Allahabad High Court
Riots Case| 'Will Cast A Stigma On His Political Career': Allahabad HC Grants Bail To BJP MP Kamlesh Paswan, Stays 18 Months Sentence
The Allahabad High Court last week granted bail to sitting BJP MP (from Bansgaon) Kamlesh Paswan and stayed the sentence of 1.5 years awarded to him by the Trial court in connection with a riots case registered in the year 2008 during the pendency of his revision plea before the HC.The bench of Justice Rajeev Misra passed this order considering the fact that Paswan is an MP and the Judgment...
Section 190 (1)(b) CrPC| Magistrate Can Summon Person Even On The Basis Of S. 164 CrPC Statement If His Prima Facie Involvement Is Found: Allahabad HC
The Allahabad High Court recently observed that a Magistrate taking cognizance of an offence on the basis of a police report in terms of Section 190 (1)(b) of CrPC, can issue a summons to a person even on the basis of the statement under Section 164 CrPC, even though such a person is not arraigned as an accused in the police report or in the FIR. The Bench of Justice Manju Rani...
Insistence On Corroboration Of Rape Victim's Testimony Amounts To Insult To Womanhood: Allahabad HC Dismisses Convict's Appeal
The Allahabad High Court recently observed that a woman or a girl who is raped is not an accomplice and to insist on corroboration of her testimony amounts to an insult to womanhood. The bench of Justice Ram Manohar Narayan Mishra further observed that an accused can be convicted on the basis of the sole testimony of a rape victim, without any further corroboration, provided that...
Allahabad High Court Weekly Round-Up: April 17 To April 23
NOMINAL INDEX Reevan Singh vs. State Of U.P. Thru. Prin. Secy. Jail Administration And Reform Services Govt. U.P. Lko. And Ors 2023 LiveLaw (AB) 128 Sanjay Verma vs. State Of U.P. And 3 Others 2023 LiveLaw (AB) 129 Urmila Devi Pal vs. State Of U.P. Thru. Secy. Bal Vikas Sewa Evam Pustahar And 2 Others 2023 LiveLaw (AB) 130 Vinod Bihari Lal vs. State of U.P. and another...
SC/ST Act | Application U/S 482 CrPC Against Order Of Issuance Of Summons Is Maintainable: Allahabad High Court
The Allahabad High Court recently held that an order issuing a summons to an accused for an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, can be challenged by way of filing an application under Section 482 of the Code of Criminal Procedure, 1973.The bench of Justice Rahul Chaturvedi held so while referring to the Apex Court's ruling in the cases...
‘A Time To Introspect; Prepare Guidelines To Avoid Solemnising Child Marriages’: Allahabad High Court Directs Arya Samaj’s Apex Body
Last week, the Allahabad High Court directed the ‘Sarvadeshik Arya Pratinidhi Sabha’, the apex body of the Arya Samaj, to introspect and issue guidelines to avoid solemnising marriages involving minors. The Court also directed the ‘Sabha’ to counsel proposed couples so that they may not enter into any criminal act i.e solemnizing a marriage before reaching marriageable...
Can't Summon Husband As An Accused In NI Act Case For Cheque Issued By Wife As A Sole Proprietor Of A Firm: Allahabad HC
The Allahabad High Court has observed that a husband can't be summoned as an accused for offence under Section 138 of the Negotiable Instruments Act in a case where his wife, as the sole proprietor of a Business, issues the cheque.The bench of Justice Umesh Chandra Sharma, while allowing the petition filed by petitioner Pawan Garg seeking to quash the court's summoning order, said,...
Injury Causing Hole In Ear Drum Without A 100% Loss Of Hearing Capacity Wouldn't Amount To 'Grievous Hurt' U/S 320 IPC: Allahabad HC
The Allahabad High Court has recently held that if an injury has been caused in the nature of a hole in the eardrum and if the same does not cause a hundred per cent loss of hearing capacity, then such an injury doesn't amount to 'grievous hurt' as per Section 320 (thirdly) of IPC.The Court further observed that for such an act of inflicting injury (causing a hole in the eardrum) to fall...
Violence In One Form Or Another Is Not A Sine Qua Non For A Group Of Persons To Qualify As A 'Gang': Allahabad High Court
The Allahabad High Court has clarified that violence in one form or the other is not a sine qua non for a group of persons to qualify as a ‘gang’ under Section 2(b) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. Perusing Section 2(b) of the Act of 1986, the bench of Justice JJ Munir observed that the twin object of disturbing public order or...
Oudh Bar Association Withdraws Its Resolution To Boycott Court Of Justice Dinesh Kumar Singh Of Allahabad High Court
The Oudh Bar Association today withdrew its resolution passed on Wednesday deciding to boycott the Court of Justice Dinesh Kumar Singh, a judge of the Allahabad High Court (at the Lucknow Bench), with immediate effect.In the resolution passed yesterday, it was stated that the decision to boycott Justice Singh's court was taken on account of his misbehaviour with the lawyers who are...
Training Workshop On 'The Concept & Techniques Of Mediation' Organised By Allahabad High Court For Family Court Judges
A 2-day training workshop on 'The Concept & Techniques Of Mediation' was organized by Allahabad High Court for the family court judges on April 15 and 16 with the purpose of enhancing the skills of the judges in adjudicating family disputes.The workshop was organised by the Committee for Sensitization of Family Court Matters, Allahabad High Court comprising Justice Sunita Agarwal,...
'Can't Entertain A Writ Plea For Money Claim Filed 27 Yrs After Cause Of Action Arose': Allahabad HC Refuses Relief To A Class III Employee
The Allahabad High Court today dismissed a writ petition filed by a Class III employee concerning a money claim as it noted that the plea had been moved 27 years after the alleged cause of action allegedly arose in her favour.In a strongly worded order, the bench of Justice Dinesh Kumar Singh noted that the petitioner had approached the Court with a stale and belated claim, which suffered...