Criminal Prosecution On Same Allegations Can't Continue If Accused Exonerated In Departmental Proceedings: Allahabad HC

The Allahabad High Court has reiterated that if an accused has been exonerated and held innocent in the disciplinary proceedings after the allegations are found to be unsustainable, then the criminal prosecution premised on the same/identical set of accusations cannot be permitted to continue. A bench of Justice Saurabh Lavania reasoned that the standard of proceedings in criminal cases...

Allahabad HC Temporarily Restrains Ex-IPS Officer, His Wife From Making 'Defamatory' Posts Against UP CM Advisor

The Allahabad High Court on Friday temporarily restrained former Indian Police Service officer and political activist Amitabh Thakur and his wife, Nutan Thakur, from publishing any information, videos, or content that could harm the reputation of Awanish Kumar Awasthi, a former Indian Administrative Service officer and chief advisor to State's Chief Minister Yogi Adityanath. A bench...

Bulandshahr Moving Car Gang-Rape, Murder | 'Not Rarest Of Rare Case': Allahabad HC Commutes Death Sentence Of 3 To 25-Yr Jail Sans Remission

The Allahabad High Court on Friday commuted the death penalty imposed upon three men to 25 years of imprisonment without remission for the gang rape and murder of a 17-year-old (offence committed in January 2018 in the Bulandshahr district of the state). A bench of Justice Arvind Singh Sangwan and Justice Mohd. Azhar Husain Idrisi noted that it was not a 'rarest of the rare' case where...

Conviction Can't Be Made Based On Dying Declaration Where Scribe/Translator Was Not Examined By Prosecution: Allahabad High Court

The Allahabad High Court has held that the dying declaration of the deceased cannot be taken as the sole evidence for convicting accused in absence of any examination of the scribe who had taken down the statement as it prejudiced the rights of the accused.Setting aside the conviction order, the bench of Justice Ashwani Kumar Mishra and Justice Dr. Gautam Chowdhary held that since the scribe...

Stamp Duty Inapplicable On Family Members Who Ceased To Be Co-Sharers In Property Prior To Executing Partition Memo: Allahabad High Court

The Allahabad High Court has recently observed held that if family members looking to partition their property/land, cease to be co-sharers prior to the execution of the partition document, then the stamp duty levied under Section 2 (15) of the Indian Stamp Act is inapplicable on them. Referring to the provision a single judge bench of Justice Piyush Agrawal in its order said:“From bare...

Allahabad High Court Weekly Round-Up: September 23 To September 29, 2024

NOMINAL INDEX Vihari And 2 Others vs. State of U.P. and Another 2024 LiveLaw (AB) 589 Rabiya vs. State Of U.P. Thru. Prin. Secy. Home Lko. And Another 2024 LiveLaw (AB) 590 Arun Mishra vs. Honble Mrs Justice Sunita Agrawal, The Then Puine Judge Of This High Court Of Judicature At Allahabad 2024 LiveLaw (AB) 591 Kishore Shankar Signapurkar v. State Of U.P. And Anr...

RP Act 1951 | High Court Has No Power To Extend Limitation Period Or Condone Delay In Filing Of Election Petition: Allahabad HC

The Allahabad High Court has observed that under the Representation of the People Act, 1951, it does not possess the power to extend the limitation period or condone delays in filing election petitions.A bench of Justice Samit Gopal also said that the 1951 Act is a code in itself and thus, the Limitation Act, 1963 provisions do not apply to election petitions, and the filing/presentation...

Medical Board's Opinion On Age Only An Estimation, Not Accurate: Allahabad HC Grants Relief To Class 6 Girl Denied Admission For Being 'Overage'

The Allahabad High Court recently set aside an order which had upheld a school's decision to deny admission to a female student in class 6 based on a report which allegedly indicated that she was about 15 years. Noting the authenticity of the student's birth certificate which was questioned by the school to deny admission, the court said that subjecting the student to medical examination...

Application U/S. 34 Of The Arbitration & Conciliation Act Not To Be Dismissed For Non-filing Of Certified Copy Of Arbitral Award If Explanation Provided: Allahabad High Court

The Allahabad High Court bench, comprising Chief Justice Arun Bhansali and Justice Vikas Budhwar has observed that if a certified/signed copy of the award cannot be obtained and filed with an application under Section 34 of the Arbitration and Conciliation Act, 1966, filing a copy of the award along with an explanation would be an appropriate exercise.Background FactsThe appellant filed...

[S. 3(3) Of Interest Act, 1978] Interest Is Payable Only On Principal Sum Not On Interest Awarded By Court: Allahabad High Court

The Allahabad High Court has held that under Section 3(3) of The Interest Act, 1978 interest cannot be imposed on interest award, it is only payable on the principal sum.Advocate Bal Mukund, respondent no. 3, applied for registration in MIG 45/75 type house under Dev Prayagam Scheme of U.P. Awas Evam Vikas Parishad, Allahabad. Rs. 20,000 was deposited as registration amount. Thereafter, he...

After Completing 15 Yrs Service, Employee Can't Be Held Liable For Procedural Lapses In Appointment On Part Of Nagar Nigam: Allahabad HC

The Allahabad High Court has held that the part-time teachers who possess requisite qualifications cannot be denied benefit of the services after 15-16 years of service because of procedural lapses on part of the Nagar Nigam in following in appointment of such-teachers.“Once the candidates had requisite qualification and were selected by the duly constituted Selection Committee,...

Civil Judge Has No Jurisdiction To Entertain Suit Filed U/S 92 CPC Or Under Section 2 Of Religious Endowment Act, 1863: Allahabad High Court

The Allahabad High Court has held that a Civil Judge does not have jurisdiction to entertain a suit filed under Section 92, C.P.C. or under the Religious Endowment Act, 1863.Justice Subhash Vidyarthi held that,“a Suit under Section 92 C.P.C. and Section 2 of the Religious Endowments Act, 1863 in the State of Uttar Pradesh can only be filed in the Court of the Principal Civil Court of...