Father Forcibly Taking Custody Of Child Not 'Illegal Detention' Unless It Is In Violation Of Court Order: Allahabad High Court

The Allahabad High Court has observed that a father, being a natural guardian of a Hindu Minor, cannot be said to 'illegally detain' a child even if he forcibly takes the custody from the mother, unless such an act is in violation of an order of a Court.A bench of Justice Anil Kumar-X thus dismissed the mother's habeas corpus petition as non-maintainable. The petitioner had claimed that...

Evidentiary Value Of Handwriting Expert's Report Will Depend On Facts And Circumstances Of Each Case: Allahabad High Court

The Allahabad High Court has held that the evidentiary value of report of handwriting expert depends on facts and circumstances of each case.Justice Vikram D. Chauhan held“In disciplinary proceedings, the question to be probed is targeted towards finding as to whether the employee is guilty of misconduct as would merit punishment. The standard of proof is based on preponderance of...

Birth Certificate Issued Under Registration Of Births And Deaths Act Binding Unless Cancelled Or Forgery Is Proved: Allahabad High Court

The Allahabad High Court has held that the birth certificate issued under Registration of Births and Deaths Act, 1969 is valid and binding unless it is cancelled or forgery of the same is proved. While dealing with a case of admission in class VI, Justice Siddharth Nandan held “unless and until, a document which has been issued under a statutory provision, is either cancelled or an element...

UP Gangsters Act | 'Thinks Small Of Law': Allahabad HC Seeks DM's Explanation For Skipping Mandatory Joint Meeting

The Allahabad High Court recently slammed Mirzapur District Magistrate Pawan Kumar Gangwar for skipping a mandatory joint meeting required to approve a gang chart under the UP Gangsters Rules, 2021. Taking serious note of his absence, a bench of Justice JJ Munir and Justice Tarun Saxena remarked that, prima facie, the officer "thinks small of the law and does not at all care about it, as...

'Youth Thrusting Religion On Others A Disturbing Trend': Allahabad HC Denies Relief To School Girl In Anti-Conversion FIR

The Allahabad High Court today refused to quash an FIR lodged against 2 class XII Students accused and booked under the UP Anti-Conversion Law for allegedly forcing their classmate to wear a burqa and attempting to convert her to Islam.In its 11-page order, a bench of Justice JJ Munir and Justice Tarun Saxena also took note of the 'disturbing trend' of young people 'thrusting'...

Advocates Act | Only Enrolled Advocates Can Practise Law; Power Of Attorney Holders Can't Plead As A Matter Of Right: Allahabad HC

The Allahabad High Court has categorically held that a person, even if holding a Power of Attorney, cannot appear and plead as a pleader or attorney for and on behalf of litigants as a matter of right in defiance of the provisions of the Advocates Act, 1961. Referring to Sections 29 and 33 of the Advocates Act 1961, a bench of Justice Vinod Diwakar effectively held that only...

No Person Can Demand Investigating Officer Of Their Choice Or From A Specific Caste Or Community: Allahabad High Court

The Allahabad High Court has observed that no person can seek a direction that the Investigating Officer in a particular case must be of his own choice or that he must belong to a specific caste or community.Stating that such demands are impermissible under law, a bench of Justice Abdul Shahid stayed the criminal proceedings in an SC-ST Act case in which the complainant sought a fresh...

Allahabad High Court Grants Bail To Man Accused Of Operating Fake Embassy, Posing As 'Consul'

The Allahabad High Court recently granted bail to a 49-year-old man accused of operating a fake embassy in Ghaziabad and running a 'Consulate' while claiming himself to be a 'Royal Advisor'.Considering the fact that a charge sheet has been filed and further custodial interrogation of the accused is not required, a bench of Justice Ashutosh Srivastava granted bail to the applicant,...

Advocate Can't Become A PIL Petitioner To Advance Cause Of Clients; May Amount To Professional Misconduct: Allahabad HC

The Allahabad High Court recently observed that an advocate who is approached by his clients for redressal of the grievance cannot be permitted to become a petitioner and file a Public Interest Litigation (PIL) plea advancing the cause of his clients.Noting that this conduct may amount to professional misconduct, a bench of Chief Justice Arun Bhansali and Justice Kshitij Shailendra dismissed...

Access To Electricity A Fundamental Right U/Art 21: Allahabad HC Comes To Aid Of Daughter-In-Law Seeking Power Connection

Stressing that securing an electricity connection is a Fundamental Right guaranteed under Article 21 of the Constitution of India, the Allahabad High Court recently directed state authorities to process an application filed by a daughter-in-law for a new domestic connection amidst a matrimonial dispute. A bench of Justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary passed the order on...

Disturbing Trend; IOs Acting Under Pressure: Allahabad HC Slams 'False' FIRs Under 'UP Unlawful Conversion Act'

The Allahabad High Court on Monday strongly condemned a "disturbing trend" of false FIRs being lodged in the state under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. Observing that FIRs are being lodged "left and right" under the 2021 law, which subsequently turn out to be fallacious, the Court directed the Additional Chief Secretary (Home) of the state to file...

'Those Who Twisted My Speech Were At Fault, Not Me': Allahabad HC's Justice Shekhar Yadav Retires Amid Pending Impeachment Motion

Allahabad High Court judge Justice Shekhar Kumar Yadav, whose controversial remarks at a public event in December 2024 prompted an impeachment motion against him, RETIRED TODAY. Addressing the Full Court reference held in his honour, Justice Yadav clarified that the words of his speech at the event organised by the legal cell of the Vishva Hindu Parishad (VHP) in Prayagraj were twisted and...