Shariat Law Allowing Marriage At Puberty Violates POCSO; Prohibition On Child Marriage Applies To All Religions: Allahabad High Court

The Allahabad High Court has held that the Shariat/Muslim Personal Law permitting puberty as the competent age for a girl to marry runs clearly in the teeth of the Prohibition of Child Marriage Act, 2006, as well as the POCSO Act. A bench of Justice JJ Munir and Justice Achal Sachdev further observed that the age of marriage, for every citizen of the country, irrespective of religion,...

Election Tribunal Cannot Scrutinize Validity Of Duly Issued Caste Certificate In Election Petition: Allahabad High Court

The Allahabad High Court has observed that an Election Tribunal does not have jurisdiction to verify or declare a caste certificate forged; hence, a duly issued certificate cannot be challenged or scrutinized in an election petition.A bench of Justice Neeraj Tiwari made this observation while dismissing an election petition filed by one Radha Charan, who sought to set aside the election of...

Contents Of FIR Inadmissible, Cannot Be Proved Through Scribe If Informant Dies Natural Death Before Testifying: Allahabad High Court

The Allahabad High Court has held that if a first informant dies a natural death before the commencement of a criminal trial or before testifying, the contents of the FIR cannot be proved through a scribe or an investigating officer. A Bench of Justice J.J. Munir and Justice Saurabh Srivastava clarified that if an informant's death has no connection whatsoever with the complaint lodged,...

Preventive Detention Of Person Already In Jail Vitiated If Detaining Authority Doesn't Know Case In Which He Is Incarcerated: Allahabad High Court

The Allahabad High Court has held that an order of preventive detention passed under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 against a person already in jail is vitiated by non-application of mind, where the Detaining Authority does not know, or wrongly knows, the case in which the detenu is in custody. It held that without...

Documentary Evidence Can't Be Basis Of Guilt In Departmental Proceedings Unless Proved Through Oral Evidence: Allahabad High Court

The Allahabad High Court has held that disciplinary proceedings conducted under Rule 7 of the Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999 stand vitiated where no oral inquiry is conducted and no oral evidence is led by the department to prove the documents relied upon in support of the charge-sheet. It held that a finding of guilt against a charged employee cannot rest...

'Social Media Handles Not Immune From Indian Laws': Allahabad High Court On 'X' Corp Stonewalling Obscene Video Probe

The Allahabad High Court last week took exception to the non-cooperative stance of the social media platform 'X' Corp (formerly Twitter) in a cybercrime investigation. The HC said that multinational digital platforms/handles cannot claim immunity from accountability under Indian Law. A bench of Justice Ajay Bhanot and Justice Divesh Chandra Samant observed...

Caught Red-Handed Accepting ₹300 Bribe In 1977, Allahabad High Court Upholds Lekhpal's Conviction 49 Years After Crime

The Allahabad High Court last week dismissed a 41-year-old criminal appeal, upholding the 1985 conviction of a Consolidation Lekhpal who was caught red-handed accepting a bribe of ₹300, nearly half a century ago. A bench of Justice Sanjiv Kumar thus upheld the 1-year rigorous imprisonment sentence awarded to him. He was directed to surrender before the Trial Court within 4 weeks...

Mere Omission Or Misplacement Of Document Page Doesn't Warrant Review Of Judgment Unless It Caused Manifest Injustice: Allahabad High Court

The Lucknow Bench of the Allahabad High Court has held that a judgment is not erroneous and subject to review merely because of omission, misplacement or non-tagging of a particular page, unless such omission results in patent error apparent on the face of the record or causes manifest injustice. Justice Karunesh Singh Pawar held,“…mere omission, misplacement or non-tagging of a...

Ram Mandir Donation Row: High Court Refuses To Entertain PIL For CBI Probe, Notes Similar Matter Already Reached SC

The Allahabad High Court today refused to entertain a Public Interest Litigation (PIL) plea seeking a CBI probe into the Ram Mandir donation row, noting a similar plea with similar prayers has already been filed before the Supreme Court. A bench of Justice Rajan Roy and Justice Manjive Shukla was hearing the petition filed by practising Advocate Mohit Ashok, seeking...

PMLA | Assets From Unknown Sources Can't Be Presumed To Be Derived From Scheduled Offence Constituting 'Proceeds Of Crime': Allahabad High Court

The Allahabad High Court has held that assets derived from unknown sources of income cannot presumed to be from scheduled offences under the Prevention of Money Laundering Act, 2002.“A person may have assets derived from unknown source of income, however, that by itself cannot be presumed that the aforesaid assets are derived from schedule offence,” held Justice Vikram D. Chauhan...

'Tejo Mahalaya' Temple Claim: Allahabad High Court Issues Notice To Centre, ASI On Plea Against Agra Court's Refusal For Taj Mahal Survey

The Allahabad High Court today issued notices to the Centre and the Archaeological Survey of India (ASI), seeking their responses to a plea challenging an order of an Agra Court refusing a survey of the Taj Mahal.A bench of Justice Rohit Ranjan Agarwal passed the order after hearing Advocate Hari Shankar Jain, appearing for the petitioner, who claims that the world-famous monument is actually...

Stamp Duty | Collector's Spot Inspection Without Notice To Party Doesn't Invalidate Proceedings If No Prejudice Caused: Allahabad High Court

The Allahabad High Court has held that a spot inspection conducted by the District Magistrate in stamp duty deficiency proceedings without issuing notice to the party is an irregularity, and not an illegality, where no prejudice is caused to the party. The Court held that under Rule 7(3) of the U.P. Stamp (Valuation of Property) Rules, 1997, it is not mandatory for the Collector to conduct...