Court Within Whose Jurisdiction First Wife Has Taken Up Permanent Residence Can Try Offences U/S 494/495 IPC: Allahabad HC

The Allahabad High Court has ruled that the court within whose jurisdiction the first wife has taken up permanent residence after the commission of alleged offences punishable under Sections 494 and 495 of the Indian Penal Code (IPC) can try those offences. A bench of Justice Saurabh Shyam Shamshery observed thus in view of the mandate of Section 182 (2)CrPC, which states that...

Allahabad High Court Half Yearly Digest: January - June 2024 [Citations 1-415]

[NOMINAL INDEX PROVIDED AT THE BOTTOM] ORDERS/JUDGMENTS (JANUARY-JUNE 2024) UP Victim Compensation Scheme 2014 | Eligibility/ Quantum Of Compensation For Rape Victims To Be Decided By DLSA, Not Court: Allahabad HC Case Title: Ramesh Alias Mehandi Hasan vs. State Of U.P. And 3 Others [MATTERS UNDER ARTICLE 227 No. - 5804 of 2023] Case Citation: 2024 LiveLaw (AB)...

Allahabad High Court Monthly Digest: June 2024 [Citations 367-415]

NOMINAL INDEX M/S Pragyason Constructions Private Limited v. State Of U.P. And 2 Others 2024 LiveLaw (AB) 367 National Highways Authority Of India V. Rampyari And Another 2024 LiveLaw (AB) 368 Punjab National Bank Earlier Oriental Bank of Commerce v. Sanjeevani Shiksha Samiti 2024 LiveLaw (AB) 369 Shekhar Kapoor And 10 Others v. State Of Up And 3 Others 2024 LiveLaw...

'He Is 45, Has 2 Children & Wife To Support' : Allahabad HC Commutes Death Sentence Of Convict Who Killed Grandmother-In-Law

The Allahabad High Court last week commuted the death sentence of a 45-year-old convict who killed his wife's grandmother with a screwdriver in 2022 to life imprisonment as it noted that he has two children and a wife to support and that it was not a "rarest of rare" case. While answering the death reference in negative, a bench of Justice Arvind Singh Sangwan and Justice...

'Matter Of Policy': Allahabad HC Disposes PIL To Extend Benefit Of Schemes Meant For SC-STs/OBCs To BPL Card Holders

The Allahabad High Court last week disposed of a Public Interest Litigation (PIL) plea that sought to extend the benefits of schemes exclusively meant for Scheduled Castes (SC), Scheduled Tribes (ST), Other Backward Classes (OBC) and Minorities to Below Poverty Line (BPL) cardholders of all other communities/castes. A bench of Justice Rajan Roy and Justice Om Prakash Shukla,...

Marriage Not Presumed To Be Irretrievably Broken Down When There Is Long Separation; Voluntary Desertion, Other Factors Necessary: Allahabad HC

The Allahabad High Court has held that marriage cannot be presumed irretrievably broken down just because there has been a long separation period between the parties. It has been held that voluntary desertion along with other circumstances need to be seen to conclude that divorce can be granted on grounds of irretrievable breakdown of marriage.The bench of Justice Saumitra Dayal Singh and...

PIL In Allahabad High Court Seeks Court's Intervention Over Decreasing Number Of Flights From Prayagraj

Recently, a public interest litigation has been filed in the Allahabad High Court seeking the Court's intervention in the decreasing number of flights from Prayagraj. The petitioner has pleaded that the High Court issue a writ of mandamus to the authorities to restart the discontinued flights and to start more flights in view of the Maha Kumbh in 2025.Advocate Vineet Pandey has filed the...

Allahabad High Court Reserves Verdict On MP Afzal Ansari's Appeal Against Conviction In Gangster Act Case

The Allahabad High Court on Thursday reserved its verdict on the appeal filed by Member of Parliament (MP) Afzal Ansari. He is challenging his conviction in the Gangster Act case, in which the Ghazipur MP/MLA Court sentenced him to 4 years in prison. This conviction is linked to the 2005 murder of BJP MLA Krishnanand Rai.A bench of Justice Sanjay Kumar Singh reserved its verdict after...

Allahabad HC Raises Concern Over Misuse Of POCSO Act Against Teenagers Involved In Consensual Romantic Relations

The Allahabad High Court on Wednesday raised concerns over the misuse of the Protection of Children from Sexual Offences (POCSO) Act, 2012, particularly in consensual romantic relationships between teenagers. A bench of Justice Krishan Pahal added that while dealing with such cases, the challenge lies in distinguishing between genuine cases of exploitation and those...

“Child's Natural Right To Know And Meet His Parents Is Near Perfect”: Allahabad High Court Upholds Visitation Rights Of Father

The Allahabad High Court has held that a child has the right to know and meet his parents, including the father during the pendency of the custody case before the Trial Court.The mother approached the High Court against the order of Family Court allowing the father to meet their son on one Sunday of every month in a public place for three hours. The mother challenged the order on grounds of...

PCS-J 2022 | UPPSC Accepts 'Error' In Preparation Of Written Examination Merit List Of 50 Candidates Before Allahabad HC

Before the Allahabad High Court, the Uttar Pradesh Public Service Commission (UPPSC) has acknowledged an error in preparing the merit list for the written examination of 50 PCS-J (Provincial Civil Services - Judicial) 2022 candidates. In view of the said submission, the High Court, on Monday, sought a personal affidavit of the Chairman of the Uttar Pradesh Public Service Commission...

No Provisions Of Appeal Provided Against An Order Passed By State GST Officer Under IGST Act: Allahabad High Court Admits Writ Petition

The Allahabad High Court has admitted the writ petition stating that the IGST Act lacks provision for appeals provided against an order passed by the state GST Officer.The bench of Justice Saumitra Dayal Singh and Justice Anish Kumar Gupta while admitting the writ petition noted that order passed under the IGST Act, the appeal shall lie before the Central Tax Officer. However, Section 6(3) of...