Allahabad High Court
Where Will Spouses Go To Satisfy Their Sexual Urges If Not To Each Other In A Morally Civilized Society: Allahabad High Court
Recently, while dealing with allegations regarding assault due to unmet demands of dowry, the Allahabad High Court observed that the allegation in the FIR against the husband arose from sexual incompatibility between the parties rather than any actual demand for dowry.“If man would not demand sexual favour from his own wife and vice-versa, where they will go to satisfy their physical...
Ayodhya Minor Gangrape Case | 'He May Adversely Affect Trial': Allahabad High Court Denies Bail To SP Leader
The Allahabad High Court last week rejected the bail plea of Samajwadi Party leader Moid Ahmad in connection with the case of an alleged gang-rape of a minor girl in UP's Ayodhya in which Ahmad and his helper, Raju Khan, have been named as accused. A bench of Justice Pankaj Bhatia noted that although the FSL report on record confirms the paternity of the fetus with the co-accused and...
S. 156 (3) CrPC | Magistrate Can't Refuse Direction To Lodge FIR Merely Because Facts Are In Applicant's Knowledge: Allahabad HC
The Allahabad High Court has observed that merely because the facts of an alleged crime are in the knowledge of the applicant, who moves an application under Section 156 (3) CrPC, a magistrate can't refuse a direction to the Police to lodge an FIR. A bench of Justice Manju Rani Chauhan added that the gravity/seriousness of the offence, the requirement of the evidence to launch...
'They Resided Together As Husband-Wife': Allahabad HC Denies Relief To Man Charged With Dowry Death Of 'Live-In' Partner
The Allahabad High Court recently endorsed the view that to attract provisions of Sections 304-B (Dowry Death) and 498-A of IPC (Husband or relative of husband of a woman subjecting her to cruelty), it is sufficient to show that the victim woman and accused husband were residing as husband and wife at the relevant point of time. A bench of Justice Raj Beer Singh observed thus...
'Kalyugi Bharat': Allahabad High Court Rebukes Man For Filing Criminal Case Against Elder Brother To 'Wreak Vengeance'
The Allahabad High Court recently criticised a man for filing a criminal case against his elder brother (regarding a dispute that was essentially civil in nature) solely to harass him and seek vengeance. Calling the younger brother/complainant a 'Kalyugi Bharat' (कलयुगी भरत), a bench of Justice Saurabh Shyam Shamshery quashed the entire case proceedings as...
Marriage Prospects Of Girl Damaged Due To 100% Disability After Accident: Allahabad HC Enhances Compensation By Rs. 22 Lakh After 17 Yrs
Enhancing the compensation from Rs.1,08,875 to Rs.23,69,971, the Allahabad High Court while dealing with a 17-year-old plea observed that the 100% disability of the claimant/appellant–who was a minor at the time, had substantially damaged her marriage prospects subjecting her to frustration and depression.A single judge bench of Justice Vipin Chandra Dixit while awarding Rs. 3 lakhs...
Trial Court Records Missing: Allahabad High Court Acquits Man In 1982 Case
The Allahabad High Court recently acquitted the sole surviving appellant/accused in a 42-year-old case after it received a report from the District Judge, Ballia, that the entire record of the case had been weeded out and the reconstruction of the same was impossible. A bench of Justice Nalin Kumar Srivastava passed this order while hearing an appeal filed by Shri Ram Singh against...
Central Administrative Tribunal Is A Substitute For Civil Court While Adjudicating Service Dispute: Allahabad High Court
Recently, the Allahabad High Court observed that Central Administrative Tribunals are substitutes to Civil Courts as the jurisdiction earlier vested in Civil Courts was transferred to Tribunals who have the same powers and procedures as that prescribed for the Civil Court.The bench of Justice Rajan Roy and Justice Om Prakash Shukla held,“Prior to constitution of the Central...
S. 188 CrPC | CBI Requires Only Centre's Nod To Probe Crimes Abroad Committed By Indians, State's Consent Not Needed: Allahabad HC
The Allahabad High Court has held that the Central Bureau of Investigation (CBI) is not required to seek the consent of the State Government under Section 6 of the Delhi Special Police Establishment (DSPE) Act 1946 to investigate an offence committed outside the country by an Indian citizen; in such cases, only the sanction of the Central Government is required. A bench of...
Allahabad High Court Acquits Murder Convict Who Spent 17 Years In Jail By According Benefit Of Doubt
The Allahabad High Court last week acquitted a man convicted for the offence of murder by a Sessions Court in May 2013 and sentenced to life imprisonment, as it noted that there were material contradictions in the statement of the informant and the eye-witness. The acquittal has been granted based on the benefit of the doubt. A bench of Justice Arvind Singh Sangwan and Justice Mohd...
Application For Registration Of Real Estate Project Deemed To Be Approved If No Decision Taken By RERA In 30 Days: Allahabad High Court Grants Relief To L&T
The Allahabad High Court has held that the 30-day period prescribed under Section 5(2) of the Real Estate (Regulation and Development) Act, 2016 for deciding applications for registration of real estate projects is mandatory in nature as upon failure to accept or reject the application within 30 days, the project shall be deemed to be registered.Section 4 of the Real Estate (Regulation...
Can't Deny 'Saqlain Miyan' Followers To Observe 'Urs' Just Because It Coincides With 'Navaratri': Allahabad HC Sets Aside Bareilly Admin's Order
In a special sitting of Allahabad High Court on Saturday, a bench of Justices Saumitra Dayal Singh and Vipin Chandra Dixit set aside an order of the district administration, Bareilly denying permission to the followers of a Sufi scholar to observe 'Urs' on 8th and 9th October 2024. The court was essentially dealing with a plea filed by Aastan-E-Aaliyah Saqlainiya Sharafatiya and...