Allahabad High Court
Allahabad High Court Admits Disqualified MP Afzal Ansari's Appeal Against Conviction Under Gangster Act
The Allahabad High Court on Thursday admitted the appeal filed by Disqualified MP Afzal Ansari challenging his conviction in the Gangster Act case wherein he has been sentenced to 4 years in prison by the Ghazipur MP/MLA Court. The HC has also summoned the lower court's record related to the case.The bench of Justice Rajeev Misra also sought the reply of the State Government as well as the complainant within 3 weeks on Ansari's separate application praying for a stay on his conviction...
Krishna Janmabhoomi-Shahi Idgah Dispute: Allahabad High Court Transfers To Itself All Suits Pending In Mathura Court
The Allahabad High Court today transferred to itself all the suits pending before the Mathura Court praying for various reliefs pertaining to the Sri Krishna Janmabhoomi-Shahi Idgah Mosque dispute.With this the Bench of Justice Arvind Kumar Mishra-I allowed the transfer application moved by Bhagwan Shrikrishna Virajman And 7 Others. In the operative part of its order, it observed thus:"...looking to the fact that as many as 10 suits are stated to be pending before the civil court and also there...
'Victim Survived Fatal Attack Only By Sheer Luck': Allahabad HC Refuses To Quash 'Attempt To Murder' Case Based On Compromise
The Allahabad High Court recently refused to quash an attempt to murder case (Section 307 IPC) based on the compromise entered into between the victim and the accused as it observed that permitting the parties to compromise would be an abdication of the State's function to prosecute offences against the society.Considering the medico-legal report and the fact that the gunshot injury was sustained on the neck, which is a vital part of the body, the bench of Justice JJ Munir observed thus:"A...
Section 190 CrPC| Magistrate Can Also Summon Persons Not Named In Chargesheet/ FIR As An Accused: Allahabad High Court
The Allahabad High Court has recently observed that a Magistrate has the power under Section 190 CrPC to issue summons against persons who have not been mentioned as an accused in the charge sheet or arraigned in the first information report. The bench of Justice Ajai Kumar Srivastava-I observed thus while referring to the Supreme Court’s ruling in the case of Nahar Singh vs State of Uttar Pradesh 2022 LiveLaw (SC) 291 wherein it was held by the Top Court that if there are materials...
Siddique Kappan Co-Accused Atikur Rehman Granted Bail In PMLA Case By Allahabad High Court
The 'Hathras Conspiracy' case accused Atikur Rehman who was arrested in October 2020 along with journalist Siddique Kappan and two others on their way to Hathras to meet the family members of a gang rape and murder victim, was today granted by the Allahabad High Court in the Prevention of Money Laundering Activities (PMLA) case.The bench of Justice Subhash Vidyarthi passed this order today paving the way for Rehman's release after over 940 days of his incarceration. A detailed copy of...
Not Allowing Spouse To Have Sexual Intercourse For A Long Time Amounts To Mental Cruelty: Allahabad High Court
The Allahabad High Court last week dissolved the marriage between a couple on the ground of cruelty by observing that not allowing a spouse for a long time, to have sexual intercourse with his or her partner, without sufficient reason, itself amounts to mental cruelty to such spouse.With this, the bench of Justice Suneet Kumar and Justice Rajendra Kumar-IV allowed the appeal filed by the Husband challenging a family court's order dismissing his divorce petition under Section 13 Hindu Marriage...
Allahabad High Court Weekly Round-Up: May 15 To May 21
NOMINAL INDEX Prashant Chandra vs. State Of U.P. Thru. Prin. Secy. Home, Lko. And Others 2023 LiveLaw (AB) 148 Ranjeeta @ Ravita vs. State of U.P. and Another 2023 LiveLaw (AB) 149 Manas Vatsa vs. State Of U.P. And 3 Others 2023 LiveLaw (AB) 150 Waseem Khan vs. State Of U.P. Thru. Prin. Secy. Nyay Lko. And Another 2023 LiveLaw (AB) 151 Kamal Singh vs. State of U.P....
Allahabad HC Permits Civil Judge (JD) Candidate Who Applied Under Wrong Category To Provisionally Appear In Mains Exam
In an interim relief, the Allahabad High Court on Monday permitted a candidate, who applied under the wrong category, to write the mains examination of the UP Judicial Service Civil Judge (Junior Division) Examination-2022, which is to be held from today onwards.The bench of Justice Saumitra Dayal Singh and Justice Rajendra Kumar-IV, however, clarified that the petitioner was being allowed in the examination provisionally, subject to the final outcome of the present writ petition and directed...
![Allahabad High Court, Apply For Bail In Parts, Accused, Seek Bail, All Offences, Wanted, Sections 323, 325, 504 and 506 IPC, Sections 392 and 452 IPC, anticipatory bail, section 437 crpc, section 438 crpc, Justice Krishan Pahal, Urmila Devi And Another vs. State of U.P. and Another 2023 LiveLaw (AB) 159 [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3552 of 2023],](https://www.livelaw.in/h-upload/2022/12/04/500x300_447552-prayagraj-allahabad-high-court-2.jpg "Allahabad High Court, Apply For Bail In Parts, Accused, Seek Bail, All Offences, Wanted, Sections 323, 325, 504 and 506 IPC, Sections 392 and 452 IPC, anticipatory bail, section 437 crpc, section 438 crpc, Justice Krishan Pahal, Urmila Devi And Another vs. State of U.P. and Another 2023 LiveLaw (AB) 159 [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3552 of 2023],")
Impermissible To Apply For Bail In Parts, Accused Must Seek Bail In All Offences For Which He Is Wanted: Allahabad High Court
The Allahabad High Court has clarified that no person can apply for bail in parts and that an accused is required to seek bail for all the offences for which he is wanted. “No person can be permitted to apply for bail in part, that too firstly getting bail by invoking powers u/s 437 CrPC and later on taking recourse to Section 438 CrPC in the other sections. He has to apply for bail in all the sections he is wanted either u/s 437 CrPC or 438 CrPC,” the bench of Justice Krishan Pahal...
"Consider Candidature If Religious Tattoo Is Removed": Allahabad HC To UOI, Grants Relief To BSF Head Constable (RO) Candidate
In a relief to a candidate who was declared successful in the 2018 BSF Head Constable (Radio Operator) exam but was denied employment on account of a religious tattoo mark on his hand, the Allahabad High Court has directed the Central Government to consider his candidature if he removes the tattoo. The Bench of Justice Saurabh Srivastava directed the Centre that if the petitioner/candidate removes the tattoo in question, then that particular disability may not be considered as an...
Review Plea Challenging PM CARES Fund Validity: Allahabad High Court Issues Notice To UOI, NDMA
The Allahabad High Court today issued notices to the Union of India and the National Disaster Management Authority (NDMA) in a civil review petition filed before it challenging the validity of the PM CARES Fund.It may be noted that in August 2020, the High Court, hearing a PIL plea filed by two HC advocates Divya Pal Singh and Anubhav Singh, rejected the challenge to the constitutional validity of the PMCARES Fund and the PMNRF in the light of the Disaster Management Act.Thereafter, the...
'No Perversity In Trial Court's Order, It Didn't Miss Woods For Trees': Allahabad HC Upholds MoS Ajay Mishra's Acquittal In Murder Case
While upholding the acquittal of Union Minister of State for Home, Ajay Mishra Teni in a 23-year-old Prabhat Gupta Murder Case, the Allahabad High Court said that there was no perversity in the order of acquittal passed by the Trial Court as the lower Court didn't miss the woods for the trees.With this, finding the prosecution's theory to be unconvincing, the bench of Justice Attau Rahman Masoodi and Justice Om Prakash Shukla dismissed UP Govt's appeal against the acquittal order passed by Trial...
