Allahabad High Court
Allahabad High Court Quashes FIR Lodged By A 'Ghost', Slams IO For Investigating, Filing Chargesheet In The Matter
Recently, the Allahabad High Court encountered an unusual case involving cheating and forgery, wherein an FIR was supposedly filed by a dead person in 2014, almost three years after his death. The case perplexed a bench of Justice Saurabh Shyam Shamshery as it noted that the police had even investigated the case based on the dead person's statement. Expressing shock over the same,...
PIL In Allahabad HC Against ECI For 'Inaction' On Congress' 'Ghar Ghar Guarantee' Scheme Launched Ahead Of 2024 LS Polls
A Public Interest Litigation (PIL) plea has been filed in the Allahabad High Court against the Election Commission of India (ECI) over its alleged inaction to act against the Indian National Congress (INC) for launching its much debated 'Ghar Ghar Guarantee' scheme/campaign [colloquially also referred to as the 'Khatakhat Scheme'] ahead of the 2024 Lok Sabha Elections.Congress...
1993 'Dowry Death' Case | Allahabad HC Upholds Acquittal Of 3 Accused Based On 'Suspicious' Viscera Examination Report
The Allahabad High Court last week upheld the acquittal of three accused in the 1993 alleged dowry death case, citing concerns over the reliability of the viscera examination report. The court found the report 'suspicious', leading to doubts about the prosecution's evidence. Upholding the trial court's 1997 Judgment and order acquitting the accused, a bench of Justice Siddhartha...
1978 Murder Case | Circumstances Alleged Against Accused Not Proved Satisfactorily: Allahabad HC Upholds Acquittal Order
The Allahabad High Court on Monday upheld the acquittal of an accused in a 1978 murder case, noting that many circumstances alleged against the accused had not been proved satisfactorily by the prosecution. A bench of Justice Rajiv Gupta and Justice Surendra Singh-I also noted that direct evidence of murder in the form of a statement of PW4 was not reliable, the Motive had...
Failure To Cohabit For A Year After Decree Of Restitution Of Conjugal Rights Entitles Decree Holder To Dissolution Of Marriage: Allahabad HC
While upholding a decree of dissolution of marriage for a couple who had lived separately for 40 years, the Allahabad High Court held that even if the husband had sought a decree for restitution of conjugal rights, upon failure to cohabit for a period of one year after the grant of such decree, the husband could seek dissolution of marriage.Section 13 (1A) (ii) of the Hindu Marriage Act,...
1191 Days Delay By State Agency In Filing Arbitration Appeal: Allahabad High Court Orders Inquiry Against Erring Officers
Recently, the Allahabad High Court has directed the Principal Secretary / Additional Chief Secretary, Medical and Health Services, U.P. to conduct an inquiry against the erring officers due to which appeal under Section 37 of the Arbitration and Conciliation Act, 1996 has been filed with a delay of 1191 days.An arbitral award of Rs.34,21,423/- as principal and Rs.1,67,16,033/- as interest up...
Allahabad HC Seeks UP Bar Council's Reply On Formulating An Insurance Scheme For All Practising Lawyers Of State
On Tuesday, the Allahabad High Court asked the Uttar Pradesh State Bar Council to respond to a proposal to formulate an insurance scheme for all practising lawyers in the state, including the government advocates. A bench of Justice Rajan Roy and Justice Om Prakash Shukla proposed that local bar associations in Uttar Pradesh could implement an insurance policy for lawyers with...
Allahabad High Court Issues Notice On Apna Dal (S) Leader's Plea Challenging Election Of SP's Robertsganj MP Chhotelal
The Allahabad High Court on Tuesday issued notice to the Samajwadi Party's Member of Parliament, Chhotelal Kharwar, on an election plea filed by Apna Dal (Sonelal) leader Rinki Kol challenging his election from Robertsganj Lok Sabha Constituency in the recently concluded General Elections. Apna Dal (Sonelal), an ally of the ruling Bharatiya Janata Party (BJP), had fielded Kol as...
Dowry Demand Doubtful As Marriage Solemnised Under CM Mass Marriage Scheme: Allahabad HC Grants Bail To Husband In 'Dowry Death' Case
The Allahabad High Court last week granted bail to a man (husband of the deceased/victim) accused of committing the offence of dowry death, noting that it was doubtful that any dowry was demanded in the case since the parties got married under the Chief Minister Mass Marriage Scheme. “…the marriage of deceased was solemnized with applicant under the scheme launched by the...
Order Under S. 73 GST Can't Be Passed Against Company In Corporate Insolvency Resolution Process: Allahabad High Court
The Allahabad High Court has held that order Section 73 of the Goods and Service Tax Act, 2017 cannot be passed a company which is under the Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code, 2016. Section 73 of the Goods and Service Tax Act, 2017 empowers a proper officer to initiate proceedings if he is satisfied that any tax has not been...
Woman Unfairly Denied LPG Connection Under 'PM Ujjwala Yojana', Allahabad High Court Comes To Her Rescue
The Allahabad High Court recently came to the rescue of a woman who was unfairly denied an LPG (Liquefied Petroleum Gas) connection under the Pradhan Mantri Ujjwala Yojana (PMUY). A bench consisting of Justice Shekhar B. Saraf and Justice Manjive Shukla issued a directive on July 3 requiring the authorities to provide the woman with an LPG connection within seven days....
'Material Contradiction In Medical & Eyewitness Evidence Creates Doubt On Prosecution's Case': Allahabad HC Sets Aside Conviction U/S 304 (I) IPC
On Tuesday, the Allahabad High Court set aside an accused's conviction under Section 304 (I) IPC based on the martial inconsistency between witnesses' oral testimony and medical evidence on record. Relying upon the Supreme Court's 2021 Judgment in Viram @ Virma v The State of Madhya Pradesh LL 2021 SC 677, a bench of Justice Ashwani Kumar Mishra and Justice Dr. Gautam Chowdhary...