State Medical College Doctors Referring Patients To Private Nursing Homes Has Become A Menace: Allahabad High Court

The Allahabad High Court has recently observed that doctors appointed by the state government working in state medical colleges but referring patients to private nursing homes has "become a menace". In doing so the court has also asked the state government to frame a policy to stop the private practice of doctors who are appointed in provincial medical services and district hospitals in...

Place Of Marriage Relevant Jurisdiction Under Hindu Marriage Act, Divorce Petition Can't Be Filed Where Reception Was Held: Allahabad HC

The Allahabad High Court has held that place of marriage reception is not relevant for the purpose of conferring jurisdiction on the Family Court under Section 19 of the Hindu Marriage Act, 1955.Section 19(i) of the Act confers jurisdiction under the Act upon a court within whose local limits the marriage between the parties was solemnized. Appellant-husband approached the High Court against...

Krishna Janmabhumi Dispute: Citing SC's Embargo, Allahabad HC Refuses Relief On Hindu Plaintiffs' Plea For Worship At Krishna Koop

In the ongoing Krishna Janmabhoomi-Shahi Eidgah Mosque dispute in Mathura, the Allahabad High Court last week refused to pass any order (for now) on an application filed by the Hindu worshippers seeking permission to perform worship at a well, Shri Krishna Koop, located near the staircase at the Shahi Idgah mosque. A bench of Justice Ram Manohar Narayan Mishra deferred the hearing on...

Writ Of Mandamus Can Be Issued In Contractual Matters Only When Outstanding Payments Are Admitted, Not Otherwise: Allahabad HC

The Allahabad High Court has held that writ jurisdiction cannot be invoked to enter contractual unless exceptional circumstances are present, which include respondents agreeing to the outstanding dues. It held that a writ of mandamus can be issued in such cases. In brief, the Petitioner won the contract to construct a residence under the Basic Services to the Urban Poor Yojana at...

Magistrate/Sessions Court Has No Jurisdiction To Grant Bail To Accused If HC Issues NBW In Appeals Against Acquittal Or Conviction: Allahabad HC [FB]

A full bench of the Allahabad High Court has held that where the High Court has consciously issued a non-bailable warrant for the arrest of an accused, against whose acquittal/conviction an appeal has been moved, the Magistrate or the Sessions Judge, as the case may be, would have no jurisdiction to release such person on bail. A bench of Justices Sangeeta Chandra, Pankaj Bhatia,...

Youth Attracted To Live-In Relations Which Lack Social Sanction, High Time That We Save Moral Values In Society: Allahabad HC

The Allahabad High Court recently observed that live-in relationships have no social sanction. Still, the youth are attracted to such relations, and it is high time that we found some framework and solution to save moral values in society. A bench of Justice Nalin Kumar Srivastava added that we live in a changing society, where moral values and the normal conduct of the young generation...

Religious Places Are For Offering Prayers, Loudspeaker Use Not A Right As It Often Causes Nuisance To Residents: Allahabad HC

The Allahabad High Court recently observed that religious places are primarily for offering prayers to the divinity, and thus, the use of loudspeakers cannot be claimed as a matter of right, especially when such use often creates a nuisance for the residents. A bench of Justice Ashwani Kumar Mishra and Justice Donadi Ramesh observed this while dismissing a writ plea moved by...

'Cyber Crime Like A Silent Virus Costing Society More Than Money': Allahabad HC Denies Bail To 'Digital Arrest' Accused

Taking note of the surge in cybercrimes across the nation, the Allahabad High Court recently observed that cybercrime in our country is like a silent virus, and it has affected an uncountable number of innocent victims who have been defrauded of their hard-earned money. The Court also noted that cybercrime affects people across the nation, irrespective of religion, region, education,...

Allahabad HC Grants Relief To Man Facing Charges Of Giving False Evidence In A Murder Trial For Past 32 Years

The Allahabad High Court recently quashed a complaint case pending against a man for the past 32 years where he was facing charges under Sections 194, 211 IPC for giving false evidence during a murder trial. Granting relief to the accused, a bench of Justice Raj Beer Singh noted that it is nearly impossible to hold a fair trial of the applicant-accused after such a long...

Actions Not Malicious: Allahabad HC Grants Relief To Addl Private Secretary Sacked For Unintentionally Forwarding WhatsApp Message Against CM

The Allahabad High Court had quashed the termination order of Additional Private Secretary in the State Secretariat of Uttar Pradesh, who was sacked for allegedly forwarding a WhatsApp message which is stated to have contained objectionable remarks concerning the Chief Minister and Deputy Chief Minister of the state. The order was quashed on grounds of lack of evidence to establish intention...

BREAKING | Allahabad HC Limits UP Police 'Unfettered' Power To Open History Sheets; Mandates Reasoned Orders, Objection Consideration & Yearly Review

In a significant order, the Allahabad High Court today effectively tossed out the "unfettered powers" of the Uttar Pradesh Police to open Class-B history sheets against citizens without observing the principles of natural justice. For context, as per the UP Police Regulation, Class-B history sheets are opened for “confirmed and professional criminals, who commit a crime other...

Supreme Court Order Expediting Divorce Proceedings Cannot Be Taken To Deprive Wife Of Her Right To Contest: Allahabad High Court

Recently, the Allahabad High Court has held that order passed by the Supreme Court expediting divorce proceedings cannot be a ground to deprive the wife of her right to contest divorce proceedings.Observing that the Family Court had not fairly adjudicated the divorce proceedings, the bench of Justice Ashwini Kumar Mishra and Justice Donadi Ramesh held“The undue hot haste in which the Court...