Allahabad High Court

Allahabad High Court Upholds Arbitrator’s Appointment in Custom Milled Rice Dispute: Reinforces Waiver Doctrine and Importance of Raising Jurisdictional Objections at the Earliest Stage in Arbitration

Court's Decision This case revolves around a dispute concerning the recovery of dues related to the Custom Milled Rice (CMR) scheme. The petitioner is engaged in the business of milling…

Rawlaw February 20, 2025

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Allahabad High Court Upholds Bank’s Right to Forfeit Auction Deposit: Reaffirms Strict Three-Month Payment Deadline Under SARFAESI Act, Rejects Bidder’s Plea for Further Extension, and Strengthens Legal Certainty in Time-Bound Asset Recovery Processes

1. Court’s Decision The writ petition was dismissed because the petitioners had already been given the maximum three-month extension to pay the balance of the auction price. The court upheld…

Rawlaw February 20, 2025

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Allahabad High Court Grants Bail Due to Unreasonable Trial Delay: Reaffirms Right to Speedy Trial Under Article 21 and Rejects Indefinite Undertrial Detention

Court’s Decision The High Court granted bail to the applicant, emphasizing that the delay in concluding the trial violated the applicant's fundamental right to a speedy trial as guaranteed under…

Rawlaw February 20, 2025

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Allahabad High Court Reaffirms “Pay and Recover” Principle: Insurers Must Compensate Accident Victims First Despite 2019 Motor Vehicles Act Amendment, Ensuring Timely Financial Relief and Upholding Third-Party Rights

Court’s Decision The court held that the deletion of the proviso to Section 149(4) does not remove the insurer’s liability to compensate accident victims in the first instance. The court…

Rawlaw February 20, 2025

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Allahabad High Court Upholds Rejection of Multi-State Cooperative Bank Registration: Ruling Reinforces Regulatory Compliance and Proof of Operations Across States

Court’s Decision The court examined whether the petitioner, a cooperative bank, was eligible for multi-state cooperative society registration under the Multi-State Cooperative Societies Act, 2002. The primary contention was that…

Rawlaw February 20, 2025

News

Allahabad High Court: Collector Cannot Delegate Duty of Verifying No Confidence Motion; Delegated Inquiry Invalidated, ₹50,000 Costs Imposed on State

Court's Decision The Allahabad High Court declared that the orders dated 21.08.2024 (passed by the District Panchayat Raj Officer) and 12.11.2024 (issued by the Collector) were invalid. It ruled that…

Rawlaw January 11, 2025

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Allahabad High Court: “Litigants Should Not Bear Double Court Fees on Remand”; Upholds Fairness and Orders Refund Under Section 13 of the Court Fees Act, 1870

Court’s Decision The Allahabad High Court allowed the appeal, overturning the trial court’s rejection of the plaint due to non-payment of ad valorem court fees. The court held that the…

Rawlaw January 4, 2025

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Allahabad High Court Upholds Withholding of Gratuity Pending Disciplinary Proceedings: “Entitlement to Full Pension and Gratuity Is Subject to Proceedings’ Outcome”

Court’s Decision: The Allahabad High Court dismissed the appeal challenging the withholding of gratuity and upheld the decision of the Single Judge. It ruled that gratuity cannot be claimed during…

Rawlaw January 4, 2025

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Allahabad High Court Upholds Rs. 1.90 Per Sq. Yd. Compensation for Land Acquisition: Rejects Enhanced Claims Due to Procedural Non-Compliance and Statutory Bar Under Section 9 of the Land Acquisition Act

Court’s Decision: The Allahabad High Court dismissed appeals filed by tenure holders seeking enhanced compensation for land acquired in Ghaziabad. It upheld the original award of Rs. 1.90 per square…

Rawlaw January 3, 2025

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Allahabad High Court Rules Licence Fees Cannot Be Recovered as Arrears of Land Revenue: “Recovery Must Be in Accordance with the Law”

Court’s Decision: The Allahabad High Court quashed the recovery citation dated 05.09.2024, which sought to recover Rs. 2,00,000 in arrears of licence fees as land revenue. It ruled that such…

Rawlaw January 3, 2025