'Satiating Bloodlust' Of Society: Allahabad High Court's Justice Atul Sreedharan Slams 'Bulldozer Actions' To Punish Accused

Making strong observations regarding the UP Government's recent "bulldozer actions", Justice Atul Sreedharan of the Allahabad High Court on Monday said that the State is demolishing the houses of persons accused of an offence "to satiate the perceived blood lust of a society fed on a staple diet of bulldozer justice"."The State is certain that the society suffers from...

All Legal Heirs Of Deceased Tenant Need Not Be Impleaded In Eviction Proceedings; One Co-Tenant Can Represent Entire Tenancy: Allahabad High Court

The Allahabad High Court has held that impleadment of every legal heir of a deceased tenant is not mandatory in eviction proceedings. It held that the tenancy of a deceased tenant devolves upon the heirs as a joint and indivisible unit, and effective representation of the tenancy by one co-tenant in possession suffices. It held that non-joinder of the remaining heirs not being fatal to...

Split Verdict On 'Bulldozer Justice': Allahabad High Court Judges Differ On 2-Year Ban On Razing Houses Of Accused Post-FIR

In a significant development concerning the demolition action across the state, a division bench of the Allahabad High Court today delivered a split verdict on whether the State can be barred from taking any action to demolish the house of an accused for a period of two years from the date of registration of an FIR. While Justice Atul Sreedharan observed that a 2-year hiatus must be put...

Police Negligence Delays Bail Hearing, Leaves Man In Jail For 15 Extra Days: Allahabad High Court Imposes ₹1 Lakh Cost On UP Govt

The Allahabad High Court last week imposed a cost of Rs 1,00,000 on the Uttar Pradesh government for negligence on the part of certain police officials, which delayed the disposal of a bail application and left a man in jail for an extra 15 days. A bench of Justice Arun Kumar Singh Deshwal directed that the amount so imposed be paid to the bail applicant. However, the State Government...

FSL Reports Must Disclose Scientific Data, Reasons : Allahabad High Court Recommends Forensic Reforms, Acquits Murder Accused

The Allahabad High Court has held that Forensic Science Laboratory (FSL) reports must disclose specific reasons and scientific data. It added that a report merely recording a conclusion without detailing the tests conducted or the criteria used is inadmissible in evidence. A bench of Justice Ajay Bhanot and Justice Divesh Chandra Samant made these significant observations while recommending...

'Not Of Sound Mind': Allahabad High Court Orders Mental Examination Of Man Accused Of Blackmailing Woman With Obscene Photos

The Allahabad High Court recently directed the medical examination of a man who has been accused of extracting a victim's obscene photographs and continuously blackmailing her, noting that he doesn't appear to be a person of sound mind. A bench of Justice Arun Kumar Singh Deshwal passed the order after reviewing the nature of the filthy messages and social media posts made by...

Lessee Can't Be Forced To Pay Installments Accruing Due To State's Delay In Termination Of Mining Lease: Allahabad High Court

The Allahabad High Court has held that where a mining lessee defaults in paying royalty and thereby gives the State ground to terminate the lease, the State's unexplained delay in exercising its power to determine the lease under Rule 58 of the U.P. Minor Minerals (Concession) Rules, 1963 amounts to arbitrary action. It held that the lessee cannot be forced to pay the installments that fell...

Omission Of S.34 IPC In Judgment Not Fatal Where Common Intention Is Established: Allahabad High Court Upholds Murder Conviction

The Allahabad High Court has observed that the omission of Section 34 IPC in the operative portion of a judgment is not fatal to a case if the prosecution has successfully established the common intention. A bench of Justice Salil Kumar Rai and Justice Ajay Kumar-II clarified that Section 34 IPC is not a substantive offence and does not create an offence by itself; instead, it is merely a...

Appeal Under UP Rent Act Not Maintainable Against Rejection Of Plea To Recall Ex-Parte Eviction Order: Allahabad High Court

The Allahabad High Court has held that an appeal under Section 22 of Uttar Pradesh Urban Buildings [Regulation of Letting, Rent and Eviction] Act, 1972 is not maintainable against an order rejecting an application for recall of an ex-parte release (eviction) order passed under Section 21(1)(a) of the Act. It held that such an order is referable to the procedural powers exercisable under...

'Should Not Remain On Paper Only': Allahabad High Court Directs State Committee To Act With Urgency On UP Monkey Menace

The Allahabad High Court last week directed a newly constituted 13-member High Powered Committee to act with urgency in addressing the severe monkey menace across Uttar Pradesh and take appropriate decisions A division bench comprising Chief Justice Arun Bhansali and Justice Kshitij Shailendra specifically asked the Committee to hold meetings at a regular interval and “not...

Member Of Joint Hindu Family Can Acquire Separate Property From Own Funds; Other Coparceners Can't Claim Interest: Allahabad High Court

The Allahabad High Court has held that the mere existence of a joint Hindu family does not raise presumption that a particular holding is a joint family property. It held that a member of a joint Hindu family can acquire and hold property exclusively in his own name. It held that other members cannot be granted co-tenancy rights over such a holding unless they prove that it was acquired from...

Sitting Judge Of Allahabad High Court Challenges Denial Of Tax Exemption On Statutory Allowances Under New Regime; CBDT Asked To Respond

A sitting Judge of the Allahabad High Court has challenged denial of tax exemption on statutory allowances as prescribed under Section 22D of the High Court Judges (Salaries & Conditions of Service) Act, 1954, under the new income tax regime. Section 22D of the High Court Judges (Salaries and Conditions of Service) Act, 1954, the sumptuary allowance (Section 22C) and the house rent...