Allahabad High Court
S. 148 NI Act | Condition Imposing 20% Deposit Of Compensation Must Not Be Unjust Or Deprive Right To Appeal: Allahabad High Court
The Allahabad High Court has reiterated that while passing an order imposing the condition of depositing 20% of the compensation amount under Section 148 of the Negotiable Instruments Act, the court has to consider that such a condition won't be unjust or would deprive the individual's right of appeal. In doing so the court said that the imposition of the condition is not mandatory and the...
Magistrate Not Bound To Notify Informant When Not Proceeding Against 'Non-Chargesheeted' Accused: Allahabad HC
The Allahabad High Court has clarified that a Magistrate is not required to issue a notice to the informant in every case where he is taking cognizance only against the charge-sheeted persons, while leaving out other accused, though named in the FIR, but not charge-sheeted. A bench of Justice Manju Rani Chauhan observed that issuing notice to the informant, allowing him/her to...
Writ Maintainable If Filed For Safeguarding Rights Granted In Agreement, Not For Establishing New Rights In Contractual Disputes: Allahabad High Court
The Allahabad High Court has held that a writ petition in contractual disputes is maintainable if it has been filed to protect the rights which were created by the contract/ agreement. It held that new rights cannot be sought to be created under the contract by way of writ under Article 226 of the Constitution of India.M/s Jai Prakash Associates (JAL) defaulted in payments of leased rent,...
'We Aren't A Trash Bin; Corruption Unacceptable': Allahabad HCBA Opposes Justice Yashwant Verma's Proposed Repatriation Over Cash Recovery
In a strongly worded letter to the Chief Justice as well as all the Judges of the Allahabad High Court, the Allahabad High Court Bar Association has opposed the proposed repatriation of Justice Yashwant Verma of the Delhi High Court back to the Allahabad High Court following the alleged recovery of a large sum of cash from his residence.In a statement issued earlier today, the HCBA has...
Impression Created That State Lawyers Have Collectively 'Turned Against Court': Allahabad HC Asks Principal Law Secretary To Appear
The Allahabad High Court on Thursday (March 20) has directed the Principal Secretary (Law)/ L.R. to appear before the court after noting that an impression was being created that State lawyers seemed to have collectively turned against the Court.The court said it was not observing the conduct of a few state panel members but was expressing its concern at some of the lawyers taking the lead...
Allahabad HC Upholds YEIDA's Cancellation Of Jaypee's 1000 Hectare Lease, Directs Return Of Deposit
Recently, the Allahabad High Court has upheld the cancellation of 1000 hectare land allotted to M/s Jai Prakash Associates Ltd by Yamuna Expressway Industrial Development Authority. However, the Court directed YEIDA to return the amounts deposited by JAL in pursuance of the orders of the Court as well as the amount received by YEIDA from JAL in furtherance of the lease deeds and allotment...
Allahabad HC Quashes Immoral Trafficking Case Against Man Allegedly Found In Compromising Position Inside Noida Spa
The Allahabad High Court has recently quashed proceedings against a man booked under Sections 3, 4, 5 & 6 of the Immoral Traffic (Prevention) Act, 1956 and Section 370 IPC who was found in a compromising position with a woman inside a Thai Spa in Noida.Upon receiving secret information, a raid was conducted at Allora Thai Spa Centre, Noida where individuals were found to be engaging...
Allahabad HC Directs Etawah Jail Head To Allow Murder Convict To Pray 5-Times A Day During Ramadan & Retain Quran
The Allahabad High Court on Monday directed the Jail Superintendent of Central Jail, Etawah, to ensure that a high-security prisoner's religious practices, including offering prayers five times a day during Ramadan, are not “interfered with” and that he is “allowed” to retain the Quran in his possession. A bench of Justice Ashwani Kumar Mishra and Justice Nand Prabha Shukla...
Legal Heirs Can't Seek Compassionate Appointment When Major Penalty Imposed On Deceased Employee Remains On Record: Allahabad HC
The Allahabad High Court has held that legal heirs of a deceased employee are disqualified from seeking compassionate appointment when major penalty imposed remains in record at the time death and not where the major penalty though imposed, had adverse impact only for few years.A major penalty (not specified) was imposed on the father of the petitioner for a period of 2 years. After the expiry...
Grabbing Breasts, Breaking Minor Victim's Pyjama String Not Attempt To Rape But Prima Facie 'Aggravated Sexual Assault': Allahabad HC
Observing that grabbing the breasts of the victim, breaking the string of her pyjama and trying to drag her beneath the culvert before fleeing the spot won't come under the offence of rape or an attempt to rape, the Allahabad High Court recently modified a summoning order, altering the charges against two accused. Initially summoned to face trial under Section 376 IPC (Rape) and...
Krishna Janmabhumi Dispute | Allahabad HC Allows Impleadment Of UOI, ASI As Defendants In Hindu Plaintiffs' Suits With ₹5K Costs
In the ongoing Krishna Janmabhoomi-Shahi Eidgah Mosque dispute in Mathura, the Allahabad High Court on March 5 allowed amendment applications moved in two suits pending before the HC to implead Union of India through Secretary Ministry of Home Affairs and the Archaeological Survey of India (ASI). A bench of Justice Ram Manohar Narayan Mishra allowed the application subject to a cost...
UP Stamp Act | 2021 Amendment Imposing Limitation On Refund Not Applicable To Agreement Entered Prior To Amendment: Allahabad HC
The Allahabad High Court has quashed an order rejecting refund of stamp duty, holding that a retrospective amendment in 2021 to the state stamp act imposing a limitation period cannot extinguish a right based on the agreement entered into prior to the amendment.Petitioners had purchased stamp papers worth ₹4,37,000 in 2015 for executing a tripartite sale and sublease agreement with the...