Allahabad High Court Weekly Round Up: March 28 To April 3, 2022

Allahabad High Court Weekly Round Up: March 28 To April 3, 2022 CITATIONS 2022 LiveLaw (AB) 142 TO 2022 LiveLaw (AB) 157 NOMINAL INDEX Gopal Krishna Shankdhar @ Krishna Gopal Shankdhar v. Shri Manoj Kumar Agarwal And 2 Others 2022 LiveLaw (AB) 142 Aparna Purohit v. State of U.P. and Another 2022 LiveLaw (AB) 143 Smt. Shalinee Dubey @ Radhika Dubey v. Abhishek Tripathi @ Gopal 2022 LiveLaw (AB) 144 State Of U.P. Through Secretary Revenue And 4 Others v. State Public Service Tribunal And 4 Others 2022 LiveLaw (AB) 145 Anokhi Lal Second Bail v. State of U.P 2022 LiveLaw (AB) 146 Inayat Altaf Shekh And 3 Others. v. State Of UP and Another 2022 LiveLaw (AB) 147 Anant Mishra @ Amit Mishra @ Surya Prakash Mishra v. State of U.P. and Another 2022 LiveLaw (AB) 148 Ram Prasad Rajouriya Vs. State Of U.P. And 5 Others 2022 LiveLaw (AB) 149 Fareed In Jail v. State of U.P. 2022 LiveLaw (AB) 150 Raj Kumar and Raj Kishore v. The State 2022 LiveLaw (AB) 151 Ram Yagya And Others v. State of U.P. 2022 LiveLaw (AB) 152 Kheem Singh Bora @ Matrey @ Prakash @ Rajan @ Vijaypahru v. State Of U.P. Thru A.T.S. Lucknow 2022 LiveLaw (AB) 153 Sandeep Mittal v. State of U.P. and Another and connected matter 2022 LiveLaw (AB) 154 M/S. Shree Ram Engineering Works Versus Commissioner Of Commercial Tax U.P. Lucknow 2022 LiveLaw (AB) 155 M/s Tirupati Stationary Pvt. Ltd v. State of U.P. 2022 LiveLaw (AB) 156 State of U.P. v. Swami Sachichidanand Har Sakchhi And Others 2022 LiveLaw (AB) 157 Judgments/Orders of the Week 1. Courts Can't Dictate Landlords In What Manner They Should Live Or Prescribe A Residential Standard For Them: Allahabad High Court Case title - Gopal Krishna Shankdhar @ Krishna Gopal Shankdhar v. Shri Manoj Kumar Agarwal And 2 Others Citation: 2022 LiveLaw (AB) 142 The Allahabad High Court observed that in rent disputes, it is no concern of the Courts to dictate to the landlord how, and in what manner, he/she should live or prescribe for him/her a residential standard of their own. Referring to the Apex Court's ruling in the case of Prativa Devi (Smt.) Vs. T.V. Krishnan 1996 (5) SCC 353, the Bench of Justice Rohit Ranjan Agarwal also stressed that the landlord is the best judge of his residential requirement and that there is no law that deprives the landlord of beneficial enjoyment of his/her property. 2. Tandav Web-Series Row: Allahabad High Court Grants Pre-Arrest Bail To Amazon Prime Video Head Aparna Purohit Case title - Aparna Purohit v. State of U.P. and Another Citation: 2022 LiveLaw (AB) 143 The Allahabad High Court granted final anticipatory bail to Amazon Prime Video head Aparna Purohit who is facing an FIR registered in Lucknow, for allegedly depicting Hindu gods in a bad light in the web series Tandav. The Bench of Justice Krishan Pahal considered the overall facts and circumstances of the case and consequently, came to the conclusion that the applicant deserved to be granted anticipatory bail. 3. Matrimonial Case Can't Be Transferred On Gound Of Distance/ Financial Stress If Plea U/S 24 HMA Has Already Been Allowed: Allahabad HC Case title - Smt. Shalinee Dubey @ Radhika Dubey v. Abhishek Tripathi @ Gopal Case Citation: 2022 LiveLaw (AB) 144 The Allahabad High Court observed that once an application under S. 24 of the Hindu Marriage Act, 1955 [Maintenance pendente lite and expenses of proceedings] has been allowed and uninterrupted litigation expenses are being paid to a party to a matrimonial dispute, he/she cannot move transfer application on the ground of distance and financial stress. The Bench of Justice Neeraj Tiwari observed thus as it took into account the decision of the Supreme Court in the case of Abhilasha Gupta vs. Harimohan Gupta 2021 9 SCC 730, wherein the Apex Court had taken the view that once the application under Section 24 of Act, 1955 is allowed and the particular matrimonial dispute is at the verge of the final decision, the transfer application can't be allowed. 4. Departmental Inquiry Against Govt Servant Can't Be Made A Casual Exercise: Allahabad High Court Case title - State Of U.P. Through Secretary Revenue And 4 Others v. State Public Service Tribunal And 4 Others Case Citation: 2022 LiveLaw (AB) 145 The Allahabad High Court has said that a departmental inquiry against a government servant is not to be treated as a casual exercise and the principles of natural justice are required to be observed so as to ensure not only that justice is done but is manifestly seen to be done. The Bench of Justice Yogendra Kumar Srivastava observed thus as it upheld an order of the UP State Public Services Tribunal, Lucknow setting aside the order of punishment passed by the State of UP against respondent no. 2 (deceased govt employee). 5. Long Period Of Incarceration Coupled With No Possibility To Conclude Trial In Near ...

Allahabad High Court Weekly Round Up: March 28 To April 3, 2022

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