Allahabad High Court
NOC From Previous Counsel Only A Matter Of 'Good Practice'; Duly Authorized New Advocate Can Press Bail Without It: Allahabad High Court
The Allahabad High Court (Lucknow Bench) recently clarified that obtaining a 'No Objection Certificate' (NOC) from a previous counsel is merely a matter of "good practice" and not a pre-requirement for the purposes of hearing in a criminal case. A Bench of Justice Rajesh Singh Chauhan and Justice Abdhesh Kumar Chaudhary added that a new counsel who is duly authorized by his client...
SC/ST Act Not To Be 'Misused': Allahabad HC Grants Bail In FIR Filed After 9-Year Delay, Flags Rape Victim's 'Inappropriate' Conduct
Gratin bail to two accused in the FIR involving allegations of rape and offences under the SC-ST Act 1989, the Allahabad High Court recently observed that the rights granted to a victim under the special legislation "should not be misused and abused". A Bench of Justice Anil Kumar-X granted bail to appellants [Aznan Khan and Furkan Ilahi], primarily factoring in the unexplained delay of...
Writ Petition U/Art 226 Against NCDRC's Order Maintainable Only In 'Exceptional Circumstances', Remedy U/Art 227 Preferable: Allahabad High Court
The Allahabad High Court has ruled that while a Writ Petition under Article 226 of the Constitution of India is maintainable against the orders of the National Consumer Disputes Redressal Commission (NCDRC), such power is discretionary and must be exercised only in "exceptional circumstances". A Bench of Justice Shekhar B Saraf and Justice Prashant Kumar dismissed a writ petition filed...
Panchayat Poll Duty Death | Allahabad HC Says Covid Lab Report Valid Unless Proven Forged; Quashes Rejection Of ₹30 Lakh Compensation
Recently, the Allahabad High Court has held that a positive report regarding COVID-19 test by the Uttar Pradesh Covid Lab must not be doubted unless it is proved to be a forged document.Petitioner approached the High Court for compensation of her husband's death due to contracting COIVD-19 while being on panchayat election duty in 2021. Due to high fever and other COVID like...
'Distributing Bible, Preaching Religion No Crime': Allahabad High Court Pulls Up UP Police For Overreach In Conversion Case
In a strongly worded order, the Allahabad High Court recently observed that the mere distribution of the Bible or the act of preaching a religion does not constitute an offence under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. A bench of Justice Abdul Moin and Justice Babita Rani also admonished the UP Police for what it termed as "bending backward"...
'Implementation Is Executive's Domain': Allahabad High Court Disposes PIL Claiming Laws Against Denigration Of Hindu Deities Are 'Ineffective'
The Allahabad High Court (Lucknow Bench) on Thursday disposed of a Public Interest Litigation (PIL) plea seeking a review of the effectiveness of the current legal framework regarding the protection of Hindu deities and religious books from denigration. A bench of Justice Rajan Roy and Justice Indrajeet Shukla observed that while the making or amending of laws lies strictly within...
'Shocked & Surprised': Allahabad High Court Seeks Official's Explanation For Ordering Teacher's Dismissal A Year After His Death
The Allahabad High Court expressed it 'surprised' at the conduct of the state education authorities who initiated dismissal proceedings against an Assistant Teacher more than a year after he had already passed away due to the Covid-19 pandemic. Stressing that an inquiry could not be started against the dead person, a bench of Justice Prakash Padia directed the Director of...
SC's 2016 Verdict Exempts 'Sensitive' FIRs From Mandatory Online Uploading; 'Aggrieved Person' May Seek Copy From SP/CP: Allahabad HC
Clarifying the procedure for obtaining a copy of First Information Report (FIR) in 'sensitive' cases where they are not uploaded online, the Allahabad High Court recently noted that in such cases, an "aggrieved person" can apply directly to the Superintendent of Police (SP) or Commissioner of Police, as the case maybe, seeking a copy of the FIR. HC referred to the exceptions carved...
'X' Posts On Pahalgam Attack 'Against PM', His Name Used Disrespectfully: Allahabad HC Denies Anticipatory Bail To Singer Neha Rathore
The Allahabad High Court (Lucknow Bench) today rejected the anticipatory bail application filed by folk singer Neha Singh Rathore in connection with an FIR lodged against her for allegedly making objectionable posts on social media regarding Prime Minister Narendra Modi and Pahalgam terror attack. A bench of Justice Brij Raj Singh observed that the 'X' Posts/tweets posted by...
'Unexecuted NBW Justified Only If Convict Is Dead Or Fled Nation: Allahabad HC Asks UP Police To Trace Man In 1984 Appeal Across India
The Allahabad High Court has observed that a Non-Bailable Warrant (NBW) of arrest can be returned unexecuted in only two specific eventualities: if the fugitive is dead or if he has fled the country with tangible evidence to prove it. Noting thus, a Division Bench of Justice JJ Munir and Justice Sanjiv Kumar on Tuesday refused to accept a report by the Commissioner of...
Allahabad High Court Questions Legality Of Notice Process In Modified Township Plan, Seeks Affidavit From CEO NOIDA
Recently, the Allahabad High Court has called for the personal affidavit of the Chief Executive Officer of the New Okhla Development Authority for determining the area of circulation of newspapers 'Business Standard' and 'Mahamedha' through which objections were invited on the modified township plan map.Petitioner, Association of Apartment Owners of Pavilion Court and Pavilion Height...
Evasion Of Tax Cannot Be Attributed To Transporter When Consignor Accepts Error In Loading Goods: Allahabad High Court
The Allahabad High Court has held that evasion of tax cannot be attributed to the transporter when consignor accepts error in loading goods. Certain goods were intercepted in transit from Dehradun to Delhi. After notices were issued to the cosigner/ consignee, the goods were released in their favour. Subsequently, an order alleging intention to evade tax under Section 129 of the GST...