NI Act | Company Can Be Summoned Through Person In-Charge Of Its Affairs, No Separate Summon To The Company Required: Allahabad High Court

The Allahabad High Court has held that a company is juristic person can be summoned through the person in-charge of its affairs and if such a juristic person summoned through the person in-charge, it cannot be said that the company has not been summoned for trial under the Negotiable Instruments Act, 1881.The Court held that once company is also made a party to the proceedings under Section...

Allahabad HC Dismisses Advocate's 'Vexatious' Plea To Initiate Criminal Contempt Case Against Gujarat HC Chief Justice

The Allahabad High Court last week DISMISSED a petition filed by an advocate under Section 15(1)(b) of the Contempt of Courts Act 1971 to initiate criminal contempt proceedings against Justice Sunita Agrawal (former Judge, Allahabad HC; presently, Chief Justice, Gujarat High Court). A bench of Justice Rajiv Gupta and Justice Surendra Singh-I termed the petition...

Allahabad HC Notes 'Trend' Of Filing Of Fresh FIRs Against Accused To Create Grounds For Bail Cancellation

The Allahabad High Court recently noted a 'trend' in which fresh FIRs/complaints are filed against an accused after he has been granted anticipatory/regular bail to create grounds for the cancellation of the bail. A bench of Justice Subhash Vidyarthi observed thus while dealing with a plea filed seeking cancellation of anticipatory bail granted to the accused (by the HC in...

SC/ST Act Being Misused For Financial Gains: Allahabad HC Bats For Pre-FIR Assessment Of Credibility Of Complaints

The Allahabad High Court recently reiterated its concerns over the misuse of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989. The court observed that the 1989Act, which was designed to provide immediate relief to victims of atrocities, is being misused by some individuals to obtain compensation. The Court underscored that the misuse of the 1989 law not...

Civil Court Has Jurisdiction To Entertain Plea For Perpetual Injunction By Tenant In Cases Of Eviction: Allahabad High Court

The Allahabad High Court has held that Civil Courts have the jurisdiction to hear suits for perpetual injunction filed by a tenant against their landlord when it comes to matters of eviction. The Court held that the same would not be barred by the U.P. Regulation of Urban Premises Tenancy Act, 2021.By an order passed on 15.11.2022, the Civil Judge, Rae Bareli dismissed the suit filed by...

Allahabad High Court Directs SRN Hospital Authorities To File Affidavit Regarding Construction Of Separate Duty Rooms For Female Doctors

Recently, the Allahabad High Court has directed the Superintendent-in-Chief, Swaroop Rani Nehru Hospital, Prayagraj to file an affidavit regarding a plan for the construction of separate duty rooms for female doctors in departments where they are not available.Hearing a suo-moto public interest litigation, the division bench of Justice Manoj Kumar Gupta and Justice Manish Kumar Nigam...

LS Polls 2024: Allahabad HC Questions JKP Leader Who Intended To Contest Against PM Modi On 19-Day Delay In Filing Election Plea

The Allahabad High Court on Friday questioned a Janhit Kisan Party (JKP) leader, who intended to contest the Lok Sabha elections 2024 from Varanasi against Prime Minister Narendra Modi, over a 19-day delay in filing an election plea challenging the returning officer's rejection of his nomination form. A bench of Justice Saumitra Dayal Singh granted the election petitioner (Vijay...

[Divorce Law] Parties Staying Separately For Their Jobs Does Not Prove Desertion: Allahabad High Court

Recently, the Allahabad High Court has held that parties staying separately for jobs does not prove desertion.The parties got married in 1999 and had a child in 2000. The husband was posted in Jhansi, whereas the wife was posted in Auraiya. Since the parties were living separately, the appellant-husband filed a suit for restitution of conjugal rights which was decreed ex-parte in 2004. Later...

Allahabad HC Grants Bail To Man Accused Of Making Casteist Remarks Against Ex-President Ram Nath Kovind On FB

The Allahabad High Court on Wednesday granted bail to one Sandeep Tiwari, who has been accused of making certain abusive posts on Facebook against former president of India Ram Nath Kovind. In its order, a bench of Justice Mohd. Faiz Alam Khan emphasised the importance of restraint and respect when discussing individuals holding high constitutional positions, particularly on...

Trial Court Judges Often Convict Accused Despite Clear Grounds For Acquittal To Avoid Action By HC: Allahabad High Court

The Allahabad High Court recently observed that in many cases where the accused deserves clear acquittal, presiding officers in trial court pass a judgment of conviction just because they want to avoid the issuance of notice and action by the High Court. A bench of Justice Siddharth and Justice Syed Qamar Hasan Rizvi made this observation while dealing with certain criminal appeals...

Allahabad High Court Acquits Murder Convict Who Spent Over 7.5 Yrs In Jail, Grants ₹1 Lakh To Him As Compensation

The Allahabad High Court last week acquitted one Hafeez Khan, who had been convicted by the Sessions Court in March 2019 in a murder case of a woman, as it noted that there was absolutely no evidence against him. The Court also granted him Rs. 1 Lakh as a 'token of compensation' for the 'injustice' done to him since he had to spend more than 7.5 years in jail. “Now that this...

IO Can't Be Forced To Get Statement Of A Particular Witness Recorded U/S 183 BNSS: Allahabad High Court

The Allahabad High Court has observed that it is the investigating agency's prerogative to sponsor the witness whose statement they want to record under Section 183 Bharatiya Nagarik Suraksha Sanhita 2023 [Recording of confessions and statements] and that an IO could not be forced to get the statement of any witness recorded under the said provision. Section 183 of BNSS is almost in...