Rape Victim Can't Be Forced To Give Birth To Child Of Man Who Sexually Assaulted Her: Allahabad High Court

While dealig with a writ plea filed by a 12-year-old year rape victim seeking to terminate her 25-week pregnancy, the Allahabad High Court said that a woman cannot be forced to give birth to the child of a man who had sexually assaulted her. “In the case of sexual assault, denying a woman the right to say no to medical termination of pregnancy and fasten her with the...

Judicial Powers And Duties Of Permanent Judges And Additional Judges Are Same: Allahabad High Court

The Allahabad High Court has held that in so far as judicial powers and duties are concerned, there is no distinction between the judges appointed under Article 217 and additional judges appointed under Article 224 of the Constitution of India. The Court noted that the only difference between the two is with respect to their tenure. “The Hon’ble Chief Justice is the master of the roster...

Allahabad HC Dismisses Plea Seeking Disposal Of Application For Scientific Survey Of Krishna Janmabhoomi-Shahi Eidgah Premises

The Allahabad High Court on Monday dismissed a writ petition filed before it seeking a direction to the Mathura civil judge to decide an application (moved by Shri Krishna Janmabhoomi Mukti Nirman Trust) seeking a scientific survey of Krishna Janmabhoomi-Shahi Masjid Eidgah premises.It was the contention of the petitioner that the Civil Judge should decide upon its application before...

[S.12A Commercial Courts Act] Delay In Instituting Suit Does Not Always Mean No 'Urgent Interim Relief' Is Required: Allahabad High Court

The Allahabad High Court has upheld the order of a Commercial Court at Lucknow rejecting the application of a Petitioner against the maintainability of a commercial suit without availing pre-institution mediation as contemplated in Section 12 A of the Commercial Courts Act 2015.It rejected the contention of the Petitioner that institution of suit challenging contract termination after 2...

'Registered Owner Refuses To Surrender RC Or Absconds' Not Mandatory Conditions To Exercise Power U/S 51(5) Motor Vehicle Act: Allahabad High Court

The Allahabad High Court has held that refusal of registered owner to surrender registration certificate or his abscondance are not mandatory conditions to exercise power under Section 51 (5) of the Motor Vehicle Act, 1988 to cancel and issue fresh certificate of registration. A bench comprising of Justices Manoj Kumar Gupta and Manish Kumar Nigam observed,“The main ingredient for exercise...

Rent Is Not A Tax, Cannot Be Recovered As Arrears Of Land Revenue U/S 173-A Of UP Municipalities Act: Allahabad High Court

The Allahabad High Court has held that the U.P. Municipalities Act, 1916 does not empower any Municipality to recover arrears of rent for a shop as arrears of land revenue under Section 173-A of the Act.Bunch of writ petitions were filed challenging recovery certificates issued by Executive Officer of Nagar Palika Parishad of Bareilly to recover the arrears of rent, allegedly due on...

Temporary/ Seasonal Employment Does Not Amount To ‘Unfair Labour Practice’: Allahabad High Court

The Allahabad High Court has held that temporary/seasonal employment does not amount to ‘unfair labour practices’. Citing the judgment of the Bombay High Court in Bajaj Auto Ltd, Akurdi, Pune Vs. R.P. Sawant and others, a bench of Justice Kshitij Shailendra observed that temporary seasonal increase in work requires more hands to meet the situation. Once, work is completed or season is...

Correctness Of Information Available Cannot Be Gone Into Prior To Issuance Of Notice U/S 148 Income Tax Act: Allahabad High Court

The Allahabad High Court has dismissed a writ petition challenging the validity of the order under Section 148A(d) of the Income Tax Act, 1961 and the consequential notice under Section 148 of the Act on the grounds that the correctness of the information based on assessee’s defense can be determined in the assessment proceedings under Section 148 of the Act. The scope of enquiry under...

Allahabad HC Grants Further 4 Weeks Time To UOI, CBFC To File Reply In PIL Against Al Jazeera's Documentary 'India: Who Lit The Fuse'

The Allahabad High Court on Thursday granted a further 4 weeks' time to the Union of India, Ministry of Information and Broadcasting, Central Board of Film Certification as well as Al Jazeera Media Network Private Ltd. to file their counter affidavit in a PIL plea challenging the broadcast/release of the documentary film "India....Who lit the Fuse?" in India.The film, produced by the...

Convicts, Undertrials Part Of Society, Their Murder Inside Jails 'Blot' On Judiciary: Allahabad HC Directs UP Govt To Firmly Act On Their Wage Revision

Taking a serious note of the lamentable condition of jails across the state of Uttar Pradesh and the plight of convicts and undertrials housed in such prisons, the Allahabad High Court recently directed the State Government to take firm action to revise the wage policy for such jail inmates. Stressing that prisoners are also a part of society, the Court reminded the state government that...

'Person Choosing Violence Can't Plead That State Should Take Measures To Protect His Life': Allahabad HC Denies Relief To Politician Srikant Tyagi

The Allahabad High Court recently observed that a person, who has chosen violence and does not have any value of human life, has no right to plead that the State should take special measures to protect his life from his rivals. The bench of Justice Mahesh Chandra Tripathi and Justice Prashant Kumar observed thus while dismissing a writ plea filed by Noida-based politician Srikant...

Supreme Court Collegium Recommends Appointment Of Justice Devendra Upadhyaya As Chief Justice Of Bombay High Court

Supreme Court Collegium comprising of Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, and Justice Sanjiv Khanna has recommended the appointment of Justice Devendra Upadhyaya of the Allahabad High Court as Chief Justice of the Bombay High Court.The collegium noted that Justice Upadhyaya has acquired eleven years of experience in dispensing justice, and his appointment...