State Bar Council Can't Control Or Regulate District Bar Association Elections: Allahabad High Court

The Allahabad High Court recently held that the State Bar Council lacks authority to "control or regulate" the elections of Bar Associations as they are governed by their own bye-laws.A bench of Justice Atul Sreedharan and Justice Anish Kumar Gupta thus set aside a directive issued by the Bar Council of Uttar Pradesh (respondent no.3) placing a temporary embargo on holding elections for...

Illegal Construction | Once Undertaking Given To Demolish, Offending Party Cannot Expect Authority To Seek Compounding: Allahabad High Court

The Allahabad High Court has observed that once an undertaking has been given for taking down illegal construction, the offending party cannot expect the Development Authority to approach it for compounding of the map.While dealing with a case regarding illegal and unsanctioned construction in New Katra, Prayagraj, the bench of Justice Saral Srivastava and Justice Sudhanshu Chauhan...

Despite Long Cohabitation, Woman Can't Claim Maintenance From Partner U/S 125 CrPC If Her First Marriage Subsists: Allahabad High Court

The Allahabad High Court has ruled that a woman can't claim maintenance under Section 125 CrPC from a partner she lives with if her first marriage is still legally valid. The Court held that even a long-term relationship resembling marriage does not grant her the legal status of a 'wife' if she has not obtained a divorce from her first husband.A bench of Justice Madan Pal Singh observed...

Codeine Syrup 'Racket' | Allahabad High Court Grants Interim Relief To Alleged Kingpin, Other Co-Accused In NDPS Act FIR

Last week, the Allahabad High Court granted an interim stay on arrest to the alleged kingpin, Shubham Jaiswal and a few other co-accused in connection with an FIR lodged under the Narcotic Drugs and Psychotropic Substances Act, 1985, concerning the suspected Codeine Cough Syrup Racket. Various persons, including Shubham Jaiswal, approached the High Court under Article 226 of the...

Allahabad High Court Directs UP Police To Send Instructions By E-mail In Criminal Cases, Calls For Immediate ICJS Integration

In a significant order, the Allahabad High Court has directed the Director General of Police (DGP) to issue necessary directions to ensure that instructions in bail and other criminal matters are sent to the High Court's Government Advocate via electronic mode, specifically email, rather than the usual manual method. A bench of Justice Arun Kumar Singh Deshwal directed thus, noting...

Allahabad High Court Cautions State Authorities Against Lodging 'Mimeographic Style' FIRs Under Stringent UP Anti-Conversion Act

The Allahabad High Court (Lucknow Bench) has cautioned the Uttar Pradesh State authorities against registering mechanical and routine cases under the stringent Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. The Court observed that, given the 'stringent' provisions of the special Act, the authorities must exercise greater care and avoid registering FIRs in...

'Gross Violation Of Art. 21': Allahabad High Court On Convict Detained For 2+ Months Despite Completing Sentence & Stay On Fine

The Allahabad High Court last week directed the immediate release of a convict who had already served the entire 10-year sentence but had to remain in custody for 2.5 months due to non-payment of a fine of Rs. 27 lakhs. A bench of Justice Sameer Jain observed that his continued detention, despite an order of the HC staying the recovery of the fine, constitutes a "gross violation...

Shifting Bank Branch Doesn't Require RBI Permission Under 2017 Guidelines: Allahabad High Court Dismisses PIL

Recently, the Allahabad High Court denied relief to a litigant challenging the shifting of Indian Bank Branch to another village without the permission of RBI.Petitioner, Gram Pradhan, approached the High Court against shifting of the branch of the Indian Bank located in Block Mau Aima, Tehsil Soraon, District Prayagraj to another location on grounds that it would cause great hardship to...

GST | Allahabad High Court Grants Stay On Composite Show Cause Notice For Multiple Assessment Years

Recently, the Allahabad High Court has granted stay on composite show cause notice issued by the Directorate General of GST Intelligence where multiple assessment years have been clubbed in one show cause notice. Petitioner approached the High Court against a single show cause notice issued by the Additional Director, Directorate General of GST Intelligence, Ghaziabad for tax...

S. 13 Of Public Gambling Act Is A Cognizable Offence; Police Can Arrest & Investigate Without A Warrant: Allahabad High Court

The Allahabad High Court recently ruled that the offence of gaming in a public street or place under Section 13 of the Public Gambling Act, 1867, is cognizable because the provision itself permits a police officer to apprehend the accused without a warrant.By necessary implication and in view of Section 2 (c) CrPC, the Court further held that the police may also register an FIR and...

UP Panchayat Polls: Allahabad High Court Issues Notice On PIL Seeking 'NOTA' Option & Candidate Names On Ballot Papers

The Allahabad High Court (Lucknow Bench) on Friday issued notices and granted a 4-week time to the State Election Commission and the UP Govt to file their responses to a Public Interest Litigation (PIL) plea praying for the mandatory inclusion of the 'None of the Above (NOTA)' option in the ballot papers and EVMs for the Panchayat Polls in the State. A bench of Justice Rajan Roy...

S. 321 CrPC | Mere State Govt's Intention To Withdraw Prosecution Not Binding; Independent Scrutiny By PP & Court Mandatory: Allahabad HC

The Allahabad High Court on Thursday observed that a "mere expression of intention" by the State Government to withdraw from the prosecution in a particular case neither binds the Court nor dilutes the statutory requirement of independent scrutiny by the Public Prosecutor and the judiciary. Dismissing a criminal appeal filed by four accused persons in a case involving...