Allahabad High Court Upholds Life Term Of Father, Brother In 'Honour Killing' Of 2 Minor Girls; Relies On Pre- & Post-Crime Conduct

The Allahabad High Court last week affirmed the conviction and life sentence of a father and his son for the 'Honour Killing' of 2 minor girls after finding the appellants' conduct before and after the commission of the crime to be "highly relevant" under Section 8 of the Indian Evidence Act, 1872.A Bench of Justice JJ Munir and Justice Vinai Kumar Dwivedi thus dismissed the criminal appeal...

Allahabad High Court Quashes Govt Teacher's Suspension Over Social Media Posts Alleging Misdeeds By BJP Leader

The Allahabad High Court has quashed the suspension of a government primary school teacher who was suspended for social media posts allegedly highlighting the misdeeds of a BJP leader.A bench of Justice Manju Rani Chauhan said that merely bringing to light an alleged act of wrongdoing, embezzlement or any matter affecting public interest cannot by itself be construed as 'misconduct'.The...

Non-Functional CCTV Cameras, Electricity Backup Facilities In Police Stations Reflect Dereliction Of Duty By SPs: Allahabad High Court

The Allahabad High Court recently observed that non-functional CCTV cameras and backup power facilities, such as generator sets and solar panels, in police stations amount to "dereliction in discharge of duties" by the Superintendent of Police.The bench added that it is the primary duty of the SP, or Senior Superintendent of Police, to ensure that police stations remain fully equipped with...

S. 180 BNSS | Police Must Record Witnesses' Version In Their Own Language, Not Put Inculpatory Leading Questions: Allahabad High Court

The Allahabad High Court has directed the Director General of Police (DGP), Uttar Pradesh, to issue necessary directions to all police officers to ensure that while recording statements under Section 180 BNSS, they do not put inculpatory leading questions to witnesses and instead record the version stated by the witness in his or her own language, except for seeking clarification on...

No Illegal Detention: Allahabad High Court Rejects Husband's Habeas Corpus Plea After Noting Wife Voluntarily Left Matrimonial Home

The Allahabad High Court has held that a husband cannot invoke a writ of habeas corpus where the pleadings themselves indicate that the wife voluntarily left the matrimonial home and no prima facie case of illegal detention is made out.A bench of Justice Subhash Vidyarthi observed that the husband should instead avail the statutory remedy under Section 9 of the Hindu Marriage Act, 1955,...

Disproportionate Assets Case | Mere Reduction In Alleged Excess Assets During Probe No Ground For Discharge: Allahabad High Court

The Allahabad High Court has held that an accused facing prosecution under the Prevention of Corruption Act cannot seek discharge merely because the alleged disproportionate assets were reduced during investigation.It clarified that the mere fact that the discrepancy between income and expenditure was whittled down after investigation, or that such discrepancy constituted only a small fraction...

Notarized Affidavits Accepted: Allahabad High Court Clarifies Litigants Need Not Travel For Photo Verification Before Filing Writ Petitions

The Allahabad High Court has clarified that an affidavit duly notarised anywhere in the country is accepted at the stage of filing a writ petition, and that litigants are not required to travel to the HC benches in Allahabad or Lucknow for photo verification before instituting writ proceedings.A Bench of Justice Alok Mathur and Justice Amitabh Kumar Rai made the clarification while dealing with...

Allahabad High Court Upholds Life Term For Man Who Strangled Live-In Partner, Her Mother & 2 Minor Children In 2009

The Allahabad High Court on Monday upheld the conviction and life sentence awarded to a man for strangulating his live-in partner, her mother and her two minor children to death in Hardoi in 2009.A Bench of Justice Rajesh Singh Chauhan and Justice Abdhesh Kumar Chaudhary found that the prosecution had been successful in establishing the guilt of the accused/appellant beyond the pale of doubt...

Allahabad High Court Says Licensed Gun Can't Be Used For 'Joy Firing'; Licensee Must Maintain Ammunition Records

The Allahabad High Court recently said that a licensed firearm cannot be used for "joy firing" during marriages or religious festivals and that every arms licensee is duty-bound to maintain records of ammunition purchased and its use.Observing that an arms licence is a 'privilege' subject to strict compliance with statutory conditions, the Court refused to interfere with the cancellation of...

Gram Panchayat Population Must Be Determined On Basis Of Last Published Census, Not Actual Head Count As On Date: Allahabad High Court

The Allahabad High Court has held that the expression “population” in Section 11-F of the Uttar Pradesh Panchayat Raj Act, 1947 must be read in terms of its statutory definition, i.e., the figure recorded in the last published census, and not the number of persons actually residing in the area as on date.It held that a Gram Panchayat whose census population has fallen below 1,000 after a...

Allahabad High Court Acquits Husband Sentenced To Life Term For Killing Wife In 1979, Cites 4-Year Delay In FIR

The Allahabad High Court on Thursday acquitted a man who had been sentenced to life imprisonment for the alleged murder of his wife in 1979 after finding that there was an unexplained delay of more than 4 years in lodging the FIR, coupled with contradictory medical evidence regarding the cause of death.Observing that the prosecution had not been able to establish the guilt of the...

Does Anyone Still Call Advocacy A Noble Profession?: Allahabad High Court Orders Perjury Action Against Lawyers For Playing Fraud On Court

In a stern order passed on Thursday, the Allahabad High Court ordered initiation of criminal proceedings for Perjury against 2 lawyers after finding that they had secured a favourable order by "playing fraud on this Court".Making strong observations on the general public perception of the legal profession nowadays, it remarked that the Bar must introspect on "whether anyone other than the...