Allahabad High Court
Victim's Testimony 'Unreliable', She Appears To Be A Consenting Party: Allahabad High Court Acquits Man In 1984 Rape Case
Citing the unreliability of the victim's testimony, the Allahabad High Court last week acquitted a man who had been found guilty by the trial court (in 1986) of raping an alleged minor girl in January 1984 and was sentenced to undergo 10 years of rigorous imprisonment. A bench of Justice Mohd. Faiz Alam Khan observed that the trial court had committed patent illegality in accepting...
Statement Of Contractor Without Supporting Material Not Enough To Declare Transaction Benami: Allahabad HC Quashes Benami Transaction Proceedings
The Allahabad High Court has held that mere statement of the contractor doing construction work cannot be relied upon to declare such construction as benami transaction under the Prohibition of Benami Property Transactions Act, 1988. The Court held that “reasons to believe” in Section 24(1) of the Act must be based on cogent and relevant material.Section 24(1) of the Prohibition of...
Arbitration Act Aims For Speedy Redressal, Delay In Filing Appeal Can Only Be Allowed If Party Makes Very Strong Case For Delay: Allahabad High Court
The Allahabad High Court single bench of Justice Shekhar B Saraf held that the Arbitration Act is a legislation for speedy redressal. Therefore, the delay in filing the appeal can only be allowed if the Appellant makes out a very strong case and explains the reasons for the delay. The High Court held that the Appellant didn't provide specific reasons for the delay or provide any document...
Cyber Crime | Bank Officials Under An Obligation To Cooperate In Criminal Investigations: Allahabad High Court
The Allahabad High Court has observed that bank officials must cooperate fully in criminal investigations of cybercrimes. “Bank officials are expected to be law-abiding citizens who are under an obligation of law to cooperate in criminal investigations being conducted by the police,” a bench of Justice Ajay Bhanot observed while allowing a second bail plea filed by one Alok Jha,...
Persons With Criminal Background Pollute Election Process; If Elected, They Pose A Serious Threat To Democratic System: Allahabad HC
While granting bail to former MP Dhananjay Singh in connection with a kidnapping and extortion case (of a Namami Gange project manager), the Allahabad High Court took a strong stance on the issue of candidates with criminal backgrounds participating in elections. In its 35-page order refusing to stay his conviction, Justice Sanjay Kumar Singh also highlighted the dangers posed...
Allahabad HC Grants Bail To Ex-MP Dhananjay Singh In Abduction & Extortion Case, Refuses To Stay Conviction
The Allahabad High Court on Saturday granted bail to former MP Dhananjay Singh in connection with a kidnapping and extortion case (of a Namami Gange project manager). The Court, however, refused his plea to suspend or stay his conviction. Singh and his associate Santosh Vikram Singh were sentenced to 7 years imprisonment by an MP/MLA court last month. Challenging their conviction,...
Allahabad HC Mulls To Initiate Suo Moto PIL Over Non-Execution Of Recovery Certificates Issued By RERA
The Allahabad High Court has called for a personal affidavit of the District Magistrate, Lucknow, for the non-execution of recovery certificates issued by the Real Estate Regulatory Authority (RERA). The Court observed that several cases have been filed and orders passed by the High Court; however, no mechanism for dealing with the execution certificates issued by the RERA has been put...
Service As Work Charge Later Regularized Can Be Considered For Qualifying Service For Pension, Not For Computation Of Pension: Allahabad High Court
The Allahabad High Court has held that services rendered by an employee as a daily wager cannot be taken as qualifying service for pension/ calculating pension amount. It has been held that when employee was rendering services as work charge and was later regularized, period served as work charge must be counted for qualifying services for pension. The bench comprising of...
Allahabad High Court Initiates Suo Moto PIL For Protection Of Defence Land Against Encroachment At Ayodhya
The Allahabad High Court has taken suo moto cognizance of the issue regarding the alleged encroachment and unauthorized occupation of defence land in Ayodhya, a city revered for its cultural and religious significance in UP. The court was drawn to the issue when a practising advocate at the Civil Court in Ayodhya filed a Public Interest Litigation (PIL) plea alleging encroachment...
Court Under Section 19 Of MSMED Act, 2006 Empowered To Allow Predeposit In Installments: Allahabad High Court
The Allahabad High Court division bench of Chief Justice Arun Bhansali and Justice Jaspreet Singh held that expression “in the manner directed by such court” in Section 19 of the Micro, Small And Medium Enterprises Development Act, 2006 gives the discretion to the court to allow the predeposit to be made, if felt necessary, in installments also. Section 19 of the...
Allahabad HC Initiates Suo Motu PIL On Open Manholes & Ducts In Lucknow, Takes Note Of 8 Y/O Child's Death
Taking note of a 'Times of India' newspaper report about a tragic incident where an 8-year-old child lost his life after falling into an open manhole in Lucknow, the Allahabad High Court has initiated a suo moto Public Interest Litigation (PIL) to address the issue of open manholes and ducts within the municipal limits of the city. The incident was brought to the note of a bench...
Will Take Decision On COVID Norms Violation Case Against Akhilesh Yadav & Jayant Chaudhary By June 2024: UP Govt To High Court
The Uttar Pradesh government has informed the Allahabad High Court that it will decide whether to continue criminal proceedings (in the COVID Violation case) against ex-UP CM and Samajwadi Party Chief Akhilesh Yadav, Rashtriya Lok Dal Chief Jayant Chaudhary, and Ex-Chhattisgarh CM and Congress leader Bhupesh Baghel by the end of June 2024 once the election Model Code of Conduct (MCC)...