Allahabad High Court
Writ Petition Not Maintainable Against Private Bodies Under Insolvency Unless It Be In Discharge Of Public Duties: Allahabad High Court
Recently, the Allahabad High Court has held that a writ petition under Article 226 of the Constitution of India is not maintainable against a private company under insolvency in a contractual dispute unless it be the breach of some law or a statutory rule.“The interim Resolution Professional just represents the Company and in no way changes its character or the rights relating to the contact...
Student Declaring That He Read Info Available Online Can't Claim Violation Of Natural Justice: Allahabad HC Upholds Cancellation Of Admission
The Allahabad High Court has held that a student who has made a declaration that he has read information available online cannot claim violation of principles of natural justice at the time of admission cancellation based on the rules stated in the brochure which was available online with the form.Petitioner-appellant was granted provisional admission and allotted a roll number in MA...
'Unfortunate That He Remained In Jail For 12 Years Despite Lack Of Evidence': Allahabad HC Acquits Murder-Rape Convict
While acquitting a man convicted by a trial for the murder and rape of an 11-year-old girl, the Allahabad High Court recently termed it as “unfortunate” that despite there being no evidence against the accused-appellant, he had been forced to remain in jail for over twelve years. A bench of Justice Ashwani Kumar Mishra and Justice Mohd. Azhar Husain Idrisi also noted...
Allahabad HC Temporarily Restrains 2 Women From Publishing Claims Of Daughter & Wife Relation With Actor Ravi Kishan
The Allahabad High Court has temporarily restrained two women (25-year-old 'Shinova' and 54-year-old 'Aparna') from publishing any fresh claim that they are the daughter and wife of actor and BJP Member of Parliament Ravi Kishan. A bench of Justice Alok Mathur passed this order on a plea filed by Kishan's wife who had moved the HC challenging last week's order of a Civil Court in...
Victim's Testimony 'Unreliable', She Appears To Be A Consenting Party: Allahabad High Court Acquits Man In 1984 Rape Case
Citing the unreliability of the victim's testimony, the Allahabad High Court last week acquitted a man who had been found guilty by the trial court (in 1986) of raping an alleged minor girl in January 1984 and was sentenced to undergo 10 years of rigorous imprisonment. A bench of Justice Mohd. Faiz Alam Khan observed that the trial court had committed patent illegality in accepting...
Statement Of Contractor Without Supporting Material Not Enough To Declare Transaction Benami: Allahabad HC Quashes Benami Transaction Proceedings
The Allahabad High Court has held that mere statement of the contractor doing construction work cannot be relied upon to declare such construction as benami transaction under the Prohibition of Benami Property Transactions Act, 1988. The Court held that “reasons to believe” in Section 24(1) of the Act must be based on cogent and relevant material.Section 24(1) of the Prohibition of...
Arbitration Act Aims For Speedy Redressal, Delay In Filing Appeal Can Only Be Allowed If Party Makes Very Strong Case For Delay: Allahabad High Court
The Allahabad High Court single bench of Justice Shekhar B Saraf held that the Arbitration Act is a legislation for speedy redressal. Therefore, the delay in filing the appeal can only be allowed if the Appellant makes out a very strong case and explains the reasons for the delay. The High Court held that the Appellant didn't provide specific reasons for the delay or provide any document...
Cyber Crime | Bank Officials Under An Obligation To Cooperate In Criminal Investigations: Allahabad High Court
The Allahabad High Court has observed that bank officials must cooperate fully in criminal investigations of cybercrimes. “Bank officials are expected to be law-abiding citizens who are under an obligation of law to cooperate in criminal investigations being conducted by the police,” a bench of Justice Ajay Bhanot observed while allowing a second bail plea filed by one Alok Jha,...
Persons With Criminal Background Pollute Election Process; If Elected, They Pose A Serious Threat To Democratic System: Allahabad HC
While granting bail to former MP Dhananjay Singh in connection with a kidnapping and extortion case (of a Namami Gange project manager), the Allahabad High Court took a strong stance on the issue of candidates with criminal backgrounds participating in elections. In its 35-page order refusing to stay his conviction, Justice Sanjay Kumar Singh also highlighted the dangers posed...
Allahabad HC Grants Bail To Ex-MP Dhananjay Singh In Abduction & Extortion Case, Refuses To Stay Conviction
The Allahabad High Court on Saturday granted bail to former MP Dhananjay Singh in connection with a kidnapping and extortion case (of a Namami Gange project manager). The Court, however, refused his plea to suspend or stay his conviction. Singh and his associate Santosh Vikram Singh were sentenced to 7 years imprisonment by an MP/MLA court last month. Challenging their conviction,...
Allahabad HC Mulls To Initiate Suo Moto PIL Over Non-Execution Of Recovery Certificates Issued By RERA
The Allahabad High Court has called for a personal affidavit of the District Magistrate, Lucknow, for the non-execution of recovery certificates issued by the Real Estate Regulatory Authority (RERA). The Court observed that several cases have been filed and orders passed by the High Court; however, no mechanism for dealing with the execution certificates issued by the RERA has been put...
Service As Work Charge Later Regularized Can Be Considered For Qualifying Service For Pension, Not For Computation Of Pension: Allahabad High Court
The Allahabad High Court has held that services rendered by an employee as a daily wager cannot be taken as qualifying service for pension/ calculating pension amount. It has been held that when employee was rendering services as work charge and was later regularized, period served as work charge must be counted for qualifying services for pension. The bench comprising of...