Marriage Prospects Of Girl Damaged Due To 100% Disability After Accident: Allahabad HC Enhances Compensation By Rs. 22 Lakh After 17 Yrs

Enhancing the compensation from Rs.1,08,875 to Rs.23,69,971, the Allahabad High Court while dealing with a 17-year-old plea observed that the 100% disability of the claimant/appellant–who was a minor at the time, had substantially damaged her marriage prospects subjecting her to frustration and depression.A single judge bench of Justice Vipin Chandra Dixit while awarding Rs. 3 lakhs...

Trial Court Records Missing: Allahabad High Court Acquits Man In 1982 Case

The Allahabad High Court recently acquitted the sole surviving appellant/accused in a 42-year-old case after it received a report from the District Judge, Ballia, that the entire record of the case had been weeded out and the reconstruction of the same was impossible. A bench of Justice Nalin Kumar Srivastava passed this order while hearing an appeal filed by Shri Ram Singh against...

Central Administrative Tribunal Is A Substitute For Civil Court While Adjudicating Service Dispute: Allahabad High Court

Recently, the Allahabad High Court observed that Central Administrative Tribunals are substitutes to Civil Courts as the jurisdiction earlier vested in Civil Courts was transferred to Tribunals who have the same powers and procedures as that prescribed for the Civil Court.The bench of Justice Rajan Roy and Justice Om Prakash Shukla held,“Prior to constitution of the Central...

S. 188 CrPC | CBI Requires Only Centre's Nod To Probe Crimes Abroad Committed By Indians, State's Consent Not Needed: Allahabad HC

The Allahabad High Court has held that the Central Bureau of Investigation (CBI) is not required to seek the consent of the State Government under Section 6 of the Delhi Special Police Establishment (DSPE) Act 1946 to investigate an offence committed outside the country by an Indian citizen; in such cases, only the sanction of the Central Government is required. A bench of...

Allahabad High Court Acquits Murder Convict Who Spent 17 Years In Jail By According Benefit Of Doubt

The Allahabad High Court last week acquitted a man convicted for the offence of murder by a Sessions Court in May 2013 and sentenced to life imprisonment, as it noted that there were material contradictions in the statement of the informant and the eye-witness. The acquittal has been granted based on the benefit of the doubt. A bench of Justice Arvind Singh Sangwan and Justice Mohd...

Application For Registration Of Real Estate Project Deemed To Be Approved If No Decision Taken By RERA In 30 Days: Allahabad High Court Grants Relief To L&T

The Allahabad High Court has held that the 30-day period prescribed under Section 5(2) of the Real Estate (Regulation and Development) Act, 2016 for deciding applications for registration of real estate projects is mandatory in nature as upon failure to accept or reject the application within 30 days, the project shall be deemed to be registered.Section 4 of the Real Estate (Regulation...

Can't Deny 'Saqlain Miyan' Followers To Observe 'Urs' Just Because It Coincides With 'Navaratri': Allahabad HC Sets Aside Bareilly Admin's Order

In a special sitting of Allahabad High Court on Saturday, a bench of Justices Saumitra Dayal Singh and Vipin Chandra Dixit set aside an order of the district administration, Bareilly denying permission to the followers of a Sufi scholar to observe 'Urs' on 8th and 9th October 2024. The court was essentially dealing with a plea filed by Aastan-E-Aaliyah Saqlainiya Sharafatiya and...

Criminal Prosecution On Same Allegations Can't Continue If Accused Exonerated In Departmental Proceedings: Allahabad HC

The Allahabad High Court has reiterated that if an accused has been exonerated and held innocent in the disciplinary proceedings after the allegations are found to be unsustainable, then the criminal prosecution premised on the same/identical set of accusations cannot be permitted to continue. A bench of Justice Saurabh Lavania reasoned that the standard of proceedings in criminal cases...

Allahabad HC Temporarily Restrains Ex-IPS Officer, His Wife From Making 'Defamatory' Posts Against UP CM Advisor

The Allahabad High Court on Friday temporarily restrained former Indian Police Service officer and political activist Amitabh Thakur and his wife, Nutan Thakur, from publishing any information, videos, or content that could harm the reputation of Awanish Kumar Awasthi, a former Indian Administrative Service officer and chief advisor to State's Chief Minister Yogi Adityanath. A bench...

Bulandshahr Moving Car Gang-Rape, Murder | 'Not Rarest Of Rare Case': Allahabad HC Commutes Death Sentence Of 3 To 25-Yr Jail Sans Remission

The Allahabad High Court on Friday commuted the death penalty imposed upon three men to 25 years of imprisonment without remission for the gang rape and murder of a 17-year-old (offence committed in January 2018 in the Bulandshahr district of the state). A bench of Justice Arvind Singh Sangwan and Justice Mohd. Azhar Husain Idrisi noted that it was not a 'rarest of the rare' case where...

Conviction Can't Be Made Based On Dying Declaration Where Scribe/Translator Was Not Examined By Prosecution: Allahabad High Court

The Allahabad High Court has held that the dying declaration of the deceased cannot be taken as the sole evidence for convicting accused in absence of any examination of the scribe who had taken down the statement as it prejudiced the rights of the accused.Setting aside the conviction order, the bench of Justice Ashwani Kumar Mishra and Justice Dr. Gautam Chowdhary held that since the scribe...

Stamp Duty Inapplicable On Family Members Who Ceased To Be Co-Sharers In Property Prior To Executing Partition Memo: Allahabad High Court

The Allahabad High Court has recently observed held that if family members looking to partition their property/land, cease to be co-sharers prior to the execution of the partition document, then the stamp duty levied under Section 2 (15) of the Indian Stamp Act is inapplicable on them. Referring to the provision a single judge bench of Justice Piyush Agrawal in its order said:“From bare...