All High Courts Weekly Roundup [14 February- 20 February 2022]

Allahabad High Court 1. Matrimonial Case Transfer- Wife Not Having Anyone To Accompany Her Across Long Distance A Relevant Factor: Allahabad HC Case title - Smt. Shakshi Agrawal v. Sri Ashutosh Agrawal Case citation: 2022 LiveLaw (AB) 45 The High Court has observed that the fact that a wife is not having anyone to accompany her across a long distance is also a relevant consideration in ordering the transfer of a matrimonial case. The Bench of Justice J. J. Munir observed thus while allowing a transfer application filed by a wife seeking transfer of a matrimonial case (filed by the husband) from the court of Principal Judge, Family Court, Gautam Budh Nagar to the court of Principal Judge, Family Court, Allahabad. 2. Allahabad HC Dismisses PIL Seeking Postponement Of Assembly Polls On Ground Of Discrepancies In ECI's Poll Data Case title - Rajan Singh v. Election Comm.Of India Thru. Chief Election Comm. And Anr Case Citation: 2022 LiveLaw (AB) 46 The High Court dismissed a Public Interest Litigation (PIL) plea seeking postponement of Uttar Pradesh State Assembly Polls 2022 on grounds of certain discrepancies in the information/data provided by the Election Commission of India regarding UP Assembly polls. Essentially, the PIL plea moved by petitioner in person Rajan Singh submitted that the Election Commission of India, while issuing the Press Note giving the information to hold the assembly elections in five states, gave certain factually incorrect information. 3. Motor Accident- Insurer Not Absolved From Paying Damages Merely Because Erring Driver Had Fake Driving Licence: Allahabad HC Case title - National Insurance Company Ltd. v. Kewal Krishna Arora And Others Case citation: 2022 LiveLaw (AB) 47 In a motor accident death claim case, the High Court recently observed the insurance company cannot be permitted to avoid its liability only on the ground that the person driving the vehicle, which caused the accident of the deceased, was not duly licensed at the time of the accident. Referring to a 2003 ruling of the Apex Court (United India Insurance Company Limited vs. Lehru and others), the bench of Justice Subhash Chandra Sharma observed that it was not expected of the employer to verify the genuineness of a driving license from the issuing authority at the time of employment. 4. HC Can Interfere In Appeal Against Acquittal If Trial Court's View Is Found To Be 'Perverse': Allahabad High Court Case title - Virendra Singh v. State Of U.P. And 3 Others Case Citation: 2022 LiveLaw (AB) 48 The High Court observed that the High Court should interfere with the judgment and order of acquittal passed by the Trial Cour if it arrives at a finding that the trial Court's decision was perverse or otherwise unsustainable. The Bench of Justice Vivek Kumar Birla and Justice Subhash Vidyarthi observed thus while dismissing an appeal filed against the 2017 order passed by the Additional Sessions Judge, Mathura acquitting the 3 persons under Section 302 I.P.C. and Section 25 of Arms Act. 5. Allahabad High Court Grants Bail To Man Accused Of Posting Objectionable Pics Of PM Narendra Modi On FB Case title - Chhangur Yadav v. State of U.P. Case Citation: 2022 LiveLaw (AB) 49 The High Court granted bail to a man who has been accused of posting objectionable pictures of the Prime Minister of India Narendra Modi on Facebook and WhatsApp which allegedly enraged the public at large. The Bench of Justice Krishan Pahal granted him bail keeping in view the nature of the offence, evidence on record regarding the complicity of the accused, larger mandate of Article 21 of the Constitution of India. 6. Tehsil Lawyers On Strike For Almost 2 Yrs: Allahabad HC Directs State Bar Council To Take Disciplinary Action Case title - Om Prakash v. Shakti Singh, Tehsildar Case citation: 2022 LiveLaw (AB) 50 The High Court directed the Uttar Pradesh Bar Council to take disciplinary action against striking lawyers at Uttar who continuously abstained from work on every date between February 5, 2020 to January 5, 2022. The Bench of Justice Rohit Ranjan Agarwal issued this extraordinary order after observing that the Apex Court has held the strikes by lawyers to be illegal and had directed that the judicial work cannot be stopped and hampered at the instance of the lawyers. 7. POCSO Act Not Intended For Teenagers' Romantic Affair: Allahabad HC Grants Bail To Man Who Married 14-Yr-Old Victim Case title - Atul Mishra v. State Of U.P. And 3 Others Case citation: 2022 LiveLaw (AB) 51 The High Court recently granted bail to a POCSO Accused who ran away with a 14-year-old girl (victim) due to a romantic affair between them. The Court noted that both of them fled away, got married in a Temple, and remained in company with each other for almost two years during which the girl even gave birth to a baby. ...

All High Courts Weekly Roundup [14 February- 20 February 2022]

Shrutika Pandey

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