Allahabad High Court
Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged By Filing A Plea U/S 482 Of CrPC: Allahabad HC Reiterates
The Allahabad High Court has reiterated that in cases where an appeal against an order would lie under Section 14A of the SC/ST (Prevention of Atrocities) Act, 1989, the aggrieved person cannot invoke the inherent jurisdiction of the High Court under Section 482 CrPC to challenge that order. Perusing the mandate of Section 14-A of the Act, a bench of Justice Subhash...
Petition U/S 483 CrPC Seeking Direction To Family Court For Expeditious Disposal Of S. 125 CrPC Plea Is Maintainable: Allahabad HC
The Allahabad High Court has held that an application filed under Section 483 CrPC seeking a direction to the Family Court to expedite the disposal of an application under Section 125 CrPC, would be maintainable. A bench of Justice Subhash Vidyarthi clarified that while deciding an application under Section 125 CrPC, the Family Court exercises the jurisdiction of a...
Cheques Of Erstwhile 'Allahabad Bank' Invalid After Sept 30 2021, Their 'Dishonor' Won't Attract Offence U/S 138 NI Act: Allahabad HC
The Allahabad High Court has ruled that cheques from the erstwhile 'Allahabad Bank' (which merged with 'Indian Bank' on April 1, 2020) became 'invalid' after September 30, 2021. Consequently, the dishonour of such cheques will not constitute an offence under Section 138 of the Negotiable Instruments Act. A bench of Justice Arun Kumar Singh Deshwal observed thus in light of the...
Adult's Right To Solemnise Marriage Or Live With Person Of Choice Protected Under Article 21: Allahabad High Court
In a significant remark, the Allahabad High Court has recently said that no one can restrain an adult from going anywhere that he/she likes, staying with a person of his/her choice, or solemnizing marriage according to his/her will or wish as “this is a right which flows from Article 21 of the Constitution” Observing thus, a bench comprising Justice J.J. Munir and Justice Arun...
[Commercial Courts Act] Disputes Related To Immovable Property Used Exclusively For Trade Are 'Commercial Disputes: Allahabad High Court
The Allahabad High Court, while considering the case of a hotel, has held that a dispute related to an immovable property that is used exclusively for the purpose of trade or commerce would fall under the ambit of a 'Commercial Dispute' under Section 2(1)(c)(vii) of the Commercial Courts Act, 2015.“Agreements relating to immovable property used exclusively in trade or commerce fall under...
Allahabad High Court Permits VC, Executive Council Members Of KGMC To Move Discharge Applications Before Contempt Court
Recently, while dealing with a special appeal against issuance of notices by the contempt Court, the Allahabad High Court permitted the Vice-Chancellor and Members of the Executive Council of King George's Medical University, Lucknow to move for discharge of notices before the Contempt Court since the contempt proceedings are still pending.Rule 5 of Chapter- XXXV-E of the Allahabad High...
Krishna Janmabhumi Dispute | Allahabad HC Reserves Verdict On Masjid Committee's Plea Challenging Maintainability Of 18 Suits
The Allahabad High Court on Thursday concluded the hearing and reserved its verdict on an application filed by Shahi Idgah Masjid (under Order 7 Rule 11 CPC) challenging the maintainability of 18 suits filed by the deity and the Hindu parties concerning Mathura's Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute.Though the Court reserved its verdict in the matter in the open court after...
Amid Discrepancy Claim, Allahabad HC Asks UPPSC To Produce PCS-J Candidate's Answer Sheets To Compare His Handwriting
The Allahabad High Court has directed the Uttar Pradesh Public Service Commission (UPPSC) to furnish answer sheets for 6 exams taken by a Judicial Service Civil Judge (Junior Division) (Mains) Examination candidate so that his handwriting can be compared. A bench of Justice Siddhartha Varma and Justice Manish Kumar Nigam passed this order while dealing with the candidate's...
Man Self Immolates After His Land 'Unauthorizedly' Occupied By Cops, Dies: Allahabad HC Mulls Constitution Of SIT
Dealing with a writ petition concerning the tragic death of a man who set himself on fire after his land was 'unauthorizedly' occupied by police persons in connivance with the revenue officials, the Allahabad High Court has asked the UP Government for names of senior police officers for constitution of a Special Investigation Team (SIT).Expressing its dissatisfaction with how the local police...
[Central Excise Act] Fixing Consecutive Dates of Hearing on Very Short Notice Violative of Opportunity of Hearing U/S 33A: Allahabad High Court
The Allahabad High Court has held that fixing consecutive dates of hearing within the period of a week would be violative of the opportunity of hearing as envisaged under Section 33A of the Central Excise Act, 1994.Section 33A of the Central Excise Act provides that opportunity of hearing be given to a party in a proceeding under the Act, if desired by them. Further, it lays down the...
[Matrimonial Dispute] Allahabad HC Orders Forensic Examination Of CDs Filed By Husband Alleging Wife's Involvement In Pornography
The Allahabad High Court recently directed a forensic examination of CDs/DVDs submitted by the husband, which allegedly contain sexual videos implicating his wife. The husband seeks to present this evidence supporting his suit for divorce filed under Section 13 of the Hindu Marriage Act, 1955, and a case under Section 25 of the Guardians and Wards Act, 1890, for the custody of his two...
'Dekhte Hi Goli Maar Di Jayegi' & 'Trespassers Will Be Shot' Signboards Outside Defence Stations Not Proper: Allahabad HC
The Allahabad High Court recently observed that putting messages like 'dekhte hi goli maar di jayegi' and 'trespassers will be shot' on signboards erected outside installations/stations is not proper and that the Central Government should use “light words” instead to convey such strict warnings. A bench of Justice Shekhar Kumar Yadav said that while it is true that trespassers...