Allahabad High Court
Bail Cancellation Meant To Ensure Justice, Prevent Accused From Tampering Evidence; Must Be Ordered Cautiously: Allahabad HC Reiterates
The Allahabad High Court has reiterated that provision for bail cancellation is to ensure that justice is done and to prevent the accused from tampering evidence upon being set at liberty through bail order. It further held that cancellation of bail and rejection of bail are two different scenarios as cancellation interferes with the liberty already granted to a citizen by the bail...
Allahabad High Court Disposes PIL Seeking CBI Probe Into LoP Rahul Gandhi's Citizenship
The Allahabad High Court on Monday disposed of a Public Interest Litigation (PIL) plea filed by a BJP Member from Karnataka (S. Vignesh Shishir) last year, seeking a CBI probe into Congress leader and LoP in LokSabha Rahul Gandhi's alleged British Citizenship. Though a bench of Justice Attau Rehman Masoodi and Justice Rajeev Singh did not prescribe a specific timeline for the Union...
No Bar For Accused To Seek Anticipatory Bail After Dismissal Of His FIR Quashing Plea: Allahabad High Court
The Allahabad High Court has observed that the dismissal of an accused's writ petition seeking quashing of the FIR would not create a bar on the filing of an application for the grant of anticipatory bail A bench of Justice Subhash Vidyarthi noted that a writ petition for quashing the FIR and an application for anticipatory bail are altogether different remedies, which are to...
Allahabad High Court Quarterly Digest : January To March 2025
[NOMINAL INDEX PROVIDED AT THE BOTTOM] ORDERS/JUDGMENTS OF THE QUARTER [January-March 2025] Husband Can't Claim Ownership Of Wife's Body, Privacy, Her Consent Paramount; Sharing Intimate Acts' Video A Breach Of Trust: Allahabad HC Case title – Brijesh Yadav @ Brijesh Kumar Vs. State Of U.P. And Another 2025 LiveLaw (AB) 1 Case citation: 2025 LiveLaw (AB)...
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...