Allahabad High Court
Allahabad High Court Relies On Victim-Wife's Testimony To Uphold Man's Conviction In 1983 Attempt To Murder Case
The Allahabad High Court last week upheld the conviction and 7-year rigorous imprisonment of a man who shot his wife in February 1983 inside their matrimonial home over an unfulfilled dowry demand for a motorcycle. Dismissing the husband's criminal appeal filed in 1985, the Court relied heavily on the testimony of the injured wife, terming her a "sterling witness" whose evidence was...
S. 482 CrPC Plea Not Maintainable Against NIA Court's Refusal To Discharge Even If State Police Probed Scheduled Offence: Allahabad HC
The Allahabad High Court has ruled that an application under Section 482 CrPC or Section 528 BNSS is not maintainable against an order refusing discharge passed by a Special Court under the National Investigation Agency (NIA) Act, even if the state police investigated the scheduled offenceThe Court held that the remedy against such orders is to file a statutory appeal under Section 21(1) of...
Order XLI Rule 27 CPC Inapplicable In Appeal Against Order Of Temporary Injunction: Allahabad High Court
The Allahabad High Court has held that Order XLI Rule 27 C.P.C., which restricts parties form adducing additional evidence before appellate Courts, is not applicable in appeals against order of temporary injunction by the Trial Court. Referring to Order XLI Rule 27 C.P.C, Justice Subhash Vidyarthi held “the aforesaid Rule applies to filing of additional evidence in appeal, after the...
'Gang' In Western UP Insuring Persons On Deathbed; Police Uncooperative: HDFC Life Submits Before Allahabad High Court
HDFC Life Insurance Company has submitted before the Allahabad High Court that an organised gang is operating in Western Uttar Pradesh, which manages to secure life insurance policies for individuals already on their deathbeds or who have died. The company also submitted that, despite complaints, in most of these cases, the Police do not cooperate by conducting a fair investigation to...
Mutation Cannot Be Allowed Based On Sale Deed Allegedly Executed 45 Years Ago: Allahabad High Court
The Allahabad High Court has held that even though there is no limitation for mutation in revenue records, the same cannot be allowed based on sale deed allegedly executed 45 years ago. Justice Chandra Kumar Rai observed“It is material to mention that mutation application have been filed by the private respondents after more than 45 years on the basis of sale deed alleged to be executed...
Surety For Succession Certificate Not Required Where There Is Sole Heir And No Competing Claims: Allahabad High Court
The Allahabad High Court has held that condition of surety for grant of succession certificate under section 375 of the Indian Succession Act, 1925 cannot be imposed mechanically in all cases. It held that in cases where their is a sole heir or no objection is being raised regarding grant of certificate to one heir, such conditions must not be imposed. Section 372 of the Indian Succession...
Allahabad High Court Suggests Engaging Tech-Savvy Young Lawyers To Boost Digital Efficiency In Govt Advocate Office
To boost digital efficiency, the Allahabad High Court has suggested that the Uttar Pradesh government should engage tech-savvy young advocates and fresh law graduates as honorary Research Associates in the office of the Government Advocate and in the Joint Director, Prosecution, High Court.A bench of Justice Arun Kumar Singh Deshwal made this suggestion, noting that it is the need of the hour...
Delay By Officials No Ground To Reject Farmer Welfare Claim; Indifference To Beneficiary's Plight Unsustainable: Allahabad High Court
While dealing with a case of financial assistance being sought by a deceased farmer's family in the schemes enacted by the State Government, the Allahabad High Court observed that making the widow of the farmer approach the Court multiple times to get such assistance under a welfare scheme due to inaction on part of the authorities cannot be sustained. The bench of Justice Ajit Kumar and...
Senior Citizens Act Can't Be Invoked To Decide Property Ownership/ Title Disputes: Allahabad High Court
The Allahabad High Court has reiterated that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and the Rules made thereunder cannot be invoked to title and ownership disputes between third parties who are not related to the senior citizens. It held that the Act is for the maintenance and protection of senior citizens by those who will inherit their property, not for...
Allahabad High Court Seeks Trial Judge's Explanation For Failing To Discuss Victim's Injury Report In POCSO Acquittal Judgment
The Allahabad High Court earlier this week took strong exception to a trial court judge's failure to mention and discuss the injuries sustained by the minor victim in the judgment that ultimately acquitted the accused in a POCSO Act case.Taking serious note of this lapse, the Court has called for an explanation from the Presiding Officer over the failure to consider the medico-legal...
Railways Liable To Pay Compensation For Loss Of 'Unborn' Child Aged 5 Months Or More In An Accident: Allahabad High Court
The Allahabad High Court has ruled that an unborn child aged five months or more in the mother's womb is treated as equal to a child in existence and the Railway would be liable to pay separate compensation for the accidental death of such an unborn child, distinct from the compensation awarded for the death of the mother. A bench of Justice Prashant Kumar thus allowed an appeal...
British Citizenship Row | Allahabad High Court Peruses Record Of MHA's 2019 Notice To Rahul Gandhi; Allows Impleadment Of GoI
The Allahabad High Court (Lucknow Bench) on Thursday perused the official records produced by the Ministry of Home Affairs (MHA) concerning a notice issued to Congress leader and LoP in Lok Sabha, Rahul Gandhi, in 2019, seeking clarification regarding his nationality.The records were placed before a bench of Justice Rajeev Singh in compliance with an earlier order dated March 9, 2026....