Allahabad High Court Weekly Round-Up: June 12 To June 18

NOMINAL INDEX Bata India Limited & Anr. vs U.P. State Micro and Small Enterprise Facilitation Council & Anr. 2023 LiveLaw (AB) 185 Moti Lal Yadav vs. State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. Home, Lucknow And 3 Others 2023 LiveLaw (AB) 186 Pankaj Khare vs. Union Of India Thru. Secy. Deptt. Of Custom And Cgst, Ministry Of Finance, New Delhi And Others...

Allahabad High Court Monthly Digest: May 2023

NOMINAL INDEX Juvenile 'X' (Minor) Thru. His Father vs. State Of U.P. Thru. Addl. Chief Secy. Home, Lko. And Another 2023 LiveLaw (AB) 140 U.P. Sunni Central Waqf Board vs. Bhagwan Sri Krishna Virajman And 10 Others 2023 LiveLaw (AB) 141 Rajeev Kumar Yadav vs. State Of Up And 3 Others 2023 LiveLaw (AB) 142 Ajay Diwakar vs. State Of U.P. And 3 Others along with connected bail...

Can’t Reject Anticipatory Bail Plea On The Grounds That Chargesheet Is Filed Or Court Has Taken Cognizance Of Offence: Allahabad HC

The Allahabad High Court recently observed that an anticipatory bail application moved by an accused can never be rejected on the ground that now a charge sheet has been filed in the matter or that the court concerned has taken cognizance of the offence. Stressing that anticipatory bail can be granted at any time so long as the applicant has not been arrested, the bench of...

Allahabad High Court Refuses To Quash FIR Against Congress Leader Over Alleged 'Modi-Adani Love Affair' Remark

The Allahabad High Court recently refused to quash an FIR filed against the Secretary of UP Youth Congress, Sachin Chaudhary over his alleged remark pertaining to the 'love affair' between the Prime Minister of India Narendra Modi and Industrialist, founder and chairman of Adani Group, Gautam Adani.The bench of Justice Anjani Kumar Mishra and Justice Nand Prabha Shukla observed that the...

Prima Facie S. 3 & 5 Of UP's 'Anti Conversion' Law Aren't Glaringly Unconstitutional: Allahabad HC Denies Relief To 'SHUATS' VC

The Allahabad High Court recently refused to grant any relief to the VC of Allahabad's Sam Higginbottom University of Agriculture, Technology and Sciences (SHUATS), Dr Rajendra Bihari Lal and 7 others, in an FIR filed against them over the allegation of offering allurement to a man to convert to Christianity.The bench of Justice Anjani Kumar Mishra and Justice Gajendra Kumar also said that...

Special POCSO Court Can Treat Application Filed U/S 156 (3) CrPC As A Complaint Case U/S 190 (1) (a) CrPC: Allahabad High Court

The Allahabad High Court recently observed that a Special POCSO Court can treat an application filed under Section 156 (3) CrPC as a complaint case under Section 190 (1) (a) CrPC. The bench of Justice Suresh Kumar Gupta observed thus: “Concludingly, I am of the view that the trial court has ample power to treat the application under Section 156 (3) CrPC as a complaint case,...

Mere Non-Recovery Of Weapon Can't Demolish Prosecution's Case: Allahabad HC Confirms Life Term Of Two In A 41 Year Old Murder Case

Observing that mere non-recovery of the weapon cannot demolish the case of the prosecution, the Allahabad High Court recently upheld the order of conviction and sentence of life imprisonment awarded by the trial court to two murder convicts in a 41-year-old case. The bench of Justice Attau Rahman Masoodi and Justice Saroj Yadav further observed that other accused involved in...

‘He Was Actively Involved In The Kanpur Bikru Massacre’: Allahabad HC Denies Bail To Man Accused Of Assisting Slain Gangster Vikas Dubey

The Allahabad High Court recently rejected the bail application filed by Jai Kant Bajpai alias Jai involved in the 2020 Kanpur Bikru Encounter, in which eight policemen were brutally murdered and seven other police personnel received grievous injuries at the hands of a gang of people led by slain gangster Vikas Dubey. The bench of Justice Mayank Kumar Jain observed that...

Allahabad HC Puts Interim Stay On Broadcast Of Al Jazeera's Documentary 'India: Who Lit The Fuse' In India In View Of Probable 'Evil Consequences'

The Allahabad High Court today restrained (for now) Al Jazeera Media Network Private Ltd. from telecasting/broadcasting/releasing the Film "India....Who lit the Fuse?" in India in view of ‘evil consequences’ that are likely to occur if the telecast/broadcast of the film is allowed to take place. The bench of Justice Ashwani Kumar Mishra and Justice Ashutosh Srivastava also...

Allahabad High Court Quashes 'False' POCSO Case Against Man As Victim Says Her Mother Filed FIR To Extract Money From Him

The Allahabad High Court last week quashed a rape and POCSO case against an accused after the victim stated that he had not committed any sexual offence against her and her mother filed the false case just to extract five lakh rupees from the accused, who is now her husband. The bench of Justice Arun Kumar Singh Deshwal also noted that the victim was admittedly above 18 years of age...

'Refrain From Issuing Service Tax /GST Notices To Lawyers Rendering Legal Services': Allahabad HC Directs Lucknow GST Commissionerate

The Allahabad High Court has ordered the Commissioner, GST to issue clear direction to the GST Commissionerate in Lucknow that no notices regarding payment of service tax /GST are issued to the lawyers rendering legal service falling in the negative list so far as service tax is concerned. The bench of Justice Alok Mathur and Justice Jyotsna Sharma directed thus while hearing a writ...

Gangster Sanjeev 'Jeeva' Murder| Entry Of Accused In Court Premises In Lawyer's Uniform ‘Concerning’: Allahabad HC Refuses To Transfer Probe To CBI

The Allahabad High Court on Monday refused to transfer the probe into the daylight killing of 48-year-old alleged Gangster Sanjeev Maheshwari (alias Jeeva) inside the Lucknow Court premises on June 7, to the Central Bureau of Investigation (CBI). The bench of Justice Devendra Kumar Upadhyaya and Justice Jaspreet Singh said that only six days have elapsed since the lodging of the FIR...