'Meant For Imparting Education Only': Allahabad High Court Bars Commercial Activities In Premises Of All Educational Institutions In UP

Observing that educational institutions are meant for imparting education only and not for permitting commercial activity, the Allahabad High Court has barred any commercial activities including and not limited to exhibitions, fairs, etc., in the premises of all educational institutions in Uttar Pradesh.The court passed the order in a PIL against use of the premises of a Degree College...

Juvenile Justice Act Overrides All Other Laws In Case Of Child In Conflict With Law: Allahabad High Court

The Allahabad High Court has held that the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) overrides all other laws in case of a child in conflict with law.Perusing various provisions of the JJ Act, the bench of Justice Salil Kumar Rai and Justice Sandeep Jain held,“A reading of the aforesaid provisions shows that the Act, 2015 has an overriding effect over any other...

JJ Act | Child Alleged To Be In Conflict With Law Can't Be Lodged In Jail Even During Inquiry To Determine His Age: Allahabad High Court

The Allahabad High Court has held that under the Juvenile Justice Act 2015 a person accused who claims to be child at time of commission of offence, cannot be sent to jail or police lockup even during an inquiry regarding determination of his age either by a Court or the Juvenile Justice BoardIn doing so the court held that a child in conflict with law or alleged to be in conflict with law...

IPC Provisions On Use Of False Weights & Measures Do Not Apply To Offences Punishable Under Legal Metrology Act: Allahabad High Court

The Allahabad High Court has held that an accused cannot be prosecuted under Sections 265 (Fraudulent use of false weight and measure) and 266 (being in possession of false weight and measure) of Indian Penal Code for offences covered by the Legal Metrology Act, 2009.Referring to Section 51 of the Legal Metrology Act and the judgment of the Apex Court in State of Uttar Pradesh v. Aman...

Allahabad High Court Orders Action Against Officials Over Delay In Minor Rape Survivor's Compensation; Directs ₹2 Lakh Additional Relief

The Allahabad High Court on Monday slammed the state officials for their 'reprehensible inaction' and 'laissez-faire attitude' in denying compensation to a minor rape victim, compelling her to approach the Court for relief. A Bench of Justice Shekhar B Saraf and Justice Prashant Kumar observed that the very purpose of the State's compensation scheme [Uttar Pradesh Rani Lakshmi...

Entire RTE Act Applicable To Private Unaided Schools, Affiliating Board's Guidelines Can't Be Given Precedence: Allahabad High Court

The Allahabad High Court has held that all provisions of the Right of Children to Free and Compulsory Education Act, 2009 are applicable to private unaided schools and the guidelines of affiliating Board including those pertaining to attendance, are not above the Act.Referring to the judgment of the Supreme Court in Society for Unaided Private Schools of Rajasthan vs. Union of India and...

Preparing Defence Strategy & Gathering Evidence Valid Grounds For Bail : Allahabad High Court Clarifies 'Stage' & 'Parameters'

In a significant verdict, the Allahabad High Court recently held that conceptualizing defence strategy, gathering and adducing defence evidence and effectively conducting the defence case can constitute valid grounds for granting bail, but only at an appropriate stage of the trial. A bench of Justice Ajay Bhanot, while deciding a batch of 18 (second) bail applications, ruled that...

Threat Of Land Encroachment, Proposed Use For Public Purpose Not Enough To Invoke Urgency Clause U/S 17 Of Land Acquisition Act: Allahabad HC

The Allahabad High Court has held reiterated that mere threat of encroachment and stating that the land is to be used for planned development for public purpose will not justify the invocation of urgency clause under Section 17 of the Land Acquisition Act, 1894 and dispensation of the statutory requirement of calling for, hearing and deciding objections of the landowners.While dealing with...

'Prima Facie Cheating Case Made Out': Allahabad High Court Refuses To Quash ED's Probe Against Sahara's Cooperative Societies

The Allahabad High Court (Lucknow Bench) recently refused to quash the Enforcement Directorate's (ED) action of initiating search and seizure proceedings against four Sahara-linked cooperative societies. A bench of Justice Subhash Vidyarthi noted that a prima facie case of cheating was made out and that the proceedings under the Prevention of Money Laundering Act, 2002 (PMLA) cannot...

Unsaid Words Can Also 'Promote Enmity' Under BNS: Allahabad High Court On 'Subtle' Religious Undertones In WhatsApp Message

The Allahabad High Court has observed that even a WhatsApp message not explicitly referring to religion may, through its 'unsaid' words and 'subtle' message, promote enmity, hatred or ill-will between communities. A Bench of Justice JJ Munir and Justice Pramod Kumar Srivastava observed thus while refusing to quash an FIR lodged against petitioner (Afaq Ahmad) who had allegedly...

Compensation U/S 3G National Highways Act Can Be Challenged Under Arbitration Act, Writ Petition Not Maintainable: Allahabad High Court

The Allahabad High Court has held that compensation awarded under Section 3G of the National Highways Act, 1956 can be challenged under the Arbitration and Conciliation Act, 1996 and writ petitions for the same will not be maintainable.A bench of Justice Mahesh Chandra Tripathi and Justice Anish Kumar Gupta held“Section 3G(6) of the Act, 1956 expressly provides that the provisions of...

S.238 IBC Is Non-Obstante Clause, Overrides Provisions Of Electricity Act: Allahabad High Court

The Allahabad High Court has held that the Insolvency and Bankruptcy Code, 2016 overrides the provisions of Electricity Act, 2003 read with Electricity Supply Code, 2005.A bench of Justice Arindam Sinha and Justice Prashant Kumar held“Section 238 of Insolvency and Bankruptcy Code, 2016 is a non- obstante clause meaning it grants the IB Code a power of overriding effect on other laws, for...