Allahabad High Court
Allahabad High Court Summons UP Home Secy Sanjay Prasad In Contempt Plea Over Unpaid Compensation, Pending Custodial Death Guidelines
The Allahabad High Court (Lucknow Bench) on Friday summoned Uttar Pradesh Principal Secretary Home Sanjay Prasad to appear in person in a contempt application alleging non-compliance with a Division Bench judgment directing payment of compensation in a custodial death case and framing of guidelines for awarding compensation in such casesDealing with the contempt plea, a bench of Justice...
S.528 BNSS | Can High Court Invoke Its Inherent Powers Suo Motu To Quash Criminal Case In A Complainant's Appeal? Allahabad HC Answers
The Allahabad High Court has clarified that the HC can invoke its inherent powers under Section 528 BNSS (Section 482 CrPC) suo motu to quash criminal proceedings even while dealing with an appeal filed by the complainant where it finds that continuation of the proceedings would defeat the "ends of justice" or amount to an "abuse of the process of any Court".A bench of Justice Subhash...
Wife Needn't File Successive Pleas For Maintenance Recovery: Allahabad High Court Warns Judicial Officers Of Contempt If SC Guidelines Ignored
Clarifying that a wife cannot be compelled to file successive execution applications to recover monthly maintenance, the Allahabad High Court has directed all the Family Court Judges in UP to ensure strict compliance with the Supreme Court judgments on enforcement of maintenance orders, as failure to do so may invite disciplinary as well as contempt proceedings. A bench...
Allahabad High Court Orders Inquiry Against IO For Failing To Seize Mobiles In POCSO Case To Verify Obscene Video Allegations
The Allahabad High Court on Thursday directed the Superintendent of Police, Jaunpur, to conduct an enquiry against an Investigating Officer (IO) who failed to seize the mobile phones of the accused in a POCSO case despite allegations that obscene videos and photographs of the victim had been prepared using those devices.A bench of Justice Arun Kumar Singh Deshwal passed the order while...
Income Tax Act | Notice To Deceased Assessee Under S.148 Void, Not Curable: Allahabad High Court
The Allahabad High Court has held that a notice issued under Section 148 of the Income Tax Act, 1961 in the name of an assessee who was already dead on the date of its issuance is void ab initio, rendering every proceeding taken pursuant to it null and void. It held that the defect goes to jurisdiction and is not a mistake, defect or omission curable under Section 292B of the Act.Section 148...
S.159 Income Tax Act Can't Validate Reassessment Notice Issued To Deceased Assessee: Allahabad High Court
The Allahabad High Court at Lucknow has held that the Income Tax Department cannot invoke Section 159, which allows proceedings against a deceased assessee's legal representative, to continue reassessment proceedings initiated in the name of a dead person. It held that where the notice is issued after the assessee's death, the department must issue a fresh notice to the legal...
Advocates Seeking Adjournments Due To District Court Engagement Show Lack Of Respect Towards HC, Professional Duties: Allahabad High Court
The Allahabad High Court recently deprecated the practice of advocates seeking adjournments on the ground that they are engaged before the district courts.The Court said that such conduct "shows lack of respect towards their professional duties as also towards the High Court" and causes "artificial and unwarranted increase in pendency of matters before the High Court".Importantly, the Court...
No Mini-Trial At This Stage: Allahabad High Court Refuses To Discharge Man Booked Over 'Casteist' FB Post Against MP Chandrashekhar Azad
The Allahabad High Court on Tuesday refused to discharge a man accused of posting casteist remarks against Member of Parliament (Nagina Lok Sabha Constituency) Chandrashekhar Azad on Facebook. The bench observed that at the stage of framing of charge, the Court is only required to examine whether a prima facie case exists and not to conduct a “mini-trial”. A bench...
Chinese National Stayed In Jail For 5 Months Despite Bail After Embassy Refused Guarantee Certificate; Allahabad High Court Steps In
The Allahabad High Court last week modified the bail conditions imposed on a Chinese national accused in a GST evasion case after finding that she remained in jail for nearly five months despite being granted bail because the Chinese Embassy refused to issue a guarantee certificate sought under the original bail order. A bench of Justice Samit Gopal passed the order while allowing...
S. 311 CrPC | Material Witnesses Can Be Summoned Even If Their Examination-In-Chief Hasn't Been Conducted: Allahabad High Court
The Allahabad High Court has held that there is no legal bar to summoning material witnesses under Section 311 CrPC merely because their examination-in-chief has not yet been conducted. The bench observed that if the trial court reaches the conclusion that the examination of a witness is necessary, such a witness can be summoned at any stage, prior to the pronouncement of...
Refusal Of Judicial Remand Doesn't Bar Further Investigation Or Taking Cognizance: Allahabad High Court
The Allahabad High Court has held that merely because judicial remand was earlier declined would not by itself preclude the Investigating Officer from conducting further investigation or prevent the court from independently considering the police report at the stage of taking cognizance.A bench of Justice Zafeer Ahmad made the observation while dismissing a criminal appeal challenging an order...