Allahabad High Court
Allahabad High Court Stays Arrest Of Man Booked For FB Post Saying 'Govt-Recognized Terrorists In Saffron' Creating Chaos
The Allahabad High Court on Friday stayed the arrest of a man booked in Saharanpur for allegedly attempting to disrupt communal harmony through a Facebook post stating that "government-recognised terrorists in saffron colour" are creating chaos. A bench of Justice Ajay Bhanot and Justice Divesh Chandra Samant granted interim protection to the petitioner (Mushahid Gada) after he claimed...
Will Be 'Spoiled' By Mother: Allahabad High Court Gives Father Temporary Custody Of 5-Y/O Girl 'Tutored' To Accuse Him Of Sexual Abuse
The Allahabad High Court on Thursday temporarily transferred the custody of a 5-year-old girl to her father, observing that continuing in her mother's custody would mean she will certainly be 'spoiled'. The Court found that the minor was being used as a 'pawn' in a matrimonial dispute and had been "heavily tutored" by the mother to make sexual abuse allegations against...
'In Teeth Of Division Bench Verdict': High Court Questions UP Govt Over Appointing Gram Pradhans As Administrators Beyond 5-Yr Term
The Allahabad High Court (Lucknow Bench) has strongly questioned the Uttar Pradesh government over its decision to appoint Gram Pradhans as 'Administrators' of Panchayats following the expiry of their constitutional 5-year tenure. Taking serious note of the State's actions under Section 12(3-A) of the U.P. Panchayat Raj Act, 1947, a bench of Justice Rajan Roy and Justice...
Specific Performance Relief Mandatory After 2018 Amendment, Court Bound To Enforce Registered Agreement To Sell: Allahabad High Court
The Allahabad High Court has held that after the amendment to the Specific Relief Act, 1963 with effect from October 1, 2018, the grant of specific performance of a contract is no longer discretionary and courts are bound to enforce it, subject to Sections 11(2), 14 and 16 of the Act. Holding that the amended provisions govern agreements executed after that date, the Court upheld a...
'Vague Averments': Allahabad High Court Refuses To Entertain PIL Alleging 'Arbitrary' Removal Of Ali Khamenei Portraits By UP Police
The Allahabad High Court (Lucknow Bench) on Tuesday refused to entertain a Public Interest Litigation (PIL) petition filed by a body of Shia scholars challenging the alleged 'arbitrary' police action of removing portraits of recognized Iranian leaders. The PIL petition was filed by Majlis Ulema-E-Hind, through its General Secretary, Maulana Syed Kalbe Jawad Naqvi, seeking to restrain...
S. 437(6) CrPC Doesn't Grant Indefeasible Right To Bail: Allahabad High Court Refuses Relief To Man Accused Of Harbouring ISI Agent
Incarcerated since 2015, the accused allegedly harboured a Pakistani ISI agent for 20 months and facilitated the transmission of classified Indian military data to Pakistan. The trial remains pending at the evidence stage, with not a single prosecution witness examined so far.
'Exposing Minors To Sexual Grooming': Allahabad High Court Issues Notices On PIL Seeking Ban On 'Roblox', Other Gaming Platforms
The Allahabad High Court (Lucknow Bench) has issued notices on a Public Interest Litigation (PIL) petition seeking directions to ban minors' access to the online gaming platform 'ROBLOX' and similar other virtual platforms. A bench comprising Justice Rajan Roy and Justice Manjive Shukla passed the order on a petition filed by Rani Singh, a practising lawyer of the High Court, who...
Voter Can't Claim Right To Vote For General Category Candidate By Seeking De-Reservation Of Constituency: Allahabad High Court
While upholding the validity of Section 9(1)(c) of the Delimitation Act, 2002, the Allahabad High Court has held that a voter cannot claim right to vote for general category candidate by seeking de-reservation of constituency. The bench of Justice Alok Mathur and Justice Amitabh Kumar Rai held,“The right to vote does not imply that a voter can dictate the terms of allotment of a constituency...
UP Goondas Act Should Not Be Misused As 'Tool Of Oppression': Allahabad High Court Quashes Proceedings Based On 2 Criminal Cases
The Allahabad High Court on Wednesday quashed the orders passed by the district authorities declaring a man a 'Goonda' under the U.P. Control of Goondas Act, 1970. It observed that the Act should not be allowed to be misused as a "tool of oppression" of innocent persons. A bench of Justice Subhash Vidyarthi observed that the Act is a "powerful tool for the control and suppression of...
UP Goondas Act | Appellate Authority Cannot Remand Matters To District Magistrate For Fresh Decision: Allahabad High Court
The Allahabad High Court has ruled that an appellate authority acting under Section 6 of the UP Control of Goondas Act, 1970, does not have the statutory power to remand the matter back to the District Magistrate for deciding it afresh on merits. A bench of Justice Sandeep Jain observed that the statute vests the appellate authority with the jurisdiction to either "confirm the order,...
'Intent Is To Wreak Vengeance': Allahabad High Court Discards Dying Declaration, Acquits Husband & In-Laws In Murder Case
The Allahabad High Court last week acquitted a husband and his family members in a 2017 murder and dowry death case while discarding the deceased's dying declaration, after observing that it was made with the intent to “wreak vengeance” rather than state the truth. A bench of Justice Ajay Bhanot and Justice Divesh Chandra Samant thus set aside the trial court's judgment that...