Allahabad High Court Weekly Round-Up: December 19 To December 25, 2022

NOMINAL INDEX Badri Shrestha v. State of U.P. Thru. Prin. Secy. Home Lko. and another 2022 LiveLaw (AB) 533 Basoo Yadav vs. Union Of India And 4 Others 2022 LiveLaw (AB) 534 U.P. Expressways Industrial Development Authority versus M/s. Sahakar Global Ltd. 2022 LiveLaw (AB) 535 Kamla Singh vs. State Of U.P. And 3 Others 2022 LiveLaw (AB) 536 Sidhique Kappan vs. Directorate Of Enforcement Thru. Assistant Director Lucknow 2022 LiveLaw (AB) 537 Faisal Ashraf vs. State Of U.P. And 2 Others 2022 LiveLaw (AB) 538 XYZ vs. State of UP and 2 others 2022 LiveLaw (AB) 539 Saleem vs. State Of U.P. Thru. Addl. Chief Secy. Home Lko. 2022 LiveLaw (AB) 540 ORDERS/JUDGMENT OF THE WEEK Lucknow Gomti River Front 'Scam'| Allahabad High Court Denies Anticipatory Bail To Project Advisor Case title - Badri Shrestha v. State of U.P. Thru. Prin. Secy. Home Lko. and another [Criminal Misc. Anticipatory Bail Application U/S 438 CR.P.C. No.2102 of 2022] Case Citation: 2022 LiveLaw (AB) 533 The Allahabad High Court denied anticipatory bail to the former advisor of Lucknow's Gomti Riverfront project who has been accused of committing huge corruption and large-scale irregularities in the implementation of the project. Looking at the magnitude of the corruption involved in the case, the allegations against the accused-applicant, Badri Shrestha and evidence available against him, the Bench of Justice Dinesh Kumar Singh denied him anticipatory bail. Can't Reject Passport Application On The Basis Of Reports Of Non-Cognizable Cases Not Investigated Into: Allahabad High Court Case title - Basoo Yadav vs. Union Of India And 4 Others [WRIT - C No. - 29605 of 2022] Case Citation: 2022 LiveLaw (AB) 534 The Allahabad High Court has observed that the reports with regard to the non-cognizable cases could not be made the basis for rejecting an application for the issuance of a passport if they had not been investigated into. The bench of Justice Siddhartha Varma and Justice Ajit Singh observed thus while hearing a writ plea filed by one Basoo Yadav, who had moved the Court seeking the issuance of a passport in his favor. Section 9 Application, Against Cashing Unconditional BG; Court To Consider Only Terms Of BG: Allahabad High Court Case Title: U.P. Expressways Industrial Development Authority versus M/s. Sahakar Global Ltd. Case Citation: 2022 LiveLaw (AB) 535 The Allahabad High Court has ruled that while dealing with an application under Section 9 of the Arbitration and Conciliation Act, 1996 (A&C Act), seeking to restrain the invocation or encashment of the Bank Guarantee, the Court is only required to consider the terms of the Bank Guarantee Agreement and not the conditions contained in the main Contract between the parties, in terms of which the guarantee was furnished. The bench of Justices Attau Rahman Masoodi and Om Prakash Shukla held that when an application for interim measures is filed under Section 9 of the A&C Act, seeking interference in the invocation of an unconditional Bank Guarantee, the Court is not required to interpret the contract and/or form a prima facie opinion as to whether the beneficiary of the Bank Guarantee has wrongfully invoked the Bank Guarantee. The Court ruled that such an exercise can only be done in a substantive proceeding before the Arbitral Tribunal. Allahabad HC Orders Inquiry Against 'Unruly' Advocates Who Raised Slogans To Assault Police Officers Summoned By Court Case title - Kamla Singh vs. State Of U.P. And 3 Others Case Citation: 2022 LiveLaw (AB) 536 The Allahabad High Court took serious note of the conduct of certain 'unruly' advocates who raised slogans, outside the courtroom, to assault police officers, including lady officers, who were summoned by the Court in connection with a criminal writ petition. The bench of Justice Suneet Kumar and Justice Syed Waiz Mian directed the Registrar General to conduct a discreet inquiry and submit a report in this regard identifying the unruly advocates. The case would be registered as a separate case, the Court further ordered. Kappan Bail In PMLA Case| "No Other Transaction Alleged Except For ₹5K Received In Bank Account Of Co-Accused": Allahabad HC Case title - Sidhique Kappan vs. Directorate Of Enforcement Thru. Assistant Director Lucknow [CRIMINAL MISC. BAIL APPLICATION No. - 13642 of 2022] Case Citation: 2022 LiveLaw (AB) 537 The Allahabad High Court granted bail to Kerala journalist Siddique Kappan in connection with a Prevention of Money Laundering Act (PMLA) case initiated against him by the Enforcement Directorate (ED). Significantly, the Bench of Justice Dinesh Kumar Singh noted in its order that except for the allegations that ₹5K was transferred in the bank account of the co-accused (Atikur Rahman), there is no other transaction, either in the bank account of Kappan or in the Co-accused bank...

Allahabad High Court Weekly Round-Up: December 19 To December 25, 2022

Sparsh Upadhyay

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