Allahabad High Court
Habeas Corpus Plea Seeking Custody Not Barred By Guardians & Wards Act, Writ Can Be Invoked In Child's Best Interest: Allahabad High Court
The Allahabad High Court quashed a single judge's order which had rejected a mother's habeas corpus petition seeking custody of her child from the father, observing that her plea could not have been dismissed on the ground that there was remedy available under Guardians and Wards Act. In doing so the court said that the writ court can invoke its extra-ordinary jurisdiction if it is in the...
S. 482 CrPC | Successive Quashing Petitions Not Maintainable On Grounds Available Earlier But Abandoned: Allahabad High Court
The Allahabad High Court today dismissed a 'third' quashing petition filed by an accused relating to the same criminal proceedings, raising a ground that was available earlier but not taken up.A bench of Justice Samit Gopal effectively ruled that successive quashing petitions u/s 482 CrPC seeking to quash criminal proceedings on grounds that were previously available are...
Allahabad High Court Upholds Retrospective Application Of Payment Of Bonus Amendment Act, 2015
The Allahabad High Court has upheld the validity of retrospective applicability of Payment of Bonus (Amendment) Act, 2015 on grounds that no new rights of the employees were being created by the amendment and it was not impairing any existing rights of the employers. The Amendment Act raises the eligibility of 'employee' under the Act from those who earned maximum of Rs. 10,000/- per month...
Allahabad High Court Upholds 1999 Quadruple Murder Conviction Based On Minor Sons' Testimony Against Mother, Her 'Lover'
The Allahabad High Court on Tuesday upheld the conviction and life imprisonment sentence awarded to a man who had committed a brutal quadruple murder in 1999 along with her alleged lover (co-accused, now deceased). A bench of Justice Rajnish Kumar and Justice Zafeer Ahmad relied heavily on the 'natural' and 'consistent' testimony of 2 minor children who witnessed the crime and...
Citizenship Row | Won't Go Into Correctness Of Allegations Or Examine MHA Record: Allahabad HC On Plea For FIR Against Rahul Gandhi
The Allahabad High Court on Monday declined to examine the official records of the 2019 notice issued by the Ministry of Home Affairs to the Leader of the Opposition in the Lok Sabha, Rahul Gandhi. Hearing a petition filed by Karnataka BJP member S. Vignesh Shishir challenging a Lucknow Court's order refusing to direct the registration of an FIR against Gandhi over his alleged...
No 'Mens Rea'; Merely Filing 'False' Cases Against Husband Not Abetment Of Suicide: Allahabad HC Grants Relief To Wife
The Allahabad High Court has observed that a wife and her relatives cannot be held liable for abetting her husband's suicide merely because they filed cases against him over a matrimonial dispute. The Court said that the mere act of lodging cases alone, even if they are alleged to be false, does not establish the requisite mens rea (guilty intention) needed to constitute the...
Allahabad High Court Registers Suo Motu PIL To Formulate Comprehensive Medical Insurance Scheme For UP Lawyers
In a significant move, the Allahabad High Court last week directed the registration of a suo motu Public Interest Litigation to explore the framing of a comprehensive insurance scheme for practising lawyers across the State of Uttar Pradesh. This comes after the Court noted multiple instances of advocates facing severe monetary difficulty while undergoing medical treatment for...
'Serious Lapse In Investigation': Allahabad High Court Acquits Man Who Spent 11 Years In Jail In Minor's Rape Case
The Allahabad High Court (Lucknow Bench) recently acquitted a man who spent 11 years in jail in connection with a 14 year old girls' rape case dating back to 2010. The bench observed that the police had committed a "serious lapse" by failing to match the human semen found on the victim to the accused. A bench of Justice Rajan Roy and Justice Brij Raj Singh set aside the 2018 trial...
'Chilling Trend': Allahabad HC Slams Public Perception That Bribes Can Buy Anything, Denies Relief In Fake PhD Fraud FIR
The Allahabad High Court recently took exception to the growing perception among the common man that anything can be purchased with bribes, including academic degrees and university jobs. A Bench of Justice JJ Munir and Justice Tarun Saxena thus refused to quash an FIR against a woman accused of defrauding an aspirant of over ₹22 lakh under the pretext of securing a PhD degree and...
S. 194 BNSS | Inquest Report Meant Only To Note Apparent Cause Of Death, Need Not Name Assailant: Allahabad High Court
The Allahabad High Court has observed that the only purpose of inquest report prepared under Section 194 BNSS is to make a prima facie opinion about the apparent cause of death and injuries and there is no statutory requirement to mention the name of accused. A bench of Justice Arun Kumar Singh Deshwal noted thus while rejecting the bail application of a murder accused. It was...
Electricity Department Strictly Liable In Electrocution Cases, Proof Of Negligence Not Needed: Allahabad High Court
The Allahabad High Court has held that the principle of strict liability is applicable in cases of electrocution and the fault of employees of the electricity company in installing and maintaining the lines is irrelevant. It held that the burden to prove injury is on the person claiming compensation. Holding that the compensation in cases of electrocution must be determined in accordance with...
Civil Courts Can't Decide Premature Loan Repayment Disputes, Only NCLT Has Jurisdiction: Allahabad High Court
The Allahabad High Court has held that civil courts cannot decide disputes regarding premature repayment of a loan. Only the National Company Law Tribunal (NCLT) has such jurisdiction under Section 45QA of the Reserve Bank of India Act, 1934, read with Section 430 of the Companies Act, 2013.Section 45QA of the Reserve Bank of India Act, 1934, empowers the Company Law Board, constituted...