'Eyewitnesses, First Informant Ganged Together To Implicate Accused': Allahabad HC Acquits Man In 1982 Murder Case

The Allahabad High Court recently acquitted a man who was convicted in 1982 murder caa, as it noted that two eye-witnesses and the first informant had ganged together to implicate the accused. A bench of Justice Siddhartha Varma and Justice Ram Manohar Narayan Mishra also observed that the prosecution story contained many lapses, which made the case doubtful, and the case against...

'Arbitrary' Confiscation Of Vehicle A 'Serious' Encroachment On Fundamental Right To Trade U/Art 19(1)(g): Allahabad HC

The Allahabad High Court has observed that the 'arbitrary' confiscation of a vehicle that a person might be using for his trade, profession, or occupation is a serious encroachment on the fundamental right of a citizen guaranteed under Article 19(1)(g) of the Constitution of India. “The confiscation, by its very connotation, implies depriving a person of his property to which he...

Organized Racket Of Touts Has Emerged Around District Courts That Issue Fake Marriage Certificates: Allahabad HC

The Allahabad High Court recently raised concerns regarding the emergence of an organised racket of touts who are involved in getting fake marriages registered through forged documents. A bench of Justice Vinod Diwakar noted that an organised racket of touts and agents has emerged around the district courts in the name of religious trusts, in which qualified legal professionals...

S.14 HMA | Divorce Petition Within 1 Year Of Marriage Barred, Can Only Be Entertained In Case Of Exceptional Hardship: Allahabad High Court

The Allahabad High Court has held that Section 14 of the Hindu Marriage Act, 1955 bars presentation of a petition for divorce cannot be filed within a period of 1 year from the date of marriage and can only be entertained in case of exceptional hardship caused to the spouse.It was held that an application under Section 14 must be filed by the spouse seeking divorce within a year of marriage...

Allegations Of Adultery Against Wife To Be Decided Before Application For Maintenance U/S 125 CrPC: Allahabad High Court

The Allahabad High Court has held that allegations of adultery against wife must be decided before the application for maintenance under Section 125 CrPC.Revisionist-husband approached the High Court against the order of the Additional Principal Judge, Family Court, Firozabad awarding interim maintenance of Rs. 7000/- to the respondent-wife under Section 125 CrPC. It was argued that the...

Trial Court Judges Often Convict Innocent Accused To Save Their Career Prospects, Avoid Wrath Of Higher Courts: Allahabad HC

The Allahabad High Court recently observed that trial court judges often convict the accused in cases of heinous offences despite a clear case of acquittal due to their fear of higher courts.“…they are fearful of wrath of the higher courts in such cases, and only to save their personal reputation and carrier prospects, such judgment and order of conviction are passed,” a bench of...

Little Girls Are Worshipped In Our Country: Allahabad HC Denies Bail To Man Accused Of Sexually Assaulting 4 Y/O Child

The Allahabad High Court recently denied bail to a man accused of sexually assaulting a 4-year-old girl child, noting that the victim has supported the prosecution story in her statement recorded under Sections 161 and 164 CrPC. In its order, the Court also observed that Rape is a heinous crime and that these types of cases are increasing day by day in our society, even...

Every Arrest & Detention Doesn't Amount To Custodial Torture: Allahabad High Court

Underscoring that every arrest and detention does not amount to custodial torture, the Allahabad High Court has recently observed that when custodial torture allegations are not supported by any medical report or other corroborative evidence, the Court ought not to entertain such kind of proceeding. A bench of Justice Mahesh Chandra Tripathi and Justice Prashant Kumar added...

Allahabad High Court Seeks Details Of UP Govt's Policy To Send Children Of Jail Inmates To Regular Schools

The Allahabad High Court has directed the State Government to submit a detailed affidavit concerning its policy for enrolling children of jail inmates (who live with their parents in prison) in regular schools across the state. A bench of Justice Ajay Bhanot passed this order while dealing with a bail plea filed by one Rekha. During the case hearing, the Court noted that...

Allahabad HC Stays UP Govt's Order Recalling Buddhist Religion Certificate Of MBBS Student, Leading To Her Admission Cancellation

The Allahabad High Court has stayed an order issued by the Uttar Pradesh Government's Minority Welfare Department recalling/cancelling a student's Buddhist religion certificate, which ultimately led to the cancellation of her MBBS admission to Subharti University, Meerut. The UP Government cancelled Petitioner Anjali's religion certificate in August this year, citing...

Teachers' Absenteeism In Primary Schools 'Bane' Of UP's Education System: Allahabad High Court

The Allahabad High Court recently observed that teacher absenteeism in primary schools is the bane of the state's educational system, and it must be curbed by taking appropriate measures in accordance with the law. The Court also sought an affidavit from the Principal Secretary of the State Department of Basic Education explaining the steps taken by the UP Government in the past in...

Complaint Case Pending For 7 Yrs: To Curb 'Tareekh Pe Tareekh' Culture, Allahabad HC Directs Magistrate To Pass Order In 1 Week

The Allahabad High Court recently directed a magistrate to pass an appropriate order under Sections 203 or 204 CrPC (as the case may be) in a complaint case pending before a Court in Ballia for the last 7 years. A bench of Justice Saurabh Shyam Shamshery observed that such a direction was being given to the magistrate concerned to secure the ends of justice and to curb the...