Allahabad High Court
Proclaimed Offender Not Entitled To Anticipatory Bail Unless 'Rare & Exceptional' Case Made Out: Allahabad High Court
The Allahabad High Court on Tuesday reiterated that an accused who has been declared a proclaimed offender after deliberately evading court and investigation is ordinarily not entitled to the extraordinary relief of anticipatory bail. "…the law is discernible on the point that as per normal rule, anticipatory bail cannot be granted to an accused who is absconding or concealing...
Conviction Cannot Be Based Solely On S. 164 CrPC Statement If Victim Turns Hostile During Trial: Allahabad High Court
The Allahabad High Court (Lucknow Bench) has held that an accused cannot be convicted solely on the basis of a statement recorded under Section 164 CrPC if the victim and other prosecution witnesses turn hostile during the trial. Setting aside a 2011 trial court conviction in a kidnapping case, a bench of Justice Subhash Vidyarthi ruled that since Section 164 CrPC statement is...
Recruitment Begins With Advertisement, Not Approval Of Appointment; Subsequent Selection Law Doesn't Govern It: Allahabad High Court
The Allahabad High Court has held that a recruitment process commences on the publication of the advertisement, and not at the later stage of approval of appointment. It held that a law brought into force after the advertisement does not govern a process already set in motion.It further held that where a new Act comes into force after the advertisement but before the selection is finalised,...
Surrogacy Act | Age Limits Inapplicable If Intending Couple Froze Embryos Prior To Enforcement Of Law: Allahabad High Court
The Allahabad High Court last week observed that couples who had begun the surrogacy process before the enactment of the Surrogacy (Regulation) Act, 2021, can proceed with surrogacy despite being over the statutory age limit under Section 4(iii)(v)(c)(I). A bench of Justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary observed that a rigid application of age restriction under...
Frame Murder As Main Charge, S. 304-B IPC As Alternative If 'Dowry Death' Appears Homicidal: Allahabad High Court Directs UP Courts
The Allahabad High Court has issued a mandatory direction to all the trial courts across Uttar Pradesh that if evidence collected during an investigation indicates a 'homicidal' death inside a matrimonial home, the main charge must be framed under Section 302 IPC (Murder) and an alternative charge under Section 304-B IPC (Dowry Death). A bench of Justice Salil Kumar Rai and Justice Dr...
Fixing Maintenance For Wife At 25% Of Husband's Net Income Not Mandatory; Court May Grant More Or Less: Allahabad High Court
The Allahabad High Court has observed that the widely cited benchmark of awarding a wife 25% of a husband's net salary as maintenance is only a "broad guideline" and not mandatory. A bench of Justice Achal Sachdev clarified that courts have the discretion to award more or less, depending on the facts of each case. The Court also clarified that for the purpose of...
Long Continuous Consensual Relationship Not 'Rape': Allahabad High Court Discharges Man, Notes Financial Dispute Between Parties
The Allahabad High Court recently observed that a long, continuous physical relationship between consenting adults cannot be termed 'rape' when a promise to marry fails, especially when the underlying dispute is predominantly civil and financial in nature. Allowing two connected criminal appeals, a bench of Justice Santosh Rai discharged the accused (Saurabh Pal Singh) of all...
'Electrohomeopathy' Certificate Doesn't Entitle One To Practice Allopathy; Unqualified Treatment Is 'Quackery': Allahabad High Court
The Allahabad High Court has ruled that a person holding a certificate in 'electrohomeopathy' is not entitled to practice modern medicine (allopathy) as allowing such individuals to treat patients poses a grave risk to public health. Dismissing a writ petition filed by a clinic owner, a bench of Justice JJ Munir and Justice Indrajeet Shukla observed that a person who lacks...
Urban Land Ceiling Act | Landholder Can't Claim Protection To Retain Surplus Land If Possession Was Taken Before Repeal Act: Allahabad High Court
The Allahabad High Court has held that a landholder cannot claim the protection of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 to retain surplus land where possession had already been taken under the Urban Land (Ceiling and Regulation) Act, 1976 before the Repeal Act came into force. The Court also held that a writ petition challenging such ceiling proceedings, filed more than...
Victim Not A 'Sterling Witness', Her Family Was Present In House: Why Allahabad High Court Upheld Acquittal In 2014 Rape Case
The Allahabad High Court last week dismissed a state appeal challenging the acquittal of a man accused of rape as it observed that it was highly improbable for the crime to have been committed while the victim's children and other family members were present inside the house. The High Court also noted a material discrepancy in the statement of the victim with regard to the commission of...
Petrol Pump Dealership Can't Be Cancelled On Mere Suspicion Of Tampering With Fuel Dispensing Unit: Allahabad High Court
The Allahabad High Court has held that a petrol pump dealership cannot be terminated on mere suspicion of tampering with fuel dispensing unit.Justice Irshad Ali added that the dealership cannot be terminated unless it is established with evidence that the alleged irregularity was capable of manipulating fuel delivery to the consumers, and that such manipulation was attributable to the...