Allahabad High Court Weekly Round-Up: January 13 To January 19, 2025

NOMINAL INDEX 2025 LiveLaw (AB) 9 Gandharv Kumar @ Gaurav vs. State of U.P. 2025 LiveLaw (AB) 10 2025 LiveLaw (AB) 11 Arun Prasad vs. State of U.P. 2025 LiveLaw (AB) 12 Amit Dhama v. Smt Pooja And 2 Others 2025 LiveLaw (AB) 13 Atul Gautam vs. State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. 2025 LiveLaw (AB) 14 Zulfikar Ahmad And 7 Others vs. Jahangir Alam...

S. 319 CrPC | Degree Of Satisfaction To Summon Additional Accused Must Be Higher Than The Standards Required At Framing Of Charges Stage: Allahabad HC

The Allahabad High Court has observed that after the commencement of the trial, the degree of satisfaction required to be recorded by the trial court while summoning any other person as an additional accused under Section 319 CrPC should be more than the standards needed for the stage of framing of charges. A bench of Justice Manoj Bajaj added that the discretionary power u/s 319...

Refusal Of Husband To Lead Evidence Not Sufficient For HC To Extend Further Opportunity To Adduce Evidence: Allahabad High Court

The Allahabad High Court has held that decision of the Trial Court/ Family Court cannot be set aside because of failure on part of the husband in leading evidence when there is no other infirmity in the order.The bench of Justice Ashwani Kumar Mishra and Justice Donadi Ramesh held “Refusal/ failure on part of the husband to lead any evidence would not be sufficient for this Court to extend...

Allahabad HC Stays Coercive Action Against Teacher Accused Of Flogging 6 Yr Old Student Over 'Racial Hatred'

The Allahabad High Court recently restrained the police from taking coercive action against a teacher who has been accused of flogging a 6-year-old student, belonging to the SC Caste, owing to racial hatred. A bench of Justice Dinesh Pathak also issued notices to the state government and the complainant seeking their responses, while posting the matter for a further hearing on...

Power Of Transfer Exercised As Substitute For Infliction Of Lawful Punishment Is Malice In Law: Allahabad High Court

The Allahabad High Court has quashed an order for transfer of the petitioner by the Purvanchal Vidyut Vitaran Nigam Limited as being malicious and without justification. It was held that the transfer order cannot be used a measure for punishment.“The exercise of the power of transfer as a substitute for the infliction of lawful punishment in exercise of the employer's disciplinary...

Allahabad High Court Acquits Murder Convict Who Was Given Remission In 2021 Upon Spending 25 Years In Jail

The Allahabad High Court last week acquitted a murder accused who had been given remission in the year 2021 upon completing 25 years in Jail, as it found manifest illegality in the trial court judgment pronounced in March 2002. The Court noted that the 'extra-judicial confession' relied upon by the trial court had not been proved beyond reasonable doubt, and the same was...

Rape On False Marriage Promise A Reprehensible Offence, Act Can't Be 'Executed' By A Subsequent Marriage Offer : Allahabad HC

The Allahabad High Court has observed that the act of sexual exploitation under the false promise of marriage is a reprehensible offence which reduces the victim to an object for someone's personal gratification.Emphasising that such an act cannot be executed by a subsequent offer of marriage, a bench of Justice Sanjay Kumar Singh noted that the law does not allow for the acceptance of...

Allahabad HC Orders Removal Of Unauthorized Encroachers At Entry Gates Of 'Chhota Imambara' In Lucknow

Last week, the Allahabad High Court (Lucknow Bench) directed the local authorities and district administration to ensure the removal of unauthorized encroachers at the entry gates of Chhota Imambara in Lucknow. A bench of Justice Attau Rahman Masoodi and Justice Subhash Vidyarthi passed this order while hearing a 2013 PIL plea moved by Advocate Syed Mohammad Haider Rizvi for...

Allahabad High Court Extends Stay On Mohammed Zubair's Arrest Till January 27 In Yati Narsinghanand 'X' Post Case

Today, the Allahabad High Court extended the stay on the arrest of Alt News co-founder Mohammed Zubair until January 27 in connection with an FIR against him over his alleged X Post 'X' (formerly Twitter) on Yati Narsinghanand. A bench of Justice Siddhartha Varma and Justice Yogendra Kumar Srivastava extended the relief as it allowed the State Government to verify the averments and...

Consumption Of Alcohol By Wife Not Cruelty Unless Followed By Unwarranted & Uncivilized Behavior: Allahabad High Court

While granting a decree of divorce on grounds of desertion, the Allahabad High Court has observed that merely because the wife consumes alcohol does not amount to cruelty unless it is followed by uncivilized behavior.The bench held,“Consuming of Alcohol by itself does not amount to cruelty, if it is not followed by unwarranted & uncivilized behavior. Though, consuming of alcohol...

Tenant Should Be At The Pleasure Of Landlord, Must Release Property When Landlord Requires It For Bonafide Personal Use: Allahabad HC

The Allahabad High Court has held that a tenant is usually at the pleasure of the landlord and will have to release the property if the landlord so desires. It was held that the Court must see if the need of the landlord is bonafide before ruling against the tenant.“A tenant should be at the pleasure of landlord in a sense that as and when the landlord needs the property for his personal...

Allahabad HC Grants Bail To Rape Accused On Condition Of Marrying Inter-Faith Live-In Partner, Securing Monetary Support For Child

The Allahabad High Court recently granted bail to a man accused of raping his inter-faith live-in partner on the false promise of marriage, on the condition of marrying the prosecutrix under the Special Marriage Act and depositing ₹5 lacks as a Fixed Deposit to protect the monetary security of the prosecutrix as well as her child. A bench of Justice Rajesh Singh Chauhan noted that it...