Allahabad High Court
1981 Acid Attack On Father | Allahabad High Court 'Anguished' As Trial Judge Ignored Homicide Charge, Awarded Son Mere 3-Yr Term
The Allahabad High Court on Wednesday expressed its "deep anguish" over a Gorakhpur trial court's decision to convict a man under Section 326 of the IPC and sentence him to a mere 3 years of imprisonment for causing the homicidal death of his own father by pouring acid upon him. "…Trial Judge, by a manifest misappreciation of the evidence and a complete failure to apply the...
Allahabad High Court Grants Bail To Former Chhattisgarh Excise Commissioner In UP FIR Linked To Alleged ₹2,161 Crore Liquor Scam
The Allahabad High Court has granted bail to former Chhattisgarh Excise Commissioner Niranjan Das in an Uttar Pradesh FIR linked to the alleged ₹2,161 crore Chhattisgarh liquor scam.Justice Vikram D. Chauhan observed:"If the accused is otherwise found to be entitled to bail, he cannot be denied bail only on the ground of criminal history, no exceptional circumstances on the basis of...
47 Years After Gang-Rape Of Minor, Allahabad High Court Upholds Conviction But Reduces Jail Term Of 71 Y/O Man
The Allahabad High Court on Tuesday upheld the conviction of a man in connection with a 1979 gang-rape case concerning a minor but reduced his substantive sentence from 7.5 years to 4 years of Rigorous Imprisonment (RI). A bench of Justice Santosh Rai modified the sentence, noting the 43-year pendency of the criminal appeal and the surviving convict's age (71 years). With this,...
Police 'Laxity' Delays Bail Hearing By Over 10 Days: Allahabad High Court Imposes ₹50K Costs On UP Government
The Allahabad High Court on Tuesday imposed ₹50K costs on the Uttar Pradesh Government for the negligence on the part of the police officials, which delayed the disposal of a bail application by more than ten days A bench of Justice Arun Kumar Singh Deshwal directed that the amount so imposed be paid to the applicants. However, the State Government has been given the liberty...
Chinese Manjha Being Sold Online? Allahabad High Court Asks UP Govt To Examine Issue
The Allahabad High Court on Monday directed the Uttar Pradesh government to examine whether Chinese Manja, despite being prohibited, is still being sold online. A Bench of Justice Rajan Roy and Justice Manjive Shukla is presently hearing a 2018 Public Interest Litigation (PIL) plea filed by petitioner-in-person Moti Lal Yadav, along with two connected PILs filed by one...
UP Apartment Act | Writ Petitions Not Maintainable For RWA Disputes: Allahabad High Court Directs UP Govt To Frame Grievance Mechanism
The Allahabad High Court (Lucknow Bench) has ruled that writ petitions are not maintainable for general Resident Welfare Association (RWA) disputes regarding day-to-day society management. Noting a legislative vacuum in the Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010, the Court also directed the UP Government to frame a formal...
Proclaimed Offender Not Entitled To Anticipatory Bail Unless 'Rare & Exceptional' Case Made Out: Allahabad High Court
The Allahabad High Court on Tuesday reiterated that an accused who has been declared a proclaimed offender after deliberately evading court and investigation is ordinarily not entitled to the extraordinary relief of anticipatory bail. "…the law is discernible on the point that as per normal rule, anticipatory bail cannot be granted to an accused who is absconding or concealing...
Conviction Cannot Be Based Solely On S. 164 CrPC Statement If Victim Turns Hostile During Trial: Allahabad High Court
The Allahabad High Court (Lucknow Bench) has held that an accused cannot be convicted solely on the basis of a statement recorded under Section 164 CrPC if the victim and other prosecution witnesses turn hostile during the trial. Setting aside a 2011 trial court conviction in a kidnapping case, a bench of Justice Subhash Vidyarthi ruled that since Section 164 CrPC statement is...
Recruitment Begins With Advertisement, Not Approval Of Appointment; Subsequent Selection Law Doesn't Govern It: Allahabad High Court
The Allahabad High Court has held that a recruitment process commences on the publication of the advertisement, and not at the later stage of approval of appointment. It held that a law brought into force after the advertisement does not govern a process already set in motion.It further held that where a new Act comes into force after the advertisement but before the selection is finalised,...
Surrogacy Act | Age Limits Inapplicable If Intending Couple Froze Embryos Prior To Enforcement Of Law: Allahabad High Court
The Allahabad High Court last week observed that couples who had begun the surrogacy process before the enactment of the Surrogacy (Regulation) Act, 2021, can proceed with surrogacy despite being over the statutory age limit under Section 4(iii)(v)(c)(I). A bench of Justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary observed that a rigid application of age restriction under...
Frame Murder As Main Charge, S. 304-B IPC As Alternative If 'Dowry Death' Appears Homicidal: Allahabad High Court Directs UP Courts
The Allahabad High Court has issued a mandatory direction to all the trial courts across Uttar Pradesh that if evidence collected during an investigation indicates a 'homicidal' death inside a matrimonial home, the main charge must be framed under Section 302 IPC (Murder) and an alternative charge under Section 304-B IPC (Dowry Death). A bench of Justice Salil Kumar Rai and Justice Dr...