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Allahabad High Court Questions Aligarh Commissioner for Acting Against Sealed Property Despite Pending Statutory Appeal | Ex-Parte Third-Party Complaints Cannot Be Entertained

Allahabad High Court Questions Aligarh Commissioner for Acting Against Sealed Property Despite Pending Statutory Appeal | Ex-Parte Third-Party Complaints Cannot Be Entertained

Isabella Mariam   The High Court of Judicature at Allahabad Division Bench of Justice Mahesh Chandra Tripathi and Justice Nand Prabha Shukla has directed that a pending statutory appeal before the Divisional Commissioner, Aligarh, be decided on merits. The Court recorded that despite the appeal being under consideration, the appellate authority entertained an ex-parte complaint and issued consequential orders. The Bench observed th...

Allahabad High Court | English Version of Law Prevails Over Hindi Translation in Case of Conflict | Under Article 348(3), Recruitment Merit Must Be Computed on English Rules

Allahabad High Court | English Version of Law Prevails Over Hindi Translation in Case of Conflict | Under Article 348(3), Recruitment Merit Must Be Computed on English Rules

Sanchayita Lahkar   The High Court of Judicature at Allahabad, Single Bench of Justice Manish Mathur dismissed a petition challenging the application of English language rules over their Hindi translation. The Court held that in the event of any conflict between the vernacular and English versions of statutory rules, the English version would prevail in terms of Article 348(3) of the Constitution of India. The petition, which sough...

Allahabad High Court | Fit and Major Unmarried Daughter Cannot Claim Maintenance Under S.125 CrPC | Petition May Be Converted Into Civil Suit Under S.20(3) Hindu Adoptions and Maintenance Act

Allahabad High Court | Fit and Major Unmarried Daughter Cannot Claim Maintenance Under S.125 CrPC | Petition May Be Converted Into Civil Suit Under S.20(3) Hindu Adoptions and Maintenance Act

Sanchayita Lahkar   The High Court of Judicature at Allahabad, Single Bench of Justice Rajnish Kumar, set aside an order of maintenance granted under Section 125 of the Code of Criminal Procedure. The Court directed that the matter be remitted to the Family Court for conversion and consideration under Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956. The directive further mandated that the Family Court decide the matt...

Allahabad High Court | Husband Liable to Pay Maintenance Despite Stay of Divorce Case | Proceedings Under Hindu Marriage Act Continue Until Final Disposal

Allahabad High Court | Husband Liable to Pay Maintenance Despite Stay of Divorce Case | Proceedings Under Hindu Marriage Act Continue Until Final Disposal

Isabella Mariam   The High Court of Judicature at Allahabad Single Bench of Justice Manish Kumar Nigam has dismissed a petition challenging the recovery of maintenance ordered under Section 24 of the Hindu Marriage Act, 1955. The Court held that the liability to pay maintenance continues unless set aside, varied, or modified by the Supreme Court. It further directed that the petitioner cannot be absolved of liability merely because...

Allahabad High Court | ‘Jethani’ Not Part of ‘Family’ Unless Brothers Share Common House & Kitchen | Cancels Bar on Anganbari Appointment and Orders Reinstatement

Allahabad High Court | ‘Jethani’ Not Part of ‘Family’ Unless Brothers Share Common House & Kitchen | Cancels Bar on Anganbari Appointment and Orders Reinstatement

Isabella Mariam   The High Court of Judicature at Allahabad Single Bench of Justice Ajit Kumar allowed a writ petition, setting aside the cancellation of an appointment and directing reinstatement. The court quashed the impugned order that had terminated the petitioner’s engagement as an Anganbari Worker. It held that the order was unsustainable both on the grounds of violation of principles of natural justice and on merits....

Allahabad High Court | Executing Court Empowered Under Section 36 Arbitration Act To Grant Statutory Post-Award Interest Even If Not Specified In Award

Allahabad High Court | Executing Court Empowered Under Section 36 Arbitration Act To Grant Statutory Post-Award Interest Even If Not Specified In Award

Safiya Malik   The High Court of Allahabad Single Bench of Justice Piyush Agrawal has dismissed a writ petition challenging orders passed by the Commercial Court, Agra. The court held that there was no illegality or perversity in directing the payment of simple interest at the rate of 18 percent per annum for a twelve-year period and in ordering the attachment of bank accounts. The judicial determination clarified that the executio...

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