#Allahabad High Court

Acquittal Not a Ground for Reinstatement in service; Termination order upheld: Allahabad High Court

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The Allahabad High Court, in a significant ruling on service jurisprudence, has clarified that an acquittal in a criminal case does not automatically guarantee a police officer’s reinstatement in service. The Court highlighted that criminal trials and departmental proceedings operate on entirely different standards of proof. The Court observed that, “A departmental proceeding is different … Read more

Court Upholds Life Sentence in Schoolgirl Burning Case, Validates Dying Declaration Despite Hostile Witnesses: Allahabad High Court

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Recently, the Allahabad High Court affirmed the life sentence of a man convicted of burning a 16-year-old schoolgirl alive, firmly rejecting an orchestrated defense that attempted to exploit confusion over his name. The ruling serves as a stern reminder that a credible, albeit brief, dying declaration is fully capable of sustaining a conviction, even when … Read more

Gram Nyayalaya can’t interfere in family court orders: Allahabad High Court

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The Allahabad High Court has criticized harshly the brakes on jurisdictional over-reach, ruling that village courts – Gram Nyayalayas, cannot meddle with or modify maintenance orders issued by regular Family Courts. In a directed ruling at preventing legal anarchy, the High Court clarified that these grassroots forums are not meant to act as superior authorities … Read more

Court Orders Return of Bunkar Colony House to Widow, Condemns Arbitrary State Action: Allahabad High Court

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The Allahabad High Court has delivered a stinging rebuke to state authorities for withholding a widow’s home, ruling that the hereditary art of weaving should not be “killed” by displacing a family upon the death of its patriarch. The Court made it clear that Government Officials cannot act contrary to their own records to deny … Read more

Mere Discrepancy in Date of Birth Not Ground to Cancel Teacher Appointment, Reinstatement Ordered: Allahabad High Court

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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

Appointments Made Against Statutory Provisions Are Illegal Despite Due Selection Process: Allahabad High Court

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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

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

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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

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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

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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

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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