'Disturbing State Of Affairs': Allahabad High Court Questions Remission To Life Convict After Serving Less Than 6 Years

The Allahabad High Court has expressed grave concern regarding the grant of remission to a convict sentenced to life imprisonment for murder, who was released after serving only 5 years, 10 months, and 18 days of his sentence. A bench of Justice Ajay Bhanot and Divesh Chandra Samant termed it as a "disturbing state of affairs". The Court further sought a personal affidavit from the Principal Secretary (Home), Uttar Pradesh, disclosing the criteria and the basis on which such remission...

Muslim Husband Can Seek Family Court Declaration Of Divorce, If Talaq Is Undisputed: Allahabad High Court

The Allahabad High Court has held that Family Court can grant a declaration of divorce /Talaq under Section 7 of the Family Courts Act, 1984 even if the Talaq is under Muslim Personal Law and is uncontested by the parties or anyone else. The bench of Justice Alok Mathur and Justice Syed Qamar Hasan Rizvi held,“when the Court of learned Additional Principal Judge, Family Court, Lucknow...

Death Of Weaver Can't Be Ground To Deny Housing Colony Quarter To His Widow, Weaving Is A Hereditary Art: Allahabad High Court

The Allahabad High Court has held that once the Government has itself decided to transfer quarters in a weavers' colony to the occupant-weavers in possession, the death of the weaver cannot be a ground to deny the same rights to his widow. Observing that weaving in India is a hereditary art passed on to the next generation, the Court held that the family of a weaver cannot be displaced from the colony upon the death of the head of the family.The bench of Justice Ajit Kumar and Justice Indrajeet...

S. 34 IPC | Proof Of 'Prior Concert' Essential To Convict With Aid Of 'Common Intention': Allahabad High Court Acquits Man In 1987 Murder Case

The Allahabad High Court has held that a conviction under Section 34 IPC (Common Intention) is legally unsustainable unless the court reaches a definite conclusion that the accused acted in "prior concert" and pursuant to a prearranged plan. A bench of Justice JJ Munir and Justice Vinai Kumar Dwivedi made these observations while acquitting the accused-appellant (Laddan) in a murder case dating back to 1987. With this, the Court set aside a 1990 judgment by an Additional Sessions...

Failure To Explain Wife's Death In Home Completes Chain Of Guilt: Allahabad High Court Affirms Murder Conviction Of Husband, In-Laws

The Allahabad High Court recently observed that if a woman dies an unnatural death within the four walls of her matrimonial home and a strong chain of circumstantial evidence points to the guilt of the accused, the burden lies upon the inmates of the house to explain the circumstances of her unnatural death under Section 106 Evidence Act. A bench of Justice JJ Munir and Justice Saurabh Srivastava added that if the accused fails to offer a cogent explanation for a fact that is...

Reliable Testimony Of Witness Cannot Be Discarded Solely Over Relationship With Victim: Allahabad High Court Affirms Murder Conviction

The Allahabad High Court last week affirmed that the testimony of eyewitnesses who are close family members of the victim of the crime cannot be discarded solely on account of their relationship with the victim. The Court added that a close relative is a natural witness who would normally be most reluctant to spare the real culprit and falsely implicate an innocent one A division bench of Justice JJ Munir and Justice Vinai Kumar Dwivedi made these observations while dismissing a...

Registration Act | Presence Of Buyer & Seller Not Mandatory For Registration Of Sale Deed In Uttar Pradesh : Allahabad High Court

The Allahabad High Court has held that the presence of the buyer or the seller is not mandatory at the time of execution and registration of a sale deed in Uttar Pradesh, as Section 32A of the Registration Act, 1908, as applicable in the State, is different from the provision contained in the Central Act.Section 32A of the Central Act requires every person presenting a document for...

Police On Pandemic Duty Are 'COVID Warriors': Allahabad High Court Orders ₹50 Lakh Ex-Gratia For Head Constable's Widow

The Allahabad High Court has ruled that police department personnel deployed for the prevention and control of COVID-19, as well as for spreading public awareness and helping infected persons, are fully entitled to be treated as "COVID Warriors" under the State's welfare scheme. A bench of Justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary passed the order while directing the Uttar Pradesh government to release ₹50 lakh ex gratia compensation in favour of the widow of a Head...

'Highly Disrespectful' To Past Order: High Court Summons Top Secy Over Failure To Fill 'UP Minorities Commission' Vacancies Since 2024

The Allahabad High Court on Monday summoned the Additional Chief Secretary of the Minorities Welfare Department, Uttar Pradesh, to explain the State's continuous failure to appoint the Chairman and Members of the Uttar Pradesh Commission for Minorities, whose previous tenure ended in 2024. Taking strong exception to the State's conduct, a bench of Justice Rajan Roy and...

Suit For Redemption Of Mortgage Sold Pursuant To Award Under UP Co-operative Societies Act Barred U/S 111(d): Allahabad High Court

The Allahabad High Court has held that a civil suit seeking redemption of a mortgaged property which has already been sold pursuant to an award passed under the UP Co-operative Societies Act, 1965 is barred under Section 111(d) of the Act, as the relief cannot be granted without interfering with the award.Section 111 of the UP Co-operative Societies Act, 1965 bars the jurisdiction of civil...

Electricity Workers Supplying Power To Hospitals, Oxygen Plants Are 'COVID Warriors': Allahabad High Court Orders ₹50 Lakh Ex-Gratia

The Allahabad High Court recently reiterated that a "myopic interpretation" cannot be given to COVID-Duty so as to confine it only to persons specially assigned to discharge their duties in the treatment of people in hospitals. The bench thus held that essential service workers, such as electricity department employees who ensured uninterrupted electricity supply to hospitals and...

Shariat Law Allowing Marriage At Puberty Violates POCSO; Prohibition On Child Marriage Applies To All Religions: Allahabad High Court

The Allahabad High Court has held that the Shariat/Muslim Personal Law permitting puberty as the competent age for a girl to marry runs clearly in the teeth of the Prohibition of Child Marriage Act, 2006, as well as the POCSO Act. A bench of Justice JJ Munir and Justice Achal Sachdev further observed that the age of marriage, for every citizen of the country, irrespective of religion,...