Allahabad High Court
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...
Seems 'Kalyug' Has Arrived: Allahabad High Court On Elderly Couple Fighting Legal Battle Over Maintenance
While hearing a case concerning an elderly couple aged about 75-80 who are involved in a legal battle over the issue of maintenance, the Allahabad High Court last week made an uncommon statement that it seemed that 'kalyug' has arrived. A bench of Justice Saurabh Shyam Shamshery made this remark while hearing a petition filed by one Munish Kumar Gupta (husband) challenging a...
Allahabad HC Asks UOI About Status Of BJP Worker's Representation To Home Ministry To Cancel Rahul Gandhi's Indian Citizenship
Hearing a Public Interest Litigation (PIL) plea filed by a BJP Member from Karnataka, seeking a CBI probe into Congress leader and LoP in LokSabha Rahul Gandhi's alleged British Citizenship, the Allahabad High Court today asked the Union of India about the proposed decision on the representation-cum-complaint sent by the PIL petitioner to the competent authority, under Section 9(2) of...
Advocates Can't Be Discourteous Or Use Intemperate Language Against Judges: Allahabad High Court
In suo moto contempt proceedings against a lawyer, the Allahabad High Court has held that Advocates, being officers of the court must be courteous towards the Judges.The Civil Judge (Junior Division/Fast Track Court (CAW)), Kanpur Nagar made a reference to the High Court regarding conduct of the contemnor advocate in proceedings before the Court on 03.02.2023. It was stated that the contemnor...
Criminal Court Can't Deal With Allegations Of Misappropriation Of Investor's Money By Share Broker, SEBI Act Prevails: Allahabad High Court
The Allahabad High Court has held that that by virtue of Section 26 of Securities and Exchange Board of India Act, 1992, which bars Court from taking cognizance regarding offences under the Act, the Trial Court cannot take cognizance of a case where broker is alleged to have misappropriated money of the investor. It was held that the SEBI Act being a special act will override IPC and...
False Criminal Prosecution By Wife May Create Reasonable Apprehension Regarding Personal/ Family Safety, Constitutes Cruelty: Allahabad HC
The Allahabad High Court has held that false criminal prosecution case by wife against the husband and his family may create reasonable apprehension in mind of the husband regarding the safety of his family and himself if he were to stay in the matrimonial relationship. It was held that such false criminal prosecution is sufficient to constitute cruelty under Section 13 of the Hindu Marriage...
Summoning A Serious Affair, More So When Issued After Rejecting Closure Report: Allahabad HC Quashes Murder Case Against Doctor Couple
The Allahabad High Court recently quashed criminal proceedings against a Doctor couple– who are also owners of a hospital in Rajepur–in a case where the deceased who had accompanied his mother in the hospital, was allegedly removed and later died in a road accident thereafter.The high court passed the order while hearing a plea moved by the doctor couple against the summoning order of...
Prosecution Can't Rely On Dying Declaration Unless Accused Is Confronted With Its Contents: Allahabad High Court
The Allahabad High Court has observed that the prosecution cannot rely on a dying declaration unless an accused is confronted with its contents. A bench of Justice Ashwani Kumar Mishra and Justice Dr Gautam Chowdhary observed thus while acquitting a husband and mother-in-law in connection with a dowry death case. The division bench noted that the contents of the dying declaration...
NI Act | Company Can Be Summoned Through Person In-Charge Of Its Affairs, No Separate Summon To The Company Required: Allahabad High Court
The Allahabad High Court has held that a company is juristic person can be summoned through the person in-charge of its affairs and if such a juristic person summoned through the person in-charge, it cannot be said that the company has not been summoned for trial under the Negotiable Instruments Act, 1881.The Court held that once company is also made a party to the proceedings under Section...
Allahabad HC Dismisses Advocate's 'Vexatious' Plea To Initiate Criminal Contempt Case Against Gujarat HC Chief Justice
The Allahabad High Court last week DISMISSED a petition filed by an advocate under Section 15(1)(b) of the Contempt of Courts Act 1971 to initiate criminal contempt proceedings against Justice Sunita Agrawal (former Judge, Allahabad HC; presently, Chief Justice, Gujarat High Court). A bench of Justice Rajiv Gupta and Justice Surendra Singh-I termed the petition...
Allahabad HC Notes 'Trend' Of Filing Of Fresh FIRs Against Accused To Create Grounds For Bail Cancellation
The Allahabad High Court recently noted a 'trend' in which fresh FIRs/complaints are filed against an accused after he has been granted anticipatory/regular bail to create grounds for the cancellation of the bail. A bench of Justice Subhash Vidyarthi observed thus while dealing with a plea filed seeking cancellation of anticipatory bail granted to the accused (by the HC in...