Allahabad High Court
Trial Courts Must Send Original Records In Appeals From Concluded Trials : Allahabad High Court Clarifies Scope Of 'Asian Resurfacing'
The Allahabad High Court has ruled that trial courts must send original records, and not merely photocopies or certified copies, to the High Court in criminal appeals arising from concluded trials, as mandated by Rule 9 of the Allahabad High Court Rules, 1952. Clarifying the scope of the Supreme Court's ruling in Asian Resurfacing of Road Agency Pvt. Ltd. v. CBI, the Court held that...
Working Mother Who Got Child Custody Claiming Financial Capability Can't Fasten Entire Maintenance Burden On Father: Allahabad High Court
The Allahabad High Court has observed that a working mother who obtains the custody of her minor child by explicitly asserting her financial capability to maintain him/her cannot fasten the entire financial burden of the minor exclusively upon the father [2026 LiveLaw (AB) 418]. A bench of Justice Lakshmi Kant Shukla thus dismissed a criminal revision plea filed by a woman and her...
Suicide Abetment | 'Persistent Humiliation Touching Domestic Life & Dignity Can Amount To Instigation': Allahabad High Court
The Allahabad High Court last week refused to discharge a man accused of abetting the suicide of his alleged paramour's husband, observing that the persistent humiliation of a person, particularly when it touches upon their domestic life and dignity, can amount to instigation. A Bench of Justice Santosh Rai thus denied relief to appellant Chandrajeet Singh while taking into account...
12 Accused Allegedly Fired, But Just 3 Gunshot Wounds Found: Allahabad High Court Acquits 3 Men In 1981 Murder Case
The Allahabad High Court on Wednesday set aside the conviction of 3 men in a 1981 murder case after noting that while the prosecution claimed all 12 accused had fired simultaneously at the deceased, the post-mortem revealed only 3 gunshot injuries, creating a glaring contradiction between the ocular and medical evidence. Taking note of this discrepancy along with serious infirmities...
1981 Acid Attack On Father | Allahabad High Court 'Anguished' As Trial Judge Ignored Homicide Charge, Awarded Son Mere 3-Yr Term
The Allahabad High Court on Wednesday expressed its "deep anguish" over a Gorakhpur trial court's decision to convict a man under Section 326 of the IPC and sentence him to a mere 3 years of imprisonment for causing the homicidal death of his own father by pouring acid upon him. "…Trial Judge, by a manifest misappreciation of the evidence and a complete failure to apply the...
Allahabad High Court Grants Bail To Former Chhattisgarh Excise Commissioner In UP FIR Linked To Alleged ₹2,161 Crore Liquor Scam
The Allahabad High Court has granted bail to former Chhattisgarh Excise Commissioner Niranjan Das in an Uttar Pradesh FIR linked to the alleged ₹2,161 crore Chhattisgarh liquor scam.Justice Vikram D. Chauhan observed:"If the accused is otherwise found to be entitled to bail, he cannot be denied bail only on the ground of criminal history, no exceptional circumstances on the basis of...
47 Years After Gang-Rape Of Minor, Allahabad High Court Upholds Conviction But Reduces Jail Term Of 71 Y/O Man
The Allahabad High Court on Tuesday upheld the conviction of a man in connection with a 1979 gang-rape case concerning a minor but reduced his substantive sentence from 7.5 years to 4 years of Rigorous Imprisonment (RI). A bench of Justice Santosh Rai modified the sentence, noting the 43-year pendency of the criminal appeal and the surviving convict's age (71 years). With this,...
Police 'Laxity' Delays Bail Hearing By Over 10 Days: Allahabad High Court Imposes ₹50K Costs On UP Government
The Allahabad High Court on Tuesday imposed ₹50K costs on the Uttar Pradesh Government for the negligence on the part of the police officials, which delayed the disposal of a bail application by more than ten days A bench of Justice Arun Kumar Singh Deshwal directed that the amount so imposed be paid to the applicants. However, the State Government has been given the liberty...
Chinese Manjha Being Sold Online? Allahabad High Court Asks UP Govt To Examine Issue
The Allahabad High Court on Monday directed the Uttar Pradesh government to examine whether Chinese Manja, despite being prohibited, is still being sold online. A Bench of Justice Rajan Roy and Justice Manjive Shukla is presently hearing a 2018 Public Interest Litigation (PIL) plea filed by petitioner-in-person Moti Lal Yadav, along with two connected PILs filed by one...
UP Apartment Act | Writ Petitions Not Maintainable For RWA Disputes: Allahabad High Court Directs UP Govt To Frame Grievance Mechanism
The Allahabad High Court (Lucknow Bench) has ruled that writ petitions are not maintainable for general Resident Welfare Association (RWA) disputes regarding day-to-day society management. Noting a legislative vacuum in the Uttar Pradesh Apartment (Promotion of Construction, Ownership and Maintenance) Act, 2010, the Court also directed the UP Government to frame a formal...