Allahabad High Court
No Mini-Trial At This Stage: Allahabad High Court Refuses To Discharge Man Booked Over 'Casteist' FB Post Against MP Chandrashekhar Azad
The Allahabad High Court on Tuesday refused to discharge a man accused of posting casteist remarks against Member of Parliament (Nagina Lok Sabha Constituency) Chandrashekhar Azad on Facebook. The bench observed that at the stage of framing of charge, the Court is only required to examine whether a prima facie case exists and not to conduct a “mini-trial”. A bench...
Chinese National Stayed In Jail For 5 Months Despite Bail After Embassy Refused Guarantee Certificate; Allahabad High Court Steps In
The Allahabad High Court last week modified the bail conditions imposed on a Chinese national accused in a GST evasion case after finding that she remained in jail for nearly five months despite being granted bail because the Chinese Embassy refused to issue a guarantee certificate sought under the original bail order. A bench of Justice Samit Gopal passed the order while allowing...
S. 311 CrPC | Material Witnesses Can Be Summoned Even If Their Examination-In-Chief Hasn't Been Conducted: Allahabad High Court
The Allahabad High Court has held that there is no legal bar to summoning material witnesses under Section 311 CrPC merely because their examination-in-chief has not yet been conducted. The bench observed that if the trial court reaches the conclusion that the examination of a witness is necessary, such a witness can be summoned at any stage, prior to the pronouncement of...
Refusal Of Judicial Remand Doesn't Bar Further Investigation Or Taking Cognizance: Allahabad High Court
The Allahabad High Court has held that merely because judicial remand was earlier declined would not by itself preclude the Investigating Officer from conducting further investigation or prevent the court from independently considering the police report at the stage of taking cognizance.A bench of Justice Zafeer Ahmad made the observation while dismissing a criminal appeal challenging an order...
HC Rule Barring Special Appeal Yields To Natural Justice; Appeal Maintainable Against Non-Speaking Single Judge Order: Allahabad High Court
The Allahabad High Court has held that a special appeal is maintainable against a non-speaking order passed by a Single Judge, notwithstanding the bar contained in the Allahabad High Court Rules, 1952. It held that the requirement to record reasons is a facet of natural justice, and that the bar created by Rule 5 must yield to it.Rule 5 of Chapter VIII of the Rules, 1952 bars a special...
Writ Of Mandamus Can't Be Issued For Non-Registration Of Criminal Case, BNSS Provides Efficacious Remedy: Allahabad High Court
The Allahabad High Court has held that a writ of mandamus cannot be issued in favour of a petitioner who is unable to show a legal right in himself and a corresponding public duty cast by law upon the authority. It held that where the grievance is in substance one of non-registration of a criminal case, the petitioner has an efficacious statutory remedy under Chapter XIII of the Bharatiya...
Executive Circular Can't Override Statutory Right Of Primary School Teachers To Salary: Allahabad High Court
The Allahabad High Court has held that Clause 10 of the Circular dated 03.05.1982 issued by the Director of Education (Basic), U.P., being only an executive instruction, cannot cut down the right to salary conferred by Section 10 of the U.P. Junior High Schools (Payment of Salaries of Teachers and other Employees) Act, 1978 on teachers of the primary section of an institution running Classes I...
Administrative Authorities Can't Cancel Registered Sale Deed Even On Allegations Of Impersonation/ Fraud: Allahabad High Court
The Allahabad High Court has reiterated that a sale deed registered under the Registration Act, 1908 cannot be set aside by the registering authority or by any authority invoking administrative powers, even where the registration is questioned on the ground of impersonation or fraud. Relying on the Full Bench decision of the Allahabad High Court in Smt. Kusum Lata v. State of U.P.., the bench...
Contract Doesn't Become “Statutory” Merely Because One Party Is An Instrumentality Of State: Allahabad High Court
The Allahabad High Court has held that a contract does not become a “statutory contract” merely because one of the contracting parties is an instrumentality of the State falling within Article 12 of the Constitution of India. It held that where a party's rights arise only from a purely commercial contract, that does not bar the State entity from floating a tender for competition venture,...
'Can't Step Into Shoes Of Approving Authority': Allahabad High Court Rejects Plea For Railway Concrete Sleeper Plant (CSP) Approval
The Allahabad High Court last week dismissed a writ petition filed by M/s Calcutta Springs Limited seeking approval for its proposed Railway Concrete Sleeper Plant (CSP), holding that the Court cannot direct the grant of approval where the statutory process requires technical evaluation by the competent authority. A Bench of Justice Shekhar B Saraf and Justice Abdhesh Kumar...
Why Were Cops 'Mute Spectators'? Allahabad High Court Questions Lucknow Police Over Alleged Inaction During Lawyers' Rampage
The Allahabad High Court (Lucknow Bench) on Wednesday came down heavily on the conduct of the police personnel while hearing a Public Interest Litigation (PIL) plea concerning an incident in Lucknow in which persons allegedly dressed as advocates were accused of trespass, vandalism and hooliganism in the presence of police personnel.Questioning the apparent inaction of the Lucknow...