Allahabad High Court
Can't Keep Accused In Jail Indefinitely; Witnesses Not Being Produced In Trial Courts In Heinous Cases: Allahabad HC Seeks UP DGP Affidavit
The Allahabad High Court recently expressed concerns over the prosecution's non-production of witnesses before the trial court, even in cases of heinous crime, leading to indefinite detention without trials. The Court emphasised that a person cannot be detained for an indefinite period if the prosecution is not making sincere efforts to produce the prosecution witnesses before...
Allahabad HC Recommends Criminal Contempt Proceedings Against Senior Advocate For Casting Aspersions On Court
On Friday, the Allahabad High Court referred a matter to the Chief Justice for drawing criminal contempt proceedings against a Senior Advocate. A bench of Justice Sangeeta Chandra and Justice Brij Raj Singh made the reference after it found that the Senior Counsel had "scandalised" the court and "lowered its dignity" by casting aspersions on the conduct of court proceedings and...
Employee With Requisite Educational Qualification Eligible For Promotion Regardless Of Criteria Being Fulfilled Prior To Or During Service: Allahabad HC
The Allahabad High Court has held that a candidate that has the required educational qualification deserves to be promoted upon satisfying all other criteria. It was held that it is immaterial whether such criteria were fulfilled prior to the service or during it.“….. a candidate if is already having qualification to his credit prior to entering into the service and, he is equally entitled...
Matrimonial Dispute Remains Between Couple, No Impleadment Can Be Allowed In Divorce Proceedings U/S 13B Hindu Marriage Act: Allahabad HC
The Allahabad High Court has held that the divorce proceedings (matrimonial disputes) are only between the parties to the marriage, no third person can seek impleadment in proceedings under Section 13B of the Hindu Marriage Act.The bench comprising Justice Saumitra Dayal Singh and Justice Donadi Ramesh held,“Piquant as it may be, the impleadment sought may never be justified. A...
Second Appellate Court Cannot Interfere With Factual Finding Of Lower Courts: Allahabad High Court Reiterates
Recently, the Allahabad High Court has reiterated that reappreciation of evidence by a Second Appellate Court is impermissible.Justice Kshitij Shailendra held that“…even when two views are possible, out of which one view has been taken by the courts after appreciating evidence on record, second Appellate Court would not substitute that view by its own view. Re-appreciation of evidence...
Have Transferred Amroha DM For Approving Gang-Charts Sans Recording Satisfaction: UP Govt Informs Allahabad HC
On Tuesday, the Uttar Pradesh Government informed the Allahabad High Court that it has transferred the District Magistrate of Amroha, Mr Rajesh Kumar Tyagi, from the district and attached him to the secretariat, and has not been given any field posting. This decision came after HC flagged that the DM concerned had approved gang charts against the accused in several cases without signing...
CMO, Doctors Often Not Aware Of Procedure In Medical Termination Of Pregnancy Cases: Allahabad HC Directs UP Health Secretary To Issue SOP
Observing that often the Chief Medical Officers and doctors in the State of Uttar Pradesh are not aware of the procedure to be followed in cases of medical termination of pregnancy while examining the female, the Allahabad High Court has directed the Principal Secretary, Medical Health and Family Welfare, Uttar Pradesh to issue Standard Operating Procedure for the same which is to be followed...
Affidavits Being Filed In Casual & Lethargic Manner; State Authorities, Standing Counsels Acting Casually: Allahabad High Court
Recently, the Allahabad High Court has observed that the affidavits being filed by the State Authorities as well as the Standing Counsels representing them in Court are being filed in a very “causal and lethargic manner even without proper drafting / reading before signing.”While dealing with a case regarding assessment of Stamp Duty where counter affidavit had not been filed for 2 years,...
Allahabad HC Summons State Food Safety Dept Official After Advocate Brings 'Chinese' Garlic To Courtroom
On Thursday, the Allahabad High Court summoned an officer of the Food Safety and Drug Administration Department, Government of UP, after a practising advocate brought half a KG of 'Chinese' garlic as well as regular garlic to the courtroom. A bench of Justice Rajan Roy and Justice Om Prakash Shukla passed this order summoning a State Government official while hearing a Public...
Plea Against Election Of SP's Mohanlalganj MP For Allegedly Seeking Votes On Religious, Caste Lines: Allahabad HC Issues Notice
On Tuesday, the Allahabad High Court issued notice on a plea challenging the 2024 Lok Sabha Elections to the Mohanlalganj Constituency, wherein Samajwadi Party's candidate RK Chaudhary emerged victorious. A bench of Justice Jaspreet Singh issued MP Chaudhary a notice on the election plea moved by an elector of the Mohanlalganj, a Lok Sabha parliamentary constituency in...
Allahabad High Court Questions UP Govt Over Protocol For Using 'Honourable' Title For State Officials
The Allahabad High Court has asked the Uttar Pradesh Government to apprise the Court if there is any protocol about officials of the State who are entitled to prefix or have the word "Honourable" prefixed along with their designations or names. In this regard, a bench of Justice JJ Munir has sought an affidavit of the Principal Secretary, Department of Revenue, UP, Lucknow. The...
Special Appeals Against Contempt Court Order Maintainable Only When Finding On Merits Of Original Dispute Is Returned: Allahabad High Court
The Allahabad High Court has held that Special Appeals under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 are maintainable against order of the Single Judge in Contempt jurisdiction only when the Contempt Court oversteps its jurisdiction and enters into merits of the original dispute between the parties.The bench of Chief Justice Arun Bhansali and Justice Jaspreet Singh sitting...