Is Acceptance Of Apology Enough To Purge Contempt? Allahabad High Court Explains Why Punishment Can Still Be Awarded

Interpreting Section 12 of the Contempt of Courts Act 1971, the Allahabad High Court has clarified that while an apology made by a contemnor may be accepted by the court, the same does not automatically purge the contempt or discharge the contemnor. Dealing with the recall and apology plea of an advocate facing criminal contempt for making scandalous allegations against the court, a...

VRS Application Must Be Processed Notwithstanding Pending Misconduct Charges If Employee Is Medically Unfit To Face Inquiry: Allahabad High Court

A Division bench of the Allahabad High Court comprising Justice Manoj Kumar Gupta and Justice Siddharth Nandan held that an employee's application for VRS (voluntary retirement) must be processed without regard to pending misconduct charges when a medical condition renders a disciplinary inquiry impossible. Background Facts The employee was a Technician Grade-II with...

UP Police Officer Can't Resign Without Mandatory 2-Month Notice Under Statutory Regulations: Allahabad High Court

The Allahabad High Court has held that where a Police Officer seeks resignation, they must provide the department with the mandatory two-month notice period mandated by Regulation 505 of the U.P. Police Regulations read with the Police Act, 1961. Justice Vikas Budhwar held that non-compliance with the aforementioned provisions would render the resignation defective.The petitioner was appointed...

Restraint Must Be Exercised In Passing Adverse Remarks Against Subordinate Judicial Officers While Hearing Appeals: Allahabad High Court

Recently, the Allahabad High Court has observed that in exercise of appellate powers, Courts must exercise caution and restraint in recording acerbic remarks against subordinate judicial officers.“We concede that the court has the inherent power to act freely upon its own conviction on any matter coming before it for adjudication, but it is a general principle of the highest importance to...

Why Allahabad High Court Said District Courts, Advocates Sometimes Misinterpret SC's 'Satender Kumar Antil' Verdict?

In an order passed on Monday, the Allahabad High Court expressed concern that district courts and advocates sometimes misinterpret the Supreme Court's judgment in Satender Kumar Antil vs Central Bureau of Investigation LL 2021 SC 550, leading to confusion in bail proceedings. A bench of Justice Arun Kumar Singh Deshwal noted that the Supreme Court's directions in Satender Kumar Antil...

'IOs Must Get Viscera Reports Within Time': Allahabad High Court Directs State Secy, DGP To Ensure Timely Communication From FSLs

The Allahabad High Court last week expressed strong concern over the delay in transmitting viscera reports from Forensic Science Laboratories (FSL) to investigating agencies as it termed the lapse 'disturbing'. A bench of Justice Samit Gopal directed the Chief Secretary, Director General of Medical Health and Director General of Police to look into the situation and ensure that...

Allahabad High Court Divided On Advocate's Conviction For Killing Wife In 1991; One Judge Acquits, Other Confirms Life Term

A Division Bench of the Allahabad High Court on Monday delivered a split verdict in a 29-year-old criminal appeal filed by a Fatehpur-based advocate convicted for murdering his wife in 1991 as she allegedly refused to transfer money and property to his name While Justice Salil Kumar Rai noted that the prosecution failed to prove the charge of murder beyond a reasonable doubt...

CENVAT Rules Cannot Apply Retrospectively To Concluded MODVAT Proceedings: Allahabad High Court

Recently, the Allahabad High Court has held that where proceedings under the MODVAT (Modified Value Added Tax) Scheme had concluded prior to the introduction of the CENVAT (Central Value Added Tax) Rules, it would not be open to the revenue department to issue fresh notices against the assessee under the new scheme. The MODVAT scheme, allowing manufacturers a tax credit on input duties,...

Justice Atul Sreedharan Takes Oath As Judge Of Allahabad High Court

Justice Atul Sreedharan today took oath as judge of the Allahabad High Court. The oath of office was administered to him by Chief Justice Arun Bhansali. After this development, the strength of judges at the Allahabad High Court has risen to 110. The sanctioned strength of judges at the HC is 160. Justice Sreedharan was earlier serving as judge of the Madhya Pradesh High Court....

Allahabad High Court Stays Arrest Of 'Kalaari Capital' MDs Vani Kola & Rajesh Raju In Cheating Case

The Allahabad High Court has granted interim protection from arrest to Managing Directors of Kalaari Capital [Vani Kola & Rajesh Raju] in a cheating, criminal breach of trust and forgery case. The relief has also been extended to Kalaari's ex-partner, Kiran Vasireddy. A bench of Justice Ajay Bhanot and Justice Garima Prashad passed the order in a criminal writ petition filed by...

Allahabad High Court Grants Protection From Arrest To Hairstylist Jawed Habib, Son In Alleged Multi-Crore Fraud Case

The Allahabad High Court on Monday granted interim protection from arrest to well-known hairstylist Jawed Habib and his son Anosh Habib in connection with an alleged case of multi-crore investment fraud. The Court has directed that no coercive action be taken against them until the police conclude the investigation and file a chargesheet. A Bench of Justice Siddhartha Varma...

Allahabad High Court Refuses Relief To Advocate Facing Contempt For Alleging Judge Was 'Dishonest' & Lacked 'Probity'

The Allahabad High Court recently refused to recall its order referring the case of an Advocate to the Division Bench for initiation of criminal contempt against him after he filed a written submission accusing the Court of bias, dishonesty and lack of 'probity' during the hearing of a bail application. Though a bench of Justice Siddharth accepted the Advocate's unqualified apology,...