Allahabad High Court
Public Toilets 'Scam' | Allahabad HC Sets Aside Barabanki CJM's Order Taking Cognizance Of 'Criminal Conspiracy' Offence Against CDO & SP
The Allahabad High Court last week set aside an order of the court of Chief Judicial Magistrate in Barabanki district by which cognizance of the offence under 120B IPC (criminal conspiracy) was taken against the then Chief Development Officer (CDO) and the Superintendent of Police (SP) of the district in connection with the alleged scam in the construction of public toilets. The order...
Supreme Court Collegium Recommends 5 Additional Judges Of Allahabad High Court To Be Made Permanent
The Supreme Court Collegium on Tuesday recommended that five Additional Judges of the High Court of Judicature at Allahabad, be appointed as permanent Judges. They are: Justice Saurabh Srivastava, Justice Om Prakash Shukla, Justice Mohd. Azhar Husain Idrisi, Justice Jyotsna Sharma, and Justice Surendra Singh-I. On 1 May 2023, the Collegium of the High...
Tenant's Right To Basic Amenities Like Electricity Subject To Him Being Authorized 'Occupier': Allahabad High Court
The Allahabad High Court has held that a legal and authorized occupier of a premises including a tenant cannot be deprived of basic amenities like electricity connection. However, the Court observed that this right to basic amenities is subject to other facts and circumstances.Reading the definition of 'occupier' in Section 2(oo) of U.P. Revenue Code, 2005, the Court held that an occupier must...
A Person Can't Be In An Illicit & Live-In Relationship As Per Hindu Law If His/Her Spouse Is Alive: Allahabad High Court
The Allahabad High Court has recently held that as per the Hindu Law, a person having a spouse alive cannot live in an illicit and live-in relationship in contravention of the provisions of the law. A bench of Justice Renu Agarwal observed thus while dismissing a protection plea filed by a live-in relationship couple cohabiting with each other without divorcing their spouses."The court could...
Before Issuing Proclamation U/S 82, 83 CrPC Court Should Record Its Satisfaction That Person Is Deliberately Avoiding Proceedings: Allahabad HC
The Allahabad High Court has observed that before issuing a 'proclamation' under Sections 82/83 of CrPC, the Court concerned must record its satisfaction that despite the service of notice, summon, bailable warrant and non-bailable warrant, the person concerned has deliberately avoided the proceedings.Emphasizing that if any order issuing a 'proclamation' under Sections 82/83 CrPC lacks...
'Supporting Such Relations Will Create Chaos In Society': Allahabad HC Junks Protection Plea Of Live-In Couple Involving Married Adults
The Allahabad High Court recently rejected a protection plea filed by a couple cohabiting with each other without divorcing their spouses, imposing a fine of 2K. The court emphasized that if such type of relationship gets the support of the Court, it will create chaos in society and destroy our country's social fabric."The Court cannot support such type of relationship which are in...
Allahabad High Court Monthly Digest: February 2024
NOMINAL INDEX Nikita @ Najrana And Another vs. State Of Up And 3 Others 2024 LiveLaw (AB) 66 M/S Sahbhav Engineering Ltd. Ahmadabad Thru. Authorised Representative Mr. Pramod Dave vs. U.P. State Micro Small And Medium Enterprises Facilitation Council Kanpur Thru. Chairman And Others 2024 LiveLaw (AB) 67 M/S Neelkanth Construction vs. Union Of India And 3 Others 2024 LiveLaw (AB)...
GST | Vehicle Number In 'Bilty' Couldn't Be Changed As Goods Were In Transit, E-Way Bill Was Updated: Allahabad HC Quashes Penalty Order
The Allahabad High Court has held that for goods in transit, vehicle number in bilty (consignment note) cannot be changed upon change of vehicle due to breakdown. The Court quashed the penalty order on grounds that vehicle number was updated in Part-B of the e-way bill.Petitioner's goods were intercepted, and penalty was imposed under Section 129(3) of the Uttar Pradesh Goods and Services...
'Public Servants Should Remain Within Bounds Of Law': Allahabad HC Raps Gorakhpur ADM Over Unfair Notice Under 'UP Goondas Act'
The Allahabad High Court last week reprimanded Additional District Magistrate (Administration) Gorakhpur for issuing a notice to a man under the Uttar Pradesh Control of Goondas Act 1970 against a man based upon a solitary case registered against him. The Court also directed the state to pay Rs 20K to the man within 2 months.A bench of Justice Siddharth and Justice Vinod Diwakar also directed...
UP Public Services (Reservation For EWS) Act | Allahabad HC Declines EWS Reservation For Recruitment Of 69000 Asst Teachers Initiated Before Commencement Of Act
The Allahabad High Court has refused to extend the benefit of reservation under the Economically Weaker Section category for recruitment on the post of Assistant Teachers held in 2020, as the process was initiated before the enactment of the Uttar Pradesh Public Services (Reservation for EWS) Act, 2020.The state of UP enacted the Uttar Pradesh Public Services (Reservation for EWS) Act, 2020...
Courts Must Exercise Power Conferred U/S 451 CrPC Judiciously And Without Unnecessary Delay: Allahabad High Court
The Allahabad High Court has held that the power conferred under Section 451 of CrPC (Order for custody and disposal of property pending trial in certain cases) should be exercised by the criminal courts with a judicious mind and without any unnecessary delay. For context, Section 451 CrPC pertains to the power of the criminal court to order for custody and disposal of...
UP Stamp (Valuation Of Property) Rules | Burden On Revenue To Prove Nature & Potential Use Of Land Not Discharged Properly, No Spot Verification: Allahabad HC
Placing reliance on its earlier decision in Raj Kumar v. State of U.P. and other, the Allahabad High Court has held that the burden to prove that there was a deficiency in stamp duty at the time of execution of the sale deed is upon the Department.The bench of Justice Shekhar B. Saraf held that in the absence of mandatory spot inspection under Rule 7(3)(c) of the Uttar Pradesh Stamp (Valuation...