Failure To Provide 'Grounds Of Arrest' Violates Article 22(1), S. 50 CrPC: Allahabad HC Directs UP DGP To Ensure Compliance Of S. 47 & 48 BNSS

The Allahabad High Court recently quashed the arrest of a man in connection with a forgery and cheating case. It noted that neither the reasons nor grounds for his arrest were communicated in writing at the time of his arrest, violating his constitutional safeguards under Article 22(1) of the Constitution of India and the statutory mandate under Section 50 CrPC. In its order passed...

[GST] Seller Registered At Time Of Transaction; Cannot Draw Adverse Inference Against Purchasing Dealer Over Subsequent Cancellation: Allahabad HC

The Allahabad High Court has held that if the seller is a registered dealer at the time of transaction, no adverse inference can be drawn against the purchasing dealer based on the subsequent cancellation of seller's registration.Justice Piyush Agrawal held “Once the seller was registered at the time of the transaction in question, no adverse inference can be drawn against the...

Once Trial Has Commenced & Some Witnesses Examined, Constitutional Courts Should Avoid Reopening Or Transferring Investigation: Allahabad HC

The Allahabad High Court recently observed that once an investigation is complete, a charge sheet has been filed, and the trial has begun, superior courts should ordinarily refrain from reopening the investigation or transferring it to another agency. Instead, the Magistrate receiving the chargesheet or the court trying the offences should be allowed to proceed with the case...

“Luxury Litigation”: Allahabad High Court Imposes ₹100 Cost Each On More Than 6,400 Petitioners For Moving Against Settled Law

The Allahabad High Court has imposed a cost of Rs. 100 each on more than 6,400 petitioners who had approached the High Court against law settled by the Supreme Court in the case of State of U.P. & Ors Vs. Shiv Kumar Pathak & Ors (2018).In 2017, 5he Supreme Court in the case of Shiv Kumar Pathak & Ors held though the authorities would have been permitted to proceed in terms of...

Allahabad High Court Sentences Advocate To 6 Months In Jail For Calling Judges 'Goondas'; Bars Him From Practicing In HC For 3 Yrs

Today, the Allahabad High Court sentenced Lucknow-based Advocate Ashok Pandey to six months' simple imprisonment for using abusive language against HC judges, calling them 'goondas' in open court in 2021. Pandey has been found guilty of committing criminal contempt of court by a bench of Justice Vivek Chaudhary and Justice Brij Raj Singh, as it concluded that Pandey's conduct shows...

'Unmarried Major Parents Are Entitled To Live Together': Allahabad High Court Grants Police Protection To Interfaith Live-In Couple

The Allahabad High Court on Tuesday granted police protection to an interfaith live-in couple, while hearing a plea filed by their minor daughter which claimed that the erstwhile in-laws of the child's mother threatening the couple. A division bench of Justice Shekhar B Saraf and Justice Vipin Chandra Dixit in its order observed that it appeared that the biological father and mother of the...

'Victim Herself Invited Trouble, Was Responsible For It': Allahabad HC Grants Bail To Man Accused Of Raping College Student

The Allahabad High Court recently granted bail to a man accused of committing rape against a college student, as it noted that the victim had 'herself invited trouble' and was 'responsible' for the alleged act of rape. The victim alleged that the accused, whom she met at a bar, raped her twice in his relative's apartment after she had agreed to go to his place to rest, as she was...

NOIDA Authorities Deposited Party's Tax Under Wrong Head: Allahabad HC Directs Compensation To Assessee For Penalty Imposed U/S 73 Of GST Act

Recently, the Allahabad High Court has directed the New Okhla Industrial Development Authority (NOIDA) to compensate the assesee Rs. Rs.19,22,778/- which was imposed on the assesee as tax and penalty in proceedings under Section 73 of the Goods and Service Tax Act, 2017. Petitioner rented out his property in Gautam Budh Nagar(Noida). The rent received from the property was...

District Judge And Not DM 'Appropriate Authority' To Determine Issues Relating To Adequacy Of Compensation U/S 16(3) Telegraph Act: Allahabad HC

Following the decision of the Supreme Court in Power Grid Corporation of India Ltd. v. Century Textiles & Industries Ltd., the Allahabad High Court has reiterated that under Section 16(3) of the Telegraph Act, 1885, the District Judge is the appropriate authority to determine issues relating to adequacy & sufficiency of compensation and not the District Magistrate.Section 16 of...

'Sufficient Motive': Allahabad HC Upholds Conviction Of 7 Including Man Who Killed Daughter, Lover Over Disapproved Relationship

The Allahabad High Court on Monday upheld the conviction of seven individuals, including a man who murdered his daughter and her lover in 2006 in a tragic case of 'honor' killing. A bench of Justice Siddharth and Justice Praveen Kumar Giri noted that the incident, which occurred 19 years ago, was a result of the father's disapproval of the relationship between his daughter and her...

Allahabad HC Seeks Affidavit From UP Minority Dept Secy On Compliance With Directions For Sunni Waqf Board Elections

The Allahabad High Court last week directed the Additional Chief Secretary of the Minority Welfare and Waqf Department, Uttar Pradesh Government, to file an affidavit showing compliance with the High Court's March 2024 directions to conclude, within two months, the process for the election of Members of the Uttar Pradesh Sunni Waqf Board. A bench of Justice Rajeev Singh clarified that...

Writ Court Can Go Into Question Of De Facto Possession Of Surplus Land, If Disputed Facts Can Be Discerned: Allahabad High Court

The Allahabad High Court has held that a writ Court can go into the question of de facto possession of surplus land if disputed facts can be discerned by the Court. It held that the State must establish that de facto possession of the land was taken prior to enactment of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 so as to prevent abatement of proceedings under Urban Land...