Allahabad HC Questions Gang-Rape Accused On Aadhaar Application As Muslim After Converting To 'Sanatan', Denies Relief

The Allahabad High Court recently denied relief to a man (Arif Hussain @ Sonu Singh) who has been accused of enticing away a Hindu woman (informant), raping her after concealing his real name and religion, and after that, forcing her to get married to him. Though it was the case of the accused that he adopted 'Sanatan Dharma' 15 years ago while marrying the victim in an Arya Samaj...

'Bald Allegations': Allahabad HC Imposes ₹20K Cost On Woman Who Sought Bail Cancellation Of Husband Accused Of Raping Daughter

The Allahabad High Court recently rejected a woman's plea seeking cancellation of bail granted to her husband, who she has accused of raping their minor daughter. A bench of Justice Pankaj Bhatia also imposed a cost of Rs. 20K on her as it prima facie noted that in the order granting bail to her husband/accused, the lower court had observed that the allegations levelled by...

State Can't Refuse Care, Adequate Medical Facilities To Undertrial Prisoners On Any Grounds: Allahabad High Court

The Allahabad High Court recently observed that the State could not, by any stretch, decline to provide an accused under custody with adequate medical facilities on any ground. A bench of Justice Samit Gopal emphasised that providing care and medical facilities to an under trial during illness is also the responsibility of the State, which it cannot escape. The single...

Maintenance Dispute | 'Matru Devo Bhava': Allahabad HC Directs Daughter To Pay 25% Of Hospitalised Mother's Medical Bills

The Allahabad High Court recently directed a daughter, who expressed her willingness to settle a maintenance dispute with her mother, to pay at least 25% of the current outstanding medical expenses for her mother, who is currently hospitalized. Referring to a Doha of Rahim and the teachings of the Taittiriya Upanishad, a bench of Justice Saurabh Shyam Shamshery...

Second FIR Permissible For Same Incident With Different Version Of Evidence: Allahabad High Court

The Allahabad High Court has observed that a second FIR for the same incident is permissible where there is a different version of evidence and discovery is made on the factual foundation. A bench of Justice Manju Rani Chauhan observed this while relying upon the Top Court's judgment in Nirmal Singh Kahlon v. State of Punjab 2008. In the Nirmal Singh case (supra), referring to...

Petition Under Article 227 Not Maintainable Against Orders Of Tribunal When Remedies U/S 34 & 37 Of Arbitration Act Are Available: Allahabad HC

The Allahabad High Court Lucknow Bench of Justice Subahsh Vidyarthi observed that petition filed under Article 227 of the Constitution of India challenging the order passed by the Arbitral Tribunal directing the petitioners to provide a copy of the contract between the parties and the final bill to the claimant, cannot be entertained. In the present case, a petition under Article 227 of...

GST Fraud | Benefit Of S. 437 CrPC Can't Be Given To Women Who Are 'Powerful' & When Offence Affects Public At Large: Allahabad HC

The Allahabad High Court recently denied bail to a mother-son duo who are accused of creating several fake companies on paper (by collecting citizens' PAN and Aadhaar card details) to fraudulently claim input tax credit (ITC) and thereby cause the government massive losses. A bench of Justice Manju Rani Chauhan observed that bail could be denied in cases relating to economic offences...

Proceedings U/S 498A IPC By Second Wife Are Not Maintainable, Reiterates Allahabad High Court

The Allahabad High Court has reiterated that proceedings under Section 498-A (for the offence of cruelty) of the IPC by the second wife are not maintainable. A bench of Justice Anish Kumar Gupta observed thus while relying upon the Top Court's rulings in the cases of Shivcharan Lal Verma v. State of M.P 2002, Shivakumar and others Vs. State and Allahabad High Court's recent decision...

Second Application U/S 125 CrPC Is Maintainable Even If First Plea Was Dismissed Sans Liberty To File Afresh: Allahabad HC

The Allahabad High Court has observed that a second application seeking maintenance under Section 125 of CrPC would be maintainable even though the first plea was dismissed without providing the liberty to file fresh. A bench of Justice Saurabh Lavani also added that a man's refusal to support his wife and children, whom he is bound to support under the law, would be covered under...

Long-Standing Consensual Adulterous Physical Relationship Doesn't Amount To Rape: Allahabad High Court

The Allahabad High Court recently observed that a long-standing consensual adulterous physical relationship wouldn't amount to rape within the meaning of Section 375 IPC. A bench of Justice Anish Kumar Gupta observed this while quashing entire criminal proceedings against a man who had been accused of raping a woman on the pretext of a promise to marry her. The Court noted that...

[S.74 GST Act] Adjudicating Authority Must Record Prima Facie Satisfaction Regarding Assessee Wrongfully Obtaining Input Tax Credit: Allahabad HC

The Allahabad High Court has held that for initiating proceedings under Section 74 of the Goods and Service Tax Act, 2017, it is necessary for the adjudicating authority to record prima facie satisfaction regarding the assessee having wrongfully availed input tax credit (ITC) by fraud, willful misstatement or suppression of facts. The Court held that once the proceedings under Section...

Allahabad HC Refrains From Making Adverse Remarks Against 'Young' Magistrate, Orders Inquiry Against His Staff For Uploading 2 Unsinged Order Drafts

While refraining to pass adverse orders against a young magistrate, the Allahabad High Court ordered inquiry against his staff for uploading two copies of draft unsigned order on the website.Applicant approached the High Court against the order passed by the Additional Chief Judicial Magistrate, Ghaziabad in the defamation suit filed by the opposite party, one Ankur Garg. Other than arguments...