Gyanvapi | 'Merely Seeking Right To Worship Hindu Deities Doesn't Change Mosque's Character Into A Temple': Allahabad HC Rejects Masjid Committee's Plea

While dismissing the revision plea moved by the Gyanvapi Mosque Committee challenging a Varanasi Court order rejecting its objection to 5 Hindu Women Worshippers suit, the Allahabad High Court yesterday observed that mere asking to enforce a right to worship Maa Srinagar Gauri, Lord Ganesha, Lord Hanuman and the other Deities, (located inside Mosque Premises) is not an act that changes the character of the Gyanvapi Mosque into a templeIn its order, which was made public this evening, the bench...

'Mockery Of Criminal Jurisprudence': Allahabad HC Deplores Issuance Of S. 160 CrPC Notice To Accused, 17 Years After Lodging Of FIR

Last week, the Allahabad High Court disapproved the issuance of notice under Section 160 of CrPC to 5 accused in connection with an FIR registered against them in the year 2006, about 17 years back. Calling it a mockery of the criminal jurisprudence, the Bench of Justice Rahul Chaturvedi and Justice Gajendra Kumar protected the 5 accused and also gave them the liberty to apply for anticipatory bail in the matter. The Court was essentially dealing with a criminal writ petition filed...

Unusual For A Woman To Present A False Story Of Sexual Assault So As To Implicate An Innocent Person: Allahabad High Court

Refusing to grant bail to a man accused of raping a 17-year-old girl, the Allahabad High Court on Tuesday said it would be unusual for a woman to come up with a false story of being a victim of sexual assault so as to implicate an innocent person. The bench of Justice Sanjay Kumar Singh added that in our country, a woman, a victim of sexual aggression, would rather suffer silently than implicate somebody falsely. Hence, until she is a victim of a sex crime, she would not blame anyone but the...

UP Cow Slaughter Act| 'Mere Possession Of Meat Not An Offence, No Evidence That Substance Recovered Was Beef': Allahabad HC Grants Bail To Accused

The Allahabad High Court recently granted bail to an accused booked under the UP Prevention of Cow Slaughter Act by observing that the prosecution had not demonstrated with cogent evidence that the substance recovered was beef or beef products. The bench of Justice Vikram D. Chauhan also said that merely possessing or carrying meat cannot amount to the sale or transport of beef or beef products as punishable under the Slaughter Act unless it is shown by cogent and sufficient evidence...

BREAKING: [Gyanvapi] Allahabad HC Dismisses Masjid Committee's Plea Against Maintainability Of Hindu Worshippers' Suit In Varanasi Court

The Allahabad High Court today dismissed the revision plea moved by the Anjuman Intazamia Mosque Committee (which manages the Gyanvapi Mosque in Varanasi) challenging a Varanasi Court order (of September 12, 2022) dismissing its Order 7 Rule 11 CPC plea that was filed last year objecting to the maintainability of Hindu Worshippers' suit filed in Varanasi Court seeking worshipping rights inside the Gyanvapi Mosque compound.In essence, the HC has rejected the mosque committee's challenge to the 5...

UP Intermediate Education Act| Allahabad HC Reads Down Provision Disallowing Change In Name In Documents After Religious Conversion, Caste Change & Marriage

The Allahabad High Court last week read down Regulation 40 (ग) of the Uttar Pradesh Intermediate Education Act, 1921 which prohibits acceptance of any application filed by a person seeking to change his name in his educational document adopting nicknames, names disclosing a person’s religion or caste or use of honorific word or a title The provision also provided that name change applications pursuant to religious conversion or change of caste or change of name after marriage are not liable to...

Fundamental Right To Keep Or Change A Name Vested In Every Citizen By Virtue Of Article 19(1)(a) & Article 21: Allahabad High Court

Stressing that the intimacy of human life and a person’s name is undeniable, the Allahabad High Court last week said that the fundamental right to keep or change a name is vested in every citizen by virtue of Article 19(1)(a) and Article 21 of the Constitution of India.The bench of Justice Ajay Bhanot observed thus while allowing a writ petition filed by one Sameer Rao challenging the action of the UP Board of High School and Intermediate Education rejecting the application filed by the...

Commercial Court Can’t Reject Execution Application Filed Where Judgment Debtor Resides On Grounds Of Lack Of Territorial Jurisdiction: Allahabad HC

The Allahabad High Court recently observed that a Commercial Court cannot reject an application filed where the judgement debtor resides for execution of an arbitral award, on the ground of lack of territorial jurisdiction. “This Court finds that the law in regard to moving the execution application has already been settled by Apex Court in the case of Sundaram Finance Limited (supra) and provisions of Section 36 of the Act of 1996 is clear to the extent that provisions of Code of...

Kashi Vishwanath-Gyanvapi Row| Allahabad HC Seeks Certain Clarifications Months After Reserving Its Orders In A Bunch Of Pleas, Hearing On July 14

Months after reserving its orders in a bunch of pleas concerning the Gyanvapi Mosque-Kashi Vishwanath Temple issue, the Allahabad High Court last week sought certain clarifications in the matter from the parties before it. Having heard the parties for some time on May 26, the Bench of Justice Prakash Padia has posted the matter for further hearing on July 14. The pleas before the Court include a challenge to the maintainability of a suit filed before a Varanasi court, seeking the...

UP Scholarship Scam: Allahabad High Court Grants Interim Anticipatory Bail To Hygia Educational Group's VP On Medical Grounds

Today, the Allahabad High Court granted interim anticipatory bail, on medical grounds, to the Vice President of the Hygia Educational Group, Syed Ishrat Hussain Jafri, who is an accused in the ₹500 crore state scholarship scam.While granting him interim relief, the bench of Justice Subhash Vidyarthi took into account the fact that Jafri is suffering from various ailments and is unable to have proper treatment due to the apprehension of arrest by the Enforcement Directorate (ED).The bench also...

'Wife Was Murdered Only Because She Strongly Protested Against Their Illicit Relation': Allahabad HC Upholds Conviction Of Husband, His Lover

The Allahabad High Court recently upheld the conviction and sentence of life imprisonment awarded by the trial court to a man, and his lover, who killed his wife after setting her ablaze in 2011 merely because she was a strong protester of their illicit relationship. The bench of Justice Kaushal Jayendra Thaker and Justice Shiv Shanker Prasad observed that such persons are not entitled to any leniency as they are a black spot in society. “This version of P.W.-3 that the...

Sexual Assaults On Children On Rise, All Cases Aren't Reported; Offenders Must Be Punished Mercilessly: Allahabad High Court

The Allahabad High Court recently observed that there has been an alarming and shocking increase in sexual offences committed against children. Noting that all such sexual assaults are not reported and do not come to light, the bench of Justice Sanjay Kumar Singh added thus: “…this is due to the reasons that children are ignorant of the act of the rape and are not able to offer resistance and become easy prey for lusty brutes who display the unscrupulous, deceitful and insidious art...