Advocates Can't Be Discourteous Or Use Intemperate Language Against Judges: Allahabad High Court

In suo moto contempt proceedings against a lawyer, the Allahabad High Court has held that Advocates, being officers of the court must be courteous towards the Judges.The Civil Judge (Junior Division/Fast Track Court (CAW)), Kanpur Nagar made a reference to the High Court regarding conduct of the contemnor advocate in proceedings before the Court on 03.02.2023. It was stated that the contemnor...

Criminal Court Can't Deal With Allegations Of Misappropriation Of Investor's Money By Share Broker, SEBI Act Prevails: Allahabad High Court

The Allahabad High Court has held that that by virtue of Section 26 of Securities and Exchange Board of India Act, 1992, which bars Court from taking cognizance regarding offences under the Act, the Trial Court cannot take cognizance of a case where broker is alleged to have misappropriated money of the investor. It was held that the SEBI Act being a special act will override IPC and...

False Criminal Prosecution By Wife May Create Reasonable Apprehension Regarding Personal/ Family Safety, Constitutes Cruelty: Allahabad HC

The Allahabad High Court has held that false criminal prosecution case by wife against the husband and his family may create reasonable apprehension in mind of the husband regarding the safety of his family and himself if he were to stay in the matrimonial relationship. It was held that such false criminal prosecution is sufficient to constitute cruelty under Section 13 of the Hindu Marriage...

Summoning A Serious Affair, More So When Issued After Rejecting Closure Report: Allahabad HC Quashes Murder Case Against Doctor Couple

The Allahabad High Court recently quashed criminal proceedings against a Doctor couple– who are also owners of a hospital in Rajepur–in a case where the deceased who had accompanied his mother in the hospital, was allegedly removed and later died in a road accident thereafter.The high court passed the order while hearing a plea moved by the doctor couple against the summoning order of...

Prosecution Can't Rely On Dying Declaration Unless Accused Is Confronted With Its Contents: Allahabad High Court

The Allahabad High Court has observed that the prosecution cannot rely on a dying declaration unless an accused is confronted with its contents. A bench of Justice Ashwani Kumar Mishra and Justice Dr Gautam Chowdhary observed thus while acquitting a husband and mother-in-law in connection with a dowry death case. The division bench noted that the contents of the dying declaration...

NI Act | Company Can Be Summoned Through Person In-Charge Of Its Affairs, No Separate Summon To The Company Required: Allahabad High Court

The Allahabad High Court has held that a company is juristic person can be summoned through the person in-charge of its affairs and if such a juristic person summoned through the person in-charge, it cannot be said that the company has not been summoned for trial under the Negotiable Instruments Act, 1881.The Court held that once company is also made a party to the proceedings under Section...

Allahabad HC Dismisses Advocate's 'Vexatious' Plea To Initiate Criminal Contempt Case Against Gujarat HC Chief Justice

The Allahabad High Court last week DISMISSED a petition filed by an advocate under Section 15(1)(b) of the Contempt of Courts Act 1971 to initiate criminal contempt proceedings against Justice Sunita Agrawal (former Judge, Allahabad HC; presently, Chief Justice, Gujarat High Court). A bench of Justice Rajiv Gupta and Justice Surendra Singh-I termed the petition...

Allahabad HC Notes 'Trend' Of Filing Of Fresh FIRs Against Accused To Create Grounds For Bail Cancellation

The Allahabad High Court recently noted a 'trend' in which fresh FIRs/complaints are filed against an accused after he has been granted anticipatory/regular bail to create grounds for the cancellation of the bail. A bench of Justice Subhash Vidyarthi observed thus while dealing with a plea filed seeking cancellation of anticipatory bail granted to the accused (by the HC in...

SC/ST Act Being Misused For Financial Gains: Allahabad HC Bats For Pre-FIR Assessment Of Credibility Of Complaints

The Allahabad High Court recently reiterated its concerns over the misuse of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989. The court observed that the 1989Act, which was designed to provide immediate relief to victims of atrocities, is being misused by some individuals to obtain compensation. The Court underscored that the misuse of the 1989 law not...

Civil Court Has Jurisdiction To Entertain Plea For Perpetual Injunction By Tenant In Cases Of Eviction: Allahabad High Court

The Allahabad High Court has held that Civil Courts have the jurisdiction to hear suits for perpetual injunction filed by a tenant against their landlord when it comes to matters of eviction. The Court held that the same would not be barred by the U.P. Regulation of Urban Premises Tenancy Act, 2021.By an order passed on 15.11.2022, the Civil Judge, Rae Bareli dismissed the suit filed by...

Allahabad High Court Directs SRN Hospital Authorities To File Affidavit Regarding Construction Of Separate Duty Rooms For Female Doctors

Recently, the Allahabad High Court has directed the Superintendent-in-Chief, Swaroop Rani Nehru Hospital, Prayagraj to file an affidavit regarding a plan for the construction of separate duty rooms for female doctors in departments where they are not available.Hearing a suo-moto public interest litigation, the division bench of Justice Manoj Kumar Gupta and Justice Manish Kumar Nigam...

LS Polls 2024: Allahabad HC Questions JKP Leader Who Intended To Contest Against PM Modi On 19-Day Delay In Filing Election Plea

The Allahabad High Court on Friday questioned a Janhit Kisan Party (JKP) leader, who intended to contest the Lok Sabha elections 2024 from Varanasi against Prime Minister Narendra Modi, over a 19-day delay in filing an election plea challenging the returning officer's rejection of his nomination form. A bench of Justice Saumitra Dayal Singh granted the election petitioner (Vijay...