Allahabad High Court
S. 125 CrPC | Earning Lady Able To Maintain Herself Not Entitled To Maintenance From Husband : Allahabad High Court
The Allahabad High Court recently observed that a wife is not entitled to maintenance under Section 125 CrPC if she is gainfully employed and earning a sufficient salary to maintain herself. A bench of Justice Madan Pal Singh thus set aside a Family Court order directing a husband to pay Rs. 5K as maintenance to his wife merely to "balance the income" and to equalise status between...
Suspecting Custodial Death Of Man Missing Since 2018, Allahabad High Court Converts Habeas Plea To Criminal Writ; Slams DGP
Expressing deep concern regarding the disappearance of a man missing from police custody since 2018, the Allahabad High Court on Tuesday observed that the matter may effectively be a case of "custodial death, where the policemen have murdered the missing man." Unconvinced by the explanation offered by the Uttar Pradesh Director General of Police (DGP), a Division Bench of Justice JJ...
Allahabad High Court Orders Status Quo On Demolition Of SP Leader's Bareilly Marriage Hall, Directs BDA To Decide Compounding Plea
In a relief for the Samajwadi Party leader who owns "Aiwane-e-Farhat" in Bareilly, a banquet hall, the Allahabad High Court on Wednesday restrained the Bareilly Development Authority (BDA) from carrying out any further demolition of the residential structure and marriage hall. A bench of Justice Mahesh Chandra Tripathi and Justice Kunal Ravi Singh directed the parties to maintain...
School TC Not A 'DOB Certificate' U/S 94 JJ Act; Habeas Plea Against 'Mechanical' CWC Order Maintainable: Allahabad High Court
The Allahabad High Court has held that a mere School Transfer Certificate (TC) or an entry in an admission register of the school does not satisfy the requirement of a "date of birth certificate from the school" under Section 94 of the Juvenile Justice (Care and Protection of Children) Act, 2015. A Bench of Justice Salil Kumar Rai and Justice Zafeer Ahmad observed thus while...
Allahabad High Court Issues Show Cause Notice For Contempt To SP, CWC Chairperson For 'Detaining' Woman Despite Stay On Arrest
The Allahabad High Court on Wednesday issued show cause notices for civil contempt to the Superintendent of Police (Mau), the Station House Officer (Maduban) and the Chairperson of the Child Welfare Committee (CWC), Mau, for taking a woman into custody despite a specific HC order staying her arrest. A bench of Justice JJ Munir and Justice Sanjiv Kumar observed that any kind of action...
Missing UP Cop Dead? : Allahabad High Court Converts Habeas Plea To Criminal Writ, Flags 'Suspicion' Over Dysfunctional CCTVs
In a grim turn of events surrounding the disappearance of a suspended Uttar Pradesh Police Officer, the Allahabad High Court on Wednesday observed that Aligarh Sub-Inspector Anuj Kumar "apparently has met with a gory fate". Noting that the matter involves 'serious' and 'grave' issues, the HC directed the conversion of his mother's habeas corpus petition into a Criminal Miscellaneous...
PC Act | Washing Of Hands & Sealing Of Bribe Must Be Done At Spot, Not Police Station: Allahabad High Court Orders DGP To Issue Directions
The Allahabad High Court recently observed that the sanctity of trap proceedings in corruption cases is compromised if the washing of hands of the accused and complainant and the sealing of the recovered bribe money are done at the police station instead of the spot where the trap was allegedly executed. Taking serious exception to the "casual manner" in which investigations under...
'Insult To Majesty Of Law' : Allahabad High Court Denies Relief To Husband Accused Of Filing 'Forged' Bank Statements In Maintenance Case
The Allahabad High Court recently dismissed a petition seeking to quash criminal proceedings against a man accused of filing forged allegedly to understate his financial capacity in the maintenance proceedings. The Court observed that filing a forged document is a 'direct assault' on the principle of maintaining the integrity of the judicial process and constitutes an "insult to...
'Seek Instructions From Police Stations Promptly': DG Prosecution Issues Pan-UP Directive To Prosecutors After High Court Order
In a move aimed at overhauling the coordination between the police and prosecution machinery across UP, the Director General (Prosecution) in Uttar Pradesh last month issued a strict circular directing all Prosecuting Officers to ensure that instructions from police stations reach trial courts without delay. The directive was issued following an intervention by the Allahabad High...
Centre Releases Ex-Gratia But UP Govt Says 'No Proof' Of Rly Accident: Allahabad HC Terms Denial Of Relief To Orphan 'Mockery Of Policy'
In a scathing indictment of administrative insensitivity, the Allahabad High Court recently pulled up the Uttar Pradesh state authorities for denying ex-gratia compensation to a minor orphan whose parents died in a railway accident. The state authorities denied relief citing "lack of proof" of death even though the Central Government had already verified the claim and released its...
NOC From Previous Counsel Only A Matter Of 'Good Practice'; Duly Authorized New Advocate Can Press Bail Without It: Allahabad High Court
The Allahabad High Court (Lucknow Bench) recently clarified that obtaining a 'No Objection Certificate' (NOC) from a previous counsel is merely a matter of "good practice" and not a pre-requirement for the purposes of hearing in a criminal case. A Bench of Justice Rajesh Singh Chauhan and Justice Abdhesh Kumar Chaudhary added that a new counsel who is duly authorized by his client...
SC/ST Act Not To Be 'Misused': Allahabad HC Grants Bail In FIR Filed After 9-Year Delay, Flags Rape Victim's 'Inappropriate' Conduct
Gratin bail to two accused in the FIR involving allegations of rape and offences under the SC-ST Act 1989, the Allahabad High Court recently observed that the rights granted to a victim under the special legislation "should not be misused and abused". A Bench of Justice Anil Kumar-X granted bail to appellants [Aznan Khan and Furkan Ilahi], primarily factoring in the unexplained delay of...