Final Orders U/S 125 CrPC Must Contain 'Points For Determination' As Per S. 354 (6): Allahabad High Court To UP Family Courts

The Allahabad High Court has directed all the family court across the state mandatorily frame 'points for determination' in all final orders passed under Section 125 CrPC, in compliance with Section 354(6) CrPC. A bench of Justice Madan Pal Singh also directed that its order be circulated to all District Judges and all Principal Judges of Family Courts for strict compliance. The...

'No Further Demolition Required': Allahabad High Court Records UP Govt's Assurance On Fatehpur's Noori Jama Masjid

The Allahabad High Court on Monday disposed of a writ petition filed by the Fatehpur-Noori Jama Masjid Managing Committee after the Uttar Pradesh government gave a categorical undertaking that no further demolition of the religious structure is required. A Bench of Justice Atul Sreedharan and Justice Anish Kumar Gupta, however, granted the petitioner liberty to apply for demarcation...

Transfer Of Property Act | Agreement To Sell Does Not Create Interest In Property: Allahabad High Court Reiterates

The Allahabad High Court has reiterated that as per Section 54 of the Transfer of Property Act, an agreement to sell would not create an interest in the property to be sold.Justice Manish Kumar Nigam relied on judgments of the Apex Court in State of U.P. v. District Judge & Ors., Rambhai Mandeo Gajre v. Narayan Bapuji Dotra through LRS, to draw the distinction between an agreement to sell...

In-Person Litigants Often Unaware Of Law, File Defective Petitions And Refuse Amicus Help: Allahabad High Court Imposes ₹5K Costs

The Allahabad High Court has imposed cost of Rs. 5000 on a party appearing in-person, for filing defective writ petition and making prayers contrary to law.While dealing with a petitioner in-person who had approached the Court against an order of extension of his contractual appointment, Justice Saurabh Shyam Shamshery observed,“Court is repeatedly facing difficulty in dealing cases...

'Invariably Reproduce Injury Details From Medical Reports In Judgments': Allahabad High Court Directs Trial Courts In UP

The Allahabad High Court has issued a stern direction to all the trial court Judges across the State of Uttar Pradesh to 'invariably' reproduce the injury details recorded in medical reports in their judgments. A bench of Justice Rajeev Misra and Justice Dr. Ajay kumar-II said that it was 'pained' to observe that trial courts were omitting this crucial forensic detail in...

Crime Heinous But Not Premeditated: Allahabad High Court Commutes Death Penalty To Life Term Sans Remission In 5-Month-Old Cousin's Rape-Murder Case

The Allahabad High Court (Lucknow Bench) on Tuesday upheld the conviction of a 27-year-old accused for the rape and murder of his 5-month-old cousin. The HC however declined to confirm the death penalty imposed by the trial court and commuted it to Life Imprisonment for the remainder of his natural life without remission. In it 65-page judgment, a Division Bench of Justice Rajnish...

Allahabad High Court Grants Benefit Of 'Probation Of Offenders Act' To Kidnapping Convicts 30 Years After Incident

The Allahabad High Court last week upheld the conviction of 2 for the kidnapping of a minor girl in 1995 but modified their sentence by extending them the benefit of Section 4 of the Probation of Offenders Act, 1958. A bench of Justice Pramod Kumar Srivastava took note of their advanced age, clean antecedents and the fact that the matter has lingered for nearly 30 years. The order...

RERA Tribunal Has Appellate & Revision Powers; Interest Payable Only After Pre-Deposit U/S 43(5): Allahabad High Court

Recently, while entertaining a set of appeals regarding the Real Estate (Regulation and Development) Act, 2016, the Lucknow Bench of the Allahabad High Court held that under Section 43(5) of the RERA Act, the Appellate Tribunal could award interest or compensation only after mandatory pre-deposit is made for entertaining such appeal.Further, it held that the RERA Appellate Tribunal has...

1996 Ghaziabad Bus Blast | Confession To Police Inadmissible : Allahabad High Court Acquits Man 'With Heavy Heart'

In a detailed 51-page judgment pertaining to the 1996 Modinagar-Ghaziabad bus bomb blast case, the Allahabad High Court recently set aside the conviction of one Mohammad Ilyas noting that the prosecution miserably failed to prove charges and that his alleged confessional statement recorded by the police was inadmissible in view of the bar under Section 25 of the Evidence Act. A Bench...

'Evidence Of Injured Witness Not At Higher Pedestal If Accused Is Also Injured': Allahabad High Court, Says Injury Guarantees Presence, Not Truth

Dismissed a complainant's appeal challenging the acquittal of three accused in a 2018 assault case, the Allahabad High Court today observed that while the testimony of an injured witness is ordinarily placed on a higher pedestal, this principle may not apply when the accused is also injured. A bench of Justice Rajeev Misra and Justice Dr. Ajay Kumar-II added that injury on a...

Constituent Institution Employees Cannot Claim Central University Benefits: Allahabad High Court

Recently, the Allahabad High Court has held that in the absence of specific policy, staff of constituent institutions cannot claim the same benefits as those awarded to Central University Employees.“... only on ground that institution become constituent of Allahabad University, petitioners cannot be granted benefit of General Provident Fund Scheme since it has to be granted only on basis...

'Fictitious' Advocate, 'Forged' Signatures? Allahabad High Court Orders FSL Probe Into Alleged Impersonation In PIL Filed By Lawyer

The Allahabad High Court last week directed a forensic examination of multiple signatures on record after prima facie discrepancies surfaced in a pending PIL case which suggested possible impersonation, forgery, fabrication and misuse of the judicial process. A Bench of Chief Justice Arun Bhansali and Justice Kshitij Shailendra passed the order while dealing with an application u/S...