Allahabad High Court Weekly Round Up: April 18 To April 24, 2022

NOMINAL INDEX Shahida v State Of U.P. And 3 Others 2022 LiveLaw (All) 183 Pawan Singh And Another v. State of U.P. 2022 LiveLaw (All) 184 Indian Farmers Fertilizers Cooperative Ltd. v. Manish Engineering Enterprises 2022 LiveLaw (All) 185 Naushad Ali (Second Bail Application) v. State Of U.P.Thru Prin.Secy Home Lucknow 2022 LiveLaw (All) 186 Suresh Chandra Tripathi v. State Of U.P And 2 Others 2022 LiveLaw (All) 187 State of U.P. v. Vasdev Chauhan S/O Brahmchari And Another 2022 LiveLaw (All) 188 Ram Shanker And Another v. State of U.P. 2022 LiveLaw (All) 189 Satish Sharma And Another v State of U.P. 2022 LiveLaw (All) 190 CG Power and Industrial Solutions Ltd. v. U.P. Power Transmission Corporation Ltd. 2022 LiveLaw (All) 191 Vipin Kumar v. State of U.P. and Another 2022 LiveLaw (All) 192 Km. Sanaya Sharma (Minor) And Another v. State Of U.P. And 4 Others 2022 LiveLaw (All) 193 C/M Anjuman Intezamia Masajid Varanasi v. Smt. Rakhi Singh And 8 Others 2022 LiveLaw (All) 194 Ram Kumar @ Tuntun v. State of U.P. and Another 2022 LiveLaw (All) 195 Mohd. Moin Quraishi v. State of U.P. and others 2022 LiveLaw (All) 196 Surya Udaivir Alias Sonu v. State of U.P. 2022 LiveLaw (All) 197 Subodh Kumar Jain @ Subodh Jain v. State Of U.P And Others 2022 LiveLaw (All) 198 Salman @ Mohammad Salman And 2 Others v. State Of U.P. And 2 Others 2022 LiveLaw (All) 199 Muraj @ Muraj Rajbhar v. State of U.P. 2022 LiveLaw (All) 200 Shahanshah v. State Of U.P. And 2 Others 2022 LiveLaw (All) 201 Juber v. State Of U.P. And 2 Others 2022 LiveLaw (All) 202 Judgments/Orders of the Week "Tolerance, Respect For All Communities Essential To Keep Country United": Allahabad HC Dismisses PIL Over Meat Sale Ban In Mathura-Vrindavan Case title - Shahida v State Of U.P. And 3 Others Case Citation: 2022 LiveLaw (All) 183 "India is a Country of great diversity. It is absolutely essential if we wish to keep our Country united to have tolerance and respect for all communities and sects," remarked the High Court as it dismissed a PIL plea filed in connection with the decision of the UP Government to ban meat/liquor sale in Mathura-Vrindavan. The Bench of Justice Pritinker Diwaker and Justice Ashutosh Srivastava, however, restrained itself from commenting anything upon the validity of the order of the UP Government (meat/liquor ban in 22 municipal wards after declaring the same as a pilgrimage site) as it noted that the PIL plea had not challenged the Government Orders. Concurrent Running Of Sentences Is A Basic Rule Where Accused Is Convicted For 2 Or More Offences Arising Out Of Single Transaction: Allahabad HC Case title - Pawan Singh And Another v. State of U.P. [CRIMINAL APPEAL No. - 5086 of 2005] Case Citation: 2022 LiveLaw (All) 184 The High Court has observed that if the accused is convicted for two or more different offences, arising out of one and the same transaction, the basic rule is that the sentences must be directed to run concurrently. The Bench of Justice Raj Beer Singh also said that Section 31 of CrPC leaves discretion with the Court to order sentences for two or more offences at one trial to run concurrently or consequently, having regard to the nature of offences and attendant aggravating or mitigating circumstances. Application For Extension Of Time For Passing The Award Lies Only Before The High Court Which Appointed The Arbitrator: Allahabad High Court Case Title: Indian Farmers Fertilizers Cooperative Ltd. v. Manish Engineering Enterprises, A&C Application U/S 11(4) No. 5 of 2022. Citation: : 2022 LiveLaw (All) 185 The High Court has held that the Court for the purpose of an application under S. 29A of the A&C Act would only be the High Court that appointed the arbitrator. The Single Bench of Justice Rohit Ranjan Agarwal held that the Principal Civil Court does not have the jurisdiction to entertain an application for an extension of time. The Court held that Sub-section 6 of Section 29A allows the Court to substitute the arbitrator(s) and conferring this power on the Principal Civil Court would lead to an inconceivable situation where the mandate of an arbitrator appointed by the High Court could be substituted by an inferior Court. Allahabad High Court Denies Bail To Man Accused Of Attempting To Rape Own Daughter, Uploading Her Nude Pics On Facebook Case title - Naushad Ali (Second Bail Application) v. State Of U.P.Thru Prin.Secy Home Lucknow Case Citation: 2022 LiveLaw (All) 186 The High Court denied bail to a man who has been accused of attempting to rape his own daughter and uploading her pictures on Facebook. The bench of Justice Dinesh Kumar Singh denied bail to one Naushad Ali considering the relationship between the accused-applicant and the prosecutrix, heinousness of the offence, societal impact of the offence and the statement of the...

Allahabad High Court Weekly Round Up: April 18 To April 24, 2022

Sparsh Upadhyay

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