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 Allahabad High Court

Codeine Cough Syrup Within Permitted Quantity Attracts NDPS Act If Stocked Or Sold For Intoxication: Allahabad High Court

The Allahabad High Court has held that codeine-based cough syrup carrying codeine within the permitted limit is not a narcotic drug so long as it is sold or transported for medicinal use, but that the moment it is stocked, sold or transported to be used as an intoxicant, the exemption is lost and it becomes a codeine preparation attracting the Narcotic Drugs and Psychotropic Substances...

Accused Taken From Rajasthan Or Found In UP? UP Police Accused Of Fake Encounter; Allahabad High Court Seeks ADGP, CP Reports

In a plea alleging a fake encounter by police officials, the Allahabad High Court has sought reports from senior officers of the Uttar Pradesh and Rajasthan Police after conflicting versions emerged regarding the arrest of a theft accused from Jaipur (Rajasthan) and his subsequent injury in an alleged police encounter in Firozabad (UP).A Bench of Justice Ajay Bhanot and Justice Divesh...

Cant Wait Perennially: Allahabad High Court Rejects Absconding Accuseds 1982 Attempt-To-Murder Appeal On Merits In Her Absence

The Allahabad High Court has dismissed a 42-year-old attempt-to-murder appeal on merits despite the absence of the absconding accused-appellant while holding that it was not bound to wait perennially until she was traced and produced before the Court.A bench of Justice Vani Ranjan Agrawal was hearing a Criminal Appeal filed in 1982 by the absconding accused, Phulmati, against the Trial...

Creating Email ID In Anothers Name Prima Facie Not Identity Theft U/S 66-C IT Act: Allahabad High Court

The Allahabad High Court (Lucknow Bench) has prima facie observed that merely creating an email ID in another person's name does not constitute an offence under Section 66-C of the Information Technology Act, 2008, which deals with the punishment for 'identity theft'.Section 66-C IT Act provides punishment where a person fraudulently or dishonestly makes use of the electronic signature,...

UP Panchayat Raj Act | Inquiry Against Gram Pradhan For Fund Misuse Not Wiped Out Merely Because Her Tenure Ended: Allahabad High Court

The Allahabad High Court has held that a pending inquiry under Section 95(1)(g) of the U.P. Panchayat Raj Act, 1947 against a Gram Pradhan cannot be treated as infructuous, or allowed to be stalled, merely because her tenure in office has since come to an end. The Court held that such proceedings must be carried to their logical conclusion, given the consequences that survive the end of...

NEET | Debarring Candidate Who Vacates Allotted Medical Seat From Next Sessions Admission Process Is Valid: Allahabad High Court

The Allahabad High Court has upheld a Government Order debarring a candidate who leaves a medical seat before completing the course, from the admission process of the subsequent academic session.The Court held that while considering the rights of a candidate seeking to vacate an allotted seat, the rights of another candidate who was denied that seat cannot be lost sight of.The Government...

NDPS Act | IOs Oral Apprehension Of Seized Items Being Drug-Sale Proceeds No Ground To Withhold Them: Allahabad High Court

The Allahabad High Court has held that merely on the basis of the investigating agency's oral apprehension that articles recovered from an accused's personal search could be proceeds of illegal narcotics sale, the accused cannot be deprived of their use.A bench of Justice Dr. Gautam Chowdhary observed thus while setting aside an order of the Varanasi trial court refusing to release gold...

Revenue Entry Not Set Aside By Competent Authority Cant Be Treated As Forged Merely On Allegation: Allahabad High Court

The Allahabad High Court has held that a revenue entry which has not been cancelled, corrected or set aside by a competent revenue authority or court, cannot be treated as forged merely because the opposite party alleges forgery. It held that though such an entry does not by itself create title, its evidentiary effect cannot be ignored altogether, and a party relying on its falsity must...

Appointments Cant Be Cancelled By Appointing Authority Merely On Direction Of State Govt: Allahabad High Court

The Allahabad High Court has held that an appointing authority cannot cancel appointments merely on the direction of the State Government, without applying its own mind. It set aside the termination of Assistant Managers of the U.P. Cooperative Bank whose appointments were cancelled in 2019 after the Principal Secretary, Cooperative, directed that they be cancelled.Justice Rajeev...

Allahabad High Court Says States “NIL” Dues Claim Must Be Tested Against Departments Own Earlier Admission

The Allahabad High Court has held that where the State asserts, on the strength of a fresh verification exercise, that nothing remains outstanding to a contractor, the writ court is not bound to act on that assertion and must itself check the amounts released against the figure the department had earlier admitted to be payable. The bench of Justice Shekhar B. Saraf and Justice Abdhesh...