Allahabad High Court
Courts Can't Direct CBI To Secure Prosecution Sanction: Allahabad High Court Quashes Case Against Ex-DM In Illegal Sand Mining Case
The Allahabad High Court recently observed that a trial court cannot direct the investigating agency, such as the CBI, to ensure that sanction for the prosecution of a public servant is obtained, as such a direction virtually amounts to directing the competent sanctioning authority to grant sanction, which is impermissible in law. A Bench of Justice Raj Beer Singh made the observation...
Allahabad High Court Upholds Challan For Speeding Above 60 Kmph On Yamuna Expressway, Says State Can Prescribe Lower Speed Limits
The Allahabad High Court has upheld overspeeding e-challans issued to stage carriage bus operators for exceeding the prescribed 60 kmph speed limit on the Yamuna Expressway, holding that the State Government or a competent authority is empowered under the Motor Vehicles Act, 1988 to prescribe road-specific speed limits lower than the maximum limits notified by the Central Government.A...
Lucknow Development Authority Can't Levy Interest On Auction Sale Consideration Before Issuing Allotment Letter: Allahabad High Court
The Allahabad High Court has held that the Lucknow Development Authority (LDA) could not levy interest on the auction sale consideration for the period prior to issuance of the allotment letter to the successful bidder of a plot.It held that under the terms and conditions of the auction, installments became payable only after issuance of the allotment letter, and interest and penal interest...
LiveLaw Allahabad High Court Weekly Round Up: July 20 To July 26, 2026
NOMINAL INDEX Umesh Vidyarthi Versus Madhubala And Another 2026 LiveLaw (AB) 433 Rameshwar Dutt Awasthi v. State of U.P. and 4 others 2026 LiveLaw (AB) 434 Pardeshi v. D.D.C and others 2026 LiveLaw (AB) 435 Bashiran and another v. Smt. Harpal Kaur 2026 LiveLaw (AB) 436 Dinesh Chandra Shukla and 3 others Versus State of U.P. 2026 LiveLaw (AB) 437 Jai Shakti Realcon...
S.125 CrPC | Woman Induced Into Marriage By Concealment Of Husband's Existing Marriage Entitled To Maintenance: Allahabad High Court
The Allahabad High Court recently held that a woman who is induced into marriage by concealment of the husband's existing marriage is entitled to maintenance under Section 125 CrPC even though the marriage between the parties is void.A bench of Justice Garima Prashad noted that a husband cannot be permitted to take advantage of his own wrong and deny maintenance to the woman who had entered...
Allahabad High Court Summons UP Home Secy Sanjay Prasad In Contempt Plea Over Unpaid Compensation, Pending Custodial Death Guidelines
The Allahabad High Court (Lucknow Bench) on Friday summoned Uttar Pradesh Principal Secretary Home Sanjay Prasad to appear in person in a contempt application alleging non-compliance with a Division Bench judgment directing payment of compensation in a custodial death case and framing of guidelines for awarding compensation in such casesDealing with the contempt plea, a bench of Justice...
S.528 BNSS | Can High Court Invoke Its Inherent Powers Suo Motu To Quash Criminal Case In A Complainant's Appeal? Allahabad HC Answers
The Allahabad High Court has clarified that the HC can invoke its inherent powers under Section 528 BNSS (Section 482 CrPC) suo motu to quash criminal proceedings even while dealing with an appeal filed by the complainant where it finds that continuation of the proceedings would defeat the "ends of justice" or amount to an "abuse of the process of any Court".A bench of Justice Subhash...
Wife Needn't File Successive Pleas For Maintenance Recovery: Allahabad High Court Warns Judicial Officers Of Contempt If SC Guidelines Ignored
Clarifying that a wife cannot be compelled to file successive execution applications to recover monthly maintenance, the Allahabad High Court has directed all the Family Court Judges in UP to ensure strict compliance with the Supreme Court judgments on enforcement of maintenance orders, as failure to do so may invite disciplinary as well as contempt proceedings. A bench...
Allahabad High Court Orders Inquiry Against IO For Failing To Seize Mobiles In POCSO Case To Verify Obscene Video Allegations
The Allahabad High Court on Thursday directed the Superintendent of Police, Jaunpur, to conduct an enquiry against an Investigating Officer (IO) who failed to seize the mobile phones of the accused in a POCSO case despite allegations that obscene videos and photographs of the victim had been prepared using those devices.A bench of Justice Arun Kumar Singh Deshwal passed the order while...
Income Tax Act | Notice To Deceased Assessee Under S.148 Void, Not Curable: Allahabad High Court
The Allahabad High Court has held that a notice issued under Section 148 of the Income Tax Act, 1961 in the name of an assessee who was already dead on the date of its issuance is void ab initio, rendering every proceeding taken pursuant to it null and void. It held that the defect goes to jurisdiction and is not a mistake, defect or omission curable under Section 292B of the Act.Section 148...
S.159 Income Tax Act Can't Validate Reassessment Notice Issued To Deceased Assessee: Allahabad High Court
The Allahabad High Court at Lucknow has held that the Income Tax Department cannot invoke Section 159, which allows proceedings against a deceased assessee's legal representative, to continue reassessment proceedings initiated in the name of a dead person. It held that where the notice is issued after the assessee's death, the department must issue a fresh notice to the legal...
