Allahabad HC Grants Bail To Man In FIR By Bajrang Dal Member For Alleged Abduction Of Minor Girl Of Different Religion

The Allahabad High Court last week granted bail to one Javed Alam, who was booked in an FIR lodged by a Bajrang Dal member accusing him of abducting a Hindu minor girl and having physical relations with her. A bench of Justice Sameer Jain noted that in her Section 161 and 164 CrPC statements, the victim girl stated that she was more than 17 years of age when the FIR was lodged and...

UP Panchayat Raj Act | Not Every Error In Gram Panchayat Inventory Purchase Bill Justifies Removal Of Pradhan: Allahabad HC

The Allahabad High Court has ruled that every error in a Gram Panchayat's inventory purchase bill cannot be grounds for proceeding against the Gram Pradhan under the UP Panchayat Raj Act 1947, specifically when such an error does not result in any property loss. “It is to be seen that Gram Pradhan is an elected member of the Gram Panchayat and his removal from the office of the...

Accused's Counsel Can't Directly Contact Probe Agencies/IOs Sans Court Permission: Allahabad HC Objects To Lawyers' Mails To ED

Today, the Allahabad High Court took exception to the actions of the accused's counsels, who had sent emails to Enforcement Directorate officers requesting them to file a counter affidavit, as directed by the court, in a case involving their client. Noting that counsels' sending emails directly to the Investigating Officer was not proper and could not be appreciated, a bench of...

2022 Arson Case | Allahabad High Court Grants Bail To Disqualified SP MLA Irfan Solanki, Refuses To Stay Conviction

The Allahabad High Court on Thursday granted bail to Irfan Solanki, a now disqualified MLA of the Samajwadi Party, in a 2022 house arson case in which he was sentenced by a Special Court in Kanpur to seven years' rigorous imprisonment in June this year. However, a bench of Justice Rajiv Gupta and Justice Surendra Singh refused to stay his conviction, clearing the way for the...

Court's Declaration Of Civil Death U/S 108 Evidence Act Wouldn't Lead To A Presumption About Date & Time Of Death: Allahabad HC

The Allahabad High Court has observed that a civil court's declaration of civil death of a person under Section 108 of the Indian Evidence Act, 1872, would not lead to a presumption about the date and time of his death. A bench of Justice Rajan Roy and Justice Om Prakash Shukla further observed that the presumption of Section 108 is not the only mechanism for declaring death and that...

[GST] Penalty Can't Be Imposed On Goods In Transit With Tax Invoice & E-Way Bill, Citing Subsequent Suspension Of Registration: Allahabad HC

The Allahabad High Court has set aside the demand and penalty order passed under Section 129 of the Central Goods and Services Tax Act 2017 against a trader whose GST registration came to be suspended, after it found that the goods in transit were accompanied with proper tax invoice and e-way bill. A division bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar relied...

Instruct IOs To Ensure Compliance Of Mandatory Safeguards Concerning Recoveries U/S 27 Evidence Act: Allahabad HC To UP DGP

The Allahabad High Court recently directed the State DGP to issue directives to investigating authorities to ensure they comply with the mandatory safeguards relating to recoveries to be read in evidence under Section 27. Expressing concerns over courts frequently discarding prosecution cases due to IOs' lapses in following legal procedures during evidence recovery, a bench of...

S. 13 (1) (iii) HMA | Spouse's 'Schizophrenia' Alone Not Sufficient For Divorce, Requisite Degree Of Mental Disorder Must Be Proved: Allahabad HC

The Allahabad High Court has recently observed that the ground of a spouse suffering from schizophrenia, by itself, is not sufficient for the grant of a decree of divorce under Section 13(1) (iii) of the Hindu Marriage Act 1955 as it must be proven that the 'mental disorder' if of such a kind and degree that a spouse cannot reasonably be expected to live with partner. Noting that...

Probes Pending For Years: Allahabad HC Questions UP Police's Economic Offences Wing Over Slackness, Seeks DG's Affidavit

In a stern rebuke to the Uttar Pradesh Police's Economic Offences Wing (EOW), the Allahabad High Court last week expressed its concerns over the prolonged delay in investigating several cases being handled by the EOW. A bench of Justice Samit Gopal criticised the EOW for its apparent "slackness" in handling critical economic offences, as it noted that in matters being investigated by...

Allahabad High Court Cautions Bar Members Against Actions That Could Tarnish Judges' Image In The Eyes Of Public

The Allahabad High Court recently observed that members of the Bar should be more responsible when their actions may malign or, to some extent, question a judge's image in the eyes of the public at large. The Court added that the advocates should not act in a manner which gives the public an occasion to say that HIGH COURT JUDGES ARE NOW DECIDING CASES WHICH THEY WERE PURSUING FOR...

Lakhimpur Kheri Violence | Their Case Stands On Better Footing Than That Of Ashish Mishra: Allahabad HC Grants Bail To 12 Accused

The Allahabad High Court on Monday granted bail to 12 accused in the Lakhimpur Kheri violence incident related to the killings of five persons in October 2021, noting that their case is on a better footing than the case of Ashish Mishra, who was granted bail by Top Court in July this year. The court also factored in that there is a cross-version to the present case, the Supreme Court...

Dispute Referral By State Government To Central Labour Tribunal Valid Only When Authorized By Central Government: Allahabad HC

Allahabad High Court: A single bench of Justice Subhash Vidyarthi declared that the canteen workers of Hindustan Aeronautics Ltd. (HAL) were direct employees of the company, despite the existence of a contract with a third-party canteen operator. However, the court ruled that the question of whether the contract between HAL and the canteen operator was a “sham” was beyond the...