Allahabad High Court
UP Anti-Conversion Law Won't Achieve Its Purpose If Prosecutions Under 2021 Act Are Frequently Interfered With: Allahabad HC
The Allahabad High Court has observed that the UP Anti-Conversion Law, enacted in 2021, will fail to achieve its intended purpose if the courts frequently interfere with prosecutions under the Act at their initial stage. Emphasizing that such interferences, especially at the initial stages of legal proceedings, could undermine the effectiveness of the law, a bench of Justice JJ Munir...
Investigation Into Non-Cognizable Offence Sans Magistrate's Permission Is Illegal; Subsequent Nod Is Immaterial: Allahabad HC
The Allahabad High Court has observed that the investigation of a non-cognizable offence by the police without prior permission of the competent Magistrate is illegal, and subsequent permission by the Magistrate cannot cure this illegality. Referring to the provision under sub Section (2) of Section 155 of CrPC, a bench of Justice Shamim Ahmed noted that asking permission of the Court...
1982 Murder Case | 'Faulty' Investigation, 'Contradictions' In Testimonies Of PWs: Allahabad HC Upholds Acquittal Of 3 Accused
The Allahabad High Court recently upheld the acquittal of the 3 accused in a 1982 murder case, noting that the faulty investigation in the matter had cast a serious dent in the entire prosecution case. A bench of Justice Rajiv Gupta and Justice Shiv Shanker Prasad also noted several contradictions in the testimonies of P.W.-1 and P.W.-2, which, according to the Court, raised a...
'Sexual Offences' Under IPC Are Women-Centric To Protect Dignity & Honour But Male Partner Not Always At Fault: Allahabad High Court
The Allahabad High Court recently upheld the acquittal of a man accused of rape, emphasizing that while laws on sexual offences are rightly women-centric, it does not mean that the male partner is always at fault. A Division Bench comprising Justices Rahul Chaturvedi and Nand Prabha Shukla noted that the burden of proof in such cases lies with both the complainant and the accused.The...
Allahabad HC Pulls Up Dy. Commissioner Of Police For Directing Further Investigation In A Case Sans Magistrate's Nod, Seeks Explanation
The Allahabad High Court last week pulled up the Deputy Commissioner of Police, Central NOIDA, Gautambudh Nagar, for directing a further investigation in a criminal case, in which a chargesheet had already been filed and cognizance taken, without obtaining the leave of the concerned Magistrate. A bench of Justice JJ Munir and Justice Arun Kumar Singh Deshwal observed that after...
UP Recognised Basic School Rules: Allahabad HC Upholds Deemed Approval Of Docs Submitted By Appointee If No Response From Authority Within 30 Days
The Allahabad High Court, while examining the case of appointment of a principal, has held that if documents sent for approval to the Basic Shiksha Adhikari (BSA) are not approved within a period of 30 days, then as per Rule 10 of the U.P. Recognised Basic School Rules, 1978, they shall be held to have been approved.“It has not been disputed that the documents were sent for approval and after...
Restrictions On Grant Of Bail U/S 37 NDPS Act Do Not Apply To Constitutional Courts: Allahabad High Court
The Allahabad High Court has observed that the restrictions on the grant of bail contained under Section 37 of the Narcotic Psychotropic Substances Act, 1985 (NDPS Act) only apply to the special courts dealing with NDPS cases and do not apply to the Constitutional Courts (High Courts and Supreme Court). “I am of the considered view that the restrictions contained in Section 37 of...
Lawyers To Ensure Dignity Of Court Even When Challenging Its Order: Allahabad High Court Deprecates Disrespectful Drafting Of Review Application
The Allahabad High Court has deprecated the practice of disrespectful drafting of review applications which lower the dignity of the Court.While hearing a review application against his earlier order, Justice Subhash Vidyarthi observed,“Although a litigant is well within its right to challenge the validity of any order in accordance with the law and in case the order suffers from an error...
Person Seeking Compassionate Appointment Can't Be Given Second Chance To Qualify Physical Efficiency Test After Having Failed Once: Allahabad High Court
The Allahabad High Court has held that no second chance can be granted to a person seeking compassionate appointment for qualifying the Physical Efficiency Test, having failed it in the first try.Holding that compassionate appointment is not an alternate source of recruitment, the bench comprising of Justice Mahesh Chandra Tripathi and Justice Anish Kumar Gupta held that “It is essentially...
State Machinery Should Cancel Licence Of Journalists Involved In Blackmailing, Anti-Social Acts: Allahabad High Court
The Allahabad High Court recently said the State Machinery should cancel the licenses of journalists who are involved in anti-social activities like blackmailing the common man to get financial benefits in the garb of their licenses. A bench of Justice Shamim Ahmed made this observation while refusing to quash criminal proceedings against two persons, a journalist and...
Beneficiaries Of Waqf To Be Impleaded In Matters Related To Sale Of Waqf Property: Allahabad High Court
The Allahabad High Court has held that the beneficiaries of a Waqf have the right to be impleaded in matters relating to the sale of property of the Waqf. Justice Jaspreet Singh held that such beneficiaries were covered by the concept of necessary and proper parties under Order 1 Rule 10(2) of the Code of Civil Procedure.The Court held that “where a mutawalli was seeking the permission...
Complete Penetration With Emission Of Semen & Rupture Of Hymen Not Necessary To Constitute Rape: Allahabad HC
The Allahabad High Court has observed that to constitute an offence of rape, complete penetration of the penis with emission of semen and the rupture of the hymen is not necessary. Observing thus, a bench of Justice Rajesh Singh Chauhan rejected the bail petition of a man accused of committing rape and oral sex with a 10-year-old girl. As per the case of the prosecution, the...