Failure To Explain Wife's Death In Home Completes Chain Of Guilt: Allahabad High Court Affirms Murder Conviction Of Husband, In-Laws

The Allahabad High Court recently observed that if a woman dies an unnatural death within the four walls of her matrimonial home and a strong chain of circumstantial evidence points to the guilt of the accused, the burden lies upon the inmates of the house to explain the circumstances of her unnatural death under Section 106 Evidence Act. A bench of Justice JJ Munir and Justice...

Reliable Testimony Of Witness Cannot Be Discarded Solely Over Relationship With Victim: Allahabad High Court Affirms Murder Conviction

The Allahabad High Court last week affirmed that the testimony of eyewitnesses who are close family members of the victim of the crime cannot be discarded solely on account of their relationship with the victim. The Court added that a close relative is a natural witness who would normally be most reluctant to spare the real culprit and falsely implicate an innocent one A...

Registration Act | Presence Of Buyer & Seller Not Mandatory For Registration Of Sale Deed In Uttar Pradesh : Allahabad High Court

The Allahabad High Court has held that the presence of the buyer or the seller is not mandatory at the time of execution and registration of a sale deed in Uttar Pradesh, as Section 32A of the Registration Act, 1908, as applicable in the State, is different from the provision contained in the Central Act.Section 32A of the Central Act requires every person presenting a document for...

Police On Pandemic Duty Are 'COVID Warriors': Allahabad High Court Orders ₹50 Lakh Ex-Gratia For Head Constable's Widow

The Allahabad High Court has ruled that police department personnel deployed for the prevention and control of COVID-19, as well as for spreading public awareness and helping infected persons, are fully entitled to be treated as "COVID Warriors" under the State's welfare scheme. A bench of Justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary passed the order while directing...

'Highly Disrespectful' To Past Order: High Court Summons Top Secy Over Failure To Fill 'UP Minorities Commission' Vacancies Since 2024

The Allahabad High Court on Monday summoned the Additional Chief Secretary of the Minorities Welfare Department, Uttar Pradesh, to explain the State's continuous failure to appoint the Chairman and Members of the Uttar Pradesh Commission for Minorities, whose previous tenure ended in 2024. Taking strong exception to the State's conduct, a bench of Justice Rajan Roy and...

Suit For Redemption Of Mortgage Sold Pursuant To Award Under UP Co-operative Societies Act Barred U/S 111(d): Allahabad High Court

The Allahabad High Court has held that a civil suit seeking redemption of a mortgaged property which has already been sold pursuant to an award passed under the UP Co-operative Societies Act, 1965 is barred under Section 111(d) of the Act, as the relief cannot be granted without interfering with the award.Section 111 of the UP Co-operative Societies Act, 1965 bars the jurisdiction of civil...

Electricity Workers Supplying Power To Hospitals, Oxygen Plants Are 'COVID Warriors': Allahabad High Court Orders ₹50 Lakh Ex-Gratia

The Allahabad High Court recently reiterated that a "myopic interpretation" cannot be given to COVID-Duty so as to confine it only to persons specially assigned to discharge their duties in the treatment of people in hospitals. The bench thus held that essential service workers, such as electricity department employees who ensured uninterrupted electricity supply to hospitals and...

Shariat Law Allowing Marriage At Puberty Violates POCSO; Prohibition On Child Marriage Applies To All Religions: Allahabad High Court

The Allahabad High Court has held that the Shariat/Muslim Personal Law permitting puberty as the competent age for a girl to marry runs clearly in the teeth of the Prohibition of Child Marriage Act, 2006, as well as the POCSO Act. A bench of Justice JJ Munir and Justice Achal Sachdev further observed that the age of marriage, for every citizen of the country, irrespective of religion,...

Election Tribunal Cannot Scrutinize Validity Of Duly Issued Caste Certificate In Election Petition: Allahabad High Court

The Allahabad High Court has observed that an Election Tribunal does not have jurisdiction to verify or declare a caste certificate forged; hence, a duly issued certificate cannot be challenged or scrutinized in an election petition.A bench of Justice Neeraj Tiwari made this observation while dismissing an election petition filed by one Radha Charan, who sought to set aside the election of...

Contents Of FIR Inadmissible, Cannot Be Proved Through Scribe If Informant Dies Natural Death Before Testifying: Allahabad High Court

The Allahabad High Court has held that if a first informant dies a natural death before the commencement of a criminal trial or before testifying, the contents of the FIR cannot be proved through a scribe or an investigating officer. A Bench of Justice J.J. Munir and Justice Saurabh Srivastava clarified that if an informant's death has no connection whatsoever with the complaint lodged,...

Preventive Detention Of Person Already In Jail Vitiated If Detaining Authority Doesn't Know Case In Which He Is Incarcerated: Allahabad High Court

The Allahabad High Court has held that an order of preventive detention passed under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 against a person already in jail is vitiated by non-application of mind, where the Detaining Authority does not know, or wrongly knows, the case in which the detenu is in custody. It held that without...

Documentary Evidence Can't Be Basis Of Guilt In Departmental Proceedings Unless Proved Through Oral Evidence: Allahabad High Court

The Allahabad High Court has held that disciplinary proceedings conducted under Rule 7 of the Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999 stand vitiated where no oral inquiry is conducted and no oral evidence is led by the department to prove the documents relied upon in support of the charge-sheet. It held that a finding of guilt against a charged employee cannot rest...