Allahabad High Court Rejects An Advocate's PIL Against Centre's Mandatory FASTag Policy

Earlier this month, the Allahabad High Court rejected a Public Interest Litigation (PIL) plea moved by an advocate challenging the central government's decision to declare all the lanes in the Fee Plaza at Highways as FASTag lanes. A bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar observed thus: “…(this) decision apparently cannot be faulted in view of fast...

In-Person Petitions To Allahabad High Court Can Be Filed From District Courts' E-Service Centres, Photo Identity Verification To Be Removed

In a reply to an application filed by Advocate K.C. Jain under the Right To Information Act, 2005, the Registrar, Central Public Information Officer, Allahabad High Court has stated that those petitioners seeking to appear “in person” can e-file their petitions from district courts' eSewa Kendras. It has been stated that the option for photo identity verification of such petitioners...

UP 'Anti-Conversion' Law Seeks To Sustain Spirit Of Secularism; Religious Freedom Doesn't Include Collective Right To Proselytize: Allahabad HC

Last week, the Allahabad High Court observed that the purpose of the UP Prohibition of Unlawful Conversion of Religion Act, 2021, is to guarantee religious freedom to all persons, reflecting India's social harmony and spirit. The objective of this Act is to sustain the spirit of secularism in India. A bench of Justice Rohit Ranjan Agarwal further said that while the...

Since BNS, BNSS Have Been Enacted, Allahabad High Court Disposes PIL Challenging Validity Of IPC, CrPC And Other Criminal Laws

Recently, the Allahabad High Court disposed of a public interest litigation wherein the petitioner sought a declaration that the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973 and other criminal laws were violative of Article 13 and 21 of the Constitution of India.Petitioner appearing in person argued that the laws were non-reformative and more punishment oriented.The...

S.19 HMA | Family Court Can Only Decline Jurisdiction Upon Objection Of Opposite Party Or On Transfer Order By Superior Court: Allahabad HC

The Allahabad High Court has held that if Family Courts at two places have concurrent jurisdiction over divorce proceedings, one of them can only decline entertaining such petition on grounds of jurisdiction if specific objection is pressed by the other side or an order transferring the proceedings has been passed by a superior court.Section 19 of the Hindu Marriage Act, 1955 vests...

'Umrah' Is A Journey Of Devotion To Allah: Allahabad HC Permits Woman Accused In A Cheating Case To Travel To Saudi Arabia

The Allahabad High Court last week permitted a woman accused in a cheating and forgery case to travel to Saudi to perform the Umrah pilgrimage. “Umrah is a journey to Muslim's most sacred place. 'Umrah' is known as minor pilgrimage while 'Hajj' is the main pilgrimage. 'Umrah' is considered as a journey to holiest place of Muslim's and a journey of devotion to Allah,” a...

Light Of Constitutional Liberties Not Reaching Undertrials Behind Dark Walls Of Prisons: Allahabad HC Stresses On Need For Timely Legal Aid

The Allahabad High Court recently took note of the lack of legal aid, particularly for impoverished/indigent prisoners, observing that the denial of the same results in prolonged detention and a significant deprivation of liberties for those unable to access legal assistance. Expressive concern over the situation, a bench of Justice Ajay Bhanot remarked “that while the...

Allahabad HC Rejects PIL Seeking Clarification From UP Govt That It Isn't Working Under BJP's Command

Allahabad HC Rejects PIL Against Dy. CM Keshav Maurya's 'Party Is Bigger Than Government' Remark

Certified Copy Of Lease Rent Agreement Is Admissible Evidence In Small Causes Court: Allahabad High Court

The Allahabad High Court has held that a certified copy of a Lease Rent Agreement is admissible evidence in proceedings before the Small Causes Court as it is a 'public document' under the Indian Evidence Act, 1872.Justice Ashutosh Srivastava held that “certified copy of the Lease Agreement is a Public Document, as contemplated under Section 74 of the Indian Evidence Act, 1972 and in terms...

[S.18 Limitation Act] Liability Must Be Acknowledged Within Limitation Period For Extension Of Limitation: Allahabad High Court

The Allahabad High Court held that if the claim under the Micro, Small and Medium Enterprises Development Act, 2006 is not filed within limitation, the same cannot be raised upon acknowledgment of the liability by the other party after expiry of limitation.Section 18 of the Limitation Act provides that where a party acknowledges its liability within the period prescribed for filing a suit...

What Actions Can ECI Take If A Candidate/Political Party Holds Caste-Based Rally After MCC Kicks In? Allahabad HC Asks

On Wednesday, the Allahabad High Court asked the Election Commission of India (ECI) to clarify its authority and the actions which it can take against a political party or candidate found violating the Model Code of Conduct (MCC) by holding caste-based political rallies. “Shri O.P. Srivastava, learned Senior Counsel (appearing for the ECI) shall address the Court on the next date as...

Allahabad HC Directs UP Bar Council To Consider Holding Elections In All District Bar Associations On Same Day

The Allahabad High Court has directed the UP Bar Council to decide whether to hold elections in all district bar associations in the state on the same day in the greater interest of the advocates. “…(it) will prevent many disputes pertaining to elections then it should consider issuing necessary orders/ resolutions in this regard making it binding upon all...