Allahabad High Court
'Injury Caused By Throwing A Piece Of Brick Not An Injury Likely To Cause Death': Allahabad HC Alters Murder Conviction To 'Grievous Hurt'
The Allahabad High Court recently altered the conviction of a man for the offence of 'murder' under Section 302 IPC to one of 'voluntary causing grievous hurt' under Section 325 IPC as it noted that though the accused had caused an injury to the victim by throwing a piece of brick at him, the said injury cannot be categorised as an injury likely to cause death. The bench of Justice...
'Law Must Yield To Justice': Allahabad High Court Permits Woman With 4 Biological Children To Adopt Child Despite Legal Bar
The Allahabad High Court recently permitted a woman having four biological children to adopt a child, despite a legal bar under Adoption Regulations 2022, notified by the Central Government in exercise of powers under Section 68(c) of the Juvenile Justice (Care and Protection of Children) Act, 2015.Rule 5 of the Adoption Regulations provides that couples with two or more children shall only...
S. 138 NI Act | Demand Notice Sent To Cheque Drawer Via Email/WhatsApp Is Valid: Allahabad High Court
In a significant ruling, the Allahabad High Court has held that a demand notice sent to the drawer of a cheque through 'email or WhatsApp' under Section 138 of the Negotiable Instrument for the dishonour of a cheque, is a valid notice and the same shall be deemed to be dispatched and served on the same date, if it fulfils the requirement of Section 13 of the Information Technology Act....
NDPS Act | Samples Not Drawn In Magistrate's Presence As Per S. 52A Can't Be Treated As Primary Evidence During Trial: Allahabad HC
The Allahabad High Court recently reiterated that samples not drawn from the bulk in the presence of a Magistrate as per the mandate of Section 52A of the Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act) can't be treated as a valid piece of primary evidence in the trial. For context, Section 52A (2), (3) and (4) of the provide that when seized contraband is forwarded to...
NI Act Doesn't Prescribe Who Will Represent Company Which Is Complainant U/S 138, Can Be Represented By An Employee: Allahabad High Court
The Allahabad High Court has held that Section 142 of the Negotiable Instruments Act,1881 and Section 200 of the Criminal Procedure Code do not prescribe who can file a complaint on behalf of a company under Section 138 of the Negotiable Instruments Act,1881.The Court held that when company is the payee, the complaint must be registered in the name of the company. “Section 142 of the...
Writ Petition Has To Be Drafted Carefully, Reliefs Sought Must Be Supported By Pleadings: Allahabad High Court Rejects Claim For Payment Of Gratuity
The Allahabad High Court has observed that a petition must be carefully drafted, disclosing all relevant facts for grant of relief sought by the petitioner.While dealing with a bunch of cases relating to payment of gratuity under the Payment of Gratuity Act, 1972, Justice Saurabh Shyam Shamshery observed that “In order to make out a case to grant the relief sought, a writ petition has to...
Gyanvapi | 'District Judge Allowed 'Puja' In 'Vyas Tehkhana' Under Hindu Plaintiff's Influence': Mosque Committee Submits In High Court
The Anjuman Intezamia Mosque Committee (which manages Gyanvapi Mosque in Varanasi) today argued before the Allahabad High Court that Varanasi District Judge's 31st January order permitting Hindu parties to perform puja in the southern cellar of the Gyanvapi mosque (Vyas Ji ka Tehkhana) was passed under the influence of the Hindu plaintiff as no cogent reasons were specified in the order...
Person Summoned U/S 319 CrPC Can't Avail Remedy Of Discharge U/S 227 CrPC: Allahabad High Court
The Allahabad High Court has observed that a person added as accused after being summoned under Section 319 CrPC cannot seek discharge under Section 227 CrPC. Referring to top Court's judgement in the case of Jogendra Yadav Vs. State of Bihar (2015), a bench of Justice Rajesh Singh Chauhan opined thus: “…an accused summoned under Section 319 CrPC is entitled to invoke the...
PIL In Allahabad High Court Challenges Amendment To Rule Providing For Direct Recruitment Of Advocates In UP Higher Judicial Services
A public interest litigation has been filed in Allahabad High Court challenging the validity of Rule 5 of U.P. Higher Judicial Service Rules, 1975 as amended in the year 2023 with the issuance of the notification dated 11th January 2024.Rule 5 of the U.P. Higher Judicial Service Rules, 1975 provides for sources of recruitments in High Judiciary. Prior to amendment sub-rule (c) of Rule 5...
S107 CGST | Appellate Authority Does Not Have Power To Remand Case Back To Adjudication Authority: Allahabad High Court
The Allahabad High Court has held that the appellate authority exercising jurisdiction under Section 107 of the Central Goods and Service Tax Act, 2017 does not have the power to remand the case back to the adjudication authority. It only has the power to confirm or modify or annul the order under appeal.Section 107 of the CGST Act provides the remedy of appeal to an assesee aggrieved by...
UP VAT Act | Where Assessee Has Paid Far More Tax Than Input Tax Credit Claimed, Section 13(1)(f) Will Not Apply: Allahabad High Court
The Allahabad High has held that where assessee has paid far more tax than the input tax credit claimed, Section 13(1)(f) of the Uttar Pradesh Value Added Tax Act, 2008 will not apply.Section 13(1) of the Uttar Pradesh Value Added Tax Act, 2008 provides conditions in which input tax credit can be claimed by an assesee holding a valid registration. Section 13(1)(f) of the Act provides...
Dark Face Of Society That Girls' Parents Lodge FIRs Against Husbands While Disapproving Their Love Marriage: Allahabad HC
The Allahabad High Court recently observed that it is the 'dark face' of the society where parents, disapproving of their children's love marriages, resort to filing FIRs against the boy under familial and societal pressure, showcasing a troubling trend. “The court after hearing the parties, records its deepest anguish, whereby this social menace is deep rooted that even after 75...