S. 362 CrPC No Bar To Altering Bail Conditions: Allahabad High Court Revokes 'Onerous' ₹64 Lakh Deposit Condition After 12 Yrs

The Allahabad High Court has ruled that the statutory bar under Section 362 CrPC (Court not to alter judgment) does not apply to the modification or relaxation of conditions imposed in a bail order. "…an order granting bail is a merely an interlocutory order and it would not fall withing the scope and ambit of the phrase 'a judgment or final order disposing of a case' used in...

Objections By Apartment Association Can't Override Consent Of Individual Flat Owners For Additional Development: Allahabad High Court

The Allahabad High Court has held that objections by Apartment Owner's Association cannot invalidate the consent given by individual flat owners for further development and purchase of additional FAR (floor area ratio) by the developer. Justice Arun Kumar held,“A representative body cannot, merely by passing a resolution, invalidate contractual declarations and consents furnished by hundreds...

POCSO Act Prevails Over Personal Law: Allahabad High Court Refuses To Quash FIR Over 'Repeated Rape' Under Guise Of Nikah Halala

The Allahabad High Court on Thursday refused to quash an FIR lodged against 9 persons accused of raping the informant when she was a minor during a 2016 'nikah halala', and later subjecting her to gang rape as an adult during a second, 'double' halala in 2025.In its 19-page judgment, a bench of Justice JJ Munir and Justice Tarun Saxena categorically stated that "when it comes to criminal...

Places Of Worship Act Only Prohibits 'Conversion' Of Religious Character, No Bar On State Acquisition For Public Purpose: Allahabad High Court

The Allahabad High Court has ruled that the Places of Worship (Special Provisions) Act, 1991, prohibits only the 'conversion' of the religious character of a place of worship from one religious denomination to another, but it does not bar the State from acquiring such properties for 'secular' and 'public' purposes. With this, a Bench of Justice JJ Munir and Justice Arun Kumar dismissed...

Shia Body Moves Allahabad High Court Against UP Police's 'Forced' Removal Of Ali Khamenei Portraits, FIRs Against Mourners

A body of Shia scholars has moved the Allahabad High Court (Lucknow Bench), challenging the 'arbitrary' police action in the State, including the alleged forced removal of religious posters from private properties and the registration of FIRs against 'peaceful' mourners belonging to the State's Shia community. The Public Interest Litigation (PIL) plea, moved by Majlis Ulema-e-Hind through...

Is A Doctor's Specific 'Fit State Of Mind' Certificate Necessary To Rely On A Dying Declaration? Allahabad High Court Answers

doctor's endorsement regarding the mental fitness of the deceased to make his/her declaration is not a rule of law or a mandatory provision, but merely a rule of prudence : Allahabad HC

Sniffer Dog Evidence Can't Be Relied Upon Without Handler's Testimony & Tracking Panchnama: Allahabad High Court Sets Aside Conviction Of 4

The Allahabad High Court has ruled that sniffer dog evidence cannot be relied upon in the absence of a complete record of the exact manner in which tracking was done (the proceedings of the sniffer dog) in the Panchnama and the examination of the dog handler in the court. A bench of Justice JJ Munir and Justice Vinai Kumar Dwivedi added that there must be no discrepancy between the...

Understanding Of Law At An All-Time Low: Allahabad High Court Rejects PIL Seeking Recall Of Murder Convict's Bail, Imposes ₹50K Cost

The Allahabad High Court last week dismissed a Public Interest Litigation (PIL) plea that sought a direction to the police and the State of UP to recall a Division Bench's orders granting bail and suspending the sentence of a murder convict. Strangely, the PIL plea also prayed that the appeal pending before the High Court be sent to the MP/MLA Court, which the Court noted is essentially...

Professional Fee Paid By Accused-Client Is Not 'Proceeds Of Crime' Unless Advocate Himself Is Complicit: Allahabad High Court

An Advocate could be defending an accused who is indeed involved in a big scam or fraud but when fee is remitted by such an accused to his learned Counsel in account the money cannot be said to be proceeds of crime, High Court said.

Allahabad High Court Stays Arrest Of Man Accused Of Hurting Sentiments By Throwing Liquor Bottle Into Mosque In Inebriated State

The Allahabad High Court on Monday granted interim protection from arrest to a man who is facing an FIR for allegedly throwing a liquor bottle into a mosque and thereby hurting religious sentiments.Granting him protection, a bench of Justice JJ Munir and Justice Achal Sachdev remarked, prima facie, that because the petitioner was in an inebriated condition, he could not have intended to...

Period Of Limitation For Execution Of Partition Decrees Is Independent Of Engrossment: Allahabad High Court

The Allahabad High Court has held that the period of limitation for execution of a partition decree is independent of it's engrossment. It also held that stamp duty on engrossment of the partition decree is different and operates in a different field from court fees payable on execution or appellate proceedings. “As to when would such right to apply for engrossment of a final decree on...

Order Asking Alleged Contemnor To Explain Why Charges Shouldn't Be Framed Not Appealable Under Contempt Act: Allahabad High Court

The Allahabad High Court has held that an appeal under Section 19(1)(a) of the Contempt of Courts Act, 1971 is not maintainable against an order merely directing an alleged contemnor to appear and explain why contempt charges should not be framed. The Court, however, clarified that the aggrieved party is not left remediless and may avail the remedy of a Letters Patent Appeal.A contempt...