1. 'Muslim Women Act' 1986| Divorced Muslim Wife Entitled To Maintenance Beyond Iddat Period, Until She Re-Marries: Allahabad HC Case title - Zahid Khatoon vs. Nurul Haque Khan [FIRST APPEAL No. - 787 of 2022] Case Citation: 2023 LiveLaw (AB) 5 The Allahabad High Court has observed that as per Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a...
Case title - Zahid Khatoon vs. Nurul Haque Khan [FIRST APPEAL No. - 787 of 2022]
Case Citation: 2023 LiveLaw (AB) 5
The Allahabad High Court has observed that as per Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a divorced Muslim woman is entitled to receive maintenance from her former husband not just till the completion of the 'Iddat' period, but for the rest of her life until she remarries.
The bench of Justice Surya Prakash Kesarwani and Justice Mohd. Azhar Husain Idrisi observed thus while setting aside an order of the family court wherein a divorced Muslim woman was found entitled to maintenance only for the period of iddat.
2. Absconder/Proclaimed Offender Not Entitled To Anticipatory Bail: Allahabad High Court
Case title - Anand Shankar Pandey And 2 Others vs. State Of U.P And Another [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8536 of 2022]
Case Citation: 2023 LiveLaw (AB) 21
The Allahabad High Court has reiterated that a person against whom a warrant has been issued and, is absconding or concealing himself in order to avoid execution of warrants and proceedings under Section 82 of the Code have been initiated against him, is not entitled to the relief of anticipatory bail.
The bench of Justice Manju Rani Chauhan observed thus while denying anticipatory bail to three persons (father-in-law, mother-in-law, and wife of the deceased) accused of abetting the suicide of a man.
Case title - Brijeash Saurabh Mishra @ Brijesh Mishra vs. State Of U.P. Thru. Prin. Secy. Home Lko. And Another [APPLICATION U/S 482 No. - 216 of 2023]
Case citation: 2023 LiveLaw (AB) 32
The Allahabad High Court has observed that the right to cross-examine a witness is a right that may be denied only in exceptional circumstances or in such circumstances where the order sheet reveals that the other side/ party is habitual in seeking adjournments for one reason or another.
The bench of Justice Rajesh Singh Chauhan passed this order while setting aside an order of the trial court wherein the opportunity of cross-examination for the applicant (accused in a Gangster Act Case) of a prosecution witness was closed despite the fact that the applicant had moved an adjournment application on the ground that his counsel was busy in some other court.
Case title - Gyanendra Maurya @ Gullu vs. Union of India Thru Secy Ministry Social Justice and Empowerment, New Delhi and Others [CRIMINAL MISC. WRIT PETITION No. - 7522 of 2022]
Case Citation: 2023 LiveLaw (AB) 47
The Allahabad High Court has observed that it is not mandatory for the Investigating Officer to file a charge sheet in each and every case where an FIR has been lodged alleging the commission of offence under the SC/ST Act 1989.
The Bench of Justice Rajan Roy and Justice Sanjay Kumar Pachori further clarified that Section 4(2)(e) of the 1989 Act and Rule 7(2) of the SC-ST Act Rules 1995 only enjoins upon the IO to file such a charge sheet where, based on evidence collected during the investigation, the offence is made out.
Case title - Bitola @ Rinku vs. State Of U.P. And Another [CRIMINAL REVISION No. - 811 of 2022]
Case Citation: 2023 LiveLaw (AB) 53
The Allahabad High Court set aside an order of the Family Court rejecting the application of one Bitola (revisionist/wife) seeking maintenance from her Husband on the ground that she is staying away from her husband without any sufficient reason.
The bench of Justice Raj Beer Singh observed that the Family Court conducted the proceedings without being alive to the objects and reasons and the spirit of the provisions under Section 125 of CrPC and disregarded the basic canon of law that it is the sacrosanct duty of the husband to provide financial support to the wife, who is unable to maintain herself.
Case title - Chantara vs. State of U.P.
Case Citation: 2023 LiveLaw (AB) 55
"Since 75th Independence Day Celebrations, Government has marked Azadi-ka-Amrit Mahotsav terming it to be 'Amrit Kaal' with prospective vision in the welfare of citizens of the country, however, Police Administration feels more comfortable to remain with colonial structure," the Allahabad High Court observed recently while taking exception to a counter affidavit filed by the state in an anticipatory bail plea stating that the applicant is of criminal intent.
The bench of Justice Manju Rani Chauhan also took to task the deponent of the counter affidavit (Deputy Superintendent of Police/ Circle Officer, Sahawar, District Kasganj) by observing that the officer believed himself to be empowered with sanction to author a certificate of the propensity of a person without any cogent material.
"A bare reading of the averments in counter affidavit whereby the applicant is said to be of criminal intent appears to be on the basis of skewed information. No such officer is allowed to enjoy impunity on the pretext of discharging official functioning nor can be set free to form an audacious remark without any basis," the bench observed.
Case title - Suneeta Pandey vs. State Of U.P. And Another [APPLICATION U/S 482 No. - 39234 of 2022]
Case Citation: 2023 LiveLaw (AB) 57
The Allahabad High Court observed that a woman can not commit the offence of rape but if she facilitates the act of rape with a group of people then she may be prosecuted for 'Gang Rape' under Section 376D Of IPC in view of the amended provisions.
Perusing the provisions of Section 375 and 376 IPC (as amended by Act 13 of 2013 of the Indian Penal Code, 1860), the bench of Justice Shekhar Kumar Yadav rejected the argument that a woman cannot be prosecuted for the alleged commission of the offence of gang rape.
Case title - Minor 'X' Through His Guardian/Father, District Prayagraj vs. State of U.P. and Another [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11542 of 2022]
Case Citation: 2023 LiveLaw (AB) 60
The Allahabad High Court observed that a child in conflict with the law as per the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) can not file an application under Section 438 of CrPC seeking anticipatory bail.
"In case, the provisions of Section 438 Cr.P.C. are allowed to hold the field in the matters of juvenile, the aim and object of the Act shall be defeated. The interpretation of law cannot be devised in a way, so as to put a hurdle in the broader and solemn aim which is sought to be achieved by this enactment," the Court said.
Case title - Sandeep Kumar Mishra vs. State of U.P. along with a connected matter
Case Citation: 2023 LiveLaw (AB) 74
Observing that false implication in sexual offences is on a rise, the Allahabad High Court granted bail to two men accused of committing gang rape against a married woman while stressing that inordinate delay in lodging the FIR has to be considered at the time of adjudicating bail plea.
The bench of Justice Krishan Pahal further added that much water has flown down the Ganges since the Apex Court's opined in a 1983 case (Bharwada Bhoginbhai Hirjibhai vs. State of Gujarat) that no girl would foist a false case of sexual assault against any person to avoid being maligned in the non-permissive Indian society.
Case title - Aditya Raj Verma vs. State Of U.P. . And Another [CRIMINAL MISC. BAIL APPLICATION No. - 3077 of 2023]
Case Citation: 2023 LiveLaw (AB) 75
Granting bail to a man accused of raping his married live-in partner, the Allahabad High Court observed that it is difficult for a woman to live alone after breaking of live-in relationship.
Opining that Indian Society, at large, does not recognize such relationships as acceptable, the Court added that a woman, therefore, is left with no option but to lodge a first information report against her live-in partner, as it happened in the present case.
Case title - Maneesh Pathak vs. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 18536 of 2020]
Case Citation: 2023 LiveLaw (AB) 80
In a significant observation, the Allahabad High Court has said that it is impermissible to dismiss bail applications for non-prosecution on account of the absence of counsel as it is violative of the fundamental rights of the prisoners guaranteed under Article 21 of the Constitution of India.
The Court added that in such cases, an amicus curiae should be appointed to represent the applicant/prisoner and the matter be heard on merits.
Case title - Mohd. Abdul Khaliq Vs. State Of U.P. And Another [APPLICATION U/s 482 No. - 1743 of 2021]
Case Citation: 2023 LiveLaw (AB) 83
Stressing the importance of cows in Hinduism and the need to stop the practice of killing them, the Allahabad High Court hoped that the Central Government would take an appropriate decision to ban cow slaughter in the country and to declare the same as a 'protected national animal'.
The bench of Justice Shamim Ahmed also observed that since India is a secular country where we must have respect for all religions and in Hinduism, the belief and faith is that the cow is representative of divine and natural beneficence, and therefore, it should be protected and venerated.
Case title - U.P. Sr.Basic Shiksha Mahasha.U.P.Officer Shri N.P.M.Vidy.Raebareli Thru. President Ankur Chaudhari vs. State Of U.P. Thru. Addl. Chief/Prin. Secy. Basic Education U.P. Civil Secrt. Lko. And Others [PUBLIC INTEREST LITIGATION (PIL) No. - 178 of 2023]
Case Citation: 2023 LiveLaw (AB) 88
The Allahabad High Court has observed that the state is not bound to provide free textbooks and uniforms to all the students studying in unaided junior high schools being managed by private management.
The bench of Justice Devendra Kumar Upadhyaya and Justice Subhash Vidyarthi however added that the state and local authorities do have a duty to provide free textbooks and uniforms each year only to such students who are admitted in terms of the provisions of Section 12(1)(c) of the RTE Act, 2009.
Case title - Purushottam Chaudhary vs. Central Bureau Of Investigation Thru. The Superintendent Of Police Cbi/Acb Lko [APPLICATION U/S 482 No. - 1974 of 2023]
Case Citation: 2023 LiveLaw (AB) 92
The Allahabad High Court explained as to when a Proclamation under Sections 82, 83 CrPC be issued against a person to compel him to appear before the court be issued. The bench of Justice Rajesh Singh Chauhan decoded the procedure as laid down in the CrPC for the issuance of a proclamation, summons, and arrest warrants
Untangling the intricate procedure laid down in the Code of Criminal Procedure (CrPC) regarding the issuance of proclamation, the bench set aside a Non Bailable warrant and issuance of process under Section 82 of the CrPC against one Purushottam Chaudhary pertaining to a corruption case.
Case title - Saroj Kumari vs. State Of U.P. And 5 Others [WRIT - A No. - 2211 of 2023]
Case Citation: 2023 LiveLaw (AB) 100
The Allahabad High Court observed that the provisions of the Maternity Benefit Act 1961 allowing for the grant of benefits to a woman would be applicable even after the birth of the child.
The bench of Justice Ashutosh Srivastava also opined that a woman can avail of maternity leave even after the birth of the child and such benefit can even be extended in a case of legal adoption of a child or less than three months.
Case title - Om Prakash vs. State of U.P. and Another [APPLICATION U/S 482 No. - 8514 of 2023]
Case Citation: 2023 LiveLaw (AB) 104
The Allahabad High Court observed that the prosecution in heinous offences such as rape and molestation of minors, which are punishable under the POCSO Act can't be quashed based on the compromise between the victim and the accused.
The Court also opined that the endeavour of the Court in a matter involving such offence is to determine the truth of the allegations and that the purpose is not to persecute the accused nor is it to let him off, because his relations with the complainant have taken a happier turn.
Case title - Vishwanath vs. State Of U.P. Thru. Addl. Chief Secy. Deptt. Home, Lko [CRIMINAL MISC. BAIL APPLICATION No. - 3794 of 2023]
Case Citation: 2023 LiveLaw (AB) 106
The Allahabad High Court directed the State Government to issue directions orders to the Chief Medical Officers of the state regarding the preparation of postmortem reports or injury reports in typed format, which is legible.
The bench of Justice Brij Raj Singh issued this direction while granting bail to one Vishwanath, who has been accused of assaulting a victim, which resulted in his death. Pursuant to which, he was booked under Sections 323,504,506,304 IPC.
Case title - Shrey Singh vs. Union Of India And 9 Others [PUBLIC INTEREST LITIGATION (PIL) No. - 13 of 2021]
Case citation: 2023 LiveLaw (AB) 107
The Allahabad High Court directed the Bar Council Of India to take against the persons hosting websites which offer online law course without the approval of BCI.
The bench of Chief Justice (Designate) Pritinker Diwaker and Justice Saumitra Dayal Singh also asked the BCI to make appropriate recommendations to the Union of India to ensure that appropriate actions are taken to shut down such fraudulent websites.
Case title - Arvind Singh vs. State Of U.P. Thru. Secy. Home Deptt. [APPLICATION U/S 482 No. - 2613 of 2023]
Case Citation: 2023 LiveLaw (AB) 112
The Allahabad High Court recently cautioned the Trial Court against putting onerous surety conditions in bail matters which have no connection with the socio-economic status of the prisoner as it noted that the same would negate the order granting bail, and undermine the fundamental right of liberty of the prisoner guaranteed under Article 21 of the Constitution.
Stressing that the Constitution of India does not put a price tag on liberty, the bench of Justice Ajay Bhanot asserted that the purpose of sureties is dissuasive in intent, but unrealistic surety demands are punitive in effect.
Case title - XXX And Another vs. State Of U.P. Thr.Its Sec. Home U.P. And 3 Others [APPLICATION U/S 482 No. - 9901 of 2023]
Case Citation: 2023 LiveLaw (AB) 121
The Allahabad High Court observed that it is society's dark face that Indian families still feel shy to get their son or daughter married to someone from outside their caste.
The bench of Justice Rahul Chaturvedi observed thus while dealing with a joint plea filed by a woman (victim) and her husband (accused) seeking to quash the chargesheet filed against the accused under sections 363, 366 IPC, and Section 7/8 of the POCSO Act.
Case title - Moti Lal Yadav vs. State Of U.P. Thru. Prin. Secy. Deptt. Of Culture, Civil Secrt. Lko. And Others [PUBLIC INTEREST LITIGATION (PIL) No. - 210 of 2023]
Case Citation: 2023 LiveLaw (AB) 123
The Allahabad High Court has observed that if the State spends some money out of the taxes/revenue collected by it from the citizens for providing some conveniences or facilities to any religious denomination, the same will not be violative of Article 27 of the Constitution of India.
For context, Article 27 of the Constitution of India mandates that no person can be compelled to pay any taxes which can be utilized for payment of expenses for the promotion or maintenance of any particular religion or religious denomination.
Case title - Durvesh vs. State of U.P [CRIMINAL MISC. BAIL APPLICATION No. - 3215 of 2023]
Case Citation: 2023 LiveLaw (AB) 126
The Allahabad High Court recently called it a curse for a society that women are still subjected to occult (तांत्रिक) rituals to treat their infertility even before ascertaining that it might be a case of male infertility.
The bench of Justice Saurabh Shyam Shamshery observed thus while denying bail to an accused who, along with his family members, has been accused of giving repeated burn injuries to her bhabhi (brother's wife) purportedly on the directions of an occultist so as to treat her infertility.
"The mindset of applicant and co-accused who still believe in occultism to be a cure of female infertility even before ascertaining that it might be a case of male infertility, is of persons living in stone age and not in 21st Century, where science as developed to such extent that even infertility (of male or of female) may be medically cured, therefore, there is absolutely no case of bail at this stage," the Court observed.
Case title - Sanjay Verma vs. State Of U.P. And 3 Others [CRIMINAL MISC. WRIT PETITION No. - 10924 of 2019]
Case Citation: 2023 LiveLaw (AB) 129
Today, the Allahabad High Court quashed and set aside a 2019 order of the State Government by which a convict, who was granted a life imprisonment sentence in two criminal cases, was granted remission.
Observing that the convict (Man Singh) was not entitled to remission of the sentence as his case was covered by prohibition no. (x) of the State Government's remission policy, the bench of Justice Vivek Kumar Birla and Justice Surendra Singh-I directed the convict to surrender within 30 days and to undergo the remaining part of his sentence.
Case title - Vinod Bihari Lal vs. State of U.P. and another [APPLICATION U/S 482 No. - 36921 of 2019]
Case Citation: 2023 LiveLaw (AB) 131
The Allahabad High Court has clarified that violence in one form or the other is not a sine qua non for a group of persons to qualify as a 'gang' under Section 2(b) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.
Perusing Section 2(b) of the Act of 1986, the bench of Justice JJ Munir observed that the twin object of disturbing public order or gaining any undue temporal, pecuniary advantage etc. may be achieved through the practice of violence, threat or show of violence, or intimidation, or coercion, or otherwise.
Case title - Pappu vs. State Of U.P. And 3 Others [CRIMINAL MISC. BAIL APPLICATION No. - 7975 of 2023]
Case Citation: 2023 LiveLaw (AB) 134
The Allahabad High Court directed the 'Sarvadeshik Arya Pratinidhi Sabha', the apex body of the Arya Samaj, to introspect and issue guidelines to avoid solemnising marriages involving minors.
The Court also directed the 'Sabha' to counsel proposed couples so that they may not enter into any criminal act i.e solemnizing a marriage before reaching marriageable age.
Case title - Devendra Yadav And 7 Others vs. State of U.P. and Another [APPLICATION U/S 482 No. - 11043 of 2023]
Case Citation: 2023 LiveLaw (AB) 135
The Allahabad High Court held that an order issuing a summons to an accused for an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, can be challenged by way of filing an application under Section 482 of the Code of Criminal Procedure, 1973.
The bench of Justice Rahul Chaturvedi held so while referring to the Apex Court's ruling in the cases of Ramawatar Vs. State of Madhya Pradesh LL 2021 SC 589 and B Venkateswaran vs P Bakthavatchalam 2023 LiveLaw (SC) 14 wherein the Top Court had held that criminal proceedings arising out of SC/ST Act can be quashed invoking powers under Section 482 of CrPC.
Case title - Asif Ahmad Siddiqui vs. State of U.P. and Another [APPLICATION U/S 482 No. - 5500 of 2023]
Case Citation: 2023 LiveLaw (AB) 137
The Allahabad High Court observed that a Magistrate taking cognizance of an offence on the basis of a police report in terms of Section 190 (1)(b) of CrPC, can issue a summons to a person even on the basis of the statement under Section 164 CrPC, even though such a person is not arraigned as an accused in the police report or in the FIR.
The Bench of Justice Manju Rani Chauhan, however, clarified that before summoning persons upon taking cognizance of an offence, the Magistrate has to examine the materials available before him for coming to a prima facie conclusion that apart from those sent up by the police, some other persons are involved in the offence.
Case title - Ajay Diwakar vs. State Of U.P. And 3 Others along with connected bail pleas
Case Citation: 2023 LiveLaw (AB) 143
In a significant ruling, the Allahabad High Court has held that unless a minor victim denies explicitly the existence of physical relation, it can be presumed that the victim and accused, who lived as husband-wife or that they solemnised marriage, had established physical relation.
The Bench of Justice Saurabh Shyam Shamshery further held in those cases where the existence of a physical relationship between the minor victim and accused could be presumed, then a rape case could be made out as the fact of whether consent was given or not, is immaterial.
Case title - Udit Arya vs. State of U.P [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4560 of 2023]
Case Citation: 2023 LiveLaw (AB) 144
The Allahabad High Court has observed that a proclaimed offender is not barred from filing an Anticipatory bail application under section 438 of CrPC.
The bench of Justice Krishan Pahal further observed that neither Section 82 CrPC (Proclamation for person absconding) nor Section 438 CrPC imposes any restriction in the filing of the anticipatory bail application by the proclaimed offender.
In this regard, the bench also referred to the Apex Court's ruling in the case of Lavesh vs. State (NCT of Delhi) (2012) 8 SCC 730 to note that the Top Court had said the anticipatory bail application of the proclaimed offender should not be entertained normally.
Case title - Laxmi Devi And 3 Otrs. vs. State Of U.P Thru Principal Sec.(Civil Sec.) Lko. Nd 5 Otrs. [CIVIL REVISION No. - 114 of 2022]
Case Citation: 2023 LiveLaw (AB) 147
In a significant order, the Allahabad High Court has directed the Archaeological Survey of India (ASI) to conduct a scientific survey (using modern techniques) of the 'Shiva Linga' that has purportedly been found inside the Gyanvapi Mosque premises in Varanasi to ascertain its age.
The order was passed today by the bench of Justice Arvind Kumar Mishra-I while ALLOWING a revision plea moved by 4 women Hindu worshippers challenging the Varanasi Court's October 14 order wherein the court had rejected their plea for conducting a scientific probe of the 'Shiva Linga', to determine its age.
Case title - Kamal Singh vs. State of U.P. [CRIMINAL APPEAL No. - 1496 of 1995]
Case Citation: 2023 LiveLaw (AB) 152
The Allahabad High Court has observed that the mere use of a lethal weapon is sufficient to invoke the provisions of Section 307 and that it is not necessary to constitute the offence that the attack should result in an injury.
"An attempt is itself sufficient if there is requisite intention. An intention to murder can be gathered from circumstances other than the existence or nature of the injury," the bench of Justice Surendra Singh-I held.
With this, the bench upheld the conviction of accused-Kamal Singh in connection with a 32 year old attempt to murder case.
However, the Court reduced the sentence period awarded to him by Additional Sessions Judge, Mathura in 1992, from three years to two years rigorous imprisonment without modifying the fine imposed on him.
Case title - Ravindra Pratap Yadav vs. Asha Devi And Others [FIRST APPEAL No. - 405 of 2013]
Case Citation: 2023 LiveLaw (AB) 160
The Allahabad High Court dissolved the marriage between a couple on the ground of cruelty by observing that not allowing a spouse for a long time, to have sexual intercourse with his or her partner, without sufficient reason, itself amounts to mental cruelty to such spouse.
With this, the bench of Justice Suneet Kumar and Justice Rajendra Kumar-IV allowed the appeal filed by the Husband challenging a family court's order dismissing his divorce petition under Section 13 Hindu Marriage Act, 1955.
"Since there is no acceptable view in which a spouse can be compelled to resume life with the consort, nothing is given by trying to keep the parties tied forever to a marriage than that has ceased to in fact," the Court said as it quashed and set aside the order of the Principal Judge, Family Court, Varanasi.
Case title - Bhagwan Shrikrishna Virajman And 7 Others vs. U.P. Sunni Central Waqf Board And 3 Others [TRANSFER APPLICATION (CIVIL) No. - 88 of 2023]
Case Citation: 2023 LiveLaw (AB) 164
The Allahabad High Court transferred to itself all the suits pending before the Mathura Court praying for various reliefs pertaining to the Sri Krishna Janmabhoomi-Shahi Idgah Mosque dispute.
With this the Bench of Justice Arvind Kumar Mishra-I allowed the transfer application moved by Bhagwan Shrikrishna Virajman And 7 Others. In the operative part of its order, it observed thus:
"...looking to the fact that as many as 10 suits are stated to be pending before the civil court and also there 25 should be more suits that can be said to be pending and issue can be said to be seminal public importance affected the masses beyond tribe and beyond communities having not proceeded an inch further since their institution on merits for past two to three years, provides full justification for withdrawal of all the suits touching upon the issue involved in the suit from the civil court concerned to this Court under Section 24(1)(b) CPC"
Case title - Rajesh vs. State Of U.P. And 3 Others [CRIMINAL MISC. BAIL APPLICATION No. - 10336 of 2022]
Case Citation: 2023 LiveLaw (AB) 167
The Allahabad High Court observed that there has been an alarming and shocking increase in sexual offences committed against children.
Noting that all such sexual assaults are not reported and do not come to light, the bench of Justice Sanjay Kumar Singh added thus:
“…this is due to the reasons that children are ignorant of the act of the rape and are not able to offer resistance and become easy prey for lusty brutes who display the unscrupulous, deceitful and insidious art of luring female children and young girls.”
Case title - Md Sameer Rao vs. State Of U.P. And 2 Others [WRIT - C No. - 3671 of 2022]
Case Citation: 2023 LiveLaw (AB) 170
Stressing that the intimacy of human life and a person's name is undeniable, the Allahabad High Court said that the fundamental right to keep or change a name is vested in every citizen by virtue of Article 19(1)(a) and Article 21 of the Constitution of India.
The bench of Justice Ajay Bhanot observed thus while allowing a writ petition filed by one Sameer Rao challenging the action of the UP Board of High School and Intermediate Education rejecting the application filed by the petitioner praying to get his name changed in the High School and Intermediate examination certificates.
Case title - Ibran @ Sheru vs. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 18519 of 2023]
Case Citation: 2023 LiveLaw (AB) 172
The Allahabad High Court granted bail to an accused booked under the UP Prevention of Cow Slaughter Act by observing that the prosecution had not demonstrated with cogent evidence that the substance recovered was beef or beef products.
The bench of Justice Vikram D. Chauhan also said that merely possessing or carrying meat cannot amount to the sale or transport of beef or beef products as punishable under the Slaughter Act unless it is shown by cogent and sufficient evidence that the substance recovered is beef.
Case title - Kundan Yadav vs. State of U.P [CRIMINAL MISC. BAIL APPLICATION No. - 23297 of 2023]
Case Citation: 2023 LiveLaw (AB) 175
The Allahabad High Court has observed that mere possession of live cow/bullock or merely transporting cow within Uttar Pradesh would not amount to committing, abetting or attempting to commit an offence under the UP Prevention of Cow Slaughter Act 1955.
The bench of Justice Vikram D. Chauhan observed thus while granting bail to bail to one Kundan Yadav who was arrested in March this year in connection with the alleged recovery of 6 cows from a vehicle. He was booked under Sections 3/5A/5B/8 of the U.P. Prevention Cow Slaughter Act, 1964 and Section 11 Prevention to Animal Cruelty Act, 1960.
Case Title - Mohammad Zaid vs. tate of U.P. and Another along with connected matters 2023 LiveLaw (AB) 176
Case Citation: 2023 LiveLaw (AB) 177
The Allahabad High Court (Division Bench) recently held that a child in conflict with the law has an equal and efficacious right to seek his remedy of anticipatory bail under Section 438 CrPC like any other citizen but with the restrictions imposed in the said provision itself.
While answering a reference made by a single judge, the bench of Chief Justice Pritinker Diwaker and Justice Samit Gopal further held thus:
- Section 1(4) of the Act, 2015 does not exclude the application of Section 438 Cr.P.C. to a child in conflict with the law after the F.I.R. is registered against him as there is no provision contrary in the Act 2015 to the Cr.P.C. to make it inapplicable.
- A juvenile or a child in conflict with law can be arrested and/or apprehended if such a need arises, but he cannot be left remedy-less till the time of his arrest and/or apprehension. He can explore the remedy of anticipatory bail under Section 438 Cr.P.C. if a need arises. The remedy of bail under Section 12 of the Act 2015 can be invoked by a juvenile or a child in conflict with law at the appropriate stage.
- An inquiry is required to be conducted by the concerned Board for declaring a person as a juvenile and then extending the benefit of the beneficial legislation to him.
- The required enquiry under Section 14 and preliminary assessment into heinous offence under Section 15 of the Act 2015 where required can be done while the child in conflict with law is on anticipatory bail.
Case title - Aarfa Bano Thru. Mohd. Hasim vs. State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others [HABEAS CORPUS WRIT PETITION No. - 148 of 2023]
Case Citation: 2023 LiveLaw (AB) 182
The Allahabad High Court has observed that a Muslim father-in-law has no locus to file a habeas corpus plea seeking the presence/custody of his daughter-in-law.
With this, the bench of Justice Shamim Ahmed disposed of a Habeas plea filed by one Mohd. Hasim seeking custody of his daughter-in-law alleging that she is in illegal custody of her parents since 2021 and that they are not allowing her to go to her matrimonial house.
Case title - Rameshwar Lal Chauhan vs. State of U.P. 2023 LiveLaw (AB) 183 [CRIMINAL APPEAL No. - 6920 of 2017]
Case Citation: 2023 LiveLaw (AB) 183
The Allahabad High Court set aside a murder conviction on the ground that though the trial court relied upon the dying declaration of the deceased to convict the accused, the same was not put to the accused in his statement recorded under Section 313 CrPC seeking his explanation.
The bench of Justice Siddhartha Varma and Justice Manish Kumar Nigam observed that the accused could not explain a vital circumstance as he was never confronted with the incriminating material of the dying declaration, which formed the basis of the conviction.
Case title - Pankaj Khare vs. Union Of India Thru. Secy. Deptt. Of Custom And Cgst, Ministry Of Finance, New Delhi And Others [WRIT TAX No. - 148 of 2023]
Case Citation: 2023 LiveLaw (AB) 187
The Allahabad High Court has ordered the Commissioner, GST to issue clear direction to the GST Commissionerate in Lucknow that no notices regarding payment of service tax /GST are issued to the lawyers rendering legal service falling in the negative list so far as service tax is concerned.
The bench of Justice Alok Mathur and Justice Jyotsna Sharma directed thus while hearing a writ plea filed by an Advocate Pankaj Khare challenging a May 2023 order passed by Dy. Commissioner, CGST & Central Excise Div. Lucknow 1 thereby assessing him with regard to service tax and levying tax and interest of over Rs. 33 lakhs.
Case title - Mohd. Aarif Alias Aarif vs. State Of U.P. Thru. Prin. Secy. Home, Lko. And Another 2023 LiveLaw (AB) 192 [APPLICATION U/S 482 No. - 3922 of 2023]
Case Citation: 2023 LiveLaw (AB) 192
The Allahabad High Court observed that a Special POCSO Court can treat an application filed under Section 156 (3) CrPC as a complaint case under Section 190 (1) (a) CrPC.
The bench of Justice Suresh Kumar Gupta observed thus:
“Concludingly, I am of the view that the trial court has ample power to treat the application under Section 156 (3) CrPC as a complaint case, therefore, in the POCSO Act proceedings of complaint case can be launched, as in this regard a statutory provision under Section 33 of the POCSO Act already exists. As per Section 33 of the POCSO Act, a Special Court may take cognizance of any offence, without the accused being committed to it for trial, upon receiving a complaint of facts which constitute such offence, or upon a police report of such facts. Thus, on the perusal of the entire provisions of the POCSO Act, it appears that there is no bar for prosecution and cognizance in the matter related to the complaint under Section 190 (1) (a) CrPC”
The Court held thus while refusing to quash a summoning order issued against the Accused as well as proceedings in a POCSO Case pending before the Additional Sessions Judge/Special Judge (POCSO Act) Bahraich.
Case title - Dr R.B. Lal And 7 Others vs. State Of U.P. And 3 Others [CRIMINAL MISC. WRIT PETITION No. - 1634 of 2023]
Case Citation: 2023 LiveLaw (AB) 193
The Allahabad High Court recently refused to grant any relief to the VC of Allahabad's Sam Higginbottom University of Agriculture, Technology and Sciences (SHUATS), Dr Rajendra Bihari Lal and 7 others, in an FIR filed against them over the allegation of offering allurement to a man to convert to Christianity.
The bench of Justice Anjani Kumar Mishra and Justice Gajendra Kumar also said that prima facie, Sections 3 & 5 of the UP Prohibition of Unlawful Conversion of Religion Act, 2021 do not appear to be glaringly unconstitutional or ex facie unconstitutional.
Perusing the February 2023 FIR lodged in the case, the bench observed that the same contains direct allegations of allurement having been offered by Dr. Lal and 7 others to the first informant and, therefore, the Court added, such allegations, prima facie, constitute an offence under Section 3 of the Act.
Case title - Dr. Kartikeya Sharma And 2 Others vs. State of U.P. and Another [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 3107 of 2023]
Case Citation: 2023 LiveLaw (AB) 195
The Allahabad High Court observed that an anticipatory bail application moved by an accused can never be rejected on the ground that now a charge sheet has been filed in the matter or that the court concerned has taken cognizance of the offence.
Stressing that anticipatory bail can be granted at any time so long as the applicant has not been arrested, the bench of Justice Nalin Kumar Srivastava also observed thus:
“…even if the chargesheet is filed and cognizance is taken by the court against the accused, who has got an immunity from being arrested during the course of investigation either by way of order of a competent court protecting him by grant of anticipatory bail or by service of notice under Section 41-A Cr.P.C. by the Investigating Officer, anticipatory bail application moved by him is legally maintainable…”
Case title - Vinod Kumar Gupta And Another vs. Sri Veer Bahadur Yadav, S.D.M. And Another [SPECIAL APPEAL No. - 234 of 2023]
Case Citation: 2023 LiveLaw (AB) 198
The Allahabad High Court observed that an intra-court appeal is not maintainable against the order of the Single Judge declining to initiate contempt proceedings against the alleged contemnor.
The bench of Justice Sunita Agarwal and Justice Vikas Budhwar further held that no appeal is maintainable against dropping contempt proceedings against the contemnor under Section 19 of the Contempt of Courts Act, 1971, as the remedy lies under Article 136 of the Constitution of India before the Supreme Court.
Case title - Raj Kumar @ Rajenda Srivas And 3 Others vs. Mohd. Kaukab Azim Rizvi And Another 2023 LiveLaw (AB) 200 [MATTERS UNDER ARTICLE 227 No. - 5480 of 2023]
Case Citation: 2023 LiveLaw (AB) 200
The Allahabad High Court has observed that the photocopy of the sale deed cannot be accepted as surety for the purposes of Section 17 of the Provincial Small Causes Court Act, 1887 read with Section 145 of the Code of Civil Procedure 1908.
The bench of Justice Neeraj Tiwari noted that for the purposes of both the provisions, a surety should have been of the nature, which may be sold out as and when required and since, on the basis of the photocopy of the sale deed, no sale of the property can be made, therefore, such surety cannot be accepted.
Case title - Kiran Rawat And Another vs. State Of U.P. Thru. Secy. Home Lko. And Others [CRIMINAL MISC. WRIT PETITION No. - 3310 of 2023]
Case Citation: 2023 LiveLaw (AB) 201
While dismissing a plea filed by an interfaith live-in couple seeking protection against alleged harassment at the hands of the police, the Allahabad High Court observed that the views expressed by the Supreme Court pertaining to 'live-in' relationships "cannot be considered to promote such relationships"
Observing that traditionally, Law has been biased in favour of marriage, the Bench of Justice Sangeeta Chandra and Justice Narendra Kumar Johari also stressed upon the need to create awareness in young minds regarding the emotional and societal pressures and legal hassles which may be created by such relations.
Case Title: Neelam Devi vs. State Of U.P.Thru Prin.Secy.Co-Operative Lko And Ors [Writ A No. 18566 of 2021]
Case Citation: 2023 LiveLaw (AB) 219
The Allahabad High Court struck down the word 'unmarried' occurring before 'daughter' in the note appended to Regulation 104 of U.P. Cooperative Societies Employees' Service Regulations, 1975 which governs eligibility for compassionate appointment.
A bench comprising Justices Devendra Kumar Upadhyaya and Om Prakash Shukla observed that the State has recognised the right of daughters irrespective of their marital status while amending the Uttar Pradesh Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974. The same recognition should be granted to daughters under the 1975 Regulations.
Case Title: Garima Singh vs. Pratima Singh and Another 2023 LiveLaw (AB) 233 [First Appeal No. 623/2022]
Case Citation: 2023 LiveLaw (AB) 233
The Allahabad High Court has upheld the right of the first wife to file an application under Section 11 (void marriages) of the Hindu Marriage Act, 1955 for declaration of her husband's second marriage as void.
On the harmonious reading of the Family Courts Act, 1984 and the Hindu Marriage Act, 1955, bench comprising of Justices Saumitra Dayal Singh and Vinod Diwakar held:
“If the first wife is deprived of seeking a remedy under Section 11 of the Hindu Marriage Act, it would defeat the very purpose and intent of the Act. The protection offered to legally wedded wives under sections 5, 11, and 12 of the Hindu Marriage Act would become insignificant in such a scenario.”
Case Title: Tehsil Bar Association, Sadar Tehsil Parisar, Gandhi Nagar, Ghaziabad vs. U.P. Power Corporation Limited And 3 Others 2023 LiveLaw (AB) 245 [WRIT - C No. - 2637 of 2023]
Case Citaiton: 2023 LiveLaw (AB) 245
The Allahabad High Court has held that the activities carried out by lawyers are not 'commercial activity' and electricity rates charged from commercial establishments cannot be charged for lawyers' chambers for carrying out professional activities.
“An advocate or a legal practitioner is duty-bound to act as an officer of the Court. An advocate is prohibited to do any business or involve in any commercial activity and they are also restrained by the rules framed by the Bar Council of India from advertising their professional activities....” held a bench comprising of Justices Surya Prakash Kesarwani and Anish Kumar Gupta.
Further, the Court held that,
“… All these are the features, which categorically distinguish, the legal profession from the trade or business. Therefore, the legal profession by no stretch of imagination can be called as the commercial activity, trade or business...The respondents are directed to charge for the consumption of electricity by the lawyers in their chambers in the court premises as per the rate schedule LMV-I [domestic] as approved by the U.P. Electricity Regulatory Commission.”
Case title - Ajay Yadav vs. State Of U.P. And 3 Others 2023 LiveLaw (AB) 254 [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7907 of 2023]
Case Citation: 2023 LiveLaw (AB) 254
The Allahabad High Court observed that it is very unfortunate that nowadays, in "maximum cases" women are filing false FIRs under the POCSO/SC-ST Act using it as a "weapon to grab money" from the state and this practice should stop.
The Court noted that such false FIRs are being lodged just for taking money from the State and the same has the effect of ruining the image of innocent persons in society.
"Looking to the rampant and daily increasing prevalence of such type of crimes of sexual violence, I think that it is high time that the State of U.P. and even the Union of India should become sensitive to this grave issue," the bench of Justice Shekhar Yadav further observed as it granted anticipatory bail to a Rape accused.
Case title - Acharya Pramod Krishnam Ji Maharaj vs. State Of U.P. And 3 Others 2023 LiveLaw (AB) 261 [WRIT - C No. - 13703 of 2018]
Case Citation: 2023 LiveLaw (AB) 261
The Allahabad High Court observed that the right to construct a Temple on private property is protected by Articles 25 and 26 of the Constitution and such construction cannot offend the religious sensibilities of any other community.
The bench of Justice Salil Kumar Rai and Justice Surendra Singh-I also said that the mere fact that a Masjid exists nearby the plot on which the Temple is proposed to be built, by itself, cannot raise an apprehension that communal peace or public order would be disturbed if a Temple is built on the private plot.
Case title - Neha Singh vs. State Of U.P. And 2 Others [WRIT - A No. - 7796 of 2023]
Case Citation: 2023 LiveLaw (AB) 276
Stressing that a person has a "constitutionally recognised" right to change his/her gender through surgical intervention, the Allahabad High Court directed the State DGP (Director General of Police) to dispose of an application filed by a female constable seeking permission to undergo Sex Reassignment Surgery (SRS).
The bench of Justice Ajit Kumar further said that if in modern society, we do not acknowledge this vested right in a person, to change one's identity, we would be "only encouraging gender identity disorder syndrome".
Case title - Bhanwar Singh @ Karamvir vs. State of U.P. 2023 LiveLaw (AB) 288
Case Citation: 2023 LiveLaw (AB) 288
In a significant observation, the Allahabad High Court has said that the failure of the state police to serve the summons and execute coercive processes issued by the court is affecting the fundamental rights of the accused and their right to obtain bail in a timely manner.
"Rights of the accused to a speedy trial under Article 21 of the Constitution of India are being violated and fair administration of right of bail is being hampered as a consequence of these failures of the police department," the Court opined.
Case title – Adnan vs. State Of U.P. And 3 Others [CRIMINAL MISC. BAIL APPLICATION No. - 27288 of 2023]
Case Citation: 2023 LiveLaw (AB) 300
Granting bail to a man accused of raping his live-in partner, the Allahabad High Court observed that a systematic design is working to destroy the institution of marriage in India and that films and TV serials are contributing to the same.
Opining that the brutish concept of "changing partners in every season" cannot be considered to be a hallmark of a "stable and healthy" society, the Court stressed that the security and stability that the institution of marriage provides to an individual, cannot be expected from live-in-relationship.
Case title - Mahant Prasad Ram Tripathi @ M.P.R. Tripathi vs. State Of U.P. Thru. C.B.I. / A.C.B., Lucknow And Another [CRIMINAL REVISION No. - 935 of 2023]
Case Citation: 2023 LiveLaw (AB) 302
The Allahabad High Court observed that even if the telephonic conversation between the two accused persons was secured illegally, the same would not affect the admissibility of the recorded conversation in evidence against such accused.
The bench of Justice Subhash Vidyarthi made this observation while rejecting a revision plea filed challenging the order of a trial court refusing to discharge an accused (Mahant Prasad Ram Tripathi) in a case lodged under the Prevention of Corruption Act.
Case title - Jose Papachen And Another vs. State Of U.P. Thru. Prin. Secy. Home, Lko. And Another [CRIMINAL APPEAL No. - 877 of 2023]
Case Citation: 2023 LiveLaw (AB) 310
The Allahabad High Court has observed that providing good teachings, distributing Holy Bible books, and performing Bhandara does not amount to 'allurement' for religious conversion under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act 2021.
The bench of Justice Shamim Ahmad also explained the scope of Section 4 of the UP Prohibition of Unlawful Conversion of Religion Act 2021 [person competent to lodge FIR] as to who can lodge an FIR regarding the commission of an offence under Section 3 of the Act.
Case Title - Anjuman Intazamia Masazid Varanasi vs. Ist A.D.J. Varanasi And Others [MATTERS UNDER ARTICLE 227 No. - 3341 of 2017]
Case Citation: 2023 LiveLaw (AB) 321
In a significant order, the Chief Justice of the Allahabad High Court has specified the reasons for the withdrawal of the cases concerning the Kashi Vishwanath-Gyanvapi land title dispute (from the bench of Justice Prakash Padia) by stating that the decision was taken by him (CJ) on the administrative side "in the interest of judicial propriety and judicial discipline as well as the transparency in the listing of cases".
Chief Justice Pritinker Diwaker, in his order dated August 28, a copy of which was made available earlier today, has reasoned that non-observance of the procedure in listing the cases, passing of successive orders for reserving the judgment and again listing the cases before the Judge (Justice Prakash Padia) for hearing through he no longer had the jurisdiction as per the master of the roster, had led to the withdrawal of the cases.
Case title - Santosh Kumar Dohrey vs. Pramukh Sachiv Nyay Evam Vidhi Paramarshi U.P. And 4 Others [WRIT - C No. - 42430 of 2014]
Case Citation: 2023 LiveLaw (AB) 326
The Allahabad High Court has clarified that appointment to the posts of District/Additional Government Counsel (Criminal) [DGC/ADGC (Crl.)] by the State Government is a professional engagement of an advocate and the same is not a civil post and hence, such an engagement can be terminated on either side without notice and without assigning any reason.
Holding that the action of the State in not renewing the tenure can't be subjected to judicial scrutiny, the bench of Justice Salil Kumar Rai and Justice Surendra Singh-I observed thus:
"The appointee does not have any right for renewal or reappointment on the post of D.G.C./A.D.G.C.(Crl.). Such professional engagement can be terminated on either side without notice and without assigning any reason. By holding a post of District Counsel or public prosecutor, no status is conferred on the incumbent. The incumbent has no legal enforceable right as such...The incumbent cannot claim extension or renewal of term of the post held by him."
Case title - Ram Komal and two others vs. State of U.P. and another 2023 LiveLaw (AB) 348 [APPLICATION U/S 482 No. - 12417 of 2005]
Case Citation: 2023 LiveLaw (AB) 348
The Allahabad High Court has observed that even after the submission of a charge sheet, the investigation of a case can be transferred to the police of another police station and there is no necessity to obtain permission from the concerned court.
The bench of Justice Umesh Chandra Sharma also said that even after the Court took cognizance of any offence, on the strength of the police report first submitted, it is open to the Police to conduct further investigation in a given case.
“There is nothing in Section 173 (8) to suggest that the Court is obliged to hear the accused before any such direction is made. The casting of any such obligation on Court would only result in encumbering it with the burden of searching for all potential accused to be afforded with the opportunity of being heard,” the Court further added.
Case title - Smriti Singh Alias Mausami Singh And 3 Others vs. State of U.P. and Another [APPLICATION U/S 482 No. - 23148 of 2022]
Case Citation: 2023 LiveLaw (AB) 361
The Allahabad High Court observed that a Hindu marriage cannot be 'solemnised' unless the 'Saptapadi' ceremony (taking of seven steps by the the bridegroom and the bride jointly before the sacred fire) and other rituals have been performed.
With this, the bench of Justice Sanjay Kumar Singh allowed a petition filed by one Smriti Singh challenging the entire proceedings of a complaint filed against her by her husband under Sections 494 (Bigamy) and 109 (Punishment of abetment) IPC.
Case title - Kaliya vs. State Of U.P. Thru. Prin.Secy. Deptt. Of Home Lko And 3 Others [CRIMINAL MISC. WRIT PETITION No. - 6826 of 2023]
Case Citation: 2023 LiveLaw (AB) 369
The Allahabad High Court has observed that a vehicle used for the transportation of cows and their progeny within the state (and not outside the state) is not any offence under the UP Prevention of Cow Slaughter Act, 1955 and hence, such a vehicle cannot be seized or confiscated by the authorities.
The bench of Justice Karunesh Singh Pawar further held that when cows and their progenies are being transported within the State of UP, no show-cause notice under section 5-A of the Act could be issued by the District Magistrate.
Case title - Surendra Koli vs. State through Central Bureau of Investigation and connected matters 2023 LiveLaw (AB) 385
Case Citation: 2023 LiveLaw (AB) 385
Acquitting prime suspects Moninder Singh Pandher and his domestic help Surinder Koli in the 2005-2006 Noida serial murder cases (Nithari Kand) for lack of evidence, the Allahabad High Court has raised serious questions regarding how the investigation in the case was conducted by the Central Bureau of Investigation.
A Bench of Justice Ashwani Kumar Mishra and Justice Syed Aftab Husain Rizvi also pulled up the CBI for 'completely overlooking' the strong possibility of organ trade being an actual reason behind murders.
Case title - Deepak Prakash Singh @ Deepak Singh vs. State of U.P. and Another [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10246 of 2023]
Case citation: 2023 LiveLaw (AB) 388
The Allahabad High Court has held that where an accused has been booked under the POCSO Act as well as the SC/ST Act, the provision of the former will prevail over the latter and an anticipatory bail plea moved by such accused would be maintainable.
A bench of Justice Shekhar Kumar Yadav observed thus while rejecting the anticipatory bail plea moved by one Deepak Prakash Singh, a teacher by profession, who has been accused of committing rape on a 14-year-old mentally retarded girl.
Case title - Mohd Imran Kazi vs. State of U.P. and Another [APPLICATION U/S 482 No. - 31091 of 2023]
Case Citation: 2023 LiveLaw (AB) 394
The Allahabad High Court has held that merely liking a post on Social Media will not amount to publishing or transmitting the said post and therefore, the act will not attract Section 67 of the Information Technology Act, 2000 which provides for punishment for publishing or transmitting obscene material in electronic form.
The bench of Justice Arun Kumar Singh Deshwal further observed that the words appearing in Section 67 of the IT Act are "lascivious or appeals to the prurient interest" which means relating to sexual interest and desire, and therefore, the provision does not prescribe any punishment for any other provocative material.
Case title - Alok Awasthi vs. Additional District Judge-4 Lucknow And Another [WRIT - C No. - 1000861 of 2014]
Case Citation: 2023 LiveLaw (AB) 395
Observing that the Journalists in the State are being extended the benefit of Estate properties at throw-away prices, the Allahabad High Court last week decided to suo moto consider the vires of The Allotment of Houses under Control of the Estate Department Act 2016 (UP Act of XXIII of 2016) [AHUCED ACT].
The Court decided thus as it found the 2016 Act to be prima facie contrary to the mandate of Article 14 as it purports to extend Government largesse to the persons, who are not authorized or are not engaged in any Government functions.
Case title - Chandrapal Singh vs. State of U.P. and Another 2023 LiveLaw (AB) 416
Case Citation: 2023 LiveLaw (AB) 416
A three-judge bench of the Allahabad High Court rejected the reference made to it regarding consideration of the directions given by the Supreme Court in paragraphs 34, 36, and 37 of the judgment in Asian Resurfacing of Road Agency Private Limited and Another vs. Central Bureau of Investigation 2018.
The bench comprising of Chief Justice Pritinker Diwaker, Justice Ashwani Kumar Mishra and Justice Ajay Bhanot however framed the following ten questions of law and granted a certificate to appeal to the applicants and similarly circumstanced people to approach the Supreme Court.
Case title - Allama Zamir Naqvi Alias Tahir In Fir Zameen Naqvi Alias Tahir vs. State Of U.P. Thru. Prin. Secy. Lko. And Another 2023 LiveLaw (AB) 430 [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2553 of 2023]
Case citation: 2023 LiveLaw (AB) 430
The Allahabad High Court has observed that the benefit of the Criminal Procedure Code (Uttar Pradesh Amendment) Act, 2018 which revived the provision of anticipatory bail in the State (with effect from June 6, 2019) is also applicable to the persons 'apprehending arrest' after the enactment of the 2018 Amendment Act even if the offence was committed before its enactment.
The bench of Justice Subhash Vidyarthi added that the 2018 Amendment Act merely restores the benefit of anticipatory bail to persons apprehending arrest, which was available to the persons in the State of UP till 1976 and hence, this being a beneficial legislation, it cannot be restricted in its operation to offences committed after enactment of Act in 2019.
69. Medical Representatives Deemed To Be "Workman" Under Industrial Disputes Act: Allahabad High Court
Case Title: M/S Nicholas Piramal India Ltd. and Ors v. Presiding Officer Labour Court Lko. and 3 Ors., WRIT-C No. 1004529/2007
Case Citation: 2023 LiveLaw (AB) 459
The Allahabad High Court has held that following the enactment of Sales Promotion Employees (Conditions of Service) Act, 1976 ("SPE Act"), medical representatives are deemed to be "workman" under the Industrial Disputes Act, 1947.
Relying on the decision of the Bombay High Court in S.G. Pharmaceuticals Division of Ambala Sarabhai Enterprises Ltd. v. U.D. Pademwar and of the Supreme Court in H.R. Adyanthaya v. Sandoz (India) Ltd, Justice Alok Mathur observed that “after 06.05.1987 all the medical representatives were declared to be workmen without limitation on their wages thereafter and upon the capacity in which they were employed or engaged.”
Case Title: Prem Prakash Yadav v. Union Of India Thru Secy.Min.Of Urban Planning And Development [WRIT - C No. - 3990 of 2014]
Case Citation: 2023 LiveLaw (AB) 468
In a significant observation, the Allahabad High Court has held that though a petitioner has the right to choose the forum to file a writ petition, he/she cannot be permitted to hop between two jurisdictions without cogent reasons.
The Court further observed that under Clause-14 of the United Provinces High Court (Amalgamation) Order, 1948 petitions at Lucknow can be transferred by the Chief Justice of the High Court while sitting at Lucknow to Allahabad, however, the reverse cannot be done.
Case citation: 2023 LiveLaw (AB) 480
While acquitting a husband of the charges under Section 377 IPC for allegedly committing an “unnatural offence” against his wife, the Allahabad High Court has observed that protection of a person from marital rape continues in cases where his wife is of 18 years of age or more than that.
In its order, the bench of Justice Ram Manohar Narayan Mishra also noted that in the proposed Bhartiya Nyay Sanhita (which is likely to replace the Indian Penal Code), there is no provision like Section 377 IPC.
Case Title: Smt. Sonali Sharma v. State Of U.P Thru. Prin. Secy. Deptt. Dibyangjan Sashaktikaran Lko. And 2 Others [WRIT - A No. - 9110 of 2023]
Citation: 2023 LiveLaw (AB) 486
The Allahabad High Court has recently held that the Maternity Benefit Act, 1961 is a piece of beneficial legislation which will override the provisions of the Financial Handbook on an institution. The Court further held that there is no bar on claiming second maternity benefits within two years from the first one.
Relying on the earlier judgments of the Allahabad High Court in Anupam Yadav & Ors vs. State of U.P. & Ors., Anshu Rani vs. State of U.P. & Ors. and Satakshi Mishra v. State of U.P. & Ors. 2022 LiveLaw (AB) 410, Justice Manish Mathur observed that
“The aforesaid reasoning has also been indicated by Coordinate Benches of this Court in the other two judgments as well to the effect that the provisions of Maternity Benefit Act, 1961 being a beneficial legislation would have overriding effect over the provisions of Financial Handbook. It was being specifically held that Second Maternity Leave within a period of two years from the grant of First Maternity Leave is admissible.”
Case title - Takbeer Khan (Minor)Thru. His Mother Rehana vs. State Of U.P. Thru. Prin. Secy. Home Lucknow And 3 Others 2023 LiveLaw (AB) 493 [HABEAS CORPUS WRIT PETITION No. - 256 of 2022]
Case Citation: 2023 LiveLaw (AB) 493
The Allahabad High Court has observed that according to the Mohammedan Law, a mother is entitled to custody (hizanat) of a male child until he completes the age of 7 years.
The bench of Justice Karunesh Singh Pawar observed thus while allowing a habeas corpus filed by the mother (Rehana) of the detenue-Takbeer Khan, aged about 3 years and 7 months. In her plea, she had sought custody of her child, currently residing with her husband (Intiyaj Khan/opposite party No.4).
Case Title: Amandeep Singh v. State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others [WRIT - C No. - 2461 of 2023]
Case Citation: 2023 LiveLaw (AB) 503
While dealing with a case of cancellation of arms license of a young lawyer, the Allahabad High Court observed that cases of persons carrying firearms inside court premises were on the rise.
The bench comprising of Justice Pankaj Bhatia observed that despite a specific bar in Rule 614-A of The General Rules (Civil) on carrying of arms in the Court premises and directions by the Allahabad High Court in PIL No.2436 of 2019 In Re Suo Moto Relating to Security and Protection in All Court Campuses in the State of U.P., firearms were being carried within the premises of the Court.
Case Title: Pawan Kumar Dubey v. State Of U.P. And 3 Others [WRIT - C No. - 42619 of 2023]
Citation: 2023 LiveLaw (AB) 510
The Allahabad High Court has directed the Bar Council of Uttar Pradesh to call for a police report regarding all fresh and pending applications for a license to practise law.
The bench comprising of Justice Saumitra Dayal Singh and Justice Vinod Diwakar directed the State Government and Bar Council of Uttar Pradesh to “issue necessary directions and to ensure appropriate police report be called from the concerned Police Stations about all pending and fresh applications for issuance of license as is being done/followed for issuance of Passports.”