Allahabad High Court
'No Intention To Cause Bodily Injuries; Single Blow In Sudden Provocation Proved Fatal': Allahabad HC Converts Murder Conviction To S.304 (II) IPC
The Allahabad High Court on Monday modified the conviction of a man, who stabbed the deceased in the abdomen with a chhuri (dagger), from Section 302 (Murder) to Section 304 Part II (Culpable Homicide Not Amounting to Murder) of the IPC. The court observed that the accused's intention was to intimidate the deceased by brandishing the chhuri, and not to inflict bodily harm. However,...
Allahabad High Court Stays Demand Of Rs. 47 Crores Service Charge Against IIT Rorkee
Recently, the Allahabad High Court has granted interim relief to Indian Institute of Technology, Roorkee against the demand of service charge amounting to Rs. Rs. 47,06,67,775/- raised by the Municipal Corporation, Saharanpur.The Municipal Commissioner, Municipal Corporation, Saharanpur, raised certain demand notices against IIT Rorkee imposing service charge of Rs. 3,26,43,795/- per...
Barred By Limitation? : Allahabad HC Reserves Order On Maintainability Of Maneka Gandhi's Plea Against Sultanpur MP's Election
The Allahabad High Court (Lucknow Bench) on Monday reserved its order on the maintainability of the plea moved by Senior BJP leader, former MP and Cabinet Minister Maneka Gandhi challenging the election of Samajwadi Party MP Ram Bhuwal Nishad from the Sultanpur Lok Sabha constituency.A bench of Justice Rajan Roy reserved orders after hearing Senior Advocate Siddharth Luthra (appearing for...
Allahabad High Court Grants Relief To Transwoman Alleging Harassment By Other Transgender Community Members
Recently, the Allahabad High Court granted relief to a trans woman who had approached the Court alleging that other transgender community members were harassing her in the city of Saharanpur. Hearing her writ petition, a bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh directed the District Magistrate of Saharanpur to ensure that the petitioner is not illegally...
Petition U/S 482 CrPC Not Maintainable For Challenging Proceedings U/S 12 Domestic Violence Act: Allahabad High Court
The Allahabad High Court has said that a petition under Section 482 CrPC challenging the proceedings under Section 12 of the Domestic Violence Act 2005 (DV Act) is not maintainable. A bench of Justice Om Prakash Shukla held thus, heavily relying upon the rulings of the Supreme Court (in Kamatchi vs Laxmi Narayanan, 2022 LiveLaw (SC) 370) and the Madras High Court (in Arul Daniel...
Cheating In Govt Exams Undermines Principles Of Meritocracy, Equal Opportunities; Must Be Dealt With Stern Hands: Allahabad HC
The Allahabad High Court recently said that cheating in government exams undermines the principles of meritocracy and equal opportunities. Thus, such acts must be dealt with sternly, as their effects are not limited to an individual but impact society as a whole. A bench of Justice Rohit Ranjan Agarwal observed this while denying bail to Amit Kumar, who has been accused of...
Personal Hearing Must Be Given When Specifically Asked By Assesee Before Passing Order U/S 148A(d) Income Tax Act: Allahabad High Court
The Allahabad High Court has held that when the assesee has asked for opportunity of personal hearing and relevant documents, both should be provided prior to passing orders under Section 148 A(d) of the Income Tax, 1961. Petitioner and his brother run separate businesses, however they acquired a shop together. The shop was subjected to search and seizure under the Income Tax Act...
Confederation Of Real Estate Developers Of India Withdraws PIL Against Farmers Protest From Allahabad High Court, To Pursue Appropriate Remedy
On Monday, Confederation of Real Estate Developers of India (CREDAI) withdrew its public interest litigation from the Allahabad High Court seeking direction to New Okhla Industrial Development Authority and Greater Noida Industrial Development Authority for safe egress and ingress to public at large in their offices and to demarcate a place for protesting farmers after obtaining...
Krishna Janmabhumi Case | Its 'Religious Character' To Be Determined In Trial; Govt's 1920 Notification Indicates Pre-Aurangzeb Temple Existence: Allahabad HC
In a significant verdict, the Allahabad High Court today DISMISSED the Order 7 Rule 11 CPC petition filed by the Mathura-based Shahi Eidgah (mosque) committee challenging the maintainability of 18 suits filed by Hindu worshipers and deity Shri Krishna Virajman, in connection with the Krishna Janmabhoomi-Shahi Eidgah Mosque dispute in Mathura. A bench of Justice Mayank Kumar Jain...
BREAKING | Krishna Janmabhumi Dispute: Suits Of Hindu Worshippers & Deity Maintainable, Says Allahabad HC; Rejects Masjid Committee's Challenge
In a significant ruling with potential implications for the pending suits before the Allahabad High Court regarding the Krishna Janmabhoomi-Shahi Eidgah Mosque dispute in Mathura, the High Court today DISMISSED the plea of Shahi Idgah Masjid filed under Order 7 Rule 11 CPC. This plea challenged the maintainability of 18 suits filed by the deity and Hindu worshippers.With this decision, a bench...
Upon Retrospective Regularization, Employee Entitled To Benefits Other Than Salary Arrears Retrospectively Unless Specifically Barred: Allahabad HC
The Allahabad High Court has held that in cases of retrospective regularization, the employee shall be entitled to benefits such as time scale, selection pay, ACP benefits, etc. retrospectively, unless the order regularizing him specifically bars the time period mentioned therein from being counted.It was further held that even otherwise, if retrospective regularization restores...
Severe Depression With Anxiety Disorder Life Threatening: Allahabad High Court Directs Employer To Reconsider Voluntary Retirement Application
Recently, the Allahabad High Court has directed reconsideration of an employee's application for voluntary retirement on grounds of severe depression with seven anxiety neurosis. The Court held that forcing the petitioner to continue working in her situation where her life may be endangered is violative of Article 21 of the Constitution of India.Petitioner was serving at Malkhan Singh...