Magistrate Order U/S 156 (3) For FIR Registration Not Open To Revision At Instance Of Prospective Accused :Allahabad High Court

The Allahabad High Court recently observed that a prospective accused has no locus to challenge an order passed by a Magistrate under Section 156(3) CrPC directing the police to register an FIR and investigate, by way of a revision petition. A Bench of Justice Chawan Prakash thus dismissed a criminal revision petition, noting that an order passed under Section 156 (3) CrPC is an interlocutory order and cannot be challenged in revision under Section 397(2) CrPC. It noted that at the...

Following High Court Directions, UP Police To Email Instructions To Govt Advocates In Criminal Cases; 'Pairokar' System To End

The Director General of Police (DGP), Uttar Pradesh, has issued a mandatory circular directing all district police chiefs to send instructions in bail and other criminal matters via electronic mode to the Government Advocates in the Allahabad High Court. This move is in strict compliance with the High Court's directions issued on December 9. A bench of Justice Arun Kumar Singh Deshwal had issued the direction, noting that under the current manual system, there are significant delays...

NOIDA Not Authorized To Charge Lease Rent Till Possession Handed Over: Allahabad High Court Reiterates

Relying on various judgments of itself and the Delhi High Court, the Allahabad High Court has reiterated that the New Okhla Development Authority (NOIDA) cannot charge lease rent for the property of which possession has not been given to the lessee.In Allure Developers Private Limited Vs. State Of U P. And 3 Others, the Allahabad High Court had held that the petitioner therein be granted...

Specific Performance | Limitation Is A Triable Issue When Plaint Avers Supplementary Agreement Extended Timeline: Allahabad High Court

The Allahabad High Court (Lucknow Bench) recently observed that a suit for specific performance of a contract cannot be rejected at the threshold as time-barred under Order VII Rule 11 Civil Procedure Code (CPC) if the plaintiff has pleaded explicitly that the subsequent execution of a supplementary agreement extended the original timeline for performance. A Bench of Justice Jaspreet Singh held that, in such circumstances, the question of whether the suit is barred by...

Allahabad High Court Annual Tax Digest 2025

Direct Tax[Income Tax] Filing Of Form 10-IC Prior To Filing Of Return Not Mandatory, Delay May Be Condoned In “Genuine Hardship”: Allahabad High CourtCase Title: CELL COM TELESERVICES PRIVATE LIMITED v. UNION OF INDIA AND OTHERSCase no.: WRIT TAX NO. 278 OF 2024The Allahabad High Court has held that filing of Form 10-IC prior to filing of income tax return is not mandatory and the delay...

Allahabad High Court Flags State's Lackadaisical Attitude In Tracing Missing Persons, Seeks Personal Affidavit Of Principal Home Secretary

Observing the lackadaisical attitude of State authorities in tracing out missing persons and being unsatisfied with the personal affidavit of the Commissioner of Police, Lucknow, the Allahabad High Court has order the State's Principal Secretary (Home), to file his personal affidavit detailing the action taken on a petitioner's complaint and disclose as to how many missing persons complaints...

'Jailed For 24 Years Sans Evidence': Allahabad High Court Acquits Man Convicted Solely Based On S. 313 CrPC Admission

The Allahabad High Court recently set aside the conviction of a man sentenced to life imprisonment for the offence of dacoity. In this case, the trial court, in 2002, rendered the verdict solely based on his admission in his statements recorded under Section 313 CrPC. Finding fault with the same, a bench of Justice JJ Munir and Justice Sanjiv Kumar ruled that a conviction cannot be...

Allahabad High Court Quashes Forgery Case Against Shooter Vartika Singh Who Accused Smriti Irani Of Corruption

The Allahabad High Court (Lucknow Bench) last week quashed criminal proceedings against international shooter and President's Awardee Vartika Singh, who was facing charges of forgery and defamation after she alleged that she was asked Rs. 25 Lakh as a bribe in return for a berth in the National Commission for Women. A bench Justice Rajeev Singh observed that there was absolutely...

Dadri Lynching | Victim Akhlaq's Wife Moves High Court Against UP Govt's Proposal To Withdraw Charges Against Accused

[NOTE : After the publication of this story, a court in Gautam Budh Nagar (UP) rejected the Uttar Pradesh Government's application to withdraw the prosecution against the accused in the 2015 Mohammad Akhlaq lynching case. Consequently, the petition filed by the victim's wife (details of which are contained in the news piece below) in the High Court has effectively been rendered infructuous....

Can't Be Punished More Than Once: Allahabad High Court Grants Relief To CISF Constable Awarded Punishment Earlier For Same Misconduct

The Allahabad High Court said that a major penalty cannot be imposed on a CISF personnel for the same misconduct for which minor penalty was already imposed, reiterating that "no person can be punished more than once for the same misconduct". Petitioner was appointed as Central Industrial Security Force (CISF) constable in 1987. After getting an increment to his basic pay, petitioner was...

Central Institute Of Medicinal & Aromatic Plants, Lucknow Not 'Industry' Under Industrial Disputes Act: Allahabad High Court

The Allahabad High Court has held that Central Institute of Medicinal & Aromatic Plants, Lucknow, a constituent/ Institute of Council of Scientific and Industrial Research, New Delhi is not an industry under 2(j) of Industrial Disputes Act, 1947.Definition of 'Industry' under the Act of 1947 reads as"2(j) "industry" means any business, trade undertaking, manufacturer or calling of...

Allahabad High Court Passes Split Verdict On Single Judge's Stay Of Arbitrator's Orders In Cooperative Society Election Dispute

A division bench of the Lucknow Bench of the Allahabad High Court delivered a split verdict against challenge to an order of the Single Judge whereby it had stayed the order of the Sub-Divisional Magistrate, who was acting as an arbitrator, by which election result of the Bahujan Nirbal Varg Sahkari Grih Nirman Samiti Ltd. (Petitioner) under the Uttar Pradesh Cooperative Societies Act 1965...