Allahabad High Court
Vacant Abadi Land Can't Be Used For Panchayat Bhawan Construction At The Cost Of Public Utility Buildings: Allahabad HC
The Allahabad High Court has observed that the vacant land of Abadi may be used for the construction of Panchayat Bhawan, but it cannot be at the cost of any other building for public utility. A bench of Justice Saurabh Shyam Shamshery observed thus while dealing with a suo moto matter concerning the restoration of a community health centre in Village Panchayat Alauddinpur, Block...
Denial Of Sex Must Sustain Over A 'Long Period' To Seek Dissolution Of Marriage On This Ground: Allahabad High Court
The Allahabad High Court has ruled that to seek dissolution of marriage on the ground of denial of sexual intercourse, it must be demonstrated that this denial has been a consistent and ongoing issue over a prolonged period of time. A bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh also added that the issue of what type of physical intimacy the parties may be able...
Bahraich Violence | 'Any 'Illegal' Construction Is Liable To Be Demolished': UP Govt To High Court, Justifies Issuance Of Notices To 'Encroachers'
The Uttar Pradesh Government has filed an affidavit before the Allahabad High Court justifying the issuance of notices to some building/house owners (23 people) who were allegedly involved in the October 13 Bahraich violence incident. The state authorities have found these individuals to be "encroaching" on kilometer 38 of the Kundasar-Mahsi-Nanpara (Major District...
Bahraich Violence-Demolition Notices | State Must Abide By Law, Ensure Actions Aren't Taken Selectively: Allahabad HC Tells UP Govt Orally
The Allahabad High Court today orally asked the Uttar Pradesh Government to ensure that nothing is done selectively pursuant to the demolition notices it issued against some building/house owners (23 people) who were allegedly involved in the October 13 Bahraich violence incident. “I know the state has a lot of responsibilities to maintain peace and tranquillity, but please ensure...
Allahabad HC Refuses To Quash 'Riots' FIR Lodged By Sitting MLA Against Bahraich Violence Victim's Relative, BJYM City Chief
The Allahabad High Court recently refused to quash an FIR, lodged on the complaint of Mahasi MLA Sureshwar Singh against a relative of the Bahraich violence victim Ram Gopal Mishra, the BJYM City Chief, and others. For the uninitiated, on October 13, the final day of Durga Puja celebrations, communal violence broke out in the Maharajganj/Mehsi area of District Bahraich after some...
UP Panchayat Raj Rules 1997 | DM Can't Remove A Pradhan Solely Based On A Spot Inspection Sans A Formal Inquiry: Allahabad HC
The Allahabad High Court recently observed that an order for the removal of a Pradhan by the District Magistrate can't be passed only based on a spot inspection made by the Enquiry Officer without complying with the provisions of Rules 6 and 7 of the UP Panchayat Raj (Removal of Pradhan, Up-Pradhan and Members) Enquiry Rules 1997. A bench of Justice Manish Kumar Nigam noted that...
UP Courts Can't Entertain Anticipatory Bail Pleas For Offences Punishable By Death As State Amendment Prohibits It: Allahabad HC
The Allahabad High Court has held that since the Code of Criminal Procedure (Uttar Pradesh Amendment) Act 2018 bars the grant of anticipatory bail in cases where the offence is punishable by a death sentence, the Courts cannot entertain pre-arrest bail pleas concerning such cases. A bench of Justice Vivek Chaudhary and Justice Narendra Kumar Johari held thus while answering a...
Not Lawful For Magistrate To Direct Preliminary Inquiry Into Sexual Assault Allegations Made In S. 156 (3) CrPC Application: Allahabad HC
The Allahabad High Court has observed that it is neither desirable nor lawful for a Magistrate, dealing with a Section 156 (3) plea containing sexual assault allegations, to direct a preliminary investigation/inquiry by police and to place reliance on the police report submitted in favour of the proposed accused. The Court observed that such an approach of the magistrate is not...
Ghaziabad Bar Association Moves Allahabad HC Seeking SIT Probe Into Court Lathicharge Violence Against Lawyers
The Ghaziabad Bar Association has moved the Allahabad High Court seeking an SIT investigation, under the direct supervision of the HC, into the recent lathi-charge violence against advocates in Ghaziabad Court. The Criminal Writ petition moved through Advocate Jawahir Yadav also prays for the issuance of a show cause notice to the District Magistrate by exercising powers under...
Allahabad HC Criticises UP Add'l Chief Secy For Seeking Exemption From Appearance To Attend Programme With CM
The Allahabad High Court recently took exception to an affidavit filed by the Additional Chief Secretary (Finance), UP Govt pleading for exemption from the court's presence on the ground that he was required to attend a Programme to be attended by the Chief Minister. “The proceedings of the Court are not supposed to be delayed because of the Programme fixed by any other...
'Eyewitnesses, First Informant Ganged Together To Implicate Accused': Allahabad HC Acquits Man In 1982 Murder Case
The Allahabad High Court recently acquitted a man who was convicted in 1982 murder caa, as it noted that two eye-witnesses and the first informant had ganged together to implicate the accused. A bench of Justice Siddhartha Varma and Justice Ram Manohar Narayan Mishra also observed that the prosecution story contained many lapses, which made the case doubtful, and the case against...
'Arbitrary' Confiscation Of Vehicle A 'Serious' Encroachment On Fundamental Right To Trade U/Art 19(1)(g): Allahabad HC
The Allahabad High Court has observed that the 'arbitrary' confiscation of a vehicle that a person might be using for his trade, profession, or occupation is a serious encroachment on the fundamental right of a citizen guaranteed under Article 19(1)(g) of the Constitution of India. “The confiscation, by its very connotation, implies depriving a person of his property to which he...