Allahabad High Court Weekly Round-Up: September 23 To September 29, 2024

NOMINAL INDEX Vihari And 2 Others vs. State of U.P. and Another 2024 LiveLaw (AB) 589 Rabiya vs. State Of U.P. Thru. Prin. Secy. Home Lko. And Another 2024 LiveLaw (AB) 590 Arun Mishra vs. Honble Mrs Justice Sunita Agrawal, The Then Puine Judge Of This High Court Of Judicature At Allahabad 2024 LiveLaw (AB) 591 Kishore Shankar Signapurkar v. State Of U.P. And Anr 2024 LiveLaw (AB) 592 Shahrukh Khan And Another vs. State Of UP 2024 LiveLaw (AB) 593 Dr. Rajesh Singh And Another v. State of U.P. and Another 2024 LiveLaw (AB) 594 Smt. Tripti Singh v. Ajat Shatru 2024 LiveLaw (AB) 595 Jitendra Kumar Keshwani v. State Of U.P. And Anr 2024 LiveLaw (AB) 596 In Re v. Shri Yogendra Trivedi 2024 LiveLaw (AB) 597 Subhash Chandra v. Srikant Goswami Posted Managing Director, Sahkari Gram Vikas Bank Ltd. Lucknow And 2 Others 2024 LiveLaw (AB) 598 'X' Respondent :- State Of Uttar Pradesh And 3 Others 2024 LiveLaw (AB) 599 Asif vs. State Of Up And 2 Others and connected matters 2024 LiveLaw (AB) 600 Mahavir Prasad v. Balveer Singh And Anr. 2024 LiveLaw (AB) 601 Smt Kriti Goyal v. Dev Suman Goyal And 3 Others 2024 LiveLaw (AB) 602 Raj Kumar v. State of U.P. And 3 Ors. 2024 LiveLaw (AB) 603 Manoj vs. State of U.P. 2024 LiveLaw (AB) 604 Orders/Judgments of the Week SC/ST Act Being Misused For Financial Gains: Allahabad HC Bats For Pre-FIR Assessment Of Credibility Of Complaints Case title - Vihari And 2 Others vs. State of U.P. and Another 2024 LiveLaw (AB) 589 Citation: 2024 LiveLaw (AB) 589 The Allahabad High Court reiterated its concerns over the misuse of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989. The court observed that the 1989Act, which was designed to provide immediate relief to victims of atrocities, is being misused by some individuals to obtain compensation. The Court underscored that the misuse of the 1989 law not only harms the credibility of the justice system but also hinders the progress toward achieving genuine equality for those who continue to face prejudice and marginalisation. Allahabad HC Notes 'Trend' Of Filing Of Fresh FIRs Against Accused To Create Grounds For Bail Cancellation Case title - Rabiya vs. State Of U.P. Thru. Prin. Secy. Home Lko. And Another 2024 LiveLaw (AB) 590 Case citation: 2024 LiveLaw (AB) 590 The Allahabad High Court noted a 'trend' in which fresh FIRs/complaints are filed against an accused after he has been granted anticipatory/regular bail to create grounds for the cancellation of the bail. A bench of Justice Subhash Vidyarthi observed thus while dealing with a plea filed seeking cancellation of anticipatory bail granted to the accused (by the HC in August 2023) booked in a 2023 FIR lodged under Sections 493, 323, 504, 506 IPC. Allahabad HC Dismisses Advocate's 'Vexatious' Plea To Initiate Criminal Contempt Case Against Gujarat HC Chief Justice Case title - Arun Mishra vs. Honble Mrs Justice Sunita Agrawal, The Then Puine Judge Of This High Court Of Judicature At Allahabad 2024 LiveLaw (AB) 591 Case citation: 2024 LiveLaw (AB) 591 The Allahabad High Court DISMISSED a petition filed by an advocate under Section 15(1)(b) of the Contempt of Courts Act 1971 to initiate criminal contempt proceedings against Justice Sunita Agrawal (former Judge, Allahabad HC; presently, Chief Justice, Gujarat High Court). A bench of Justice Rajiv Gupta and Justice Surendra Singh-I termed the petition as 'frivolous', 'vexatious', 'irresponsible', 'merit-less' and 'misconceived' and added that in the interest of proper functioning of the Institution, such applications should be discouraged by all means. NI Act | Company Can Be Summoned Through Person In-Charge Of Its Affairs, No Separate Summon To The Company Required: Allahabad High Court Case Title: Kishore Shankar Signapurkar v. State Of U.P. And Anr [APPLICATION U/S 482 No. - 4898 of 2019] Case citation: 2024 LiveLaw (AB) 592 The Allahabad High Court has held that a company is juristic person can be summoned through the person in-charge of its affairs and if such a juristic person summoned through the person in-charge, it cannot be said that the company has not been summoned for trial under the Negotiable Instruments Act, 1881. The Court held that once company is also made a party to the proceedings under Section 138 and 141 of the Act, if the signing Director signing the cheque is summoned, then it must be presumed that the company has been summoned. Prosecution Can't Rely On Dying Declaration Unless Accused Is Confronted With Its Contents: Allahabad High Court Case title - Shahrukh Khan And Another vs. State Of UP 2024 LiveLaw (AB) 593 Case citation: 2024 LiveLaw (AB) 593 The Allahabad High Court has observed that the prosecution cannot rely on a dying declaration unless an accused is confronted with its contents. A bench...

Allahabad High Court Weekly Round-Up: September 23 To September 29, 2024

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