Tenant Claiming Protection Under UP Rent Control Act Must Prove Applicability Of Statute: Allahabad High Court

The Allahabad High Court has held that a tenant must prove applicability of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 to seek protection under its provisions. Dr. Justice Yogendra Kumar Srivastava held,“….where a tenant seeks protection under the provisions of U.P. Act No. 13 of 1972, the burden lies upon the party asserting applicability of...

Bank Can't Metamorphose Into Investigating Agency: Allahabad HC Slaps ₹50K Cost On IOB For Arbitrarily Freezing Account

The Allahabad High Court recently imposed a cost of Rs. 50K on the Indian Overseas Bank for arbitrarily freezing the account of a Firm merely on suspicion without there being any formal complaint or order from an investigative authority, causing it to suffer severe financial loss and disruption of business operations. "The act of the Bank in casually freezing the bank account of...

No Constitutional Embargo: Allahabad HC Upholds Validity Of UP Law Providing Allowances, Benefits To Sitting & Ex-MLAs/MLCs

In a significant judgment, the Allahabad High Court recently upheld the constitutionality of certain provisions of the Uttar Pradesh State Legislature (Members' Emoluments and Pension) Act, 1980, which provide allowances, allied benefits and pensions for sitting legislators and pensions to former MLAs/MLCs. A bench of Justice Rajan Roy and Justice Abdhesh Kumar Chaudhary clarified...

Allahabad HC Grants Interim Protection From Arrest To Woman Accused Of Falsely Posing As 'Aaj Tak' Reporter

The Allahabad High Court recently granted interim protection from arrest to a journalist accused of falsely projecting herself as a reporter of the 'Aaj Tak' news channel and misusing its logo in the photographs with the UP Chief Minister and other eminent persons. Observing that the matter requires consideration, a bench of Justice Rajeev Misra and Justice Padam Narain Mishra...

Varanasi Iftar Row | 'Throwing Non-Veg Food Remains In Ganga Can Hurt Religious Sentiments Of Hindus': Allahabad HC

The Allahabad High Court last week allowed the bail applications of 8 Muslim men accused of organizing an Iftar party, consuming non-vegetarian food on a boat in the river Ganga (in Varanasi) and throwing leftover waste into the river.In separate orders issued on the same day (May 15), Justice Rajiv Lochan Shukla granted bail to 5 of the accused, while Justice Jitendra Kumar Sinha granted bail...

Allahabad HC Directs MHA To Decide In 3 Weeks Application By Karnataka BJP Worker Seeking Z+ Security Cover

The Allahabad High Court has directed the Union of India to take a reasoned decision in 3 weeks on an application moved by a Karnataka-based BJP worker, S Vignesh Shishir, who has been filing petitions against Rahul Gandhi, seeking all-India Z-Plus security cover. A bench of Justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary passed the order while disposing of Shishir's...

Varanasi Ganga Boat Iftar Row | Allahabad High Court Grants Bail To 8 Accused

The Allahabad High Court today allowed the bail applications of 8 Muslim men accused of organizing an Iftar party, consuming non-vegetarian food on a boat in the river Ganga (in Varanasi) and throwing leftover waste into the river. In separate orders issued on the same day, Justice Rajiv Lochan Shukla granted bail to 5 of the accused, while Justice Jitendra Kumar Sinha granted bail to...

Allahabad High Court Dismisses Contempt Plea Against Swami Avimukteshwaranand Saraswati

The Allahabad High Court today dismissed a contempt petition filed against Swami Avimukteshwaranand, the Shankaracharya of Jyotirmath, alleging violation of the High Court-imposed conditions in a POCSO case. A bench of Justice Dinesh Pathak rejected the petition, saying that a contempt case is not made out. It added that if the conditions for bail are being violated, a bail...

Muslim Personal Law Permitting Marriage After Puberty Doesn't Apply To Live-In Relationships: Allahabad High Court

The Allahabad High Court, in a recent decision, observed that Muslim Personal Law does not permit live-in relationships on attaining puberty.Justice Garima Prashad remarked:“Even if some schools of Muslim personal law may recognise marriage on puberty, that concerns marriage and not a live-in arrangement outside marriage.”The Court was considering a plea preferred by an inter-faith...

Disproportionate Assets Complaint Against Rahul Gandhi: Allahabad HC Asks CBI & ED To Verify Allegations, File Progress Report

The Allahabad High Court has directed the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED) to verify allegations and apprise the Court of the progress in respect of a 'Disproportionate Assets' complaint submitted by BJP Karnataka Worker S. Vignesh Shishir against Leader of the Opposition (LoP) in Lok Sabha Rahul Gandhi.The order was passed on Tuesday by a...

Court Can't Protect Live-In Relationships Where Male Partner Is Below Marriageable Age Of 21 Yrs: Allahabad High Court

The Allahabad High Court has held that live-in relationships cannot be protected in exercise of extraordinary jurisdiction under Article 226 of the Constitution of India, if one of the partners is below the statutorily prescribed marriageable age. Justice Garima Prashad however clarified that the parties would still be entitled to protection against harm, in view of their rights under Article...

S.233 CrPC | Accused Has Right To Summon Defence Witnesses, Court's Interference Is Limited: Allahabad High Court

The Allahabad High Court has held that courts cannot ordinarily interfere in accused's rights under Section 233 CrPC to produce defence witnesses. It held that if the Court refuses to issue summons to witnesses sought to be produced by the accused then it can only do so by recording reasons in writing and observing that such summons would delay or defeat the cause of justice.Justice Vivek...