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The Court held that the Shariat Law providing for puberty as the competent age under the law, permissible for a girl to marry or be married, violates the Prohibition of Child Marriage Act and the POCSO Act.
The Allahabad High Court clarified that the Places of Worship (Special Provisions) Act, 1991 does not curtail the State’s power to acquire religious properties for a public purpose, including road widening and infrastructure development.
The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 does not create a special forum for deciding title disputes or declaring conveyance deeds void merely because the dispute involves a senior citizen. The Court reiterated that property disputes falling outside the limited scope of Section 23 must be adjudicated before the competent civil court.
The Court noted that the petitioner’s candidature was rejected solely on the ground that she did not submit the hard copy of the application form and accordingly permitted her to provisionally appear in the Mains Examination, subject to further orders to be passed in the present writ petition.
In the present case, the Allahabad High Court examined a challenge to a murder conviction, focusing on how much weight should be given to witness statements recorded at different stages of the trial, including those made before the accused was summoned.
The High Court observed that permitting individuals like the accused to incite divisions on religious grounds for political gain threatens to unravel the social fabric of the country and poses a serious risk to national integrity.
“Once appointed for census work, such persons are deemed to be public servants and are under a statutory obligation to discharge the assigned duties.”
The Allahabad High Court declares Lok Adalats cannot assume the exclusive jurisdiction of Family Courts to grant divorce, criticises DLSA for mechanical and cryptic orders, and directs judgment to be circulated to all Lok Adalats and DLSAs across Uttar Pradesh.
The Allahabad High Court quashed the FIR holding that an advocate who files a statutory GST appeal for a client — even if the legal position taken on pre-deposit is wrong cannot be held a co-conspirator in the client’s alleged tax evasion.
Senior Advocate Brijesh Kumar Shukla has urged the Chief Justice of the Allahabad High Court to relax the prescribed dress code for advocates, citing severe heatwave conditions, health concerns and similar relaxations granted by other High Courts.
The Court reiterated that criminal liability cannot be fastened mechanically merely based on designation unless the statute specifically provides for vicarious liability or there exist specific allegations demonstrating an active role and responsibility of the accused in the commission of the alleged offence.
Supreme Court stayed the operation of the Allahabad High Court's judgment to the extent it directs refund of the fee paid to ex-students, till the next date of hearing.
Allahabad High Court noted that last year, the Trial Court convicted Kamlesh Pawan and six others for protesting against the arrest of Akhilesh Yadav and attempting to burn the statue of the then UP Chief Minister, Mayawati.
Allahabad High Court said that the FIR has been lodged by the grandmother of the accused and she is not an eyewitness. The other witnesses are also not the eyewitnesses in the instant matter and only on hearsay basis, the bail of the accused has been rejected.
Women or girl raped is not an accomplice and to insist on corroboration of the testimony, amounts to insult to womanhood.
Allahabad High Court reiterated that a statute should be read and understood according to its plain grammatical meaning, unless that construction leads to an absurd result, or defeats the object and the very purpose of it
Allahabad High Court said that in the eye of law, wife and husband have separate entity. The present case is not a case that the wife, sole proprietor of the Firm had provided the cheque signed by or on behalf of the applicant
Allahabad High Court said that the facts of this case are not only shocking but show the mindset of male persons that when a woman has not conceived for many years, the only fault is of the women and not of men and for that women are subject to occultist rituals. It is a curse for society that such rituals are still prevailing in 21st Century.
Allahabad High Court said that the facts prima facie shows that the act of the Advocate amounts to criminal contempt referred to in section 2(c) of the Contempt of Courts Act, 1971