Allahabad High Court
'Social Media Handles Not Immune From Indian Laws': Allahabad High Court On 'X' Corp Stonewalling Obscene Video Probe
The Allahabad High Court last week took exception to the non-cooperative stance of the social media platform 'X' Corp (formerly Twitter) in a cybercrime investigation. The HC said that multinational digital platforms/handles cannot claim immunity from accountability under Indian Law. A bench of Justice Ajay Bhanot and Justice Divesh Chandra Samant observed...
Caught Red-Handed Accepting ₹300 Bribe In 1977, Allahabad High Court Upholds Lekhpal's Conviction 49 Years After Crime
The Allahabad High Court last week dismissed a 41-year-old criminal appeal, upholding the 1985 conviction of a Consolidation Lekhpal who was caught red-handed accepting a bribe of ₹300, nearly half a century ago. A bench of Justice Sanjiv Kumar thus upheld the 1-year rigorous imprisonment sentence awarded to him. He was directed to surrender before the Trial Court within 4 weeks...
Mere Omission Or Misplacement Of Document Page Doesn't Warrant Review Of Judgment Unless It Caused Manifest Injustice: Allahabad High Court
The Lucknow Bench of the Allahabad High Court has held that a judgment is not erroneous and subject to review merely because of omission, misplacement or non-tagging of a particular page, unless such omission results in patent error apparent on the face of the record or causes manifest injustice. Justice Karunesh Singh Pawar held,“…mere omission, misplacement or non-tagging of a...
Ram Mandir Donation Row: High Court Refuses To Entertain PIL For CBI Probe, Notes Similar Matter Already Reached SC
The Allahabad High Court today refused to entertain a Public Interest Litigation (PIL) plea seeking a CBI probe into the Ram Mandir donation row, noting a similar plea with similar prayers has already been filed before the Supreme Court. A bench of Justice Rajan Roy and Justice Manjive Shukla was hearing the petition filed by practising Advocate Mohit Ashok, seeking...
PMLA | Assets From Unknown Sources Can't Be Presumed To Be Derived From Scheduled Offence Constituting 'Proceeds Of Crime': Allahabad High Court
The Allahabad High Court has held that assets derived from unknown sources of income cannot presumed to be from scheduled offences under the Prevention of Money Laundering Act, 2002.“A person may have assets derived from unknown source of income, however, that by itself cannot be presumed that the aforesaid assets are derived from schedule offence,” held Justice Vikram D. Chauhan...
'Tejo Mahalaya' Temple Claim: Allahabad High Court Issues Notice To Centre, ASI On Plea Against Agra Court's Refusal For Taj Mahal Survey
The Allahabad High Court today issued notices to the Centre and the Archaeological Survey of India (ASI), seeking their responses to a plea challenging an order of an Agra Court refusing a survey of the Taj Mahal.A bench of Justice Rohit Ranjan Agarwal passed the order after hearing Advocate Hari Shankar Jain, appearing for the petitioner, who claims that the world-famous monument is actually...
Stamp Duty | Collector's Spot Inspection Without Notice To Party Doesn't Invalidate Proceedings If No Prejudice Caused: Allahabad High Court
The Allahabad High Court has held that a spot inspection conducted by the District Magistrate in stamp duty deficiency proceedings without issuing notice to the party is an irregularity, and not an illegality, where no prejudice is caused to the party. The Court held that under Rule 7(3) of the U.P. Stamp (Valuation of Property) Rules, 1997, it is not mandatory for the Collector to conduct...
Permanent Lok Adalat's Mere Observation That 'Conciliation Was Attempted But Failed' Not Legally Sufficient: Allahabad High Court
The Allahabad High Court has held that Permanent Lok Adalat's mention of 'conciliation attempted but failed' is a general reference which is not legally sufficient as per the judgment of the High Court in Manager Life Insurance Corporation of India, Basti vs. Permanent Lok Adalat, Basti and others. In Manager Life Insurance Corporation of India, Basti vs. Permanent Lok Adalat, Basti and...
S.313 CrPC | Viscera Report Not Put To Accused Cannot Be Relied Upon: Allahabad High Court Sets Aside 1989 Murder Conviction
The Allahabad High Court has categorically ruled that a viscera report cannot be relied upon to secure a conviction if the report was never specifically put before the accused during their examination under Section 313 CrPC. A Bench of Justice Siddhartha Varma and Justice Jai Krishna Upadhyay clarified that merely questioning an accused with regard to poison being administered to...
State Can't Claim Land Is Pond Without Challenging 113 Years Old Sale Deed, Decades-Old Abadi Entries: Allahabad High Court
While dealing with a writ petition seeking No Objection Certificate for construction of a hotel on the land in question, the Allahabad High Court held that the land cannot be claimed as 'pond' without challenging the sale deed for the land which was made 113 years ago. While the Municipal Corporation, Varanasi pleaded that the land was a pond in Fasli year 1291, corresponding to 1884...
