Live-in Relationships, an outcome of Western ideas, Detrimental to Indian Social Values: Allahabad High Court

The Allahabad High Court, while making significant observations on the increasing trend of live-in relationships, has remarked that under the influence of western ideas, the tendency among youth to live together without marriage is on the rise, posing a serious threat to Indian social values. The Court noted that when such relationships fail, legal proceedings … Read more

No right to claim maintenance from an unemployed husband rendered incapable due to violent acts of wife’s relatives: Allahabad High Court

The Allahabad High Court has clarified in a maintenance related matter that if, due to criminal and violent acts of the wife or her relatives, the husband’s employment is adversely affected and his capacity to earn a livelihood is completely destroyed, then the wife cannot claim interim maintenance in such circumstances. The said order was … Read more

Taking cognizance under two distinct offences simultaneously is impermissible in law: Allahabad High Court

The Allahabad High Court has clarified that taking cognizance simultaneously under two distinct offences i.e. cheating under Section 420 IPC and criminal breach of trust under Section 406 IPC on the same set of facts or transaction is contrary to law, as the two offences are inherently contradictory in nature. The order was passed by … Read more

Rejecting compassionate appointment claim by excluding married daughter from “family” is illegal: Allahabad High Court

Recently in one of the case, the Allahabad High Court has held that rejecting a claim for compassionate appointment by treating a married daughter as outside the definition of “family” is legally unsustainable. Setting aside the order passed by the District Basic Education Officer (BSA), Siddharth Nagar, the Court clarified that in view of the … Read more

Cognizance taken beyond limitation period contrary to settled law: Allahabad High Court

      The Allahabad High Court has held that taking cognizance beyond the prescribed period of limitation in a theft case from Firozabad amounts to a clear violation of law as well as an abuse of the judicial process. Setting aside the entire criminal proceedings against two accused, the Court also issued directions to … Read more

Cancellation of examination centres over a single cheating incident not fair: Bombay High Court

The Aurangabad Bench of the Bombay High Court has set aside orders cancelling Higher Secondary Certificate (HSC) examination centres of several colleges solely on the basis of a single instance of cheating by one student, and held such action to be arbitrary and disproportionate. The Court found that while allotment of an examination centre may … Read more

Summoning a witness repeatedly in sensitive POCSO cases is illegal: Allahabad High Court

The Allahabad High Court, while dismissing the application filed under provision of BNSS (Section 528) by the accused seeking to recall the victim for re-cross-examination in a case under the POCSO Act, categorically held that summoning a child victim again after her cross-examination has already been conducted in a pending trial is not only contrary … Read more

Court comes down heavily on GNIDA for arbitrary lease rent recovery in violation of lease conditions: Allahabad High Court

The Allahabad High Court has set aside the demand of ₹5.28 crore raised by the Greater Noida Industrial Development Authority (GNIDA) from an industrial unit, holding the recovery to be illegal. The Court categorically observed that a lease deed is a binding contract and any enhancement of lease rent, without adhering to the conditions stipulated … Read more

Minor’s Right to Passport Cannot Be Hampered Due to Parental Disputes: Allahabad High Court

  The Allahabad High Court, while dealing with a case where a minor girl was denied issuance of a passport on the ground of matrimonial dispute between her parents, has held that a minor child’s passport application cannot be withheld or kept pending indefinitely merely because of ongoing matrimonial or criminal disputes between the parents. … Read more

Directions to DGP to issue SOP for mandatory recording of search and seizure

  The Allahabad High Court, while hearing a case relating to the alleged theft of 40 motorcycles, directed the Director General of Police (DGP), Lucknow, Uttar Pradesh, to issue a detailed Standard Operating Procedure (SOP) for mandatory recording of search and seizure as prescribed under Section 105 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The … Read more