Allahabad High Court
National Security Act | Period Of Detention In Confirmatory Order Can't Be Extended By Review, Fresh Orders Needed For Further Detention: Allahabad HC
The Allahabad High Court has held that the period of detention prescribed in the confirmatory order passed by the State Government under Section 12 (1) of the National Security Act, 1980 cannot be reviewed or extended by reviewing such order.The Court held that for detaining the person any further, a fresh detention order needs to be passed under Section 3(2) of the Act and such order has to...
Compliance Of Section 21 Of Arbitration & Conciliation Act, 1996 Is Mandatory: Allahabad High Court
The Allahabad High Court has held that the compliance of Section 21 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) is mandatory. Thus, arbitral proceedings would only commence once the notice invoking arbitration issued by the claimant is received by the respondent.The Bench comprising Justice Manju Rani Chauhan was adjudicating a writ petition filed under Article 226...
Allahabad High Court Monthly Digest: January 2024
NOMINAL INDEX Ramesh Alias Mehandi Hasan vs. State Of U.P. And 3 Others 2024 LiveLaw (AB) 1 Kapil Dev Yadav vs. State Of U.P. And 3 Others 2024 LiveLaw (AB) 2 Lakshmi Poddar @ Shikha Poddar And Another vs. State of U.P. and Another 2024 LiveLaw (AB) 3 M/S Mgs Palace v. State Of U.P. And 4 Others 2024 LiveLaw (AB) 4 M/S Flavuro Foods Pvt. Ltd. vs. Official...
Allahabad High Court Weekly Roundup: February 12 - February 18, 2024
NOMINAL INDEX Smt Usha Verma And Another vs. State Of U.P. And 3 Others 2024 LiveLaw (AB) 80 Ashok Sharma vs. State of U.P. and Another 2024 LiveLaw (AB) 81 Satyapal And Anr. vs. State of U.P. 2024 LiveLaw (AB) 82 Rajendra vs. State of U.P. and Another 2024 LiveLaw (AB) 83 2024 LiveLaw (AB) 84 Durga Prasad vs. State 2024 LiveLaw (AB) 85 Dhirendra And 2 Ors vs. State...
Non-Appearance Of Advocate For His Client Amounts To Professional Misconduct: Allahabad High Court
Observing that advocates are not appearing in the majority of listed cases that too on multiple dates, the Allahabad High Court on Tuesday said that the non-appearance of a counsel for his client amounts to professional misconduct and also tantamount to bench hunting or forum shopping. A bench of Justice Krishan Pahal observed thus while dismissing an anticipatory bail plea filed by...
Property Purchased By Hindu Husband In Homemaker Wife's Name Is Family Property: Allahabad High Court
The Allahabad High Court has held that a property purchased by husband in the name of wife who is a homemaker and has no independent source of income is a family property. The Court held that it is common and natural in Hindu husbands to purchase properties in the name of their wives.While dealing with son's claim for declaration of co-ownership of deceased father's property, Justice Arun...
Allahabad HC Pulls Up State Counsels For Filing Substandard Counter Affidavits, Directs Framing Of Effective Practice For Drafting Replies
On Monday, the Allahabad High Court expressed dissatisfaction with the quality/adequacy of the counter-affidavits filed by the State Government counsels in various pending matters. Pulling up the state counsels for their inability to file 'up to the mark' counter-affidavits, a bench of Justice Manju Rani Chauhan directed the concerned official authorities of the state to develop...
What Constitutes 'Prima Facie Satisfaction' Of Magistrate To Issue Process Against An Accused U/S 204 CrPC?: Allahabad HC Explains
The Allahabad High Court on Tuesday explained what constitutes a 'prima facie case' or 'prima facie satisfaction' and when it can be said to have been made out before a Magistrate proceeds to summon/issue process against an accused under section 204 CrPC. A bench comprising Justice Jyotsna Sharma observed that before issuing a process against an accused, the Magistrate has to...
Suspended Principal Can't Take Part In Recruitment Process, Selection Committee Comprising Officiating Principal Competent: Allahabad High Court
The Allahabad High Court has held that a suspended principal of a college cannot take part in any selection or recruitment process. The Court held that in absence of any challenge to the appointment of Officiating Principal, the appointments made in his presence in the selection committee cannot deemed to be invalid.The bench comprising of Justice Ashwani Kumar Mishra and Justice Syed Qamar...
Police Line Campus Is A Sensitive Place, Public Shouldn't Be Allowed Entry Sans Valid Permission: Allahabad High Court
The Allahabad High Court has recently observed that the campus of the police line is a sensitive place where the Armory, District Wireless Control Room Cyber Control Room, etc. are situated, and therefore, the public at large should not be allowed in the premises without valid permission of Superintendent of Police of the District. The bench of Justice Rajeev Singh made...
Allahabad HC Grants Relief To Wasim Rizvi In Case Over Making 'Derogatory' Remarks Against Sunni Muslims In 'Ram Ki Janmabhoomi' Movie
The Allahabad High Court last week granted relief to former Uttar Pradesh Shia Central Waqf Board chairman Wasim Rizvi (now Jitendra Tyagi) in an FIR lodged against him for allegedly making derogatory remarks against the adorable personalities of the Sunni Sect of the Muslim community in his film Ram Ki Janmabhoomi.In the FIR, Tyagi, who wrote, produced and acted in the film, was booked...
Can't Raise Objections U/S 47 Of CPC In Execution Proceedings For The Enforcement Of Award, S. 34 Of A&C Must Be Availed: Allahabad High Court
The Allahabad High Court single bench of Justice Alok Mathur held that the objections under Section 47 of the CPC are not maintainable in execution proceedings for the enforcement of an arbitration award. It held that an arbitration award, not being issued by a "court," falls outside the definition of a decree as outlined in Section 2(2) of CPC. Moreover, once the award attains finality,...