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...

Lucknow Fire Tragedy | Loss Of Lives Was Preventable: High Court Flags Inaction Of Authorities, Regulatory Failures; Seeks Safety SOP

Authorities spring into action after tragedies, but their 'promptness soon dies', and fresh incidents happen, said the Allahabad High Court

Unbridled Discretion: Why Allahabad High Court Wants Software-Based, QR Code-Enabled Caste Certification In UP

Such a system would do away with the "unwanted and unbridled discretion" currently left with the executing authorities : HC Said

Taj Mahal Is 'Tejo Mahalaya' Temple: Plea In High Court Against Agra Court's Refusal To Appoint Advocate-Commissioner For Survey

A petition has been filed before the Allahabad High Court challenging an order of the Agra Court refusing to appoint an Advocate-Commissioner to conduct inspection, photography, and videography of the Taj Mahal. The petition has been filed on behalf of the deity, "Lord Sri Agreshwar Mahadev Nagnatheswar Virajman," through next friend, Advocate Hari Shankar Jain, along with...

Senior Citizens Act Can't Be Invoked To Decide Title Dispute Unless Transfer Is Challengeable Under Section 23: Allahabad High Court

The Allahabad High Court has held that Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot be invoked to decide title disputes which fall beyond the scope of the provision. It held that unless the conditions provided in Section 23 are met, title disputes cannot be decided by the Tribunal under the Act. For context, Section 23 allows senior citizens to...