Allahabad High Court
Allahabad High Court Holds Urgent 7 PM Hearing Over Assault On Women Lawyers At Lucknow Court; Orders Security
Taking serious note of allegations that 3 Delhi-based advocates, including 2 women lawyers, were assaulted and prevented from appearing before a court at the Lucknow District Court, the Allahabad High Court on Tuesday convened a special Bench at 7 PM. The development came just hours after a practising Supreme Court advocate alleged before the Chief Justice of India's Court that she and...
Allahabad High Court Cancels Interim Bail Of Advocate Accused Of Sexually Harassing, Stalking Woman Lawyer
The Allahabad High Court on Monday cancelled the interim bail of an advocate accused of harassing and stalking a lady colleague while observing that his acts of writing directly to the judge's chamber and showing up in open court in violation of his explicit undertaking were "contemptuous and wholly unprofessional". Cancelling his bail and ordering that he be taken into...
No Purpose In Sending 92-Year-Old Man To Jail: Allahabad High Court Modifies Sentence In 1982 Criminal Assault Case
The Allahabad High Court on Monday upheld the conviction of a 92-year-old man in connection with a 1982 assault case; however, it modified his sentence to the period already undergone in jail, considering that no useful purpose would be served by sending him to prison now. A bench of Justice Sanjiv Kumar thus partly allowed the criminal appeal filed by the appellant (Chhotey Lal) in...
'Satiating Bloodlust' Of Society: Allahabad High Court's Justice Atul Sreedharan Slams 'Bulldozer Actions' To Punish Accused
Making strong observations regarding the UP Government's recent "bulldozer actions", Justice Atul Sreedharan of the Allahabad High Court on Monday said that the State is demolishing the houses of persons accused of an offence "to satiate the perceived blood lust of a society fed on a staple diet of bulldozer justice"."The State is certain that the society suffers from...
All Legal Heirs Of Deceased Tenant Need Not Be Impleaded In Eviction Proceedings; One Co-Tenant Can Represent Entire Tenancy: Allahabad High Court
The Allahabad High Court has held that impleadment of every legal heir of a deceased tenant is not mandatory in eviction proceedings. It held that the tenancy of a deceased tenant devolves upon the heirs as a joint and indivisible unit, and effective representation of the tenancy by one co-tenant in possession suffices. It held that non-joinder of the remaining heirs not being fatal to...
Split Verdict On 'Bulldozer Justice': Allahabad High Court Judges Differ On 2-Year Ban On Razing Houses Of Accused Post-FIR
In a significant development concerning the demolition action across the state, a division bench of the Allahabad High Court today delivered a split verdict on whether the State can be barred from taking any action to demolish the house of an accused for a period of two years from the date of registration of an FIR. While Justice Atul Sreedharan observed that a 2-year hiatus must be put...
Police Negligence Delays Bail Hearing, Leaves Man In Jail For 15 Extra Days: Allahabad High Court Imposes ₹1 Lakh Cost On UP Govt
The Allahabad High Court last week imposed a cost of Rs 1,00,000 on the Uttar Pradesh government for negligence on the part of certain police officials, which delayed the disposal of a bail application and left a man in jail for an extra 15 days. A bench of Justice Arun Kumar Singh Deshwal directed that the amount so imposed be paid to the bail applicant. However, the State Government...
FSL Reports Must Disclose Scientific Data, Reasons : Allahabad High Court Recommends Forensic Reforms, Acquits Murder Accused
The Allahabad High Court has held that Forensic Science Laboratory (FSL) reports must disclose specific reasons and scientific data. It added that a report merely recording a conclusion without detailing the tests conducted or the criteria used is inadmissible in evidence. A bench of Justice Ajay Bhanot and Justice Divesh Chandra Samant made these significant observations while recommending...
'Not Of Sound Mind': Allahabad High Court Orders Mental Examination Of Man Accused Of Blackmailing Woman With Obscene Photos
The Allahabad High Court recently directed the medical examination of a man who has been accused of extracting a victim's obscene photographs and continuously blackmailing her, noting that he doesn't appear to be a person of sound mind. A bench of Justice Arun Kumar Singh Deshwal passed the order after reviewing the nature of the filthy messages and social media posts made by...
Lessee Can't Be Forced To Pay Installments Accruing Due To State's Delay In Termination Of Mining Lease: Allahabad High Court
The Allahabad High Court has held that where a mining lessee defaults in paying royalty and thereby gives the State ground to terminate the lease, the State's unexplained delay in exercising its power to determine the lease under Rule 58 of the U.P. Minor Minerals (Concession) Rules, 1963 amounts to arbitrary action. It held that the lessee cannot be forced to pay the installments that fell...
Omission Of S.34 IPC In Judgment Not Fatal Where Common Intention Is Established: Allahabad High Court Upholds Murder Conviction
The Allahabad High Court has observed that the omission of Section 34 IPC in the operative portion of a judgment is not fatal to a case if the prosecution has successfully established the common intention. A bench of Justice Salil Kumar Rai and Justice Ajay Kumar-II clarified that Section 34 IPC is not a substantive offence and does not create an offence by itself; instead, it is merely a...