Allahabad High Court
Proceedings Under 'UP Gangsters Act' Liable To Be Quashed Upon Acquittal Of Accused In Base Cases Of Gang Chart: Allahabad HC
The Allahabad High Court has held that once the proceedings of the base cases depicted in the gang chart are quashed or the accused has been acquitted, the proceedings under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act 1986 are liable to be quashed. A bench of Justice Ajay Bhanot noted thus while hearing a plea moved by one Abdul Kadeer Khan under Section...
Criminal Proceedings Can't Be Quashed Merely Because Allegations Also Disclose A Civil Dispute Between Parties: Allahabad HC
The Allahabad High Court has observed that a charge sheet and the criminal proceedings against an accused cannot be quashed merely because the allegations may also disclose a civil dispute between the parties. “The mere fact that the allegations also make out existence of civil dispute would not be a ground to quash the criminal proceedings when the allegations clearly make...
Contention Of Accused About False Implication Cannot Be Examined In Section 482 CrPC Proceedings: Allahabad High Court
The Allahabad High Court has observed that while deciding the application under Section 482 CrPC, the High Court cannot examine the contention of the accused that he/she has been falsely implicated in the case. “While exercising the powers under Section 482 of the CrPC, the Court has very limited jurisdiction and is required to consider 'whether any sufficient material available...
Offence Punishable U/S 506 IPC If Committed In Uttar Pradesh Is A Cognizable Offence: Allahabad High Court
The Allahabad High Court last week observed that an offence under Section 506 IPC (Punishment for criminal intimidation) if committed in the State of Uttar Pradesh is a cognizable offence. To hold thus, a Bench of Justice Subhash Vidyarthi referred to a notification published in the U.P. Gazette dated 31st July 1989, notifying the declaration made by the then Governor of UP that...
Allahabad High Court Takes Suo Moto Cognizance Of Rodent Menace In A Prayagraj Hospital
The Allahabad High Court has taken suo motu cognizance of a news report published in Amar Ujala newspaper concerning the menace of rats in Swaroop Rani Nehru Hospital in Prayagraj. Directing for the registration of the matter as a suo moto PIL, a bench of Acting Chief Justice Manoj Kumar Gupta and Justice Kshitij Shailendra ordered the authorities to submit information about...
Krishna Janmabhoomi-Shahi Eidgah Dispute| Plea In Allahabad HC Seeks Appointment Of Revenue Surveyor To Ascertain Masjid's Location
In a significant development in the pending suit before the Allahabad High Court concerning Mathura's Krishna Janmabhoomi-Shahi Eidgah Mosque dispute, an application has now been moved for the appointment of a Revenue Surveyor to ascertain the exact location of the Shahi Masjid Idgah.Taking the application on record, a bench of Justice Mayank Kumar Jain, on January 17 gave liberty to...
Allahabad High Court Expresses Reservation On "En-Masse" Dismissal Of Cases By Revenue Officials To Clear Pendency
Last week, the Allahabad High Court sought response from the Revenue Secretary, Government of Uttar Pradesh, on the en-mass disposal of cases for want of prosecution by the revenue officials.The bench comprising Acting Chief Justice Manoj Kumar Gupta and Justice Kshitij Shailendra observed,“Although we appreciate the effort of the State Government taken for reduction of arrears, but we do...
UPGST | Truck Is Capital Asset Of Transporter, Seizure Without Notice Affects Civil Rights: Allahabad High Court
The Allahabad High Court has held that the seizure of a vehicle transporting goods affects the civil rights of the transporter as the truck is a capital asset of the transporter. The Court held that the transporter ought to be afforded an opportunity of hearing before passing any penalty order against him.While observing that the vehicle carrying the goods could be released under proviso-1...
S.24 Land Acquisition Act 2013 | Applicability To Prior Acquisitions Depends On Date Of Award, Not Date Of Taking Possession: Allahabad High Court
The Allahabad High Court held that the applicability of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 depends upon the date on which the award is made and not on the date on which possession was taken over by the authorities.The bench comprising Acting Chief Justice Manoj Kumar Gupta and Justice Kshitij...
Allahabad HC Directs Haridwar & Bijnor DMs To Install Pillars Demarcating State Boundaries Between UP & Uttarakhand
Last week, the Allahabad High Court directed the district magistrates posted at Haridwar (in Uttarakhand) and Bijnor (in Uttar Pradesh) districts to direct for the erection of pillars in their respective areas to demarcate the boundaries between the two states on January 23rd. The order was passed by a division bench comprising Justice Saumitra Dayal Singh and Justice Manjive Shukla...
Special Appeal Against Order Of Single Judge Dealing With Order Of DRAT Maintainable: Allahabad High Court
The Allahabad High Court has upheld the maintainability of a special appeal filed under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 (Special Appeals) against an order of single judge dealing the order of the Debt Recovery Appellate Tribunal.The primary issue for consideration before the Court was whether the bar on filing special appeal lay only if the order under challenge...
Subsequent Anticipatory Bail Pleas Maintainable On Emergence Of Substantial Change In Facts & Circumstances: Allahabad HC
The Allahabad High Court has observed that a person can move subsequent bail anticipatory bail applications on the emergence of substantial change in facts and circumstances. Noting that there is no bar in the Code of Criminal Procedure on moving subsequent regular bail applications u/s 439 CrPC, a bench of Justice Mohd. Faiz Alam Khan held that there is no restriction on...