Allahabad High Court
Money Laundering Case | Allahabad HC Quashes ₹2.5 Crore Deposit Condition Imposed For Grant Of Anticipatory Bail
The Allahabad High Court recently quashed a condition imposed by a Special Anti-Corruption Court on an accused in a money laundering case, directing her to deposit a staggering ₹2.5 crore to secure anticipatory bail. A bench of Justice Sanjay Kumar Singh granted relief to Meena Anand, taking note of the Supreme Court's various rulings against the imposition of onerous bail conditions.The...
Arbitration Is Hailed As A Faster Alternative To Traditional Litigation, But Reality In India Falls Short Of Object: Allahabad HC
The Allahabad High Court has held that interference in an arbitral award on grounds of violation of public policy can be done if it is against the substantive provisions of the Act.The Court held that interference in arbitral award under Section 37 of the Arbitration and Conciliation Act, 1996 on grounds of 'public policy' must be cautiously done as it can lead to excessive judicial review...
Arbitral Award Can't Be Challenged U/S 47 CPC In Execution Proceedings: Allahabad High Court Imposes ₹5 Lakh Cost On State
The Allahabad High Court has imposed a cost of Rs. 5 lakhs on the State of Uttar Pradesh for raising objections under Section 47 of CPC in execution proceedings under Section 36 of the Arbitration and Conciliation Act, 1996 on the grounds which were decided in application under Section 34 but were not raised in appeal under Section 37 of the 1996 Act.While dismissing the appeal, Justice...
'Clear Discrimination Based On Religion': Allahabad HC Summons Judicial Officer For Observations On Muslim Lawyers
The Allahabad High Court recently summoned a Judicial Officer after critiquing his remarks made in his orders “against a specific community”, deeming it a case of judicial misconduct. “It can be clearly inferred that the trial court had passed the order which is directly contrary to the terms of Article 15(1) as violating a specific constitutional prohibition. The learned Judge...
Allahabad High Court Grants Bail To Man Accused Of Abusing Lord Rama Considering His Unconditional Apology
Considering his unconditional apology tendered in the police station, the Allahabad High Court last week granted bail to one Riyaz alias Ovaisi, who has been accused of abusing Lord Rama on Facebook. A bench of Justice Sameer Jain granted him the relief while noting that the accused does not have any prior criminal record and has been in custody since January 28, 2024. The Court...
Victim's False Depiction As A Minor Is Abuse Of Court Process: Allahabad HC Mandates Prompt Age Determination Report Filing In POCSO Cases
In a significant ruling, the Allahabad High Court has directed that the police authorities/investigation officers must ensure that in every POCSO Act case, a medical report determining the victim's age is drawn up at the outset under the mandate of Section 164A of CrPC read with Section 27 of the POCSO Act, 2012 and the same is submitted to the Court without any delay. The...
'Argue On Law, Avoid Emotions': HC Tells Lawyer In PIL For Renaming Allahabad HC As 'High Court Of UP' In Official Docs
Hearing the PIL (Public Interest Litigation) plea filed before the Allahabad High Court seeking to rename HC as the "High Court of Uttar Pradesh" in the official documents, Chief Justice Arun Bhansali today asked the counsel for the petitioner to present only legal arguments in the matter while keeping his emotions aside."Agar aapko yahi sab bolna hai to 5 minutes aur bol lijiye. Agar...
Allahabad High Court Monthly Digest: March 2024 [Citations 128 - 200]
[NOMINAL INDEX PROVIDED AT THE BOTTOM] ORDERS/JUDGMENTS OF THE MONTH Lifting Corporate Veil, Allahabad HC Orders ED Probe Against Directors Of Hacienda Project, Three C Universal For Defrauding Lotus 300 Flat Buyers Case Title: Nirmal Singh vs. State Of U.P. And 4 Others 2024 LiveLaw (AB) 128 [WRIT - C No. - 41110 of 2019] Case citation: 2024 LiveLaw (AB)...
PIL Filed In HC Seeking Direction To Refer Allahabad HC As 'The High Court Of Uttar Pradesh' In Official Documents
A Public Interest Litigation (PIL) plea has been moved in the Allahabad High Court seeking a direction to the Central Government and other authorities to refer the HC, the High Court for Uttar Pradesh as 'The High Court of Uttar Pradesh' in all the notifications, communications, judgement, orders and decrees.The PIL plea, moved by Lucknow based Advocate Deepanker Kumar, also seeks a direction...
Allahabad High Court Weekly Round-Up April 8 - April 14, 2024
NOMINAL INDEX M/S United Spirits Limited v. State Of U.P. And 3 Others 2024 LiveLaw (AB) 222 The Commissioner, Commercial Tax U.P. V. M/S Godfrey Philips India Limited 2024 LiveLaw (AB) 223 M/S Eco Plus Steels Pvt. Ltd. v. State Of U.P. And 3 Others 2024 LiveLaw (AB) 224 Commissioner, Commercial Tax v. S/S Soma Enterprises Ltd. 2024 LiveLaw (AB) 225 Syed Asim Ali vs. State...
Moratorium U/S 14 IBC Applies Only To Corporate Debtor; Natural Persons Like Its Director Still Liable U/s 138 NI Act: Allahabad HC
The Allahabad High Court has observed that the moratorium provisions contained in Section 14 of the Insolvency and Bankruptcy Code, 2016 prohibit the proceeding u/s 138/141 NI Act only against the corporate debtor and not against the natural persons like the directors of the company for their vicarious liability.A bench of Justice Arun Kumar Singh Deshwal observed thus while dismissing a...
S.17 (1A) SARFAESI Act | Jurisdiction Of DRTs Can't Be Solely Decided Based On Location Of Asset: Allahabad High Court Clarifies
The Allahabad High Court has held that jurisdiction of the Debt Recovery Tribunal to entertain application under Section 17 of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 cannot be based solely on the location of the secured asset.The bench comprising of Justice Jaspreet Singh and Justice Manish Mathur held that the DRT in...