegations; Integrity of Recruitment Paramount: Allahabad High Court

The Allahabad High Court has upheld the decision of the State Government and the Uttar Pradesh Education Service Selection Commission to cancel the result of the written examination conducted for recruitment to 910 posts of Assistant Professor in aided non-government postgraduate colleges of the State. The Court observed that the integrity and fairness of an … Read more

Consensual Relationship Between Adults Cannot Be Termed Rape After Breakup: Allahabad High Court

The Allahabad High Court has observed that a consensual physical relationship between two adults cannot subsequently be termed as rape merely because the relationship ended or the promise of marriage was not fulfilled. The observation came while allowing an application filed by accused Ajay Saini under Section 528 BNSS, 2023. A single-judge Bench of Justice … Read more