Allahabad High Court
Allahabad High Court Orders FIR Against LoP Rahul Gandhi On Plea Alleging British Citizenship
In a significant order, the Allahabad High Court (Lucknow Bench) today directed the lodging of a First Information Report (FIR) and investigation against the Leader of Opposition (LoP) Lok Sabha Rahul Gandhi in connection with a BJP Worker's petition over his alleged British Citizenship.A bench of Justice Subhash Vidyarthi thus set aside an order of a Lucknow Court refusing to order an FIR against Gandhi. A detailed order of the High Court is awaited.It may be noted that in...
'Deplorable': Allahabad High Court On Detention Order Passed After 10 Months Of Arrest, Without Application Of Mind
While dealing with a Habeas Corpus petition seeking release of detenue who had been in detention since 2024 but the detention order was passed after 10 months in 2025 without proper satisfaction being recorded, the Allahabad High Court observed that the state of affairs of criminal justice system was deplorable and needed to be looked into by the Government in public interest. Noting that no satisfaction was recorded in the detention order to show application of mind, the bench of Justice...
Father Forcibly Taking Custody Of Child Not 'Illegal Detention' Unless It Is In Violation Of Court Order: Allahabad High Court
The Allahabad High Court has observed that a father, being a natural guardian of a Hindu Minor, cannot be said to 'illegally detain' a child even if he forcibly takes the custody from the mother, unless such an act is in violation of an order of a Court.A bench of Justice Anil Kumar-X thus dismissed the mother's habeas corpus petition as non-maintainable. The petitioner had claimed that her estranged husband (respondent) forcibly took away their two minor children at gunpoint in 2022 and...
Evidentiary Value Of Handwriting Expert's Report Will Depend On Facts And Circumstances Of Each Case: Allahabad High Court
The Allahabad High Court has held that the evidentiary value of report of handwriting expert depends on facts and circumstances of each case.Justice Vikram D. Chauhan held“In disciplinary proceedings, the question to be probed is targeted towards finding as to whether the employee is guilty of misconduct as would merit punishment. The standard of proof is based on preponderance of probability. It will depend on the facts and circumstances of each case, which are sufficient for the employee to be...
Birth Certificate Issued Under Registration Of Births And Deaths Act Binding Unless Cancelled Or Forgery Is Proved: Allahabad High Court
The Allahabad High Court has held that the birth certificate issued under Registration of Births and Deaths Act, 1969 is valid and binding unless it is cancelled or forgery of the same is proved. While dealing with a case of admission in class VI, Justice Siddharth Nandan held “unless and until, a document which has been issued under a statutory provision, is either cancelled or an element of forgery is proved, it shall have a binding effect on the authorities; and it is not within the domain of...
UP Gangsters Act | 'Thinks Small Of Law': Allahabad HC Seeks DM's Explanation For Skipping Mandatory Joint Meeting
The Allahabad High Court recently slammed Mirzapur District Magistrate Pawan Kumar Gangwar for skipping a mandatory joint meeting required to approve a gang chart under the UP Gangsters Rules, 2021. Taking serious note of his absence, a bench of Justice JJ Munir and Justice Tarun Saxena remarked that, prima facie, the officer "thinks small of the law and does not at all care about it, as often happens with educated laymen." The Court has now called for his personal explanation over the issue....
'Youth Thrusting Religion On Others A Disturbing Trend': Allahabad HC Denies Relief To School Girl In Anti-Conversion FIR
The Allahabad High Court today refused to quash an FIR lodged against 2 class XII Students accused and booked under the UP Anti-Conversion Law for allegedly forcing their classmate to wear a burqa and attempting to convert her to Islam.In its 11-page order, a bench of Justice JJ Munir and Justice Tarun Saxena also took note of the 'disturbing trend' of young people 'thrusting'...
Advocates Act | Only Enrolled Advocates Can Practise Law; Power Of Attorney Holders Can't Plead As A Matter Of Right: Allahabad HC
The Allahabad High Court has categorically held that a person, even if holding a Power of Attorney, cannot appear and plead as a pleader or attorney for and on behalf of litigants as a matter of right in defiance of the provisions of the Advocates Act, 1961. Referring to Sections 29 and 33 of the Advocates Act 1961, a bench of Justice Vinod Diwakar effectively held that only...
No Person Can Demand Investigating Officer Of Their Choice Or From A Specific Caste Or Community: Allahabad High Court
The Allahabad High Court has observed that no person can seek a direction that the Investigating Officer in a particular case must be of his own choice or that he must belong to a specific caste or community.Stating that such demands are impermissible under law, a bench of Justice Abdul Shahid stayed the criminal proceedings in an SC-ST Act case in which the complainant sought a fresh...
Allahabad High Court Grants Bail To Man Accused Of Operating Fake Embassy, Posing As 'Consul'
The Allahabad High Court recently granted bail to a 49-year-old man accused of operating a fake embassy in Ghaziabad and running a 'Consulate' while claiming himself to be a 'Royal Advisor'.Considering the fact that a charge sheet has been filed and further custodial interrogation of the accused is not required, a bench of Justice Ashutosh Srivastava granted bail to the applicant,...
Advocate Can't Become A PIL Petitioner To Advance Cause Of Clients; May Amount To Professional Misconduct: Allahabad HC
The Allahabad High Court recently observed that an advocate who is approached by his clients for redressal of the grievance cannot be permitted to become a petitioner and file a Public Interest Litigation (PIL) plea advancing the cause of his clients.Noting that this conduct may amount to professional misconduct, a bench of Chief Justice Arun Bhansali and Justice Kshitij Shailendra dismissed...
Access To Electricity A Fundamental Right U/Art 21: Allahabad HC Comes To Aid Of Daughter-In-Law Seeking Power Connection
Stressing that securing an electricity connection is a Fundamental Right guaranteed under Article 21 of the Constitution of India, the Allahabad High Court recently directed state authorities to process an application filed by a daughter-in-law for a new domestic connection amidst a matrimonial dispute. A bench of Justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary passed the order on...