Allahabad High Court
Allahabad HC Initiates Suo Moto PIL Over Vacancies In UPREAT Following 'Suspension' Of Tribunal's Functioning
The Allahabad High Court has initiated a suo moto Public Interest Litigation (PIL) of significant importance, concerning the appointment of members in the Real Estate Appellate Tribunal at Lucknow and the functioning of Tribunals in general, including filling up the vacancies therein. The Allahabad High Court's decision has been prompted by the Real Estate Appellate...
'Matter Requires Consideration': Allahabad HC Issues Notice Over PIL For Annual Audit Of Oudh Bar Association's Accounts
The Allahabad High Court has issued notice to the Oudh Bar Association High Court, Lucknow, in a Public Interest Litigation (PIL) plea seeking a mechanism for conducting a smooth and transparent annual Audit of the Association's accounts. Noting that the matter requires consideration, a division bench of Justice Rajan Roy and Justice Om Prakash Shukla issued notice and posted the...
Magistrates Acting Like Post Office While Directing Registration Of FIR: Allahabad High Court Issues Guidelines
The Allahabad High Court has observed that the Magistrates are acting like a “post office” while directing registration of FIRs against the mandate of the Supreme Court in Lalita Kumari Vs. State of U.P.Noting that various petitions were being filed in the Allahabad High Court seeking quashing of FIRs registered under Sections 406, 420, 467 and 471 IPC against people when the actual...
Petitions For Expeditious Disposal Of Cases Can't Be Allowed Routinely, Must Show Extraordinary Circumstances: Allahabad High Court
While deciding a petition under Article 227 of the Constitution for expeditious disposal of case before the Family Court, the Allahabad high Court observed that directions to the Trial Courts cannot be passed routinely to decide cases expeditiously as they are burdened with heavy dockets themselves. The Court held that such petitions for expeditious disposal must only be allowed if extra...
Allahabad High Court Denies Renewal Of Future License To Liquor Shop Which Predates School In Its Proximity
Recently, while entertaining a Public Interest Litigation filed by an LKG student, the Allahabad High Court denied renewal of the liquor license to a country liquor shop as it was situated very close to a school, even though the liquor shop predated the school.“The mere fact that the shop has been used as a liquor shop in a financial year prior to the school came into existence, is...
Allahabad HC Grants Bail To 4 Persons Accused Of Issuing Fraudulent Halal Certificates, Hurting Religious Sentiments
The Allahabad High Court has granted bail to four office bearers of the 'Halal Council of India' (HCI), an organisation that has been accused of issuing fraudulent Halal certificates without the authority of law and thereby hurting religious sentiments. Those granted bail are Habib Yusuf Patel (president of the council), Muidshir Sapadia (vice president), Mohammed Tahir Zakir...
Allahabad High Court Weekly Round-Up: May 6 – May 12, 2024
NOMINAL INDEX Aniket Dixit vs. State of U.P. 2024 LiveLaw (AB) 285 Rafique Ansari vs. State of U.P. and Another 2024 LiveLaw (AB) 286 Baba Global Limited v. Director Rajya Krishi Utpadan Mandi Parishad And Others 2024 LiveLaw (AB) 287 Mohd. Asgar Ali v. Union Of India Through Home Secy. and others 2024 LiveLaw (AB) 288 State of U.P. vs. Hirdai Narain And Others 2024...
[Arbitration Act] Once Arbitral Tribunal In Place, Court's Consideration Of Section 9 Application Should Be Limited: Allahabad High Court
The Allahabad High Court bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar held that the question as to the consideration of the grounds, upon which the application under Section 9 of the Arbitration and Conciliation Act, 1996 is based can only arise when it is being considered by the Court on the merits, i.e., when the court is called upon to apply its mind to the...
Allahabad HC Issues Notice On PIL To Revoke Censor Certificate Of Telugu Movie's Dubbed Hindi Version For Dialogue On Bihar People
The Allahabad High Court (Lucknow Bench) has issued a notice to the Central Board of Film Certification (CBFC) in a Public Interest Litigation (PIL) plea seeking the cancellation of the censor certificate issued to the dubbed Hindi version of the 2015 Telugu movie 'Dhee Ante Dhee' (named 'Taaqatwar Policewala') for alleged dialogue against the people of Bihar. A bench of Justice...
Bride, Groom Should Maintain List Of Gifts Received At Marriage To Prevent Subsequent False Allegations Of Dowry: Allahabad High Court
The Allahabad High Court has held that maintaining a list of gifts received by the bride or bridegroom at the time of marriage as prescribed under Section 3(2) of the Dowry Prohibition Act, 1961 is important to prevent false allegations of dowry at the time of subsequent disputes.“The maintenance of the list is also important so that both the parties to the marriage and their family members...
Irked At Delays, Allahabad HC Directs Expeditious Disposal Of Pending Compensation Applications Of Sexual Assault Survivors In UP
Expressing its serious displeasure at the delays in compensating sexual assault survivors in Uttar Pradesh, the Allahabad High Court has directed the District Legal Service Authority (DLSA) across the state to make all efforts to dispose of such pending applications expeditiously. A bench of Justice Vivek Kumar Birla and Justice Syed Qamar Hasan Rizvi issued this direction while...
UP Amendment To S. 438 CrPC Doesn't Bar Grant Of Anticipatory Bail To Accused Booked U/S 376(3) IPC: Allahabad HC
The Allahabad High Court has held that the Criminal Procedure Code (Uttar Pradesh Amendment) Act, 2018 which revived the provision of anticipatory bail (Section 438 CrPC) in the State (with effect from June 6, 2019), doesn't bar the grant of PRE-ARREST BAIL to an accused booked for an offence under subsection (3) of Section 376 IPC. A bench of Justice Shekhar Kumar Yadav observed...