Allahabad High Court
JJ Rules | Regular FIR Can't Be Lodged Against Juveniles For 'Serious Offences': Allahabad High Court Quashes FIR Against 2 Minors
The Allahabad High Court has observed that registration of a regular First Information Report (FIR) against Juveniles for "serious offences" is impermissible as per Rule 8 of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016.The Court thus quashed the entire criminal proceedings initiated against two juveniles for the alleged offenses of 'Aggravated Criminal...
Allahabad High Court Directs UP Panchayat Elections Within 3 Months Under Existing 27% OBC Quota, Says Commission Inquiry Can't Delay Polls
The Allahabad High Court has directed the Uttar Pradesh Government and the State Election Commission (SEC) to complete Panchayat elections in the State within 3 months under the existing reservation arrangement, including 27 % reservation for Other Backward Classes (OBCs).The bench said the polls cannot be delayed pending the Dedicated Backward Classes Commission's inquiry, report or the...
Execution Not A Nullity Merely Because Name Of Deceased Joint Decree-Holder Figures In Execution Application: Allahabad High Court
The Allahabad High Court has held that an execution proceeding is not rendered a nullity merely because the name of a joint decree-holder who had died before its institution continued to be shown in the execution application, where the execution was invoked by a surviving joint decree-holder competent to execute the whole decree.Order XXI Rule 15 of the Code of Civil Procedure permits any one...
'Sordid State Of Affairs': Allahabad High Court Says UP Police Are A 'Law Unto Themselves', Declares Man's Detention Unlawful
The Allahabad High Court has once again criticized the Uttar Pradesh Police over the unlawful detention of a man before his formal arrest, observing that the police appeared to be acting as a "law unto themselves". A Bench of Justice Atul Sreedharan and Justice Achal Sachdev allowed a habeas corpus petition filed by a man while holding his detention in police custody to be 'unlawful'. The...
Writ Petition Not Maintainable Once Statutory Revision Against Same Order Is Withdrawn As 'Not Pressed': Allahabad High Court
The Allahabad High Court has held that a writ petition under Article 226 is not maintainable where the petitioner had already challenged the same order in a statutory revision and then got the revision concluded as “not pressed”. Such a withdrawal, it held, amounts to abandonment of the claim and attracts the Rule of Public Policy.The Rule of Public Policy, as the Court explained it, bars...
Limited Grounds For Judicial Review, 20-Year Delay: High Court Rejects Challenge To Ambedkar Nagar Constituency Delimitation
The Allahabad High Court today dismissed a petition challenging the delimitation of Assembly constituencies in Uttar Pradesh's Ambedkar Nagar district, including the reservation of the Alapur constituency for Scheduled Castes.The bench said the plea failed to establish grounds for judicial interference and was filed nearly two decades after the delimitation order was passed. A Bench of...
Allahabad High Court Flags Concern Over MP/MLA Cases Listed Before Non-Designated Courts, Low In Cause List
The Allahabad High Court has expressed concern that high-priority criminal cases involving Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs) are either being listed before non-designated courts of the HC or placed too low in the cause list, effectively preventing their hearing.A Bench of Justice Saumitra Dayal Singh and Justice Indrajeet Shukla observed that the...
S. 4 SC/ST Act | Dissatisfaction With Police Probe Alone No Ground To Prosecute Cops For Wilful Neglect: Allahabad High Court
The Allahabad High Court has observed that the dissatisfaction of a complainant with a police investigation or the failure of policeto invoke particular provisions of the SC-ST Act 1989, does not by itself constitute "wilful neglect of duty" by public servants under Section 4 of the Act.A bench of Justice Santosh Rai observed that prosecution under Section 4 (Punishment for neglect of...
Allahabad High Court Imposes ₹25K Costs On Litigant For Filing Forged Documents, Disallows Withdrawal
The Allahabad High Court has held that a litigant who files a writ petition along with forged documents cannot be permitted to withdraw it in order to escape the consequences of the proceedings. Dismissing the petition as an abuse of the process of the Court, the Court imposed costs of Rs. 25,000 on the petitioner.The bench of Justice Shekhar B. Saraf and Justice Amitabh Kumar Rai...
Pressurizing Only Son To Abandon His 68-Year-Old Widowed Mother Is Mental Cruelty: Allahabad High Court
The Allahabad High Court has held that persistent pressure by a wife upon her husband, the only son of his 68-year-old widowed mother, to leave the mother and set up a separate household amounts to mental cruelty and entitles the husband to a decree of divorce under Section 13 of the Hindu Marriage Act, 1955.The bench of Justice J.J. Munir and Justice Indrajeet Shukla held,“The attempt...
