Allahabad High Court
Allahabad HC To Hear On August 23 PIL Filed In 2020 Seeking Removal Of Mathura's Idgah Mosque, ASI Excavation Of Premises
The Allahabad High Court will hear on August 23 a Public Interest Litigation (PIL) plea (moved in 2020) seeking recognition of Mathura's Shahi Idgah Mosque site as Krishna Janam Bhoomi. This PIL plea, moved by Advocate Mahek Maheshwari in 2020, was earlier dismissed in default in January 2021, however, the same was restored in March 2022. Now today, the matter was mentioned by...
'Trial Court Took A Reasonable View': Allahabad High Court Upholds Acquittal Of Three In 40 Year Old Murder Case
While dealing with an appeal of the State Government, the Allahabad High Court today upheld the acquittal of three accused persons under Section 302 of IPC on the ground that the trial court took a reasonable view in the case, which dates back to the year 1983.Referring to the Supreme Court's ruling in the cases of Chandrappa vs. State of Karnataka (2007) and Dhanapal and Others vs. State...
Transfer Order Allegedly In Violation Of State Policy Cannot Be Challenged In Writ Jurisdiction: Allahabad High Court
The Allahabad High Court has held that a transfer order alleged to be passed in violation of State policy cannot be challenged in writ jurisdiction since no statutory right is affected. State policies are administrative in nature and are distinguishable from statutory laws made by the legislature, it held.“Transfer is indeed an exigency of service and interference by this Court in exercise...
Allahabad High Court Refuses To Entertain PIL Alleging Illegal Arrests, Action For Breach Of Peace Against Social Workers
The Allahabad High Court on Friday refused to entertain a PIL moved by NGO Social Forum on Human Rights, challenging alleged misuse of powers under the ‘Police Commissionerate System’ by the Uttar Pradesh police against social workers.A bench comprising Justices Ashwani Kumar Mishra and Syed Aftab Husain Rizvi orally advised the Petitioner that persons facing actions under Sections 107,...
Allahabad High Court Weekly Round-Up: July 31 - August 06
NOMINAL INDEX M/S Bhawani Traders vs. State of U.P. 2023 LiveLaw (AB) 231 Tarkeshwar And 2 Others vs. State Of U.P. and 5 Others 2023 LiveLaw (AB) 232 Garima Singh vs. Pratima Singh and Another 2023 LiveLaw (AB) 233 Reena Bagga and Another vs. State of UP and 2 Others 2023 LiveLaw (AB) 234 Avnish Tandon vs. Assistant General Manager 2023 LiveLaw (AB) 235 M/S Vaid...
Allahabad High Court Half Yearly Digest: January To June 2023
ORDERS/JUDGMENTS [NOMINAL INDEX PROVIDED AT THE BOTTOM] Benefit Of Doubt Regarding Correctness Of Answer Key Goes In Favour Of Exam Authority & Not Candidate: Allahabad High Court Case title - Gyan Prakash Singh vs. State of U.P. and others [WRIT - A No. - 8892 of 2022] Case Citation: 2023 LiveLaw (AB) 1 Noting that there is always a presumption about the correctness of...
Practice Of Lodging False FIRs Alleging Rape Has To Be Dealt With A Heavy Hand: Allahabad HC Imposes ₹10K Cost On A Woman
The Allahabad High Court last week imposed a cost of Rs. 10K on a woman who admittedly lodged a First Information Report (FIR) against 4 men falsely accusing them of committing the offences of rape, and unnatural sex against her. The Court also said that the practice of lodging FIRs and falsely making serious allegations of rape cannot be permitted and that such a practice has to be dealt with...
Commercial Electricity Rates Inapplicable To Lawyers' Chambers As Legal Profession Is Not ‘Commercial’ In Nature: Allahabad High Court
The Allahabad High Court has held that the activities carried out by lawyers are not ‘commercial activity’ and electricity rates charged from commercial establishments cannot be charged for lawyers' chambers for carrying out professional activities.“An advocate or a legal practitioner is duty-bound to act as an officer of the Court. An advocate is prohibited to do any business or involve...
PIL Seeking Sealing Of Gyanvapi Mosque Premises, Ban On Entry Of Non-Hindus: Allahabad High Court To Hear On August 8
The Allahabad High Court will hear on August 8 a Public Interest Litigation (PIL) plea seeking a direction to the Uttar Pradesh Government to seal the entire Gyanvapi Mosque premises w/o affecting the ASI Survey order of the Varanasi Court that has been upheld by both, the Allahabad HC and the Supreme Court.A bench of Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava is set to...
Students Should Be Given Opportunity To Reform, Instead Of Punitive Punishment: Allahabad High Court
The Allahabad High Court has held that purely punitive actions should not be taken by universities against students. Students are young adults who must be given an opportunity of reformation, it said. “Purely punitive action was taken by the University against the petitioner, to the exclusion of opportunities to reform his conduct, explore possibilities of excellence and redeem his...
CGST Rules | Remedy Under Rule 159(5) Against Provisional Attachment Must Be Availed Before Approaching Court: Allahabad High Court
The Allahabad High Court has held that Rule 159(5) of the Central Goods and Service Tax Rules, 2017 which provides remedy to file objections against the attachment of property must be availed before approaching the Court.CGST Department carried out an investigation against 3 persons including the petitioner and her husband for availing and passing on wrong Input Tax Credit by creating...
2019 Hate Speech Case: Allahabad High Court Issues Notice To SP Leader Azam Khan In UP Govt's Appeal Challenging His Acquittal
The Allahabad High Court has issued a notice to the Samajwadi Party leader Azam Khan in the Uttar Pradesh Government's appeal challenging an order of the Rampur Court acquitting Khan (in May the year) in the 2019 hate speech case which led to his disqualification as an MLA, last year.Hearing the appeal on Thursday, the bench Justice Raj Beer Singh has also summoned the record of the trial...