Allahabad High Court
'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...
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...
Allahabad High Court Quashes FIR Lodged By A 'Ghost', Slams IO For Investigating, Filing Chargesheet In The Matter
Recently, the Allahabad High Court encountered an unusual case involving cheating and forgery, wherein an FIR was supposedly filed by a dead person in 2014, almost three years after his death. The case perplexed a bench of Justice Saurabh Shyam Shamshery as it noted that the police had even investigated the case based on the dead person's statement. Expressing shock over the same,...
PIL In Allahabad HC Against ECI For 'Inaction' On Congress' 'Ghar Ghar Guarantee' Scheme Launched Ahead Of 2024 LS Polls
A Public Interest Litigation (PIL) plea has been filed in the Allahabad High Court against the Election Commission of India (ECI) over its alleged inaction to act against the Indian National Congress (INC) for launching its much debated 'Ghar Ghar Guarantee' scheme/campaign [colloquially also referred to as the 'Khatakhat Scheme'] ahead of the 2024 Lok Sabha Elections.Congress...
1993 'Dowry Death' Case | Allahabad HC Upholds Acquittal Of 3 Accused Based On 'Suspicious' Viscera Examination Report
The Allahabad High Court last week upheld the acquittal of three accused in the 1993 alleged dowry death case, citing concerns over the reliability of the viscera examination report. The court found the report 'suspicious', leading to doubts about the prosecution's evidence. Upholding the trial court's 1997 Judgment and order acquitting the accused, a bench of Justice Siddhartha...
1978 Murder Case | Circumstances Alleged Against Accused Not Proved Satisfactorily: Allahabad HC Upholds Acquittal Order
The Allahabad High Court on Monday upheld the acquittal of an accused in a 1978 murder case, noting that many circumstances alleged against the accused had not been proved satisfactorily by the prosecution. A bench of Justice Rajiv Gupta and Justice Surendra Singh-I also noted that direct evidence of murder in the form of a statement of PW4 was not reliable, the Motive had...
Failure To Cohabit For A Year After Decree Of Restitution Of Conjugal Rights Entitles Decree Holder To Dissolution Of Marriage: Allahabad HC
While upholding a decree of dissolution of marriage for a couple who had lived separately for 40 years, the Allahabad High Court held that even if the husband had sought a decree for restitution of conjugal rights, upon failure to cohabit for a period of one year after the grant of such decree, the husband could seek dissolution of marriage.Section 13 (1A) (ii) of the Hindu Marriage Act,...