Allahabad High Court
Allahabad High Court Restores Tata Projects' ₹940-Crore Highway Contract, Says NHAI Termination Was 'Pre-Determined'
While granting relief to Tata Projects Limited, the Allahabad High Court has held that the National Highways Authority of India, being “State” under Article 12 of the Constitution, cannot arbitrarily terminate a highway construction contract mid-term and fasten the contractor with liability for delay when the delay was caused by the Authority's own failure to hand over encumbrance-free land with a clear right of way, as it was bound to do under the contract.Justice Ajit Kumar and Justice...
'Rape Is A Legal Conclusion, Not A Medical Condition': Allahabad High Court Relies On Victim's Sole Testimony To Uphold 1985 Conviction
Noting that the offence of rape is a legal conclusion and not a medical one, the Allahabad High Court on Thursday confirmed the conviction of a man in connection with a 1983 rape case. The Court clarified that if the testimony of a prosecutrix is free from any basic infirmity, it is sufficient to sustain a conviction even if the medical evidence doesn't strictly corroborate the prosecution's case. A bench of Justice Sanjiv Kumar thus dismissed a criminal appeal filed by one Veer...
S. 125 CrPC | Strict Proof Of Marriage Not Required If Cohabitation As Husband & Wife Is Established: Allahabad High Court
The Allahabad High Court has observed that where a man and a woman have lived together as husband and wife and the relationship is otherwise established, strict proof of a valid marriage should not be insisted upon so as to defeat a claim under Section 125 CrPC. Referring to the Supreme Court's 2014 decision in Badshah vs Urmila Badshah Godse & Anr, a bench of Justice Achal Sachdev stressed that a purposive and socially contextual approach must be adopted while dealing with...
Allahabad High Court Stays Arrest Of Man Booked For FB Post Saying 'Govt-Recognized Terrorists In Saffron' Creating Chaos
The Allahabad High Court on Friday stayed the arrest of a man booked in Saharanpur for allegedly attempting to disrupt communal harmony through a Facebook post stating that "government-recognised terrorists in saffron colour" are creating chaos. A bench of Justice Ajay Bhanot and Justice Divesh Chandra Samant granted interim protection to the petitioner (Mushahid Gada) after he claimed his social media account had been hacked. Briefly put, the FIR was registered in July last year...
Will Be 'Spoiled' By Mother: Allahabad High Court Gives Father Temporary Custody Of 5-Y/O Girl 'Tutored' To Accuse Him Of Sexual Abuse
The Allahabad High Court on Thursday temporarily transferred the custody of a 5-year-old girl to her father, observing that continuing in her mother's custody would mean she will certainly be 'spoiled'. The Court found that the minor was being used as a 'pawn' in a matrimonial dispute and had been "heavily tutored" by the mother to make sexual abuse allegations against...
'In Teeth Of Division Bench Verdict': High Court Questions UP Govt Over Appointing Gram Pradhans As Administrators Beyond 5-Yr Term
The Allahabad High Court (Lucknow Bench) has strongly questioned the Uttar Pradesh government over its decision to appoint Gram Pradhans as 'Administrators' of Panchayats following the expiry of their constitutional 5-year tenure. Taking serious note of the State's actions under Section 12(3-A) of the U.P. Panchayat Raj Act, 1947, a bench of Justice Rajan Roy and Justice...
Specific Performance Relief Mandatory After 2018 Amendment, Court Bound To Enforce Registered Agreement To Sell: Allahabad High Court
The Allahabad High Court has held that after the amendment to the Specific Relief Act, 1963 with effect from October 1, 2018, the grant of specific performance of a contract is no longer discretionary and courts are bound to enforce it, subject to Sections 11(2), 14 and 16 of the Act. Holding that the amended provisions govern agreements executed after that date, the Court upheld a...
'Vague Averments': Allahabad High Court Refuses To Entertain PIL Alleging 'Arbitrary' Removal Of Ali Khamenei Portraits By UP Police
The Allahabad High Court (Lucknow Bench) on Tuesday refused to entertain a Public Interest Litigation (PIL) petition filed by a body of Shia scholars challenging the alleged 'arbitrary' police action of removing portraits of recognized Iranian leaders. The PIL petition was filed by Majlis Ulema-E-Hind, through its General Secretary, Maulana Syed Kalbe Jawad Naqvi, seeking to restrain...
S. 437(6) CrPC Doesn't Grant Indefeasible Right To Bail: Allahabad High Court Refuses Relief To Man Accused Of Harbouring ISI Agent
Incarcerated since 2015, the accused allegedly harboured a Pakistani ISI agent for 20 months and facilitated the transmission of classified Indian military data to Pakistan. The trial remains pending at the evidence stage, with not a single prosecution witness examined so far.
'Exposing Minors To Sexual Grooming': Allahabad High Court Issues Notices On PIL Seeking Ban On 'Roblox', Other Gaming Platforms
The Allahabad High Court (Lucknow Bench) has issued notices on a Public Interest Litigation (PIL) petition seeking directions to ban minors' access to the online gaming platform 'ROBLOX' and similar other virtual platforms. A bench comprising Justice Rajan Roy and Justice Manjive Shukla passed the order on a petition filed by Rani Singh, a practising lawyer of the High Court, who...
Voter Can't Claim Right To Vote For General Category Candidate By Seeking De-Reservation Of Constituency: Allahabad High Court
While upholding the validity of Section 9(1)(c) of the Delimitation Act, 2002, the Allahabad High Court has held that a voter cannot claim right to vote for general category candidate by seeking de-reservation of constituency. The bench of Justice Alok Mathur and Justice Amitabh Kumar Rai held,“The right to vote does not imply that a voter can dictate the terms of allotment of a constituency...