The Supreme Court has stepped in to rescue former Jharkhand Minister Anosh Ekka from continued incarceration, noting that the legal offensive against him appears to be a repeat of allegations he has already faced. In a significant turn for the high-profile disproportionate assets case, the bench observed that dragging the same facts through a second … Read more
The Allahabad High Court has delivered a stern reality check to married couples seeking judicial protection for “live-in” relationships. The Court made it clear that personal liberty isn’t a license to bypass the law or trample on the legal rights of an existing spouse. The Court observed that, “The freedom of one person extincts where … Read more
The Allahabad High Court, while hearing a matter concerning the cancellation of the appointment of an Assistant Teacher, held that a mere discrepancy in the date of birth across different educational certificates cannot be a ground to annul the appointment, unless any undue advantage has been derived from it. The Court clarified that, “……..a mere … Read more
The Allahabad High Court, while hearing a plea challenging the validity of appointments of Assistant Teachers in a Gorakhpur-based aided institution, ruled that, “Appointments made in contravention of statutory provisions are illegal and do not confer any enforceable right.” The Court further emphasized that merely following a complete selection process under an incorrect statutory framework … Read more
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
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
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
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
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
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
