'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...

Allahabad HC Stays Sister's Defamation FIR Proceedings Against Bhanvi Singh Over Claims In Divorce Suit With MLA Raja Bhaiya

In a respite for Bhanvi Kumari Singh, wife of sitting MLA Raghuraj Pratap Singh (Raja Bhaiya) from Kunda, the Allahabad High Court (Lucknow Bench) has stayed the proceedings in the criminal defamation case pending before a Lucknow Court against her. The proceedings were initiated pursuant to the lodging of an FIR by her own sister (Sadhvi Singh), which later culminated in a chargesheet...

'Fake' Cases On Rise: As Informant Turns Hostile, Allahabad HC Grants Bail In 'Dowry Death' Case Where SC Saw 'Prima Facie' Evidence

Highlighting the "stark reality of the society" in the matrimonial cases, the Allahabad High Court (Lucknow Bench) recently granted bail to an accused (Father-in-Law) in a dowry death case, observing that "fake cases of demand of dowry are on the rise". The relief was granted by Justice Pankaj Bhatia after the informant (brother of the deceased), who had previously approached the...

'Persistent Defiance': Allahabad High Court Mulls Contempt Action Against Judicial Officers For Imposing Excessive Bail Sureties

Taking strong exception to the "persistent and repeated defiance" of bail guidelines by subordinate courts, the Allahabad High Court recently warned that it may be compelled to initiate contempt proceedings against judicial officers who mechanically impose excessive sureties on accused persons when granting bail. On Thursday, a bench of Justice Vinod Diwakar observed that despite...

Malicious Intent Apparent: Allahabad High Court Refuses To Quash Case Over Alleged FB Post Against 'Nabi Paigambar'

The Allahabad High Court recently dismissed an application seeking to quash criminal proceedings initiated against a man accused of making a Facebook post against "Nabi Paigamber" (the Prophet) of the Muslim community. The Court observed that the words employed in the post were clearly made with a "deliberate and malicious intention" of outraging religious feelings. A bench...

S. 125 CrPC | Earning Lady Able To Maintain Herself Not Entitled To Maintenance From Husband : Allahabad High Court

The Allahabad High Court recently observed that a wife is not entitled to maintenance under Section 125 CrPC if she is gainfully employed and earning a sufficient salary to maintain herself. A bench of Justice Madan Pal Singh thus set aside a Family Court order directing a husband to pay Rs. 5K as maintenance to his wife merely to "balance the income" and to equalise status between...

Suspecting Custodial Death Of Man Missing Since 2018, Allahabad High Court Converts Habeas Plea To Criminal Writ; Slams DGP

Expressing deep concern regarding the disappearance of a man missing from police custody since 2018, the Allahabad High Court on Tuesday observed that the matter may effectively be a case of "custodial death, where the policemen have murdered the missing man." Unconvinced by the explanation offered by the Uttar Pradesh Director General of Police (DGP), a Division Bench of Justice JJ...