This is for informational and educational purposes only and does not constitute legal advice. For advice specific to your situation, please consult a qualified advocate.
Notable Judgments — May 2025
Onkar Nath Gaur And Another vs District Magistrate/President Appellate Tribunal
| Case No. | Matters Under Article 227 No. 612 of 2024 |
| Citation | 2025:AHC-LKO:31522-FB |
| Date | 27 May 2025 |
| Bench | Hon’ble Justice Attau Rahman Masoodi, Hon’ble Justice Jaspreet Singh, Hon’ble Justice Subhash Vidyarthi (Full Bench) |
| Subject | Eviction Powers under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 |
In a significant Full Bench reference, the court addressed whether Maintenance Tribunals and Appellate Tribunals under the 2007 Act possess the power to order eviction. The Full Bench held that neither Maintenance Tribunals nor Appellate Tribunals have the authority to pass eviction orders under the Act. The court reasoned that the Act provides only for “maintenance” — defined as food, clothing, residence, and medical care — and not for eviction. The legislature was held to have deliberately omitted eviction powers from the statute, and Tribunals are bodies of limited jurisdiction bound by their statutory powers. The judgment overruled conflicting Division Bench precedent.
Key Legal Principle: Senior citizens seeking eviction of occupants from their property must approach civil courts for such relief. Maintenance Tribunals under the 2007 Act can only grant maintenance-related orders and do not possess the jurisdiction to order eviction.
Abdul Raqib @ Pehtul vs State of U.P.
| Case No. | Application U/S 483 No. 49 of 2025 (with Application U/S 483 No. 116 of 2025) |
| Citation | 2025:AHC-LKO:33302 |
| Date | 30 May 2025 |
| Bench | Hon’ble Justice Saurabh Lavania |
| Subject | U.P. Gangsters Act — Property Attachment Proceedings and High Court Superintendence |
The case examined whether applications under Section 483 CrPC (now Section 529 BNSS) are maintainable for seeking expeditious disposal of property attachment proceedings under Section 16 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986. The court held that such applications are maintainable, as the court handling Section 16 inquiries constitutes an inferior criminal court subject to High Court superintendence. The court directed that such proceedings must be concluded expeditiously.
Key Legal Principle: Persons affected by property attachment proceedings under the U.P. Gangsters Act can invoke the High Court’s supervisory jurisdiction under Section 483 CrPC / Section 529 BNSS to seek timely disposal of such matters.
For a complete list of orders passed in May 2025, refer to the Allahabad High Court website and Indian Kanoon.
Useful Resources
For full text of judgments and orders, readers may refer to:
- Indian Kanoon — Free legal database for published judgments
- Allahabad High Court Official Website — Daily orders, cause lists, and circulars
- eCourts India — Case status and court orders
Disclaimer: The information provided above is for general legal awareness and educational purposes only. It does not constitute legal advice, solicitation, or advertisement. Readers should consult a qualified legal professional for advice specific to their circumstances. The summaries above are based on publicly available information from Indian Kanoon and official court records.