Allahabad High Court
Allahabad HC Dismisses Shooter Vartika Singh's Plea Challenging Dismissal Of Her Defamation Complaint Against Union Minister Smriti Irani
The Allahabad High Court last week dismissed International Shooter Vertika Singh's plea challenging Sultanpur Special MP/MLA Court's October 2022 order rejecting her defamation complaint against Union Cabinet Minister for Women & Child Development, Smriti Zubin Irani. A Bench of Justice Mohd Faiz Alam observed that the trial court had given cogent reasons for not summoning Irani...
CPC Not Exhaustive; Where Code Is Silent About A Procedural Aspect Court's Inherent Power U/S 151 Can Come To Its Aid: Allahabad HC
Last month, while effectively allowing the puja to continue in Vyas-Tehkhana underneath the Gyanvapi Mosque in UP's Varanasi District, the Allahabad High Court, while interpreting Section 151 of the CPC, observed thus: “As the Code of Civil Procedure is not exhaustive, the simple reason being that the Legislature is incapable of contemplating of all the possible circumstances which...
Denied Rs 165 Per Month Salary, Allahabad High Court Orders Payment Of Rs 1 Lakh To "Full Time" Peon After 14 Yrs
The Allahabad High Court on Wednesday awarded a salary plus cost of Rs. 1 Lakh to a peon working in school operated by District Basic Education Authorities, as she had been denied her full salary despite working full time as peon.Petitioner had approached the High Court in 2010 seeking full salary as she was only paid Rs. 15 per month despite the salary being Rs. 165 per month. The...
Allahabad High Court Issues Modalities On Intimation Of Police Reports To Passport Applicants With Pending Criminal Proceedings
The Allahabad High Court has issued modalities to be followed by Regional Passport Offices in the State of Uttar Pradesh on intimation of police reports to applicants with pending criminal 'proceedings' seeking for issuance of fresh passport, renewal or re-issue of passports.Section 6 of the Passports Act, 1967 provides for situations where issuance of passport to a citizen can be...
Allegations On Arbitrator's Independence Under Item 24 Of 5th Schedule Of Arbitration Act Is Not Automatically A Ground For Disqualification: Allahabad High Court
The Allahabad High Court single bench of Justice Rajnish Kumar held that the allegation under Item No. 24 of the Fifth Schedule of the Arbitration and Conciliation Act, 1996 doesn't automatically disqualify the arbitrator without disclosing any specific relationship between the arbitrator and the party. Item No.24 of the Fifth Schedule states that doubts about an arbitrator's independence...
JJ Act | 'All CWC's Orders Excluding Decisions On 'Foster Care' & 'Sponsorship After Care' Are Appealable In Children's Court': Allahabad HC
The Allahabad High Court has observed that an appeal against all the orders passed by the Child Welfare Committee, except where the order has been passed relating to foster care or sponsorship of foster care, shall lie to the children's court as per Section 101 of the Juvenile Justice Act 2015 and not to the District Magistrate.A bench of Justice Jyotsna Sharma observed thus while noting that...
Allahabad HC Extends Interim Protection Granted To MP Asaduddin Owaisi In Case Over 'Criticising' SC's 2019 Ram Janmabhumi Verdict
The Allahabad High Court on Tuesday extended the interim protection granted last year to AIMIM chief and MP Asaduddin Owaisi till further orders in a criminal case over his alleged controversial statements on the 2019 Ram Janmabhoomi verdict of the Supreme Court Of India.The complaint case pending against him before the Siddharthnagar Court under Sections 153-A, 295-A, 298 IPC pertains to...
Lucknow-Akbarnagar Demolitions | 'Provide EWS Accommodation To All Slum Dwellers, Shift Them By March 31': Allahabad HC To UP Govt
In a significant relief for the slum dwellers of the Akbarnagar area of the Lucknow District, the Allahabad High Court has directed the State Government to ensure that all persons being rehabilitated from Akbar Nagar slums and applying for EWS accommodation, be provided such an accommodation and the entire process of shifting be completed by March 31st.Noting that those applying for...
Allahabad High Court Elucidates Ambit Of 'Exception' In The 'Bail Is Rule, Jail Is Exception' Principle Of Criminal Jurisprudence
The Allahabad High Court recently provided clarity on the scope of "Exceptions" within the "Bail is the rule and Jail is an exception" principle of Criminal Jurisprudence. These exceptions are circumstances where the general rule of granting bail is overridden due to specific factors."These exceptions might include concerns about flight risk, potential danger to the community, the likelihood...
'Decide Prosecution's Plea To Withdraw Abduction Case Against Kunda MLA Raja Bhaiya Afresh': Allahabad HC Directs MP/MLA Court
The Allahabad High Court has directed a Special Judge MP/MLA/ Civil Judge (SD), Pratapgarh to decide afresh a plea moved by a Public Prosecutor seeking to withdraw an abduction and attempt to murder case against Kunda MLA Raghuraj Pratap Singh (Raja Bhaiya), MLC Akshay Pratap Singh and others.The order was passed by a bench of Justice Subhash Vidyarthi on an application moved by Raja...
Conditions Of Remand Not Followed, Allahabad High Court Sets Aside Arbitral Award Under NHAI Act In Writ Jurisdiction
The Allahabad High Court has held that existence of an alternate remedy is not a bar to exercising jurisdiction under Article 226 of the Constitution of India.While exercising writ jurisdiction under Article 226 of the Constitution of India, the Court set aside an arbitral award passed by the District Magistrate/Collector, Jhansi acting as an Arbitrator under Section 3G(5) of the...
Writ Jurisdiction Discretionary, To Be Exercised For Petitioners Acting In Good Faith, With Clean Hands: Allahabad High Court
While dealing with a petition against cancellation of GST registration, the Allahabad High Court held that writ jurisdiction under Article 226 of the Constitution of India can only be exercised for a petitioner who has approached the Court in good faith and with clean hands. The Court held that once there is concealment of facts, writ petition is liable to be dismissed without any relief to...