Allahabad High Court
Ridiculous To Expect Bodily Injuries On Rape Survivor Who Was Subjugated & Overpowered Physically: Allahabad HC
Overturning an order of acquittal concerning an accused who raped a 18-year-old girl on 2016, the Allahabad High Court recently observed that even if a woman is accustomed to sexual intercourse, even then she cannot be raped. The bench also observed that it would be 'ridiculous' to accept the submission that a rape survivor, who had been subjugated and 'overpowered'...
Accused On Bail Has No Inherent Right To Travel Abroad For Pleasure Or To Attend Relative's Marriage: Allahabad High Court
The Allahabad High Court has observed that an accused who has been enlarged on bail cannot seek permission as of right to travel abroad merely to attend a relative's wedding and have a pleasure trip. A bench of Justice Subhash Vidyarthi emphasised that an accused cannot claim an automatic right to travel abroad for non-essential purposes merely because such permission was granted to...
Allahabad High Court Disposes PIL Seeking SIT Probe Into Robert Vadra's Remarks On Pahalgam Terror Attack
The Allahabad High Court today disposed of a Public Interest Litigation (PIL) plea seeking a probe by a Special Investigation Team (SIT) into the recent remark by Businessman and husband of Congress leader Priyanka Gandhi, Robert Vadra, on the Pahalgam terror attack.A bench of Justice Rajan Roy and Justice Om Prakash Shukla asked the petitioner [Hindu Front For Justice (through its...
Insurance Company Must Insist On Disclosure Of Specific Details, Can't Repudiate Policy Later On Grounds Of Suppression: Allahabad HC
The Allahabad High Court has held that if the insurance company wants specific details to be filed in the form for issuing insurance policy, it must insist upon the person seeking the policy to disclose the same. Once the policy has been issued to the person without disclosing such facts and premium has been recovered by the insurance company, it cannot repudiate the contract on grounds...
'Hate Speech; Working For Ghazwa-E-Hind': PIL In Allahabad HC Seeks SIT Probe Into Robert Vadra's Remarks On Pahalgam Attack
A Public Interest Litigation (PIL) plea has been moved in the Allahabad High Court seeking a probe by a Special Investigation Team (SIT) into the recent remark by Businessman and husband of Congress leader Priyanka Gandhi, Robert Vadra, on the Pahalgam terror attack. The petition, filed by the Hindu Front For Justice (through its President, Advocate Ranjana Agnihotri), claims that...
Revisional Court Can't Assume Jurisdiction To Reject O.21 R.97 Application When It Is Pending Before Executing Court: Allahabad HC
The Allahabad High Court has held that a revisional court cannot assume jurisdiction of an execution court and decide an application under Order XXI Rule 97 CPC, when the same is pending before the executing court. Justice Rohit Ranjan Agarwal observed that the Revisional Court exceeded its jurisdiction in rejecting an application under Order XXI Rule 97 CPC, after concluding that the issue...
'Arbitrary': Allahabad HC Overturns Termination Of Standing Counsel's Contract Prompted By DM's 'Annoyance' With Court Summons
The Allahabad High Court recently set aside the Uttar Pradesh Government's order to terminate a Standing Counsel's empanelment/contract, terming it as 'illegal' and 'arbitrary'. The termination followed the petitioner's inability to connect to the Hardoi District Magistrate, whose phone was switched off during court hours, due to which theDM was summoned by the Court in October...
Once Goods Are Verified And Found To Be Correct In MOV-04, Department Can't Be Permitted To Change Stand Later: Allahabad High Court
The Allahabad High Court has held that when the authority on verification has mentioned the details of the goods found and verified the correctness of the invoices and the goods in transit, it cannot be permitted to change the stand later and say that the goods were not in accordance with the invoice. Justice Piyush Agrawal held “Once on the verification report i.e. MOV-04, the...
'Can't Seek Re-Exam For Being Late To Centre Due To Traffic Jam': Allahabad High Court Refuses Relief To JEE Main Candidates
The Allahabad High Court recently dismissed a plea by JEE (Main) 2025 candidates seeking a re-exam, who claimed that they could not reach the examination centre in time due to a traffic jam caused by the passage of the Chief Minister's convoy. A bench of Justice Jaspreet Singh, though expressing sympathy for the students, observed that a writ of mandamus could not be issued in...
Litigating Public Enjoys Adjournments, Its Role In Court Delays A Menace Neither Spoken Of Nor Condemned: Allahabad HC
In an interesting observation, the Allahabad High Court last week said that the role of litigants in contributing to judicial delays is often overlooked. Calling it a 'menace' that is 'neither spoken of nor condemned', the Court opined that this tendency was required to be 'discouraged firmly'. A bench of Justice JJ Munir called it 'surprising' that despite widespread protests...
Allahabad HC Asks Counsels For UP Govt, HC Administration To Seek Instructions On PIL For Urgent Filling Of Judicial Vacancies
Hearing a Public Interest Litigation (PIL) plea seeking a direction for the timely and expeditious filling of all the current judicial vacancies in the High Court in a time-bound manner, the Allahabad High Court today asked the counsels for the UP Govt and HC administration to obtain instructions in the matter. A bench of Justice MC Tripathi and Justice Anil Kumar-X has now posted...
Hathras Gang Rape & Murder Case: Allahabad HC Flags Suspended SHO's Insensitivity, Denies Relief Over 'Dereliction' Of Duty
The Allahabad High Court last week dismissed a petition filed by suspended-Station House Officer (SHO) Dinesh Kumar Verma seeking to quash criminal proceedings including the summoning order in connection with the 2020 Hathras gang rape and murder case, wherein he has been booked over allegations of dereliction of official duty. A bench of Justice Raj Beer Singh criticised the...