Gravity Of Offence Not A Relevant Consideration While Dealing With Bail Plea Of Juvenile Accused: Allahabad HC

The Allahabad High Court has observed that the gravity of the offence is not a relevant factor in granting bail to a juvenile under the Juvenile Justice (Care and Protection of Children) Act, 2015. Perusing Section 12 of the Act, which lays down three contingencies in which bail may be refused to a juvenile offender, the Court noted that the Gravity of the offence has not been...

Accused's Act Of Absconding Alone Doesn't Establish His Guilt: Allahabad HC Sets Aside Conviction In 25 Year Old Murder Case

Setting aside a conviction in a 25-year-old murder case, the Allahabad High Court has observed that only on the basis of the absconding of the accused, he cannot be held to be guilty. A bench of Justice Rajiv Gupta and Justice Shiv Shanker Prasad observed that although the conduct of an accused may be a relevant fact under Section 8 of the Indian Evidence Act, the same, by itself,...

Kshetriya Shri Gandhi Ashram Not State Under Article 12, Writ Petition Not Maintainable Against It: Allahabad High Court

The Allahabad High Court has held that a writ petition is not maintainable against the Kshetriya Shri Gandhi Ashram as it is not state under Article 12 of the Constitution of India as there is no statue regulating the functions of the Ashram or empower State to control its affairs.Justice J.J. Munir relied on the decisions in Suresh Ram v. State of U.P. and Ram Bachan Singh v. Chief...

'Documents Forged': Allahabad HC Dismisses NEET Aspirant's 'Torn OMR Sheet' Plea, NTA Mulls Action Against Her

The Allahabad High Court on Tuesday DISMISSED (being not pressed) a writ petition moved by a NEET aspirant (Ayushi Patel) after it was revealed that she submitted forged documents in her petition alleging the NTA failed to declare her result. In her plea, the candidate also claimed that her OMR answer sheet was torn. A bench of Justice Rajesh Singh Chauhan dismissed the...

[U.P. Recognised Basic School Rules] Employee Shall Be Entitled To Pay If Initial Approval Of Appointment Not Recalled: Allahabad High Court

The Allahabad High Court has held that under the U.P. Recognised Basic School Rules (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978, an employee shall be considered to be in service and entitled to his pay if no adverse action or order of termination is issued against him.“The salary of the petitioners cannot be withheld or stopped unless the...

Administrators Often Lose Objectivity When Visited With Judicial Command: Allahabad HC On Rejection Of Compassionate Appointment Claim After Filing Of Writ

While dealing with a case of compassionate appointment, the Allahabad High Court has observed that “Administrators must not panic or retaliate when faced with a judicial command, asking them to perform their duties. Sadly, they often do.”The Court observed that the Authorities, in the case of the petitioner, had passed the order rejecting the application for compassionate appointment...

Allahabad High Court Monthly Digest: May 2024 [Citations: 280-366]

NOMINAL INDEXAbbas Ansari vs. State Of U.P. Thru. Prin. Secy. Home Lko. 2024 LiveLaw (AB) 280 Jagdish And 4 Others vs. State Of Up And 4 Others 2024 LiveLaw (AB) 281 Eklavya Educational Foundation And Another vs. Union Of India And 2 Others 2024 LiveLaw (AB) 282 Nisha vs. State of U.P. and Another 2024 LiveLaw (AB) 283 Muneer Alam vs. State Of U.P. Thru. Prin. Secy....

UP Anti-Conversion Law Won't Achieve Its Purpose If Prosecutions Under 2021 Act Are Frequently Interfered With: Allahabad HC

The Allahabad High Court has observed that the UP Anti-Conversion Law, enacted in 2021, will fail to achieve its intended purpose if the courts frequently interfere with prosecutions under the Act at their initial stage. Emphasizing that such interferences, especially at the initial stages of legal proceedings, could undermine the effectiveness of the law, a bench of Justice JJ Munir...

Investigation Into Non-Cognizable Offence Sans Magistrate's Permission Is Illegal; Subsequent Nod Is Immaterial: Allahabad HC

The Allahabad High Court has observed that the investigation of a non-cognizable offence by the police without prior permission of the competent Magistrate is illegal, and subsequent permission by the Magistrate cannot cure this illegality. Referring to the provision under sub Section (2) of Section 155 of CrPC, a bench of Justice Shamim Ahmed noted that asking permission of the Court...

1982 Murder Case | 'Faulty' Investigation, 'Contradictions' In Testimonies Of PWs: Allahabad HC Upholds Acquittal Of 3 Accused

The Allahabad High Court recently upheld the acquittal of the 3 accused in a 1982 murder case, noting that the faulty investigation in the matter had cast a serious dent in the entire prosecution case. A bench of Justice Rajiv Gupta and Justice Shiv Shanker Prasad also noted several contradictions in the testimonies of P.W.-1 and P.W.-2, which, according to the Court, raised a...

'Sexual Offences' Under IPC Are Women-Centric To Protect Dignity & Honour But Male Partner Not Always At Fault: Allahabad High Court

The Allahabad High Court recently upheld the acquittal of a man accused of rape, emphasizing that while laws on sexual offences are rightly women-centric, it does not mean that the male partner is always at fault. A Division Bench comprising Justices Rahul Chaturvedi and Nand Prabha Shukla noted that the burden of proof in such cases lies with both the complainant and the accused.The...

Allahabad HC Pulls Up Dy. Commissioner Of Police For Directing Further Investigation In A Case Sans Magistrate's Nod, Seeks Explanation

The Allahabad High Court last week pulled up the Deputy Commissioner of Police, Central NOIDA, Gautambudh Nagar, for directing a further investigation in a criminal case, in which a chargesheet had already been filed and cognizance taken, without obtaining the leave of the concerned Magistrate. A bench of Justice JJ Munir and Justice Arun Kumar Singh Deshwal observed that after...