Absence Of Upward Injury Marks On Deceased Leads Allahabad High Court To Acquit Sole Surviving Accused In 1984 Murder Case

The Allahabad High Court recently acquitted a man in connection with a nearly four-decade-old murder case as it opined that the prosecution had failed to establish its case beyond reasonable doubt. In its appreciation of evidence against the sole surviving accused, a Bench of Justice Vivek Kumar Birla and Justice Jitendra Kumar Sinha found that the firearm injuries on the deceased...

Allahabad High Court Orders Inquiry Into Illegal Encroachments, Makeshift Temples In Lucknow Park

The Allahabad High Court (Lucknow Bench) recently took strong exception to unauthorized encroachments in a public park in Lucknow and directed the authorities to hold an inquiry into how makeshift temples and other non-public structures were allowed to come up on the land. A Bench of Justice Sangeeta Chandra and Justice Brij Raj Singh passed the order while hearing a writ...

Matrimonial Discord Common In Domestic Life; Torture Sans Intent To Abet Suicide Won't Attract S. 306 IPC: Allahabad High Court

The Allahabad High Court has recently observed that matrimonial discord and differences in domestic life are quite common and if due to this reason, either husband or wife commits suicide, then it cannot be held that due to their abetment, the deceased committed suicide. A bench of Justice Sameer Jain observed thus while setting aside the order of a Sessions Court which had rejected...

Allahabad High Court Stays Arrest Of Man Over Morphed Photo Showing Ex-CM Akhilesh Yadav With Espionage Case Accused

The Allahabad High Court (Lucknow bench) recently stayed the arrest of a man accused of sharing a morphed photograph of former Uttar Pradesh Chief Minister Akhilesh Yadav with a woman alleged to have links with Pakistan and is currently facing an espionage case. A bench of Justice Rajnish Kumar and Justice Rajeev Singh passed the interim order while hearing a plea file by...

Mere Social Media Post Supporting Pakistan Won't Attract Offence Of 'Endangering Sovereignty Of India' Under BNS: Allahabad High Court

The Allahabad High Court has observed that merely posting a message showing support for another country may create anger or disharmony among citizens of India and may also be punishable under Section 196 BNS (promoting enmity), but it will not attract the stringent provisions of Section 152 BNS (Acts endangering sovereignty unity and integrity of India). A bench of Justice Santosh...

Who Is Prescribed Authority For Appeal U/S 54 U.P. Water Supply & Sewerage Act? Allahabad High Court Asks State

Recently, the Allahabad High Court has asked the State to clarify as to who is the prescribed authority under Section 54 of the U.P. Water Supply and Sewerage Act, 1975 to decide appeal against the assessment order passed by JaI Sansthan or any other agency under sub-section (2) of Section 53 of the Act. Petitioner, Hindustan Aeronautics Limited Transport Aircraft Division Chakeri,...

Allahabad High Court Commutes Death Penalty Of Woman Convicted For Killing NRI Husband, Confirms Life Term To Accomplice

The Allahabad High Court recently upheld the conviction of a 38-year-old British woman for the murder of her NRI husband, but commuted the capital sentence imposed by the trial court to one of life imprisonment. The Court also confirmed the life term awarded to her alleged lover for his role in the killing. While a bench of Justice Saumitra Dayal Singh and Justice Madan Pal Singh...

Krishna Janmabhoomi Dispute | 'No Sufficient Cause Shown' : Allahabad High Court Rejects Plea To Remove Next Friend Of Deity In Suit 7

The Allahabad High Court recently dismissed an application filed by plaintiffs no. 2 to 5 in the suit no 7 of Krishna Janmabhoomi–Shahi Idgah title dispute cases seeking the removal of Shri Kaushal Kishore Thakur Ji @ Kaushal Singh Tomar as the next friend of plaintiff no. 1, the deity Bhagwan Shri Krishna Lala Virajman. A bench of Justice Ram Manohar Narayan Mishra noted that...

Injury To Private Parts Of Victim Not Always Necessary As Evidence To Establish Offence Of Gang-Rape : Allahabad High Court

The Allahabad High Court recently observed that injury to the private parts of a rape victim is not always necessary as evidence to establish the offence of rape, including gang-rape. The High Court said that the absence of injury to the prosecutrix's private parts could be due to the non-employment of force in perpetration of the crime in cases where she is put in fear to an extent...

Allahabad High Court Imposes ₹1 Lakh Cost On SBI For Sitting On Compassionate Appointment Claim

The Allahabad High Court has imposed a cost of Rs. 1 lakh on the State Bank of India for not deciding the application/ representation for compassionate appointment for 5 years.While dealing with a writ petition where a son had approached the Court seeking direction to the Bank to decide his application for compassionate appointment, Justice Ajay Bhanot held,“Costs of Rs. 100,000/- are...

Intra-Court Appeal Against Order Dropping Contempt Proceedings Not Maintainable Except In Specific Cases: Allahabad High Court Reiterates

The Allahabad High Court has reiterated that intra court appeals under Section 19 of the Contempt of Courts Act, 1971 are maintainable only if an order punishing for contempt has been passed, or if there has been adjudication on merits of the case i.e. substantive issues of the original dispute between the parties, otherwise they are not maintainable.Referring to the judgment of the Apex Court...

[S.125 CrPC] Application For Maintenance Against Minor Is Maintainable: Allahabad High Court

The Allahabad High Court has held that application under Sections 125 and 128 CrPC seeking maintenance against minor are maintainable.While dealing with a case involving child marriage and a maintenance claim against a minor husband, Justice Madan Pal Singh held that“There is no bar in entertainment of application under Section 125 Cr.P.C. and Section 128 Cr.P.C. filed against...