[Deficient Stamp Duty] Lawyer May Decide To Restrict Prayer To Waiver Of Penalty When Court Is Not Inclined To Grant Any Relief: Allahabad HC

The Allahabad High Court has that the decision of the lawyer to restrict the prayer to waiver of penalty when the court is not inclined to grant any relief cannot be said to be without any authority.Justice Subhash Vidyarthi held that,“if the lawyer assessed that there was no chance of success of the entire appeal and he decided to restrict his prayer for waiver of the penalty, it cannot...

13-Yr-Old Child May Not Be In Position To Chose Between Termination And Continuing Pregnancy: Allahabad High Court

Observing that a 13year old child may not be able to make the right choice between medical termination of pregnancy and continuing the pregnancy full term, the Allahabad High Court has directed that the medical termination of pregnancy will not be possible as it involves greater risk to the life of the 13year old than carrying on the pregnancy.Petitioner, a 13 years old child, was ...

Allahabad HC Grants Interim Relief To AMU Professor In FIR Over Alleged Reference To Rape In Hindu Mythology

The Allahabad High Court last week granted interim anticipatory bail to an Aligarh Muslim University professor (Dr Jitendra Kumar) who is facing an FIR for allegedly referring to examples of "rape" in Hindu mythology during a Forensic Medicine class in 2022. A bench of Justice Vikram D. Chauhan granted him relief, noting that the University had examined the matter and that a...

Making Efforts For Reconciliation Isn't A Condition Precedent For Decreeing A Suit For Divorce: Allahabad High Court

The Allahabad High Court recently observed that making an effort for reconciliation is not a condition precedent for decreeing a suit for divorce and that the Family Court is merely required to satisfy itself whether any of the grounds mentioned in Section 13 of the Hindu Marriage Act are made out. The Court, however, added that if the Court prefers to examine the parties'...

UP Lawyers Abstaining From Work To Hold Condolence Meetings To Be Treated As Contempt Of Court: Allahabad HC

The Allahabad High Court recently made it clear that any act of an individual lawyer of the state or their association to go on strike to give a call for strike or to abstain from work on account of condolence due to the death of a lawyer/officer/employee of the court or their relatives would be treated as an ex-facie act of criminal contempt. The Court, however, clarified that lawyers...

S.19(3) Prevention Of Corruption Act | Order Sanctioning Criminal Prosecution Can Be Challenged At Any Stage Of Trial: Allahabad High Court

The Allahabad High Court has held that order sanctioning criminal prosecution of a government employee under Section 19 of Prevention of Corruption Act, 1988 can be challenged at any stage in the Trial proceedings and the bar placed under Section 19(3) on superior courts overturning the findings of the Special Judge shall not apply in such cases.Section 19(3) of Prevention of Corruption Act,...

"Retired" Not To Be Appended To Retired HC Judge's Name, Title Remains "Mr. Justice": Allahabad High Court Clarifies

The Allahabad High Court has observed that the title of a retired judge's name remains “Mr. Justice..”. It has been observed that the word “Retired” must not be used as a part of the name of a retired High Court judge.“A retired Judge is not supposed to be referred to as "Hon'ble Mr. Justice ..... (Retired)". The word "Retired" is not to be appended as if it were to the name of...

Allahabad HC Orders Inquiry Into State's Non-Disclosure Of Key Evidence Against Mahant Accused Of Filming Women Taking Bath

The Allahabad High Court has ordered an inquiry against the state police department, office of the Director of prosecution and office of Government Advocate over 'non-disclosure' of material facts and evidence in a case involving a Mahant (Mukesh Giri), who has been accused of secretly filming women while they were taking a bath. Expressing concern over the prosecution's failure...

Allahabad High Court Denies Relief To Choreographer Remo D'Souza In 2016 Cheating Case

Last week, the Allahabad High Court dismissed a quashing petition filed by Bollywood choreographer and Film Director Remo D'Souza in connection with a 2016 cheating case. A bench of Justice Rajeev Misra dismissed his plea, noting that since D'souza had failed to challenge the chargesheet filed against him in the matter, no relief, as he had prayed for, could be...

Abandoning Spouse Without Reason Cruelty, Constitutes Death Of Spirit & Soul Of Hindu Marriage: Allahabad High Court

The Allahabad High Court has held that leaving a spouse in a Hindu Marriage without any justifiable reason amounts to cruelty towards the spouse who has been left alone.The bench comprising Justice Saumitra Dayal Singh and Justice Donadi Ramesh held,“A Hindu marriage is a sacrament and not just a social contract where one partner abandons the other without reason or just cause or existing...

Officers Should Not Pass Such Orders Which Highlight Their Incompetence: Allahabad High Court

The Allahabad High Court has expressed displeasure at the decision of the District Inspector of Schools rejecting the transfer application of an Assistant Teacher despite meeting the criteria for transfer. The application was rejected on grounds that the Headmaster was busy in official work of the DIOS and District Magistrate.Justice Rohit Ranjan Agarwal observed, “this Court...

When Husband Chooses To Live Away From His Parents, Wife's Failure In Taking Care Of Them Does Not Amount To Cruelty: Allahabad High Court

The Allahabad High Court has held that when the husband choses to live away from his parent, mere failure in taking care of his parents does not amount to cruelty.Appellant-Husband approached the High Court against the rejection of the divorce petition by the Principal Judge, Family Court, Moradabad. Husband had filed for divorce alleging cruelty by the respondent-wife as she was not taking...