'Tejo Mahalaya' Temple Claim: Allahabad High Court Issues Notice To Centre, ASI On Plea Against Agra Court's Refusal For Taj Mahal Survey

The Allahabad High Court today issued notice to Centre and the Archaeological Survey of India (ASI), seeking their responses on a plea challenging an Agra Court order refusing survey of Taj Mahal.A bench of Justice Rohit Ranjan Agarwal passed the order after hearing Advocate Hari Shankar Jain, appearing for the petitioner who claims that the world-famous monument is actually an ancient Hindu temple named "Tejo Mahalaya", dedicated to Lord Shiva.For context, Agra Court had refused to appoint an...

Stamp Duty | Collector's Spot Inspection Without Notice To Party Doesn't Invalidate Proceedings If No Prejudice Caused: Allahabad High Court

The Allahabad High Court has held that a spot inspection conducted by the District Magistrate in stamp duty deficiency proceedings without issuing notice to the party is an irregularity, and not an illegality, where no prejudice is caused to the party. The Court held that under Rule 7(3) of the U.P. Stamp (Valuation of Property) Rules, 1997, it is not mandatory for the Collector to conduct...

Permanent Lok Adalat's Mere Observation That 'Conciliation Was Attempted But Failed' Not Legally Sufficient: Allahabad High Court

The Allahabad High Court has held that Permanent Lok Adalat's mention of 'conciliation attempted but failed' is a general reference which is not legally sufficient as per the judgment of the High Court in Manager Life Insurance Corporation of India, Basti vs. Permanent Lok Adalat, Basti and others. In Manager Life Insurance Corporation of India, Basti vs. Permanent Lok Adalat, Basti and...

S.313 CrPC | Viscera Report Not Put To Accused Cannot Be Relied Upon: Allahabad High Court Sets Aside 1989 Murder Conviction

The Allahabad High Court has categorically ruled that a viscera report cannot be relied upon to secure a conviction if the report was never specifically put before the accused during their examination under Section 313 CrPC. A Bench of Justice Siddhartha Varma and Justice Jai Krishna Upadhyay clarified that merely questioning an accused with regard to poison being administered to the deceased would be insufficient if the primary scientific evidence (the viscera report) is withheld from...

State Can't Claim Land Is Pond Without Challenging 113 Years Old Sale Deed, Decades-Old Abadi Entries: Allahabad High Court

While dealing with a writ petition seeking No Objection Certificate for construction of a hotel on the land in question, the Allahabad High Court held that the land cannot be claimed as 'pond' without challenging the sale deed for the land which was made 113 years ago. While the Municipal Corporation, Varanasi pleaded that the land was a pond in Fasli year 1291, corresponding to 1884...

Lucknow Fire Tragedy | Loss Of Lives Was Preventable: High Court Flags Inaction Of Authorities, Regulatory Failures; Seeks Safety SOP

Authorities spring into action after tragedies, but their 'promptness soon dies', and fresh incidents happen, said the Allahabad High Court

Unbridled Discretion: Why Allahabad High Court Wants Software-Based, QR Code-Enabled Caste Certification In UP

Such a system would do away with the "unwanted and unbridled discretion" currently left with the executing authorities : HC Said

Taj Mahal Is 'Tejo Mahalaya' Temple: Plea In High Court Against Agra Court's Refusal To Appoint Advocate-Commissioner For Survey

A petition has been filed before the Allahabad High Court challenging an order of the Agra Court refusing to appoint an Advocate-Commissioner to conduct inspection, photography, and videography of the Taj Mahal. The petition has been filed on behalf of the deity, "Lord Sri Agreshwar Mahadev Nagnatheswar Virajman," through next friend, Advocate Hari Shankar Jain, along with...

Senior Citizens Act Can't Be Invoked To Decide Title Dispute Unless Transfer Is Challengeable Under Section 23: Allahabad High Court

The Allahabad High Court has held that Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot be invoked to decide title disputes which fall beyond the scope of the provision. It held that unless the conditions provided in Section 23 are met, title disputes cannot be decided by the Tribunal under the Act. For context, Section 23 allows senior citizens to...

No Matter What SC Says, Police Act On Their Own Whims: Allahabad High Court Orally Slams Cop For Ignoring 'Satender Antil' Verdict

The Allahabad High Court (Lucknow Bench) today came down heavily on the police machinery for blatantly flouting Supreme Court guidelines on arrest, orally remarking that police officers have “nothing to do with reading and studying” the law and choose to act entirely on their own whims. A bench of Justice Rajesh Singh Chauhan and Justice Divesh Chandra Samant made the oral...

Allahabad High Court Refuses To Intervene In UP ATS Probe Into Funding Of 4,000+ Unaided Madrassas

The Allahabad High Court on Wednesday refused to interfere with the Uttar Pradesh Anti Terrorist Squad's probe into the funding of more than 4,000 unaided madrassas being run in the state.A bench of Justice Neeraj Tiwari and Justice Vivek Saran dismissed a petition moved by the Madrasa Management Committee and the Teachers' Association, Madrasas Arabia.For context, the petitioners had sought...

S. 362 CrPC No Bar To Altering Bail Conditions: Allahabad High Court Revokes 'Onerous' ₹64 Lakh Deposit Condition After 12 Yrs

The Allahabad High Court has ruled that the statutory bar under Section 362 CrPC (Court not to alter judgment) does not apply to the modification or relaxation of conditions imposed in a bail order. "…an order granting bail is a merely an interlocutory order and it would not fall withing the scope and ambit of the phrase 'a judgment or final order disposing of a case' used in...