Allahabad High Court
Allahabad High Court Monthly Tax Digest: May 2024
NOMINAL INDEX Mr. Pranay Dhabhai v. State Of U.P. And 2 Others 2024 LiveLaw (AB) 299 Mentha And Allied Products Ltd vs. State Of U.P. And 3 Others 2024 LiveLaw (AB) 300 Satish Kumar Bansal Huf v. National Faceless Assessment Centre Nafac And Another 2024 LiveLaw (AB) 301 M/S K Y Tobacco Works Pvt. Ltd. vs. State Of U.P. And 4 Others 2024 LiveLaw (AB) 319 M/S Rajshi...
Prosecution Failed To Prove Chain Of Incriminating Circumstances: Allahabad HC Upholds Acquittal In 42 Year Old Murder Case
The Allahabad High Court has upheld the acquittal of an accused in a 42-year-old murder case, emphasising that the prosecution miserably failed to prove the chain of circumstances leading to the guilt of the accused respondent.The Court also stressed that to attract the provision of Section 106 of the Evidence Act, the prosecution must prove that a fact was especially in the knowledge...
Use Of Blank Printed Proforma For Passing Judicial Order Is Unacceptable: Allahabad HC Sets Aside Cognizance & Summoning Order
The Allahabad High Court recently observed that the use of blank printed proforma for passing the judicial order by the Magistrate is unacceptable, being indicative of nonapplication of judicial mind in passing the order. “While passing any judicial order including the order taking cognizance on the charge-sheet, the Court is required to apply judicial mind and the order...
Court Can't Add Or Subtract Sections In Police Report While Taking Cognizance Of Offences U/S 190 CrPC: Allahabad HC
The Allahabad High Court has observed that the offences cannot be added or subtracted by the concerned Magistrate or Judge in the police report when they are being considered under Section 190 CrPC. A bench of Justice Manoj Bajaj reasoned that at the stage of taking cognisance of offences based on the police report, no hearing is provided to the complainant or the accused and...
'Highly Dangerous To Convict Him On This Kind Of Evidence' Allahabad HC Acquits Man In 46 Year Old Murder Case
While underscoring the critical importance of robust and credible evidence in securing convictions, the Allahabad High Court recently acquitted a man previously convicted of murder in a case dating back 46 years. “We think it is highly dangerous to convict the appellant on this kind of evidence when there are strong circumstances to show that the testimony of the sole eyewitness...
Gravity Of Offence Not A Relevant Consideration While Dealing With Bail Plea Of Juvenile Accused: Allahabad HC
The Allahabad High Court has observed that the gravity of the offence is not a relevant factor in granting bail to a juvenile under the Juvenile Justice (Care and Protection of Children) Act, 2015. Perusing Section 12 of the Act, which lays down three contingencies in which bail may be refused to a juvenile offender, the Court noted that the Gravity of the offence has not been...
Accused's Act Of Absconding Alone Doesn't Establish His Guilt: Allahabad HC Sets Aside Conviction In 25 Year Old Murder Case
Setting aside a conviction in a 25-year-old murder case, the Allahabad High Court has observed that only on the basis of the absconding of the accused, he cannot be held to be guilty. A bench of Justice Rajiv Gupta and Justice Shiv Shanker Prasad observed that although the conduct of an accused may be a relevant fact under Section 8 of the Indian Evidence Act, the same, by itself,...
Kshetriya Shri Gandhi Ashram Not State Under Article 12, Writ Petition Not Maintainable Against It: Allahabad High Court
The Allahabad High Court has held that a writ petition is not maintainable against the Kshetriya Shri Gandhi Ashram as it is not state under Article 12 of the Constitution of India as there is no statue regulating the functions of the Ashram or empower State to control its affairs.Justice J.J. Munir relied on the decisions in Suresh Ram v. State of U.P. and Ram Bachan Singh v. Chief...
'Documents Forged': Allahabad HC Dismisses NEET Aspirant's 'Torn OMR Sheet' Plea, NTA Mulls Action Against Her
The Allahabad High Court on Tuesday DISMISSED (being not pressed) a writ petition moved by a NEET aspirant (Ayushi Patel) after it was revealed that she submitted forged documents in her petition alleging the NTA failed to declare her result. In her plea, the candidate also claimed that her OMR answer sheet was torn. A bench of Justice Rajesh Singh Chauhan dismissed the...
[U.P. Recognised Basic School Rules] Employee Shall Be Entitled To Pay If Initial Approval Of Appointment Not Recalled: Allahabad High Court
The Allahabad High Court has held that under the U.P. Recognised Basic School Rules (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978, an employee shall be considered to be in service and entitled to his pay if no adverse action or order of termination is issued against him.“The salary of the petitioners cannot be withheld or stopped unless the...
Administrators Often Lose Objectivity When Visited With Judicial Command: Allahabad HC On Rejection Of Compassionate Appointment Claim After Filing Of Writ
While dealing with a case of compassionate appointment, the Allahabad High Court has observed that “Administrators must not panic or retaliate when faced with a judicial command, asking them to perform their duties. Sadly, they often do.”The Court observed that the Authorities, in the case of the petitioner, had passed the order rejecting the application for compassionate appointment...
Allahabad High Court Monthly Digest: May 2024 [Citations: 280-366]
NOMINAL INDEXAbbas Ansari vs. State Of U.P. Thru. Prin. Secy. Home Lko. 2024 LiveLaw (AB) 280 Jagdish And 4 Others vs. State Of Up And 4 Others 2024 LiveLaw (AB) 281 Eklavya Educational Foundation And Another vs. Union Of India And 2 Others 2024 LiveLaw (AB) 282 Nisha vs. State of U.P. and Another 2024 LiveLaw (AB) 283 Muneer Alam vs. State Of U.P. Thru. Prin. Secy....