Allahabad High Court
'If True, A Shocking Testimony Of Society': Allahabad High Court Flags 51-Yr Delay In Allotting Land Due To 1971 War Martyr's Widow
The Allahabad High Court on Wednesday expressed strong concern over the plight of a widow of a 1971 war martyr who moved the HC claiming that she had been allotted only 2.5 bighas of land against her entitlement of 5 bighas and has been struggling since 1974 to receive what is due to her. A Bench of Justice Atul Sreedharan and Justice Anish Kumar Gupta remarked that if the claims...
Compelling Wife To Undergo Trial For Inevitable Acquittal Is 'Instrument Of Harassment': Allahabad High Court Quashes POCSO Case Against Husband
The Allahabad High Court recently quashed criminal proceedings under the POCSO Act against a man who married the alleged victim, who also favoured quashing. as it observed that forcing a happily married couple to face trial merely to record a hostile testimony would be an "irony of fate" and an "instrument of harassment”. A bench of Justice Kshitij Shailendra thus allowed the plea...
BNSS | Police Report In Non-Cognizable Offence Is Deemed A 'Complaint'; Accused Must Be Heard Before Summons In Such Cases : Allahabad HC
The Allahabad High Court has recently observed that a police report (charge-sheet) filed for a non-cognizable offence must be treated as a 'complaint' by the Magistrate and not as a police case/state case. This is in conformity with the Explanation to Section 2(1)(h) of the Bharatiya Nagarik Surksha Sanhita, 2023 (BNSS). The Court further noted that in such cases, a Judicial...
Cannot Cancel GST Registration Without Passing Reasoned Speaking Order: Allahabad High Court
The Allahabad High Court has held that while cancelling GST registrations, authorities must pass reasoned and speaking orders. It held that doing otherwise would render the order unsustainable in the eyes of the law. “Once the impugned cancellation order has been passed without putting any proper notice or affording any opportunity of hearing to the petitioner, the same itself is...
'DNA Test Can't Be Directed In Routine Manner': Allahabad High Court Rejects Husband's Paternity Challenge In DV Act Case
The Allahabad High Court recently observed that a DNA test to determine the paternity of a child cannot be directed in a 'routine manner' merely because a party disputes the parentage during legal proceedings. A bench of Justice Chawan Prakash said that such orders for DNA Test can only be passed in specific circumstances where "no chance for cohabitation" is proven...
SC/ST Act Case Can Be Compounded Directly In An Appeal U/S 14-A; Recourse To S. 482 CrPC Not Needed : Allahabad High Court
The Allahabad High Court has recently observed that that criminal proceedings under Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, can be compounded and quashed, based on compromise, directly in a Criminal Appeal filed under Section 14-A(1) of the 1989 Act. A bench of Justice Shekhar Kumar Yadav added that there is no need to take separate recourse...
'Single Act Triggering Communal Tension Vitiates Public Order': Allahabad High Court Upholds NSA Detention
The Allahabad High Court last week upheld the detention of a man under the National Security Act, 1980 (NSA) as it observed that even a single criminal act, if it leads to communal tension and throws the "even tempo of life out of gear", amounts to a violation of public order rather than a mere breach of law and order. A bench of Justice JJ Munir and Justice Sanjiv Kumar thus...
Coop. Bank Officers Are 'Public Servants' Under PC Act; Dept Exoneration Without Finding On Merits No Bar To FIR: Allahabad High Court
The Allahabad High Court has clarified that the employees of Co-operative Banks controlled or aided by the government fall squarely within the definition of a 'Public Servant' under the Prevention of Corruption Act, 1988. The Court further said that a 'technical' exoneration in a departmental inquiry, where the Inquiry Officer merely states a lack of competence to investigate the...
UPGST Act | Confiscation Notice U/S 130 Cannot Be Issued For Mere Violation Of Record-Maintenance Requirements U/S 35: Allahabad HC
Recently, the Allahabad High Court reiterated that notices under Section 130 of the Uttar Pradesh Goods and Service Tax Act 2017 for confiscation and levy of penalty, could not be issued for alleged violation of maintenance of accounts and records as required under Section 35 of the Act. It was held that such notices under Section 130 could only be issued once the...
Revision Not Maintainable Against Interlocutory Order Passed In Interim Injunction Application: Allahabad High Court
The Allahabad High Court has held that a revision is not maintainable against an interlocutory order passed in an interim injunction application. It held that the same could be challenged in writ jurisdiction.In 1985, the deceased executed a will in favour of Respondent No. 5. Thereafter, a second and third will were executed in favour of Respondent No. 4 and the petitioner,...
'Something Wrong Somewhere': Allahabad HC Raps Trial Judge For 'Lethargy' In 20 Yr-Old Case Against Elderly Man; Warns Of Action
The Allahabad High Court last week pulled up a trial court in Prayagraj for its 'lethargic' handling of a 20-year-old criminal case, observing that a 73-year-old accused has been 'victimized' due to the court's routine adjournments and the prosecution's failure to produce even a single witness for the past 13 years. Observing that there appears to be "something wrong somewhere" in...
Allahabad High Court Upholds Man's Conviction For Strangling Minor Daughter, Says Charges Proven Despite Mother Turning Hostile
The Allahabad High Court (Lucknow Bench) today upheld the conviction and life imprisonment of a man for the murder of his 17-year-old daughter, who he suspected of having a relationship with a boy from the same locality. A bench of Justice Rajnish Kumar and Justice Rajeev Singh noted that despite the mother of the victim turning hostile during the trial, the chain...