Allahabad High Court Weekly Round-Up: January 22 To January 28, 2024

NOMINAL INDEX Manmeet Singh vs. Union of India and others 2024 LiveLaw (AB) 38 Jaishree and Another vs. State Of U.P. And 3 Others 2024 LiveLaw (AB) 39 Ajay Singh v. University Of Allahabad And Another 2024 LiveLaw (AB) 40 Anupam Singh vs. State Of U.P. Thru. Prin.Secy. Home And Anr 2024 LiveLaw (AB) 41 Indu Bhushan Pandey vs. State Of Up Thru Prin Secy Dept Of Energy And 2 Others 2024 LiveLaw (AB) 42 Bhola Das vs. State of UP 2024 LiveLaw (AB) 43 Sushil Kumar Mishra vs. State Of U.P. And Another 2024 LiveLaw (AB) 44 Kamlesh Devi And Another vs. State Of U.P. And 2 Others 2024 LiveLaw (AB) 45 Kamal vs. State Of U.P Thru. Secy. Home, Lko. And Another 2024 LiveLaw (AB) 46 M/S Garg Enterprises vs. State Of U.P. And 2 Others 2024 LiveLaw (AB) 47 Chandrajeet Kumar Gond vs. High Court Of Judicature At Allahabad And Another 2024 LiveLaw (AB) 48 M/S Primeone Work Force Pvt. Ltd. Thru. Its Auth. Signatory Alok Kumar v. Union Of India Thru. Secy. Ministry Of Finance (Deptt. Of Revenue) New Delhi And Others 2024 LiveLaw (AB) 49 M/S Ashoka P.U. Foam (India) Pvt. Ltd. vs. State Of U.P. And 3 Others 2024 LiveLaw (AB) 50 M/S Royal Sanitations vs. Commissioner Of Commercial Tax 2024 LiveLaw (AB) 51Murli Packers Through Its Proprietor Rakesh Kumar Jain vs. State Of U P Through Secretary, Institutional Finance And 2 Others 2024 LiveLaw (AB) 52 ORDERS/JUDGMENTS OF THE WEEK RBI Mute Spectator, Allowing Banks To Arbitrarily Charge Very High Rate Of Interest Despite Guidelines: Allahabad High Court Case Title: Manmeet Singh vs. Union of India and others 2024 LiveLaw (AB) 38 [WRIT - C No. - 22011 of 2023] Case Citation: 2024 LiveLaw (AB) 38 The Allahabad High Court has expressed surprise on how despite guidelines issued by the Reserve Bank of India, banks are being allowed to charge higher rates of interest from their customers. While dealing with a case regarding higher interest rate charged by Standard Chartered Bank without informing the petitioner, the bench comprising Justice Mahesh Chandra Tripathi and Justice Prashant Kumar observed, “Surprisingly, RBI had been issuing guidelines but has done nothing for the implementation of the same. They have just been a mute spectator allowing the banks to charge arbitrarily a very high rate of interest.” Writ Of Habeas Corpus At Husband's Behest Seeking Wife's Return Not Available As A Matter Of Course: Allahabad High Court Case title - Jaishree and Another vs. State Of U.P. And 3 Others 2024 LiveLaw (AB) 39 [HABEAS CORPUS WRIT PETITION No. - 1041 of 2023] Case citation: 2024 LiveLaw (AB) 39 In an important assertion, the Allahabad High Court said that given the other remedies available for the purpose, under criminal and civil law, the exigence of a writ of habeas corpus at the behest of a husband to regain his wife would be rare and may not be available as a matter of course. A bench of Justice Yogendra Kumar Srivastava emphasized that such a writ may not be readily available and should only be exercised in exceptional circumstances when a compelling case is presented. “In a situation where the husband seeks to assert that the wife, without reasonable cause, is refusing to return to her matrimonial home, it would be open for him to seek the remedy of restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955,” the Court added. Eligibility Rules Changed Post Commencement Of Selection Process: High Court Directs Allahabad University To Compensate Candidate Declared Ineligible Case Title: Ajay Singh v. University Of Allahabad And Another [WRIT - C No. - 17412 of 2023] Case Citation: 2024 LiveLaw (AB) 40 The Allahabad High Court directed the University of Allahabad to pay a cost of Rs. 50,000 to a candidate who was otherwise eligible if the criteria had not been changed subsequent to the closure of registration forms. In a petition filed by a candidate seeking admission in second post graduate course in the University of Allahabad, Justice Ashutosh Srivastava held that since the eligibility criteria was changed after the petitioner had already applied, he cannot be non-suited for failing to meet the changed criteria. Production Of Defence Witness | Power Of Court Vs Right Of Accused: Allahabad High Court Explains Scope Of Sections 311 & 233 CrPC Case title - Anupam Singh vs. State Of U.P. Thru. Prin.Secy. Home And Anr 2024 LiveLaw (AB) 41 [CRIMINAL REVISION No. - 794 of 2018] Case Citation: 2024 LiveLaw (AB) 41 The Allahabad High Court explained the difference between the scope of Section 311 CrPC [Power to summon material witness, or examine person present] and Section 233 CrPC [Entering upon defence] concerning the production of defence witnesses during the trial. “Under section 311 CrPC, the power lies in the courts only and under section 233 CrPC, the right lies with the accused and the ...

Allahabad High Court Weekly Round-Up: January 22 To January 28, 2024

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