Allahabad High Court Weekly Round-Up: April 15 - April 21, 2024

NOMINAL INDEX Ram Pal Soni And Another v. State Of U.P. Thru. Prin.Secy. Finance And Ors. 2024 LiveLaw (AB) 237 Gurmeher Singh vs. State of U.P. and Another 2024 LiveLaw (AB) 238 Aman @ Vansh vs. State Of Up And 3 Others 2024 LiveLaw (AB) 239 Riyaz Alias Ovaisi vs. State of U.P. 2024 LiveLaw (AB) 240 State of Uttar Pradesh and Others v. Shri Raj Veer Singh 2024 LiveLaw (AB) 241 Union Of India Through Garrison Engineer AF v. M/S Yauk Engineers 2024 LiveLaw (AB) 242 Meena Anand vs. Directorate Of Enforcement Government Of India 2024 LiveLaw (AB) 243 Sapna @ Sapna Choudhary vs. State Of U.P. Thru. Prin. Secy. Home Lko. And Another 2024 LiveLaw (AB) 244 Maya Devi v. State of U.P. and others 2024 LiveLaw (AB) 245 Shreya Verma And 4 Others vs. State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 2 Others 2024 LiveLaw (AB) 246 Ramesh Chand Gupta @ Chandu vs. State Of U.P. And 4 Others 2024 LiveLaw (AB) 247 Dipak Kumar Agarwal vs. Assessing Officer And 4 Others 2024 LiveLaw (AB) 248 M/S Arvind Kumar Shivhare vs. Union Of India And Another 2024 LiveLaw (AB) 249 Owais Khan vs. State of U.P. and Another 2024 LiveLaw (AB) 250 Hotel President Through Its Partner / Proprietor And Another v. State Of Up And 2 Others 2024 LiveLaw (AB) 251 Sheel Mohan Bansal V. State Of U.P And 2 Others 2024 LiveLaw (AB) 252 ORDERS/JUDGMENTS OF THE MONTH S.17 (1A) SARFAESI Act | Jurisdiction Of DRTs Can't Be Solely Decided Based On Location Of Asset: Allahabad High Court Clarifies Case Title: Ram Pal Soni And Another v. State Of U.P. Thru. Prin.Secy. Finance And Ors. 2024 LiveLaw (AB) 237 [WRIT - C No. - 13556 of 2021] Citation: 2024 LiveLaw (AB) 237 The Allahabad High Court has held that jurisdiction of the Debt Recovery Tribunal to entertain application under Section 17 of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 cannot be based solely on the location of the secured asset. The bench comprising of Justice Jaspreet Singh and Justice Manish Mathur held that the DRT in whose jurisdiction part cause of action has arisen shall also have jurisdiction over applications under Section 17 of the SARFAESI Act. Moratorium U/S 14 IBC Applies Only To Corporate Debtor; Natural Persons Like Its Director Still Liable U/s 138 NI Act: Allahabad HC Case title - Gurmeher Singh vs. State of U.P. and Another 2024 LiveLaw (AB) 238 Case citation: 2024 LiveLaw (AB) 238 The Allahabad High Court has observed that the moratorium provisions contained in Section 14 of the Insolvency and Bankruptcy Code, 2016 prohibit the proceeding u/s 138/141 NI Act only against the corporate debtor and not against the natural persons like the directors of the company for their vicarious liability. A bench of Justice Arun Kumar Singh Deshwal observed thus while dismissing a plea moved by one Gurmeher Singh challenging the proceeding of a Complaint Case u/s 138 NI Act pending before Addl. Civil Judge (J.D.), Gorakhpur. Victim's False Depiction As A Minor Is Abuse Of Court Process: Allahabad HC Mandates Prompt Age Determination Report Filing In POCSO Cases Case title - Aman @ Vansh vs. State Of Up And 3 Others 2024 LiveLaw (AB) 239 [CRIMINAL MISC. BAIL APPLICATION No. - 2322 of 2024] Case citation: 2024 LiveLaw (AB) 239 In a significant ruling, the Allahabad High Court has directed that the police authorities/investigation officers must ensure that in every POCSO Act case, a medical report determining the victim's age is drawn up at the outset under the mandate of Section 164A of CrPC read with Section 27 of the POCSO Act, 2012 and the same is submitted to the Court without any delay. The Court directed thus while noting that the discrepancies in the victim's age in POCSO cases can substantially affect the rights and liberties of the accused. Allahabad High Court Grants Bail To Man Accused Of Abusing Lord Rama Considering His Unconditional Apology Case title - Riyaz Alias Ovaisi vs. State of U.P. 2024 LiveLaw (AB) 240 [CRIMINAL MISC. BAIL APPLICATION No. - 12653 of 2024] Case citation: 2024 LiveLaw (AB) 240 Considering his unconditional apology tendered in the police station, the Allahabad High Court granted bail to one Riyaz alias Ovaisi, who has been accused of abusing Lord Rama on Facebook. A bench of Justice Sameer Jain granted him the relief while noting that the accused does not have any prior criminal record and has been in custody since January 28, 2024. The Court also considered that all alleged offenses against him carry a maximum punishment of three years. Arbitral Award Can't Be Challenged U/S 47 CPC In Execution Proceedings: Allahabad High Court Imposes ₹5 Lakh Cost On State Case Title: State of Uttar Pradesh and Others v. Shri Raj Veer Singh [MATTERS UNDER ARTICLE 227 No. 6346 OF 2022] Case citation: 2024 LiveLaw (AB)...

Allahabad High Court Weekly Round-Up: April 15 - April 21, 2024

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