Can't Order Civil Imprisonment Of Company Director/ Employee To Enforce Money Decree Against Judgment-Debtor Company: Allahabad High Court

The Allahabad High Court has held that civil imprisonment of a company official cannot be sought in order to enforce a money decree against the judgment-debtor company.The Court observed that Order 21 Rule 50 permits execution of money decree from the assets of partners, but not from an employee/representative/director. “Order 21 Rule 50 does provide for execution of a money decree against...

Krishna Janmabhumi Dispute: Allahabad HC To Deliver Verdict Tomorrow On Masjid Committee's Challenge To 18 Suits

The Allahabad High Court will pronounce its verdict tomorrow on an application filed by Shahi Idgah Masjid (under Order 7 Rule 11 CPC) challenging the maintainability of 18 suits filed by the deity and the Hindu parties concerning Mathura's Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute.A bench of Justice Mayank Kumar Jain will pronounce its Judgment tomorrow around two months after...

'Threat To National Security': Allahabad HC Denies Bail To Chinese National Accused Of Operating Int'l Criminal Network In India

While denying bail to a Chinese official accused of operating an international criminal network in India while overstaying his visa and engaging in various unlawful activities, the Allahabad High Court underscored the need for an international legal framework to address the criminal trials of foreign nationals engaged in business in India."International criminal networks which are managed...

Violation Of S. 50 NDPS Act, Discrepancies In Prosecution's Evidence: Allahabad HC Acquits Accused In 33 Year Old Case

The Allahabad High Court last week acquitted an accused in a 33-year-old case under the NDPS Act. It noted that Section 50 of the Act was violated and that the prosecution had failed to establish its case beyond a reasonable doubt. “(Section 50 of the NDPS Act) is a crucial safeguard to ensure the fairness of the search process and to protect the rights of the accused. In this...

'Impossible To Anaesthetise Woman Against Her Will': Allahabad HC Grants Bail In Rape Case Citing Modi's 'Medical Jurisprudence'

Relying on Modi's Medical Jurisprudence & Toxicology, Twenty-Second Edition (Student Edition), the Allahabad High Court recently granted bail to a man who has been accused of raping a woman after allegedly making her unconscious with the use of chloroform. A bench of Justice Krishan Pahal noted that as per Modi's Medical Jurisprudence & Toxicology, it is impossible to anaesthetise...

District Inspector Of Schools Has No Authority To Interfere With Seniority List Issued By Management Of Any Institution: Allahabad HC

The Allahabad High Court has held that there is no statutory provision in the U.P. Intermediate Education Act or elsewhere empowering the District Inspector of Schools to interfere with the seniority list issued by the Committee of Management of any institution.A bench of Justice Ajit Kumar held,“the District Inspector of Schools has no authority under provisions of the regulations framed...

Allahabad HC Directs Agra Police Commissioner To File Affidavit On Refresher Course For Investigating Officers On BNS

The Allahabad High Court has directed the Agra Division Police Commissioner to file an affidavit detailing the refresher course provided to investigating officers within the Commissionerate concerning the newly enacted Bharatiya Nyaya Sanhita, 2023 (BNS, which replaced the Indian Penal Code on July 1, 2024). A bench of Justice Arvind Singh Sangwan and Justice Mohd. Azhar Husain...

'Prosecution Failed Miserably To Prove Its Case': Allahabad High Court Upholds Acquittal Of 3 Dacoity Accused In 39 Year Old Case

On Tuesday, the Allahabad High Court upheld the acquittal of three accused in a 1985 dacoity case after finding several loopholes in the prosecution's case. “…when we take a holistic view of the evidence adduced during the course of trial and test the veracity of the prosecution story as mentioned by the witnesses, we find that prosecution has miserably failed to prove its case...

'Major Contradictions In Statements Of Police/ Eyewitnesses': Allahabad HC Acquits 3 Murder Accused In 23 Year Old Case

The Allahabad High Court on Monday set aside the conviction and acquitted three men who were sentenced to life imprisonment for committing the offence of murder after noting that there were significant contradictions in the statements of eyewitnesses and police witnesses. “Considering the evidence and other material on record in its entirety, we are of the view that the learned...

Allahabad High Court Allows SP MP Afzal Ansari's Appeal Challenging Conviction In Gangster Act Case

The Allahabad High Court today ALLOWED the appeal of Samajwadi Party MP Afzal Ansari, who had moved the Court challenging his conviction in the Gangster Act case, in which the Ghazipur MP/MLA Court sentenced him to 4 years in prison. His conviction was linked to the 2005 murder of BJP MLA Krishnanand Rai.With this, the Court has set aside the order and judgment of the Trial...

[S.72 UP Excise Act] Judicial Magistrate Cannot Release Vehicle During Pendency Of Confiscation Proceedings Before DM: Allahabad High Court

The Allahabad High Court has held that Judicial Magistrate has no jurisdiction to release vehicle during pendency of confiscation proceedings before the District Magistrate under Section 72 of the Uttar Pradesh Excise Act, 1910.Section 72 provides things which are liable for confiscation including any intoxicant in respect of which any offence has been committed. Section 72(1)(e) provides...

FIR In Rape Case Lodged On July 3 Under IPC Sections: Allahabad HC Questions SP On Not Invoking BNS Provisions

While dealing with a matter wherein an FIR (filed on July 3) in a Rape case had been registered under the Sections of the Indian Penal Code (IPC), the Allahabad High Court last week questioned the Superintendent of Police, Hamirpur, over not invoking the provisions under the Bharatiya Nyaya Sanhita (BNS). BNS, which replaced the IPC, came into effect on July 1, 2024, two days before...