Daughter Living With Father At Time Of Separation Does Not Deprive Mother Of Right To Custody As Natural Guardian: Allahabad High Court

Observing that the mother is the natural guardian of a 4-year-old daughter, the Allahabad High Court has held that even if the company of the minor daughter was given to the husband at the time of separation, it would not deprive the mother of her right to custody of the daughter.The bench of Justice Ashwani Kumar Mishra and Justice Donadi Ramesh held “Merely because the mother has...

Allahabad High Court Orders Action Against Registry Officials For Applying Own 'Wisdom' In Court Proceedings

The Allahabad High Court recently directed the drawing of proceedings against an Assistant Registrar (Second Appeal) and a Review Officer of the HC on the administrative side for applying their own 'wisdom' to convert one proceeding into another.A bench of Justice Kshitij Shailendra took exception to the act of the concerned administrative officers for converting a Second Appeal into a...

[Income Tax] Allahabad HC To Examine Whether Proceedings U/S 148A(b) Initiated Prior To 01.09.2024 Would Be Saved After Enforcement Of The Finance (No.2) Act, 2024

The Lucknow Bench of the Allahabad High Court has sought state response on the question of maintainability of proceedings under Section 148A(b) of the Income Tax Act initiated prior to 01.09.2024, if at all, would be saved after enforcement of the Finance (No.2) Act, 2024 w.e.f. 01.09.2024 especially in view of sub-Section- (4) of Section 152 of the Income Tax Act, 1961 which has...

Allahabad HC Stays Criminal Proceedings Against Fashion Model Booked Over 'Controversial' Poster With Shiva Linga

Last week, the Allahabad High Court stayed criminal proceedings against Varanasi-based fashion model Mamta Rai in a 2022 case alleging that she promoted enmity between different groups on the grounds of religion and race and committed intentional insult by posting a picture showing her offering flowers on a Shivalinga with the caption “मैं काशी हूं (I...

Physical Relation Not Considered Against Will If Married Woman With Experience In Sex Offers No Resistance: Allahabad HC

While granting bail to a man accused of committing rape against a 30-year-old widow having three children, the Allahabad High Court observed that if a married woman having experience in sex does not offer resistance, it cannot be said that her physical relation with a man was against her will. A bench of Justice Sanjay Kumar Singh observed this while granting relief to a...

Allahabad High Court Weekly Round-Up: January 06 To January 12, 2025

NOMINAL INDEX Salman vs. State of U.P 2025 LiveLaw (AB) 2 Ashok Pandey vs. Chairman Of Rajya Sabha Thru. Secy. General And Another 2025 LiveLaw (AB) 3 Pramod Kumar v. State of U.P. and Others 2025 LiveLaw (AB) 4 Arvind vs. State Of U.P. And 3 Others 2025 LiveLaw (AB) 5 Manish Kumar Yadav vs. State of U.P 2025 LiveLaw (AB) 6 Ram Bali Ram v. State of U.P. and Another...

Nowadays There Can Be No Presumption That Victim Would Always Tell Entire Story Truthfully In Rape Cases: Allahabad High Court

While granting bail to a man accused of sexually exploiting a married woman on the pretext of providing her government job, the Allahabad High Court recently observed that nowadays, there can be no presumption that in all rape cases, the prosecutrix would always tell the entire story truthfully. “No doubt in the matter of rape, the statement of the prosecutrix should be...

Teachers' Role Crucial In Shaping Future Of Democratic Nation's Citizens; Their Impact Extends Beyond Classroom: Allahabad HC

The Allahabad High Court has observed that Teachers play a crucial role in shaping the future citizens of a democratic nation, influencing their academic development and mounding their civil consciousness and ethical values. A bench of Justice Sanjay Kumar Singh added that the role of a teacher is multifaceted and carries significant responsibilities that extend beyond the mere...

Allahabad HC Grants Further 6-Weeks To UP Govt For Decision On Relocation/Rehabilitation Of Hathras Rape Victim's Family

The Allahabad High Court has granted a further 6-week time to the state government to take a decision and apprise the court with regard to the relocation and rehabilitation (at Ghaziabad or Gautam Buddh Nagar) of the family members of the Hathras gang rape and murder victim. A bench of Justice Rajan Roy and Justice Jaspreet Singh granted more time to the State Government as the bench...

Allahabad High Court Rejects Protection Plea Of Married Individuals In Inter-Faith Live-In Relationship With ₹50K Cost

The Allahabad High Court recently dismissed a protection plea filed by a married woman, employed in the police department and currently on childcare leave, along with her live-in partner, who is also married to another woman and a father of a 12-year-old child, while imposing a cost of ₹50,000 on the petitioners. A bench of Justice Vinod Diwakar imposed this cost on the petitioners as...

Staying Criminal Proceedings Pending For 34 Yrs, Allahabad HC Seeks Affidavit From UP Govt Officials On State's Litigation Policy

On Friday, the Allahabad High Court stayed the entire criminal proceedings in a 34-year-old case against a man accused of rioting, taking into account the inordinate delay caused by the State/prosecution in concluding the case. A bench of Justice Saurabh Lavania also directed the Uttar Pradesh government's Director General (Prosecution) and Additional Chief Secretary (Home Department)...

[GST] Decision-Making Procedure Adopted By Authority De Hors Provisions Of Act/Rules, Is Liable To Be Rendered As Flawed: Allahabad High Court

While directing that the order under Section 73 of the Goods and Service Tax Act, 2017 uploaded in the “Additional Notices and Tabs” on the GST portal be treated as the show cause notice, the Allahabad High Court observed that “If in a decision making procedure adopted by the authority is de hors the provisions of the act or rules framed thereunder, it is liable to be rendered...