Allahabad High Court
Allahabad High Court Quashes Criminal Complaint Against Future Group CEO Kishore Biyani Concerning A Commercial Transaction
In a relief to the founder and Group CEO of Future Group, Kishore Biyani, the Allahabad High Court on Tuesday quashed criminal proceedings including a summoning order and a Non-Bailable Warrant issued against him in connection with a case related to a commercial transaction.A bench of Justice Mayank Kumar Jain passed this order on Biyani's application under Section 482 CrPC challenging...
Can All Accused Cross-Examine A Witness Recalled After Addition Of Another Accused U/S 319 CrPC?: Allahabad HC Explains
The Allahabad High Court on Thursday clarified that when a witness is recalled after another person has been added as an accused under Section 319 of the CrPC, the examination of that witness is limited to the newly added accused only. In other words, the HC held that only the accused who has been summoned under Section 319 CrPC has a right to cross-examine a witness and the persons...
Mandatorily Pass Order Asking Parties To File 'Disclosure Of Assets & Liabilities' Affidavit In Maintenance Proceedings: Allahabad HC To Judicial Officers
The Allahabad High Court on Tuesday directed all the Judicial Magistrates as well as Presiding Officers of Family Courts in the state, dealing with maintenance proceedings, to mandatorily pass a specific order directing the parties to file their affidavit of disclosure of assets and liabilities in compliance with the directions given by the Apex Court in the case of Rajnesh v. Neha and...
Personal Loan EMI A Part Of Husband's Net Monthly Income For Purposes Of Determining Maintenance Payable To Wife U/S 125 CrPC: Allahabad HC
The Allahabad High Court on Wednesday observed that while determining the monthly maintenance allowance payable to the wife under section 125 CrPC, the payment made by the Husband towards the monthly instalment of personal loan has to be added to his net monthly income.The bench of Justice Surendra Singh-I added that merely on the ground that a wife is a BA degree holder and has done...
Senior Executive Of GAIL Found Unauthorisedly Recording Court Proceedings, Allahabad HC Judge Releases Case
On Tuesday, a Senior Executive of GAIL was found recording the entire court proceedings on his mobile phone while the sales tax revisions were being heard by Justice Shekhar B. Saraf.During the proceedings, when it was found that the officer was recording the proceedings, his phone was confiscated by the Court. The Bench Secretary was directed to delete the recording from the mobile phone....
Customs Act | “Reason To Believe” For Confiscation Of Goods Must Be Based On Credible Material: Allahabad High Court
The Allahabad High Court has held that for natural products that are also grown inside India, presumption cannot arise that they have been smuggled. The Court held for assuming jurisdiction in such cases, the custom authorities must show that credible material exists to give rise to “reason to believe” to empower them to confiscate the goods under the Customs Act, 1962.“Curtailment of...
High Court Cannot Grant Stay During Pendency Of Appeal When Stay Application Is Also Pending Before Appellate Authority: Allahabad HC
Last week, a division bench of the Allahabad High Court set aside the order of a Single Judge granting a blanket stay on the order passed by Assistant Collector, Ist Class, Tehsil - Obra, District - Sonbhadra under Section 134 of the UP Revenue Code, 2006. The Court held that the stay could not have been granted as the stay application was pending before the Commissioner.Respondent filed a...
Advocate Prepared False Affidavit? Allahabad High Court Seeks Verification From Oath Commissioner's Register Regarding Deponent's Presence
The Allahabad High Court on Monday sought a report from the Senior Registrar of the Court after verifying whether the petitioner was present before the Oath Commissioner when the alleged affidavit was sworn in giving an undertaking that he would be vacating premises.In a separate proceeding before the High Court, the then counsel for petitioner submitted an undertaking stating that the...
Public Toilets 'Scam' | Allahabad HC Sets Aside Barabanki CJM's Order Taking Cognizance Of 'Criminal Conspiracy' Offence Against CDO & SP
The Allahabad High Court last week set aside an order of the court of Chief Judicial Magistrate in Barabanki district by which cognizance of the offence under 120B IPC (criminal conspiracy) was taken against the then Chief Development Officer (CDO) and the Superintendent of Police (SP) of the district in connection with the alleged scam in the construction of public toilets. The order...
Supreme Court Collegium Recommends 5 Additional Judges Of Allahabad High Court To Be Made Permanent
The Supreme Court Collegium on Tuesday recommended that five Additional Judges of the High Court of Judicature at Allahabad, be appointed as permanent Judges. They are: Justice Saurabh Srivastava, Justice Om Prakash Shukla, Justice Mohd. Azhar Husain Idrisi, Justice Jyotsna Sharma, and Justice Surendra Singh-I. On 1 May 2023, the Collegium of the High...
Tenant's Right To Basic Amenities Like Electricity Subject To Him Being Authorized 'Occupier': Allahabad High Court
The Allahabad High Court has held that a legal and authorized occupier of a premises including a tenant cannot be deprived of basic amenities like electricity connection. However, the Court observed that this right to basic amenities is subject to other facts and circumstances.Reading the definition of 'occupier' in Section 2(oo) of U.P. Revenue Code, 2005, the Court held that an occupier must...
A Person Can't Be In An Illicit & Live-In Relationship As Per Hindu Law If His/Her Spouse Is Alive: Allahabad High Court
The Allahabad High Court has recently held that as per the Hindu Law, a person having a spouse alive cannot live in an illicit and live-in relationship in contravention of the provisions of the law. A bench of Justice Renu Agarwal observed thus while dismissing a protection plea filed by a live-in relationship couple cohabiting with each other without divorcing their spouses."The court could...