Direct Transmission Of Bail Orders; Immediate Release Of Prisoners: Allahabad High Court Issues Directions For Timely Release After Bail

In a significant order aimed at ensuring that no person remains in jail after being granted bail, the Allahabad High Court on Tuesday issued comprehensive directions for the direct electronic transmission of bail orders and immediate release of prisoners through the Bail Order Management System (BOMS) in spirit with the Supreme Court's 2023 verdict In Re Policy Strategy for Grant...

Passport Can Be Issued Only For 1 Year If Court Permitting Travel Abroad Doesn't Specify Duration : Allahabad High Court

The Allahabad High Court has recently observed that if a competent criminal court grants a No Objection Certificate (NOC) or permission to travel abroad without specifying the duration for which the passport may be issued, the passport authority is justified in granting a passport valid for only one year. A bench of Justice Ajit Kumar and Justice Swarupama Chaturvedi observed...

State Must Be Impleaded As Necessary Party In Consolidation Proceedings Involving 'Gaon Sabha' Land: Allahabad High Court

The Allahabad High Court has ruled that the State Government is a 'necessary party' in all consolidation matters concerning Gaon Sabha lands and properties, especially where such lands fall under the category of public utility lands like cremation grounds under Section 77(1)(H) of the UP-Revenue Code, 2006. A bench of Justice Siddharth Nandan held thus: "…once the area is...

Officials Seeking Brownie Points : Allahabad High Court Awards ₹50K Compensation To Man Jailed For 1.5 Months Over 'False' Anti-Conversion Law FIR

In a sharp indictment of official overreach, the Allahabad High Court recently quashed an FIR registered 5 persons under UP Prohibition of Unlawful Conversion of Religion Act, 2021 and the BNS as it observed that the case represented a "glaring example of the State authorities falling and scrambling over each other in order to score brownie points". A Bench of Justice Abdul Moin...

Suit Filed Before SC's Patil Automation Judgment Can't Be Returned For Non-Compliance Of S.12-A Commercial Court Act: Allahabad High Court

Recently, the Allahabad High Court has held that a commercial court instituted prior to the Supreme Court's judgment in Patil Automation Private Limited and others Vs. Rakheja Engineers Private Limited cannot be returned for non-compliance of Section 12-A of the Commercial Court Act, 2015.It held that the mandate in the judgment regarding compulsory per-institution mediation and settlement as...

Interest Of Homebuyers Paramount In Insolvency Process Of Real Estate Company: Allahabad High Court

The Allahabad High Court has held that the interest of the homebuyers is paramount in an insolvency resolution process of a real estate company as it directly impacts their rights and interests.Justice Arun Kumar held“In an insolvency resolution process of a real estate company the primary concern is the interest of a homebuyer in the real estate project. The homebuyers are vital...

Ex-MLA's Statue Installed On Govt Land? Allahabad High Court Registers Suo Moto PIL, Seeks Removal Plan For Illegal Structures

The Allahabad High Court in September this year registered a suo motu Public Interest Litigation (PIL) of the recurring issue of statues being installed on government land illegally without sanction. A Division Bench of Justice Rajan Roy and Justice Prashant Kumar bench essentially converted a petition concerning the statue of Ex-MLA Indrabhadra Singh (Dhanpatganj, Sultanpur) into a...

Frame Solid Policy To Ensure Teachers' Regular Attendance In Rural Schools; Record Their Presence Digitally: Allahabad High Court To UP Govt

In continuation of its earlier directions aimed at ensuring teachers' regular presence in rural primary and junior schools, the Allahabad High Court on October 30 reiterated that the Uttar Pradesh Government must come out with a 'solid' solution ensuring attendance of the teacher in the institution where the children of poor villagers are studying. A bench of Justice Praveen Kumar...

Police Can Order Bank Account Freeze If Suspicious Dealings Found In Probe, Party Can Approach Magistrate For Relief: Allahabad High Court

The Allahabad High Court has held that police can direct freeze of bank accounts if it finds suspicious transactions during investigation and the affected party has the remedy to approach the Magistrate concerned for defreezing of account after investigation is concluded.Referring to the judgment of the Apex Court in Teesta Atul Setalvad vs. The State of Gujarat (2018), a division bench...

Acharya's Role A Traditional Duty, Not Employment: Allahabad High Court Allows Padma Awardee To Continue Rituals At Kashi Vishwanath Temple

The Allahabad High Court recently set aside the 25-year-old order of the Kashi Vishwanath Temple Trust CEO that had terminated the engagement of Padma Vibhushan and Padma Shri awardee Professor Dr. Devi Prasad Dwivedi as Acharya at the Temple. A bench of Justice Saurabh Shyam Shamshery, while deciding the writ petition filed in 2000, held that the "position of Acharya is a...

JJ Act | Juvenile's Conviction Not To Be Treated As Disqualification For Appointment In Services: Allahabad High Court

Placing reliance on erstwhile Section 19 of the Juvenile Justice (Care and Protection of Children) Act, 2000 which is almost identical to Section 24 of the Juvenile Justice (Care and Protection of Children) Act, 2015, the Allahabad High Court has held that juvenile's conviction under the Act is not to be treated as disqualification for appointment in services.Section 19 of the Juvenile...

O. XXI R. 10 & 11(2) CPC | Power Of Attorney Holder Can Sign Execution Plea If Acquainted With Case Facts: Allahabad High Court

Interpreting Order XXI Rules 10 & 11(2) of CPC, the Allahabad High Court recently held that a Power of Attorney holder can validly sign and verify an execution application if he is proved to the satisfaction of the Court to be acquainted with the facts of the case. A bench of Justice Rohit Ranjan Agarwal held so while dismissing a petition challenging the maintainability of...