Attempt To Influence & Intimidate Judge Over Call? Allahabad High Court Refers Senior IAS Officer's Conduct For Criminal Contempt

The Allahabad High Court has referred the conduct of senior IAS officer and Devi Patan Mandal Commissioner Durga Shakti Nagpal to the court dealing with criminal contempt matters after a Judicial Officer alleged that the Commissioner attempted to influence and intimidate her over a phone call in connection with a pending civil suit.A Bench of Justice Syed Qamar Hasan Rizvi observed that the...

Termination Of Bank Employee Under Regulation Retrospectively Declared Unconstitutional Cannot Stand: Allahabad High Court

The Allahabad High Court has held that the termination of a bank employee under a regulation enacted after the Constitution of India but declared as unconstitutional, has retrospective effect and thus such termination cannot stand and would be illegal. In doing so the court reiterated that the situation is different in case of a law enacted prior to the Constitution which is only eclipsed by...

POCSO Misuse | Allahabad High Court Flags Use Of Forged School Certificates To Show Victims As Minors, Seeks UP Govt Guidelines

The Allahabad High Court recently flagged what it described as the "clear misuse of the POCSO Act" by the parents of the victims who submit forged school certificates to show the victims as below 18 years of age.The Court noted that this practice results in the false implication of several young boys who find it difficult to obtain bail and are easily convicted in view of the presumption...

Accused On Bail Shown As In Jail, Gang Chart Approved Without Joint Meeting: Allahabad High Court Quashes UP Gangsters Act FIR

The Allahabad High Court recently quashed an FIR registered under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, after noting that the mandatory joint meeting was not held and incorrect entries were made showing accused persons as being in jail despite the fact that they had been granted bail. A Bench of Justice JJ Munir and Justice Tarun Saxena thus allowed...

S.149 IPC | Mere Presence Or Nomination In FIR Cannot Sustain Conviction Without Proof Of Unlawful Assembly, Common Object: Allahabad High Court

No specific role or weapon attributed to two accused; Court finds Prosecution failed to establish they were part of alleged Unlawful Assembly or shared a Common Object

'Malicious' Prosecution: Why Allahabad High Court Quashed Judicial Officer's FIR Alleging Doctor-Wife Demanded ₹1 Crore For Divorce

The Allahabad High Court recently quashed an FIR lodged by a Judicial Official of the State against his doctor-wife and two others after finding that the criminal proceedings were "not bona fide but malicious and also an abuse of the process of Court".A Bench of Justice Rajeev Misra and Justice Dr. Ajay Kumar-II allowed a writ petition filed by the wife and two others while setting aside the...

Prayagraj Waterlogging | Allahabad High Court Orders Deployment Of Pumps In Affected Areas, Gives 24-Hour Deadline To Clear Water

Hearing the suo moto PIL concerning the severe waterlogging crisis in Prayagraj due to incessant rain, the Allahabad High Court today directed the Municipal Corporation, Prayagraj, to ensure that sufficient water pumps are deployed on the ground so that all low-lying areas of the city facing waterlogging issues are cleared within the next 24 hours.A Bench of Justice Ajit Kumar and Justice...

Common Intention | S.34 IPC Attracted Where Co-Accused's Participation Has 'Functional Relationship' With Offence: Allahabad High Court

The Allahabad High Court has observed that to attract 'common intention' liability under Section 34 IPC, the participation of a co-accused must have a "functional relationship with the offense in question".The bench clarified that the mere fact that several persons participated in the same occurrence does not make each of them liable for every offence committed during it. A Bench of Justice...

Only 29 Of 92 Posts Filled: Allahabad High Court Flags 'Disturbing' Vacancies In UP GST Appellate Tribunal

While flagging a “disturbing state of affairs” over substantial vacancies in the GST Appellate Tribunal in Uttar Pradesh, the Allahabad High Court has noted that only 29 of the 92 sanctioned posts have been filled, leaving 63 posts vacant.Justice Piyush Agrawal observed that mere issuance of circulars or advertisements cannot amount to compliance with the obligation to make the...

Allahabad High Court Acquits Husband Accused Of Setting Wife Ablaze, Rejects Dying Declaration Recorded In Presence Of Relatives

The Allahabad High Court on Wednesday acquitted a man convicted of culpable homicide in connection with the burning death of his wife, observing that the dying declaration was recorded in the presence of relatives/family members and therefore could not be safely relied upon. A Bench of Justice Siddhartha Varma and Justice Achal Sachdev allowed the criminal appeal filed by Jagan against...

Prayagraj Waterlogging | High Court Directs Municipal Commissioner, DM To Ensure Rainwater Is Pumped Out From Low-Lying Areas

The Allahabad High Court on Wednesday directed the Municipal Commissioner and District Magistrate, Prayagraj, to ensure that rainwater accumulated in the city's low-lying areas is pumped out through Morri Gate, Daraganj, amid severe waterlogging following incessant rain. A Bench of Justice Ajit Kumar and Justice Garima Prashad passed the direction while hearing a suo motu petition...

'Lis Pendens Applies To Involuntary Alienations'; Court Auction Sale Also Subject To Outcome Of Pending Suit: Allahabad High Court

The Allahabad High Court has held that the principle of lis pendens applies even to a court auction sale, an involuntary alienation, and the auction purchaser takes the property subject to the outcome of a suit already pending over it. The Court clarified that notice of the prior claim or agreement is not the basis for applying the doctrine; it operates because of the pendency of the...