Allahabad HC Denies Bail To An 'Ojha' Accused Of Raping 15 Y/O Girl On Pretext Of Curing Her Through Religious Methods

The Allahabad High Court last week denied bail to an 'Ojha' (exorcist) for allegedly raping a 15-year-old girl under the pretext to provide treatment to her through religious methods. A Bench of Justice Sameer Jain noted that the accused was not entitled to be released on bail as he had been accused of raping the 15-year-old girl while she was alone with him in a room. Essentially,...

Succession Act 1925 | Appeal Against Civil Judge Order Denying Succession Certificate Lies Before District Judge Not HC: Allahabad High Court

The Allahabad High Court has held that an appeal against the order of a Civil Judge rejecting a plea for the issuance of a succession certificate would lie before the District Judge under Section 388(2) of the Indian Succession Act, 1925, and not before the High Court under Section 384 of the Act.The Court held that the legislative intent was to provide for an appellate mechanism before...

Direct Tax Vivaad Se Vishwas Act | Out-Of-Court Settlement Not Litigant's Fundamental Right, Can Be Availed Only As Per Law: Allahabad HC

While dealing with a rejection order under the Direct Tax Vivaad Se Vishwas Act, 2020, the Allahabad High Court has held that a litigant does not have a fundamental or inherent right to claim settlement of dispute outside court. The right being created by statute must be availed in accordance with it.The bench comprising of Justice Saumitra Dayal Singh and Justice Shiv Shanker Prasad...

[Backlog Of Cases] Allahabad HC Urges Counsels To Avoid Seeking Adjournments, Citing Multiple Case Laws On A Single Point

In a significant observation, the Allahabad High Court has said that the Judges of the HC are making efforts to address the issue of case pendency by speeding up the dispensation of justice, however, the cooperation of the advocates is also required to reduce the backlog of unresolved cases. The Court also urged all the Counsels appearing before the Court to contribute to the...

Allahabad High Court Allows State's Plea To Drop A Criminal Case Against UP's Cabinet Minister Dr. Sanjay Nishad

The Allahabad High Court has allowed the state government's application to withdraw a criminal case, lodged in 2015 under the Railways Act, against Uttar Pradesh's Cabinet Minister Dr. Sanjay Kumar Nishad. A bench of Justice Raj Beer Singh passed this order while dealing with a Criminal revision plea filed by the State Government challenging the order passed by Additional CJM,...

GST | No Real Use In Relegating Cases Of Undisputed Facts To Forum Of Alternate Remedy : Allahabad High Court

The Allahabad High Court has held that tax cases where the facts are undisputed and there are issues of jurisdiction and violation principles of natural justice involved may not be relegated to the Authorities.The Court held that cases where minimum statutory compliances have been made are generally relegated to the forum of alternate remedy. The bench comprising of Justice Saumitra Dayal...

Income Tax Authority Cannot Dissect An Otherwise Indivisible Contract In Absence Of Legal Provision: Allahabad High Court

The Allahabad High Court has held that an otherwise indivisible contract cannot be dissected by the authorities under the Income Tax Act, in absence of any legal provision allowing such dissection.Agreeing with the principals laid down by the Punjab and Haryana High Court and Karnataka High Court in Pr. Commissioner of Income Tax, TDS-II, Chandigarh Vs. The Senior Manager (Finance), Bharat...

Medical Representatives Deemed To Be "Workman" Under Industrial Disputes Act: Allahabad High Court

The Allahabad High Court has held that following the enactment of Sales Promotion Employees (Conditions of Service) Act, 1976 ("SPE Act"), medical representatives are deemed to be "workman" under the Industrial Disputes Act, 1947.Relying on the decision of the Bombay High Court in S.G. Pharmaceuticals Division of Ambala Sarabhai Enterprises Ltd. v. U.D. Pademwar and of the Supreme Court in...

Blacklisting | Principles Of Natural Justice Should Compulsorily Be Followed To Maintain Rule Of Law: Allahabad High Court

Setting aside an order of blacklisting and cancellation of mining lease passed against the petitioner, the Allahabad High Court recently held that in a civilized society, principles of natural justice ought to be followed in order to maintain rule of law.Considering that the petitioner had not been heard before passing of the impugned order, the court passed directions for it to be allowed...

Mining Lease | Consequential Order Cannot Go Beyond Realm Of Show Cause Notice: Allahabad High Court

The Allahabad High Court has held that any order passed as a consequence of the show cause notice cannot go beyond what is alleged in the show cause notice. Actions to be taken against a person must be clearly stated in the show cause notice, it held.While dealing with dispute regarding illegal mining, the bench comprising Justice Siddhartha Varma and Justice Shekhar B. Saraf observed that...

Divorce Law | Allegations Of Illicit Relationship Of Spouse Must Be Clearly Stated In Pleadings: Allahabad High Court

In a recent judgment, the Allahabad High Court has held that allegations of illicit relationship of a spouse cannot be left to the imagination of the court. Such allegations must be clearly made.While granting a decree of judicial separation under Section 13A of the Hindu Marriage Act, 1955, the Court held, “To infer existence of illicit relationship, it is not to be left to the imagination...

DNA Test Not To Be Ordered If Matriculation Certificate Sufficiently Proves Date Of Birth: Allahabad High Court

The Allahabad High Court has held that matriculation certificate issued by a school is recognized as sufficient legal proof for determining date of birth. The Court held that DNA test is not necessary where such certificate has not been proved wrong.Placing reliance on the judgment of Supreme Court in Aparna Ajinkya Firodia v. Ajinkya Arun Firodia, Justice Saurabh Shyam Shamshery held,“As...