Allahabad High Court
Police Cannot Interfere In Civil Property Disputes: Allahabad High Court Warns Deviations May Invite Departmental & Contempt Proceedings
The Allahabad High Court has reiterated that police authorities and Executive officers have no jurisdiction to adjudicate or interfere in civil disputes between private parties, while clarifying that any deviation may invite departmental as well as contempt proceedings.In its order passed on July 27, the Court emphasized that police can intervene only to the limited extent necessary...
Article 22(1) | Police Pay 'Scant Regard' To Arrest Safeguards, Scorn Judgments Enforcing Fundamental Rights : Allahabad High Court
The Allahabad High Court last week strongly criticised the police's approach to constitutional safeguards, observing that they have "traditionally paid scant regard" to the requirements of Article 22(1) of the Constitution and often fail to appreciate the significance of fundamental rights when exercising the power of arrest. Referring to a series of landmark Supreme Court judgments which...
Allahabad High Court Refuses To Ban UP Cricket Association Or Order CBI Probe Into Assets Transfer
The Allahabad High Court has refused to ban or initiate CBI inquiry against the Uttar Pradesh Cricket Association (UPCA). It has also held that no mandamus can be issued to the Board of Control for Cricket in India (BCCI) to take over the assets of the UPCA as the UPCA was company incorporated under Section 25 of the Companies Act, 1956.Holding that there was no bar on transferring of assets...
LiveLaw Allahabad High Court Weekly Round-Up: July 27 - August 02, 2026
NOMINAL INDEX M/s Drosia India Limited Thru. Director Mr. Waheedul Hasan Siddiqui v. State of U.P. Thru. Prin. Secy. Deptt. of Housing and Urban Planning Lko. and 3 others 2026 LiveLaw (AB) 469 Shaheen Siddiqui and 7 others v. State of U.P. and 10 others 2026 LiveLaw (AB) 470 Pawan Kumar vs. Central Bureau of Investigation and Another 2026 LiveLaw (AB) 471 Anand Kumar Gupta...
PFI 'Terror Plot' Case | Allahabad High Court Questions Lucknow NIA Court Over No Progress In Trial Against Accused Arrested In 2021
The Allahabad High Court on Monday expressed its surprise and questioned the lack of progress in the trial of 2 accused arrested in 2021 in an alleged PFI terror plot case. The High Court sought a comprehensive report from the Special Sessions Judge, NIA/ATS, Lucknow, questioning why its earlier directions to conclude the trial expeditiously and to ensure the proper conduct of the...
Does Rejection Of Bail Bar Subsequent Challenge To Legality Of Arrest? Allahabad High Court Answers
Distinguishing the Supreme Court's 2025 judgment in State of Madhya Pradesh v. Kusum Sahu [2025 LiveLaw (SC) 1110], the Allahabad High Court last week held that rejection of a regular bail application does not, by itself, bar a subsequent challenge to the legality of an arrest and judicial remand under Article 22(1) of the Constitution of India. A Bench of Justice JJ Munir and Justice...
Insurance Company Can't File Writ To Challenge Compensation Granted To Beneficiary Under Govt Welfare Scheme: Allahabad High Court
The Allahabad High Court has held that an insurance company cannot invoke the writ jurisdiction under Article 226 of the Constitution to challenge compensation awarded to a beneficiary under a government welfare scheme by relying on alleged violations of the Memorandum of Understanding (MoU) executed between the insurer and the State Government.It held that such a dispute is...
Character Certificate Can't Be Denied Merely Due To Pendency Of Criminal Case: Allahabad High Court
The Allahabad High Court has held that a character certificate cannot be denied merely because a criminal case is pending against the applicant.The bench of Justice Prakash Padia and Justice Vivek Saran held that the pendency of a criminal case under Sections 323, 504 and 506 IPC, by itself, could not be a ground to reject an application for issuance of a character certificate.“….we are...
Medical Representative Is Not 'Workman' Under Uttar Pradesh Industrial Disputes Act: Allahabad High Court
The Allahabad High Court has held that a medical representative is not a 'workman' under the U.P. Industrial Disputes Act, 1947 read with the Sales Promotion Employees (Conditions of Service) Act, 1976.Section 6(2) of the Sales Promotion Employees (Conditions of Service) Act, 1976 provides that the provisions of the Industrial Disputes Act, 1947, as in force for the time being, shall apply...
Employee Absorbed In New Cadre Can't Be Denied Its Benefits Due To Initial Appointment In Another Cadre: Allahabad High Court
The Allahabad High Court has held that once an employee is permanently absorbed in a cadre, he becomes a member of that cadre for all service purposes, and the cadre in which he was first appointed cannot thereafter be used to deny him the financial benefits attached to the cadre he was absorbed into.It held that upon absorption, the lien on the earlier post and the incidents of the earlier...
Forum For Landlord-Tenant Dispute Determined By Law In Force When Suit Is Filed, Not When Tenancy Ends: Allahabad High Court
The Allahabad High Court has held that the forum competent to decide a landlord-tenant dispute is determined by the law in force on the date the suit is instituted, and not by the law prevailing when the tenancy was terminated or the cause of action arose.Justice Dr. Yogendra Kumar Srivastava observed that where a landlord-tenant dispute is instituted after the enforcement of the Uttar...