Allahabad High Court
Krishna Janmabhumi Dispute | Allahabad HC Grants Masjid Committee Another Chance To Oppose Maintainability Of 18 Suits, Hearing On June 4
The Allahabad High Court on Friday decided to grant the Committee of Management, Shahi Idgah Masjid, Mathura, another chance to oppose the maintainability of 18 suits filed concerning Mathura's Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute. The matter has been posted for hearing on June 4. The Court made the decision after the Masjid Committee (through Advocate Mehmood Pracha)...
Arbitral Award Can't Be Set Aside Merely Due To Incorrect Application Of Law Or Misinterpretation Of Evidence: Allahabad High Court
The Allahabad High Court bench of Justice Shekhar B. Saraf held that an arbitral award should only be set aside if it is clearly vitiated by "patent illegality" evident on the face of the record. The bench held that an award cannot be annulled merely due to an incorrect application of the law or misinterpretation of evidence.Brief Facts:The matter pertained to the acquisition of land for...
[Mining Lease] Forfeiture Of Earnest Money Only When Documents Found Fabricated: Allahabad High Court Directs Refund Of Rs. 90 Lakhs
The Allahabad High Court has held that earnest money deposited for mining lease can only be forfeited when the documents of an individual are found to be false or fabricated upon investigation.The bench comprising of Justice Anjani Kumar Mishra and Justice Jayant Banerji held that “forfeiture of earnest money could be ordered only when, upon the verification, any document or certificate...
Allahabad High Court Directs Judicial Officer To Explain Passing Of Two Contradictory Orders On Same Day In Same Case
The Allahabad High Court has directed the then Additional Chief Judicial Magistrate of Ghaziabad to file his personal affidavit for passing two contradictory orders on the same day in the same case.Counsel for the applicant submitted that applicant had to lodged a complaint with Economic Offences Wing and filed an FIR under Sections 420, 120-B of IPC, and Sections 7 and 13(1) (A) and 13(2) of...
Allahabad HC Quashes FIRs Against Officer Bearers Of Radhasoami Satsang Sabha, Says Dispute Between District Admin And Sabha Is Civil In Nature
The Allahabad High Court has quashed the FIRs lodged against the office bearers of Radhasoami Satsang Sabha by the District Administration, Agra under Sections 147, 332, 353, 447 IPC read with Section 7 Criminal Law (Amendment) Law 1932 & Section 11 Prevention of Animal Cruelty Act 1960.The bench comprising Justice Siddharth and Justice Syed Qamar Hasan Rizvi relied on the earlier order...
Arbitration Act | Misplacement Of File By Lawyer Not Sufficient Ground For Condoning 966 Days Delay: Allahabad High Court
The Allahabad High Court has refused to condone a delay of 966 days in filing appeal under Section 37 of the Arbitration and Conciliation Act, 1996 which was due to misplacement of case files by the lawyer while shifting his office during Dussehra.“Misplacement of files due to office shifting, especially during a holiday period, is not an uncommon occurrence. However, the burden lies on...
Krishna Janmabhumi Dispute | Allahabad HC Reserves Verdict On Masjid Committee's Plea Challenging Maintainability Of 18 Suits
The Allahabad High Court today concluded the hearing and reserved its verdict on an application filed by Shahi Idgah Masjid (under order 7 Rule 11 CPC) challenging the maintainability of 18 suits filed concerning Mathura's Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute. All 18 suits contain a common prayer seeking the removal of the Shahi Idgah mosque from the 13.37-acre complex it...
Interfaith Couples Can Marry Under Special Marriage Act Without Need Of Conversion: Allahabad High Court
The Allahabad High Court has observed that the law does not prevent an interfaith couple from applying for court marriage under the Special Marriage Act without the requirement of converting their religion. A bench of Justice Jyotsna Sharma observed thus while granting protection to a live-in couple who had moved the court seeking a direction to restrain opposite parties from...
Noting His 'Precarious' Economic State, Allahabad HC Modifies Life Sentence Of Man Who Raped 5-Yr Old Girl To 14-Yr RI
On Friday, the Allahabad High Court modified the sentence of a man convicted of raping a 5-year-old girl from life imprisonment to 14 years of rigorous imprisonment considering his 'precarious' financial situation, as it noted that his mother is a vegetable seller and there is no other earning member in the family. Additionally, a bench of Justice Ashwani Kumar Mishra and Justice...
Giving Dowry An Offence But Bride & Family Admittedly Defy This Law And Go Unpunished Because Of Bar In Law, Alarming: Allahabad High Court
In a recent judgment, the Allahabad High Court has elucidated on provisions of the Dowry Prohibition Act, 1961 and the Uttar Pradesh Dowry Prohibition Rules, 1999 and observed that groom and his family are being prosecuted under Section 3 of the Dowry Prohibition Act, 1961 merely based on the statements made by the bride and her family. However, due to the bar under Section 7(3), no action...
Mere Performance Of Obscene Act Not Sufficient, 'Annoyance Of Others' Needed To Constitute Offence U/S 294 IPC: Allahabad HC
The Allahabad High Court recently observed that to constitute an offence under Section 294 of the Indian Penal Code, the mere performance of an obscene or indecent act is not sufficient; further proof must establish that it was to the annoyance of others, as 'annoyance to others' is essential to constitute an offence under this section. The Court added that when the section...
PIL In Allahabad High Court Alleging Embezzlement And Fraud By Vice Chancellor, Registrar, Professors Of Bundelkhand University
A Public Interest Litigation has been filed in the Allahabad High Court alleging serious embezzlement of university funds and fraud in recruitment process adopted by the management of the Bundelkhand University.It has been alleged that the Rs. 40 crores have been syphoned off from the fund of Bundelkhand University by the Vice Chancellor, Prof. Mukesh Pandey along with the Registrar,...