Allahabad High Court
Allahabad HC Dismisses PIL Against ECI For 'Inaction' On Congress' 'Ghar Ghar Guarantee' Campaign
The Allahabad High Court today dismissed a Public Interest Litigation (PIL) plea filed against the Election Commission of India (ECI) over its alleged inaction to act against the Indian National Congress (INC) for launching its much debated 'Ghar Ghar Guarantee' scheme/campaign [colloquially also referred to as the 'Khatakhat Scheme'] ahead of the 2024 Lok Sabha Elections.A bench of Justice...
Offence Has Shaken Court's Conscience: Allahabad HC Denies Bail To 'Pujari' Accused Of Sexually Assaulting 12 Y/O Boy
The Allahabad High Court recently denied bail to a Pujari (Priest) who has been booked under Section 377 IPC for allegedly committing unnatural sex with a 12-year-old orphan near a temple in February this year. Considering the gravity of the offence and the victim's statements deposing as to how the alleged act had been performed by the accused, a bench of Justice Rohit...
Proceedings U/s 130 GST Act Can't Be Put To Service If Excess Stock Is Found During Survey Conducted At Business Premises: Allahabad High Court
Referring to the decision in case of Dinesh Kumar Pradeep Kumar Vs. Additional Commissioner [Writ Tax No. 1082 of 2022], the Allahabad High Court reiterated that even if excess stock is found at the business premises of the manufacturer, the proceedings u/s 130 of the UPGST Act cannot be initiated. As per Section 130 of the UPGST Act, the Government may require the person in charge of...
Allahabad High Court Refuses Relief To 6 Muslim Men Accused Of Carrying Tiranga Containing Quranic Verses
The Allahabad High Court recently refused to quash the criminal proceedings initiated against 6 Muslim men who had allegedly carried a Tiranga in their hands in a religious procession, on which Quranic verses (Ayat and Kalma) were inscribed. In a prima facie observation, a bench of Justice Vinod Diwakar said that the applicants' act was punishable under the Flag Code of India, 2002,...
FIR Lodged On Or After July 1 Would Be Under IPC If Offence Committed Before That Date; Investigation Will Be As Per BNSS: Allahabad HC
The Allahabad High Court has observed that in a particular case, if the FIR is lodged on or after July 1, 2024 (the date of commencement of 3 New Criminal Laws), for an offence committed before that date, it would be registered under the provisions of the IPC. Still, the investigation will continue as per Bharatiya Nagarik Suraksha Sanhita (BNSS).The Court also held that in a particular case,...
Accused Has No Right At Investigation Stage, He Can't Seek Further/ Reinvestigation Of Case U/S 173(8) CrPC: Allahabad HC
Emphasizing that an accused has no right at the investigation stage, the Allahabad High Court last week said that an accused does not have the right to seek further/reinvestigation of a case by filing a plea under Section 173(8) CrPC. A bench of Justice Saurabh Lavania observed thus while relying upon the Supreme Court's 2023 decision in the case of State vs Hemendhra Reddy |...
Sitapur S-I's 'Mysterious' Death | Allahabad High Court Orders FIR, Probe By A Senior IPS Officer Of A Different District
The Allahabad High Court last week directed an investigation by a Senior IPC Officer into the 'mysterious' death of a 54-year-old police sub-inspector (S-I), who died in April this year after he allegedly shot himself with his service weapon at the Machhrehta police station in Sitapur. A bench of Justice Vivek Chaudhary and Justice Narendra Kumar Johari directed the Inspector General...
Barred By Limitation: Allahabad HC Rejects BJP Leader Maneka Gandhi's Plea Against Sultanpur MP's Election
The Allahabad High Court (Lucknow Bench) today DISMISSED a plea moved by Senior BJP leader, former MP and Cabinet Minister Maneka Gandhi challenging the election of Samajwadi Party MP Ram Bhuwal Nishad from the Sultanpur Lok Sabha constituency.A bench of Justice Rajan Roy found the election plea to be barred by limitation, holding that Gandhi's election plea had been filed in contravention...
Hindu Father Bound To Maintain Unmarried Daughter As Per S. 20 HAM Act If She Is Unable To Maintain Herself: Allahabad HC
The Allahabad High Court has observed that Section 20 of the Hindu Adoptions and Maintenance Act, 1956, casts a statutory obligation on a Hindu man to maintain his daughter, who is unmarried and unable to maintain herself out of her own earnings or other property. “Section 20(3) of Hindu Adoptions and Maintenance Act, 1956 is nothing but recognition of principles of Hindu Law...
Allahabad HC Orders Inquiry Against Judicial Officer For Issuing Summons In Gangsters Act Case While 'On Leave'
On Tuesday, the Allahabad High Court ordered an inquiry against a judicial officer who issued a summons against two accused to face trial for the offence under Section 3(1) U.P. Gangsters Act, despite the officer being purportedly on leave that day. A bench of Justice Saurabh Shyam Shamshery directed the District Judge, Kanpur Nagar, to inquire under which circumstances the...
Supreme Court Collegium Recommends Appointment Of 9 Additional Judges Of Allahabad HC As Permanent
The Supreme Court Collegium has recommended the names of nine Additional Judges of the High Court of Judicature at Allahabad for appointment as permanent Judges of the High Court. They are:(i) Justice Syed Qamar Hasan Rizvi, (ii) Justice Manish Kumar Nigam, (iii) Justice Anish Kumar Gupta, (iv) Justice Nand Prabha Shukla, (v) Justice Kshitij Shailendra, (vi) Justice Vinod...
Existence/Absence Of Motive Acquires Significance When Ocular Testimony Is Suspected: Allahabad HC Acquits Man In Murder Case
While acquitting an accused in a 2006 Murder case, the Allahabad High Court on Monday observed that motive occupies a back seat where there is direct and credible evidence; however, where the ocular testimony appears to be suspected, the existence or absence of motive acquires some significance. A bench of Justice Rajiv Gupta and Justice Mohd. Azhar Husain Idrisi was essentially hearing...