Trial Courts Must Shed Their Inertia & Ask Questions To Witnesses In Appropriate Cases To Sift Grain From Chaff: Allahabad HC

The Allahabad High Court, referring especially to hostile witnesses, observed that the trial Court must shed its inertia and ask questions while intervening in all those cases where the court’s intervention is necessary for the ends of justice. “It feels painful to observe that in our present system of trial despite having sufficient power to the judge to ask questions...

Allahabad HC Orders Medical Facility, Compensation For Minor Rape Survivor Seeking Abortion As Her Father Agrees To Keep Baby Till Adoption

The Allahabad High Court on Wednesday adequate medical facility and compensation for a 15-year-old year rape victim seeking to terminate her 29-week pregnancy after her father agreed to look after the newborn baby till adoption.The rape survivor had essentially moved the High Court seeking to terminate her pregnancy, however, looking at the medical report of the girl, which stated that the...

Who Is A Competent Person To Lodge An FIR As Per S. 4 Of UP 'Anti-Conversion' Law?: Allahabad High Court Explains

The Allahabad High Court on Wednesday explained the scope of Section 4 of the UP Prohibition of Unlawful Conversion of Religion Act 2021 [person competent to lodge FIR] as to who can lodge an FIR regarding the commission of an offence under Section 3 of the Act.The bench of Justice Shamim Ahmed held that as per the mandate of the said provision, only a person who has been converted, his/...

Can’t Deviate From Text Of GST Provisions, Rules And Forms In GST: Allahabad High Court Quashes Penalty

The Allahabad High Court has held that the Goods and Service Tax Act, 2017 is a complete code in itself and there can be no deviation from the text of the Act, Rules and Forms. A bench comprising of Justice Piyush Agrawal held,“The GST Act is a complete Code in itself. Various provisions, Rules and Forms are prescribed as well as various steps are also to be followed in an...

Hapur Incident: Allahabad High Court Bar Association Calls Off Strike, Oudh Bar Association To Abstain From Judicial Work

High Court Bar Association, Allahabad has passed a resolution to resume judicial work from Wednesday in lieu of the assurance given by the bench headed by Chief Justice Pritinker Diwaker in the suo moto PIL registered over lathi charge by some Police personnel against Lawyers in Hapur.In the resolution, it has been stated that though the High Court has assured that necessary action will be...

Inter-Religion Couple At Liberty To Stay Together In Live-In Relationship, Parents Cannot Interfere: Allahabad High Court

The Allahabad High Court has ordered Police to provide protection in case of threat to an inter-religion couple living together in live-in relationship.A bench comprising Justice Surendra Singh-I held,“Having regard to the facts and circumstances of the case and the law laid down by the Apex Court in its catena of judgements, this Court is of the opinion that the petitioners are at liberty...

'Fastening Responsibility Of Motherhood On A Rape Survivor Amounts To Denying Her Right To Live With Dignity': Allahabad HC

While dealing with a writ plea filed by a 15-year-old year rape victim seeking to terminate her 29-week pregnancy, the Allahabad High Court on Monday observed that forcing the victim to give birth to a child of a man who sexually assaulted her would result in unexplainable miseries to her."In the case of sexual assault, denying a woman the right to say no to medical termination of pregnancy...

Allahabad High Court Directs Promotion Of Judicial Officer With Retrospective Effect, Sets Aside Adverse Entry

The Allahabad High Court recently set aside the adverse entry made in the service record of judicial officer Sunil Kumar Singh-III and directed that he be promoted with retrospective effect from UPHJS 2015.A bench comprising Justices Dr. Kaushal Jayendra Thaker and Rajeev Misra held that once the complaints based on which adverse entry is awarded are found untruthful, such adverse entry cannot...

Allahabad High Court Reserves Verdict In PIL Seeking Removal Of Mathura's Idgah Mosque, ASI Excavation Of Premises

The Allahabad High Court on Monday reserved its verdict on a Public Interest Litigation (PIL) plea 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.On Monday, having heard the party in person-Maheshwari, the...

Hapur Incident: Allahabad HC Directs State To Include Retired Judge On SIT Probing 'Police Violence' Against Advocates, Register Lawyers' Complaints

Amid ongoing lawyers' strike in UP over lathi charge by some Police personnel against Lawyers in Hapur, the Allahabad High Court has directed the UP government to include a retired judicial officer on the SIT probing the incident.Lawyers claimed that the non-inclusion of any judicial officer in the SIT makes it "wholly one sided". A division bench of Chief Justice Pritinker Diwaker and...

Allahabad High Court Grants Bail To Ex-UP Minister In Gangster Act Case For Allegedly Running A Meat Plant Sans License

The Allahabad High Court has granted bail to former UP Minister and Bahujan Samaj Party (BSP) leader Haji Yaqoob Qureshi who was arrested in January this year under the UP Gangsters and Anti-Social Activities (Prevention) Act for allegedly running a meat plant without a license.Examining the matter at the touchstone of the provisions of Section 19(4) of the Gangster Act vis-a-vis the...

Allahabad High Court Monthly Digest: August 2023

[NOMINAL INDEX PROVIDED AT THE BOTTOM] ORDERS/JUDGMENTS Goods In Transit Can’t Be Treated As Non-Traceable In Presence Of Tax Invoice, E-Way Bill And Bilty: Allahabad High Court Case Title: M/S Bhawani Traders vs. State of U.P. [Writ Tax No. - 854 Of 2023] Case Citation: 2023 LiveLaw (AB) 231 The Allahabad High Court has quashed the penalty order passed in Form MOU-09...