Allahabad High Court
Allahabad High Court Consolidates 15 Suits Concerning Krishna Janmabhumi-Shahi Idgah Dispute In 'Interest Of Justice'
On Thursday, the Allahabad High Court directed to consolidate 15 suits related to Mathura's Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute. The order was passed 'in the interest of justice' on an application filed by the Hindu plaintiffs under Order IV-A of the Civil Procedure Code.All these suits contain a common prayer seeking the removal of the Shahi Idgah mosque from the...
Appointment Based On Forged Documents, Not Entitled To Any Sympathy: Allahabad High Court Upholds Cancellation Of Teacher's Appointment
The Allahabad High Court, on Tuesday (9th January), upheld the cancellation of the appointment of a primary school teacher as it was based on forged documents.The bench comprising of Justice Saurabh Shyam Shamshery observed that “a person such as petitioner, who has procured appointment as Teacher on basis of forged educational documents, cannot be entitled for any sympathy and he is...
S.243(2) CrPC | Accused Can't Summon Prosecution Witness Who He Had Cross-Examined Unless Magistrate Satisfied It Is Essential: Allahabad High Court
The Allahabad High Court has held that under Section 243(2) of the CrPC, the Magistrate is under an obligation to not compel re-appearances of prosecution witnesses already examined by the accused unless the Magistrate is satisfied that it is necessary to meet the ends of justice.While dealing with the order of the Trial Court rejecting the application for summoning defence witnesses,...
Allahabad HC (DB) Refers Matters Involving Lawyers Accused Of Land Grabbing To CJ For Nomination Of Bench For Regular Hearing
The Allahabad High Court (Division Bench) has referred a bunch of cases involving lawyers accused of land grabbing to the Chief Justice to nominate a specific bench that will be responsible for the regular hearing of these cases. The order was passed by a bench of Justice Rajan Roy and Justice Narendra Kumar Johari to streamline and expedite hearing in these matters that are...
Allahabad High Court Imposes ₹25K Cost On UP Govt As Its Standing Counsel 'Wastes' 10 Minutes Of 'Precious' Judicial Time
The Allahabad High Court (Lucknow Bench) on Monday imposed a cost of Rs. 25,000 on the UP Government. This action was taken as the Standing Counsel, seemingly unprepared, wasted 10 minutes of 'precious' judicial time while presenting arguments in a writ matter. Justice Abdul Moin issued the order, marking the third instance on a single day (January 8) where the Court came down heavily...
PIL For Ban On Open Sale Of Acid: Allahabad HC Issues Notice To UP Govt, Seeks Details On State's Measures To Prevent Acid Attacks
On Tuesday, the Allahabad High Court directed the Uttar Pradesh government to submit an affidavit specifying the measures implemented by the state authorities to curb the open sale of acid across the state. Additionally, the court has requested details on acid attack cases recorded by the state police over the past five years.A bench of acting Chief Justice Manoj Kumar Gupta and Justice...
Covid Norms Violation Case | Allahabad High Court Stays Criminal Proceedings Against RLD Chief Jayant Chaudhary
The Allahabad High Court on Monday granted a stay on criminal proceedings pending before the MP/MLA Court, Gautambudh Nagar against Rashtriya Lok Dal (RLD) chief and Rajyasabha Member Jayant Chaudhary over alleged violations of the model code of conduct and Covid-19 norms in 2022. While granting a stay on criminal proceedings, a bench of Justice Sanjay Kumar Singh also directed the state...
UP Urban Premises Tenancy Act | No Requirement Of Prior Notice If Eviction Application For Personal Use Of Property: Allahabad High Court
The Allahabad High Court held that under Section 21(2)(m) of the Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021, there is no requirement of prior notice to tenant for filing an eviction application before the rent Authority under the Act, if the eviction is for personal use of the tenanted premises.Distinguishing the procedure under the Uttar Pradesh Urban Buildings (Regulation...
'Standing Counsels Lack Legal Acumen, Knowledge Of Key Supreme Court Rulings': Allahabad HC Seeks Principal Secy's Personal Affidavit
The Allahabad High Court, on Monday, called for a personal affidavit of the Principal Secretary(Law) of the State of Uttar Pradesh seeking his response as to how the appointment was made on the post of Standing Counsel for the State. This is the second such order in a single day wherein the HC has flagged concerns regarding inadequate legal assistance from Government advocates. On...
Allahabad High Court Displeased Over Govt Counsels' 'Miserable Failure' To Assist Court, Seeks Views Of Principal Secy, AG
Flagging concerns regarding inadequate legal assistance from the Government advocates, the Allahabad High Court recently sought the opinions of the Principal Secretary (Law & Remembrancer) and the Advocate General as to how this issue is sought to be addressed by them. A bench of Justice Abdul Moin passed this order while dealing with a writ petition filed to challenge an order...
Typo Error In E-Way Bill, Penalty Can't Be Imposed If There Is No Intention To Evade Tax: Allahabad High Court
The Allahabad High Court has held that a minor typographical error in the e-way bill without any other material establishing an intention to evade tax will not attract a penalty under Section 129 of the Goods and Service Tax Act, 2017.Placing reliance on the decision of Allahabad High Court in M/s. Varun Beverages Limited v. State of U.P. and 2 others, the judgment of Supreme Court in...
Offence U/S 174-A IPC Cognizable Only Based On A Written Complaint Of Concerned Court; Police Can't Lodge An FIR: Allahabad HC
The Allahabad High Court has held that the cognizance of an offence under Section 174A of the Indian Penal Code can be taken by a court only on a written complaint of the concerned Court (which issued the proclamation) and the Police have no power to lodge an FIR in such cases. For context, Section 174A IPC, which was introduced in 2005, criminalises the non-appearance of...