Allahabad High Court
Sub-Divisional Officer Not Empowered To Grant Declaration Of Bhumidhar Rights On Administrative Side/ Without Adjudication: Allahabad HC
The Allahabad High Court has held that under the U.P. Revenue Code, 2006, the Sub-Divisional Officer has not been empowered to grant a declaration of bhumidhar rights on administraive side.While dealing with a case where petitioner sought a writ of mandamus for grant of declaration of absolute bhumidhar rights and decision on representation filed before the Sub-Divisional Officer, Justice...
'Another Round Of Litigation': Allahabad HC Allows Withdrawal Of PIL Seeking Cancellation Of Rahul Gandhi's Citizenship
The Allahabad High Court today dismissed as withdrawn a fresh PIL plea moved by a BJP Member seeking the cancellation of Congress leader and LoP in LokSabha, Rahul Gandhi's citizenship. The plea also sought a ban on him travelling abroad during the pendency of his citizenship issue.During the course of the hearing, a bench of Justice Attau Rahman Masoodi and Justice Ajai Kumar...
Under Trial Must Obtain Permission From Court To Travel Abroad Prior To Applying For Issue/ Re-Issue/ Renewal Of Passport: Allahabad HC
The Lucknow Bench of the Allahabad High Court has held that an under trail must obtain permission for travelling abroad from the Court concerned prior to applying for issue, re-issue or renewal of passport before the passport authority.The bench of Justice Rajan Roy and Justice Om Prakash Shukla held “A plain reading of the provisions of Passport Act, 1967 and the beneficial Notification...
Rights Conferred By Hindu Succession Act Prevail Over Rights Claimed By Nominee U/S 39(7) Of Insurance Act: Allahabad High Court
The Allahabad High Court has held that Hindu Succession Act, 1956 prevails over the Insurance Act, 1938 as the rights guaranteed to the successor under the former cannot be defeated by the rights guaranteed to the nominee under the latter enactment.While dealing with the claim of the mother-nominee over the insurance money of her deceased daughter against the rights of the daughter of...
Sambhal Row | 'Juma Mosque A Centrally Protected Monument, It Isn't A Religious Place Or Public Worship Site': ASI To Allahabad HC
The Allahabad High Court on Tuesday reserved orders on a revision plea filed by the Shahi Jama Mosque Committee at Chandausi (Sambhal), challenging the trial court's order dated November 19, which directed the appointment of an Advocate Commissioner to survey the mosque premises in a suit claiming that the mosque was built after demolishing a temple. A bench of Justice Rohit Ranjan...
Allahabad High Court Stays UP Govt's Order Suspending DSP On Allegations Of Having An Extramarital Affair
In a relief to DSP Rank UP Police Officer, Mohammad Mohsin Khan, the Allahabad High Court has stayed the State Government's order suspending him on the charges of being in a sexual relationship with another woman despite being married. Khan, who is also facing an FIR under Section 69 BNS [Sexual intercourse by employing deceitful means, etc] lodged by an IIT-Kanpur student, was...
'Hajj Travel Not An Absolute Right, Can Be Undertaken After Serving Sentence': Allahabad HC Denies Relief To S. 304 IPC Convict
The Allahabad High Court recently refused to grant short-term bail to a man convicted under Section 304 IPC who sought to travel abroad for over a month to perform Hajj. A bench of Justice Alok Mathur observed that the right to do a Pilgrimage tour to the Hajj is not absolute, and the same could be curtailed as granting bail at this point may increase the chances of him fleeing...
Snake Venom Case: Allahabad High Court Dismisses YouTuber Elvish Yadav's Plea Against Chargesheet, Summons
The Allahabad High Court today dismissed YouTuber Elvish Yadav's plea against the chargesheet filed in the FIR against him for alleged misuse of snakes and snake venoms for making YouTube videos. Allegations against him also include organising rave parties and calling foreigners who make people consume snake venom and other intoxicating drugs.A bench of Justice Saurabh Srivastava dismissed...
Fresh PIL In Allahabad High Court Seeking Cancellation Of Rahul Gandhi's Citizenship, Ban On Foreign Travel
A fresh PIL plea has been moved before the Allahabad High Court seeking the cancellation of Congress leader and LoP in LokSabha, Rahul Gandhi's citizenship. The plea also seeks a ban on him travelling abroad during the pendency of his citizenship issue. The plea has been filed by BJP Member Vignesh Shishir four days after his PIL seeking a CBI investigation into Gandhi's citizenship...
Reinitiation Of SARFAESI Action By Bank Upon Borrower Not An 'Exceptional Circumstance' To Dilute Forfeiture Under Rule 9(5) Of 2002 Rules: Allahabad HC
The Allahabad High Court has held that the bank reinitiating proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is not an “exception circumstance” to forgo the forfeiture of deposit prescribed under Rule 9(5) of the Security Interest (Enforcement) Rules, 2002.Rule 9(5) of the Security Interest (Enforcement) Rules,...
Proceedings Under Prevention Of Damage To Public Property Act Not Maintainable Against Illegal Encroachment On Gram Sabha Land: Allahabad HC
The Allahabad High Court has reiterated that proceedings under Prevention of Damage to Public Property Act, 1984 not maintainable against illegal encroachment on Gram Sabha land.While quashing proceedings under the Prevention of Damage to Public Property Act, 1984, Justice Saurabh Srivastava relied on the earlier decision of his coordinate bench in Munshi Lal and Another vs. State of U.P....