Allahabad High Court
'Nanad-Bhabhi' An Interesting Relation Of Our Society: Allahabad HC Quashes Extortion Complaint As Parties Settle Dispute
The Allahabad High Court recently quashed an extortion complaint filed by a woman against her brother's wife (Bhabhi), noting that the parties had come to an agreement and that no dispute remained between them. While doing so, Justice Saurabh Shyam Shamshery's bench also referred to the unique dynamics of the 'Nanad-Bhabhi' relationship in Indian society. The Court remarked that...
No 'Absolute Prohibition' To Consider Anticipatory Bail Plea Of Accused Facing Arrest Warrant/ Proclamation U/S 82 CrPC: Allahabad HC
The Allahabad High Court has observed that there is no 'absolute prohibition' against considering an application for anticipatory bail filed by an accused against whom a warrant of arrest or a proclamation under Section 82 CrPC has been issued. It added that the court is empowered to consider the merits of the case in extremely exceptional cases in the interest of justice. This ruling...
'Victim' Appears To Be A Consenting Party: Allahabad High Court Upholds Acquittal Of 4 In 2009 Rape Case
The Allahabad High Court recently upheld the acquittal of 4 men in connection with an alleged rape case dating back to the year 2009, as it concurred with the view of the trial court that the victim appeared to be a consenting party. A division bench comprising Justice Rajiv Gupta and Justice Ram Manohar Narayan Mishra noted that it is a settled principle that while exercising...
'Sad State Of Affairs': Allahabad HC Summons DM After His Mobile Phone Found Switched Off During Working Hours
On Monday, the Allahabad High Court summoned the District Magistrate (DM) of Hardoi, Mangla Prasad Singh, to explain the circumstances of his mobile phone being found switched off, due to which he could not be contacted in connection with a hearing concerning explosive license renewal. A bench of Justice Abdul Moin passed this order after the bench asked the Standing counsel to...
Allahabad High Court Denies Bail To Govt School Principal Accused Of Sexually Abusing Girl Students
The Allahabad High Court recently denied bail to the principal of a government primary school in Bulandshahr district of the state who was arrested in March this year on the allegations of sexually abusing female students and showing them 'indecent' on his mobile phone. Considering the victims' tender age, which ranged from 9 to 13 years, a bench of Justice Krishan Pahal did not find...
Child Victims Of Sexual Abuse Most Vulnerable Class Of Citizens; Statutory Support Systems Key To Empower Them: Allahabad HC
Noting that the child victims of sexual abuse are the most vulnerable class of citizens, the Allahabad High Court recently emphasized the importance of supporting such victims of sexual offences under the POCSO Act. A bench of Justice Ajay Bhanot observed that since these victims face numerous challenges, including trauma, social marginalisation, and lack of resources, which...
Article 227 Is A Constitutional Provision Which Remains Untouched By Non-Obstante Clause Of S. 5 Of Arbitration Act: Allahabad HC
The Allahabad High Court Bench of Justice Piyush Agrawal held that Article 227 is a constitutional provision which remains untouched by the non-obstante clause of Section 5 of the Act. In these circumstances, what is important to note is that though petitions can be filed under Article 227 against judgments allowing or dismissing first appeals under Section 37 of the Act, yet...
Deed Transferring Part Of Compensation Not 'Conveyance Deed' Unless It Specifically Records Transfer Of Rights In Recitals: Allahabad High Court
The Allahabad High Court has held that for being a conveyance deed, the recital of the deed transferring the immovable property must convey the same otherwise no right over the land is vested in the tenure holder. It has been held that a dee transferring part of enhanced compensation is not a 'conveyance deed' unless it specifically records transfer of rights in its recital.“So as to form...
No Provision Empowering Collector To Recover Deficiency In Registration Fee Under Stamp Act: Allahabad High Court
The Allahabad High Court has held that there is no provision in the Indian Stamp Act, 1899 which empowers the Collector or other stamp authorities to recover deficiency in registration fees.Besides recovery of deficiency in Stamp Duty, recovery was ordered against the petitioner regarding deficiency in registration fees on Document No. 1549/2022 & 1548/2022. Further, penalty of Rs....
Bahraich Violence | 'No Reason To Say UP Govt Won't Follow SC's Order On Demolitions': Allahabad HC Grants 15 Days To Accused To Respond To PwD Notices
In an extraordinary Sunday sitting, the Allahabad High Court today heard a Public Interest Litigation (PIL) plea moved by the Association For Protection of Civil Rights (through its Vice President, UP East, Sayed Mehfuzur Rehman) challenging the Uttar Pradesh Government's proposed action to demolish properties belonging to the accused in the Bahraich violence case. Hearing the matter...
Arbitral Award Based On Law Prevailing At Time Of Proceedings Cannot Be Held To Be Illegal Due To Subsequent Apex Court Ruling: Allahabad HC
The Allahabad High Court Bench of Justice Piyush Agrawal, held that if parties were allowed to reopen concluded arbitrations based on new judicial rulings, it would lead to a flood of claims seeking to modify or overturn arbitral awards. Moreover, the retroactive application of judicial decisions to arbitral awards would create legal and procedural chaos. Arbitrators make decisions based on...
Allahabad High Court Awards Rs 5 Lakh Compensation To 35-Yr Old Law Student Who Was Admitted By Fault On College's Part
The Allahabad High Court awarded a compensation of Rs. 5 lakhs to a 35 year old law student who was granted admission in Law College against the rules of the brochure and was cancelled after being successful in first semester examination.Observing that the student had not played fraud on the College, the bench of Justice Manoj Kumar Gupta and Justice Vikas Budhwar observed,“It is rather...