Allahabad High Court
Production Of Defence Witness | Power Of Court Vs Right Of Accused: Allahabad High Court Explains Scope Of Sections 311 & 233 CrPC
The Allahabad High Court recently explained the difference between the scope of Section 311 CrPC [Power to summon material witness, or examine person present] and Section 233 CrPC [Entering upon defence] concerning the production of defence witnesses during the trial. “Under section 311 CrPC, the power lies in the courts only and under section 233 CrPC, the right lies with the...
Allahabad HC Judge Recuses From Hearing Plea Against Varanasi Court's Refusal To Direct ASI To Survey Gyanvapi Mosque's Wuzukhana Area
On Wednesday, Allahabad High Court judge Justice Manish Kumar Nigam recused from hearing a Civil Revision plea challenging the Varanasi District Judge's order (dated October 21, 2023) refusing to direct the Archeological Survey of India (ASI) to undertake a survey of the Wazukhana area (except for the 'Shiva Linga') inside the Gyanvapi Mosque. The matter will now be listed before another...
Eligibility Rules Changed Post Commencement Of Selection Process: High Court Directs Allahabad University To Compensate Candidate Declared Ineligible
Earlier this month, the Allahabad High Court directed the University of Allahabad to pay a cost of Rs. 50,000 to a candidate who was otherwise eligible if the criteria had not been changed subsequent to the closure of registration forms.In a petition filed by a candidate seeking admission in second post graduate course in the University of Allahabad, Justice Ashutosh Srivastava held that...
Allahabad HC To Hear Tomorrow Plea Against Varanasi Court's Refusal To Direct ASI To Survey Gyanvapi Mosque's Wuzukhana Area
The Allahabad High Court will hear tomorrow a Civil Revision plea filed before it challenging the Varanasi District Judge's order (dated October 21, 2023) refusing to direct the Archeological Survey of India (ASI) to undertake a survey of the Wazukhana area (except for the 'Shiva Linga') inside the Gyanvapi Mosque. The matter will be heard by a bench of Justice Manish Kumar Nigam.The...
Allahabad High Court Weekly Round-Up: January 15 To January 21, 2024
NOMINAL INDEX Saurabha Srivastava And 2 Others vs. State Of U.P. Thru. Secy. Revenue Deptt. Lko. And 4 Others 2024 LiveLaw (AB) 19 Rajni Rani vs. State of UP and others 2024 LiveLaw (AB) 20 Sharp Industries vs. Bank Of Maharashtra And 3 Others 2024 LiveLaw (AB) 21 Shahjad Alais Mohammad Sajjad And Another vs. State Of U.P Thru. Prin. Secy. Home And Another 2024 LiveLaw...
Writ Of Habeas Corpus At Husband's Behest Seeking Wife's Return Not Available As A Matter Of Course: Allahabad High Court
In an important assertion, the Allahabad High Court has said that given the other remedies available for the purpose, under criminal and civil law, the exigence of a writ of habeas corpus at the behest of a husband to regain his wife would be rare and may not be available as a matter of course. A bench of Justice Yogendra Kumar Srivastava emphasized that such a writ may not be...
RBI Mute Spectator, Allowing Banks To Arbitrarily Charge Very High Rate Of Interest Despite Guidelines: Allahabad High Court
The Allahabad High Court has expressed surprise on how despite guidelines issued by the Reserve Bank of India, banks are being allowed to charge higher rates of interest from their customers.While dealing with a case regarding higher interest rate charged by Standard Chartered Bank without informing the petitioner, the bench comprising Justice Mahesh Chandra Tripathi and Justice Prashant...
Industrial Disputes Act | UP Forest Corporation An 'Industry', 'Mali' Involved In Systematic Activities In Forest Not Casual Employee: Allahabad HC
The Lucknow Bench of the Allahabad High Court has held that the U.P. Forest Corporation is an "industry" within the meaning of the Industrial Disputes Act, 1947 and the employees working as 'mali' who are involved in systematic activities regarding forests are no casual employees.The bench comprising of Justice Alok Mathur held,“Considering the aforesaid judgments and also nature of the...
Prolonged Separation From Spouse Without Cause Itself Cruelty U/S 13(1)(ia) Hindu Marriage Act: Allahabad High Court
The Allahabad High Court has upheld the divorce granted by the Court below to a couple living separately for almost 13 years.In the divorce petition filed by the husband, the Court below had decided the issue of dissertation against him. However, divorce was granted on grounds of mental cruelty inflicted by the wife on the husband.The bench comprising of Justice Vivek Kumar Birla and...
'Ploy To Defame Image Of Girl, Her Family Members': Allahabad HC Dismisses Alleged Lover's Habeas Corpus Plea With ₹25K Cost
"...we are not living in a western country, where this type of relationship is very popular and common among the citizens, We live in country, where people believe in culture and traditions, which is the crown of our country and we are proud of it, therefore, we have to respect the traditions and culture of our country," remarked Allahabad High Court recently while dismissing a habeas corpus...
Negative Report By DM Does Not Decide Claim For Visa And Citizenship, Must Be Decided By Competent Authorities: Allahabad High Court
Recently, the Allahabad High Court has held that a negative report by the District Magistrate does not decide the claim for visa and citizenship. The Authorities have to decide the same based on merits, it said.The bench comprising Justice Saumitra Dayal Singh and Justice Shiv Shanker Prasad observed:“The authorities vested with the jurisdiction to decide the claim existing and the claim...
Allahabad HC Grants Bail To Man Booked Under UAPA For Allegedly Strengthening PFI To Establish 'Gazwa-E-Hind' In India
The Allahabad High Court recently granted bail to a UAPA Accused (Mohd. Arkam) who was arrested in September 2022 on the allegations of actively participating in strengthening the Popular Front of India (OFI) organization to establish 'Gazwa-e-Hind' in India. The Bench of Justice Rajan Roy and Justice Ajai Kumar Srivastava-I granted him bail as it noted that the trial in the case is...