Preparing Defence Strategy & Gathering Evidence Valid Grounds For Bail : Allahabad High Court Clarifies 'Stage' & 'Parameters'

In a significant verdict, the Allahabad High Court recently held that conceptualizing defence strategy, gathering and adducing defence evidence and effectively conducting the defence case can constitute valid grounds for granting bail, but only at an appropriate stage of the trial. A bench of Justice Ajay Bhanot, while deciding a batch of 18 (second) bail applications, ruled that...

Threat Of Land Encroachment, Proposed Use For Public Purpose Not Enough To Invoke Urgency Clause U/S 17 Of Land Acquisition Act: Allahabad HC

The Allahabad High Court has held reiterated that mere threat of encroachment and stating that the land is to be used for planned development for public purpose will not justify the invocation of urgency clause under Section 17 of the Land Acquisition Act, 1894 and dispensation of the statutory requirement of calling for, hearing and deciding objections of the landowners.While dealing with...

'Prima Facie Cheating Case Made Out': Allahabad High Court Refuses To Quash ED's Probe Against Sahara's Cooperative Societies

The Allahabad High Court (Lucknow Bench) recently refused to quash the Enforcement Directorate's (ED) action of initiating search and seizure proceedings against four Sahara-linked cooperative societies. A bench of Justice Subhash Vidyarthi noted that a prima facie case of cheating was made out and that the proceedings under the Prevention of Money Laundering Act, 2002 (PMLA) cannot...

Unsaid Words Can Also 'Promote Enmity' Under BNS: Allahabad High Court On 'Subtle' Religious Undertones In WhatsApp Message

The Allahabad High Court has observed that even a WhatsApp message not explicitly referring to religion may, through its 'unsaid' words and 'subtle' message, promote enmity, hatred or ill-will between communities. A Bench of Justice JJ Munir and Justice Pramod Kumar Srivastava observed thus while refusing to quash an FIR lodged against petitioner (Afaq Ahmad) who had allegedly...

Compensation U/S 3G National Highways Act Can Be Challenged Under Arbitration Act, Writ Petition Not Maintainable: Allahabad High Court

The Allahabad High Court has held that compensation awarded under Section 3G of the National Highways Act, 1956 can be challenged under the Arbitration and Conciliation Act, 1996 and writ petitions for the same will not be maintainable.A bench of Justice Mahesh Chandra Tripathi and Justice Anish Kumar Gupta held“Section 3G(6) of the Act, 1956 expressly provides that the provisions of...

S.238 IBC Is Non-Obstante Clause, Overrides Provisions Of Electricity Act: Allahabad High Court

The Allahabad High Court has held that the Insolvency and Bankruptcy Code, 2016 overrides the provisions of Electricity Act, 2003 read with Electricity Supply Code, 2005.A bench of Justice Arindam Sinha and Justice Prashant Kumar held“Section 238 of Insolvency and Bankruptcy Code, 2016 is a non- obstante clause meaning it grants the IB Code a power of overriding effect on other laws, for...

Teachers' Absence Violates Poor Students' Right To Education: Allahabad High Court Seeks Strict Rules Ensuring Full Attendance In Rural Schools

In a significant order underscoring the sanctity of a teacher's duty and the constitutional right of every child to education, the Allahabad High Court recently called for the formulation of strict rules to ensure that teachers in rural primary and junior schools remain present throughout the school hours. A bench of Justice Praveen Kumar Giri observed that absenteeism among teachers...

Act Against Erring Cops If Minors Found Falsely Implicated In Rioting Case: Allahabad High Court Directs Bahraich SP

The Allahabad High Court (Lucknow Bench) recently directed the Superintendent of Police, Bahraich, to look into the 'false implication' of two minors, aged 13 and 11 years, in an FIR lodged under various provisions of the Bharatiya Nyaya Sanhita, 2023 and the SC-ST Act. A Bench of Justice Rajesh Singh Chauhan and Justice Amitabh Kumar Rai directed appropriate action against erring...

Allahabad High Court Stays Rs.110 Crore GST Demand On Dabur's Hajmola Candy

The Allahabad High Court on October 10 stayed a ₹110 crore GST show cause notice issued to Dabur India Ltd. over the classification of its Hajmola Candy Tablets.A bench of Justice Saumitra Dayal Singh and Justice Indrajeet Shukla passed the interim order in a petition filed by Dabur challenging the DGGI notice issued earlier this year.The dispute revolves around how Hajmola Candy Tablets...

Serious Doubt That ED Clerk Assigned To Desk Work Can Serve Summons: Allahabad High Court Flags 'Improper' Service In PMLA Case

The Allahabad High Court (Lucknow Bench) recently raised serious doubts over the Enforcement Directorate's (ED) action to serve summons in a money-laundering case linked to the alleged UP Police recruitment paper leak, though an Upper Division Clerk (UDC), who is typically assigned desk works. Granting anticipatory bail to the accused, Justice Subhash Vidyarthi observed that the service...

'Systemic Failure': Allahabad High Court Seeks Explanation From Judicial Officers For Ignoring SC & HC Directives On Maintenance

In a sternly worded order, the Allahabad High Court recently expressed serious concern over what it termed as a "systemic failure" and "state of indifference" by subordinate courts in ensuring compliance with binding directions of the Supreme Court and the High Court in matters concerning maintenance under the Domestic Violence Act, 2005. A bench of Justice Vinod Diwakar observed...

Allahabad High Court Dismisses SP Leader's PIL Seeking Restoration Of NSG Cover For Ex-CM Akhilesh Yadav

The Allahabad High Court (Lucknow Bench) last week dismissed a Public Interest Litigation (PIL) plea filed by a leader of the Samajwadi Party (SP) seeking a direction to the Union Government to restore National Security Guard (NSG) cover to SP President and Ex-Chief Minister, Akhilesh Yadav. A Bench of Justice Rajan Roy and Justice Rajeev Bharti categorically noted that the petition...