Allahabad High Court Weekly Round-Up: May 6 – May 12, 2024

NOMINAL INDEX Aniket Dixit vs. State of U.P. 2024 LiveLaw (AB) 285 Rafique Ansari vs. State of U.P. and Another 2024 LiveLaw (AB) 286 Baba Global Limited v. Director Rajya Krishi Utpadan Mandi Parishad And Others 2024 LiveLaw (AB) 287 Mohd. Asgar Ali v. Union Of India Through Home Secy. and others 2024 LiveLaw (AB) 288 State of U.P. vs. Hirdai Narain And Others 2024 LiveLaw (AB) 289 Ram Surat vs. State Of U.P. And 9 Others 2024 LiveLaw (AB) 290 State of U.P. vs Nath Construction And Another 2024 LiveLaw (AB) 291 Union Of India Through Garrison Engineer vs Ms. Satendra Nath Sanjeev Kumar Architect, Contractors/Builders, Civil Engineers, And Colonisers 2024 LiveLaw (AB) 292 Raunak Mishra v. Banaras Hindu University And 2 Other 2024 LiveLaw (AB) 293 Abbas Ansari vs. Directorate Of Enforcement, Allahabad 2024 LiveLaw (AB) 294 Man Singh vs. State of U.P and connected petitions 2024 LiveLaw (AB) 295 Sehrun Nisha v. State Of Up And 3 Others 2024 LiveLaw (AB) 296 ORDERS/JUDGMENTS OF THE MONTH Allahabad HC Grants Bail To Suicide Abetment Accused In Custody For 6+ Years, Directs Trial Conclusion By Aug 31 Case title - Aniket Dixit vs. State of U.P. 2024 LiveLaw (AB) 285 Case Citation: 2024 LiveLaw (AB) 285 The Allahabad High Court recently granted bail to a student (accused of abetting suicide) who spent over 6 years in custody without conclusion of trial. The Court also slammed the State Police Sub Inspector for being non-cooperative in the early conclusion of the trial. A bench of Justice Rahul Chaturvedi further directed the trial Judge to conclude the trial by 31st August 2024; otherwise, the Court added, an adverse inference would be drawn against the Presiding Officer. 'Sets A Perilous Precedent': Allahabad HC On Non-Execution Of 100+ NBWs Against Meerut MLA In A Criminal Case Case title - Rafique Ansari vs. State of U.P. and Another 2024 LiveLaw (AB) 286 [APPLICATION U/S 482 No. - 8390 of 2024] Case citation: 2024 LiveLaw (AB) 286 The Allahabad High Court denied relief to Meerut MLA Rafiq Ansari in a 1995 case, noting that the Samajwadi Party leader failed to appear in Court despite the issuance of 100+ non-bailable warrants between 1997 and 2015. "...non execution of non-bailable warrant against the sitting MLA and allowing him to participate in assembly session sets a perilous and egregious precedent", observed a bench of Justice Sanjay Kumar Singh. License Fee Can't Be Imposed Retrospectively: Allahabad HC Directs Refund Of Deposit For Authorities' Failure To Impose Penalty For Almost 20 Yrs Case Title: Baba Global Limited v. Director Rajya Krishi Utpadan Mandi Parishad And Others 2024 LiveLaw (AB) 287 [WRIT - C No. - 47105 of 2011] Case citation: 2024 LiveLaw (AB) 286 The Allahabad High Court directed the authorities to refund Rs. 26 lakhs once deposited by the petitioner pursuant to an interim by the High Court in another writ petition. The Court held that a license fee cannot be retrospectively charged from the licensee prior to the date of grant of license and any penalty that is sought to be imposed for want of license can only be imposed in due course following procedure of law. Allegations Of Irregularities In Disciplinary Proceedings Must Be Substantiated With Evidence: Allahabad High Court Case Title: Mohd. Asgar Ali v. Union Of India Through Home Secy. and others [WRIT - A No. - 4562 of 1998] Case citation: 2024 LiveLaw (AB) 287 While hearing a writ petition pending since 1998, the Allahabad High Court has held that by merely alleging irregularity during a disciplinary procedure, the petitioner cannot evade responsibility to show that prejudice has been caused to him. The Court held that the disciplinary proceedings cannot be set aside on mere apprehension or likelihood of causing prejudice to the delinquent employee. 1984 Attempt To Murder Case | Allahabad High Court Upholds Acquittal Of Accused In Absence Of Trial Court Records Case title - State of U.P. vs. Hirdai Narain And Others 2024 LiveLaw (AB) 289 Case Citation: 2024 LiveLaw (AB) 289 The Allahabad High Court upheld the acquittal of the sole living accused in a 1984 attempt to murder case after it received a report from the trial court that the entire papers of the record of the Sessions Trial have been weeded out and only original judgment was available on the record. This incident occurred in 1984, and the sole living accused was acquitted in March 1987. Subsequently, the State Government preferred an appeal to the HC that year. Allahabad High Court Dismisses With Cost PIL To Enforce Demolition Order Citing Suppression Of Pending Litigation Between Private Parties Case Title: Ram Surat vs. State Of U.P. And 9 Others 2024 LiveLaw (AB) 290 [PUBLIC INTEREST LITIGATION (PIL) No. - 29 of 2024] Case Citation: 2024 LiveLaw (AB) 290 The Allahabad High ...

Allahabad High Court Weekly Round-Up: May 6 – May 12, 2024

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Allahabad High Court Weekly Round-Up: May 6 – May 12, 2024

Sparsh Upadhyay

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