Allahabad High Court
Arms Act 1959 | Firing A Pistol In Self-Defence Doesn't Violate License Condition: Allahabad High Court
The Allahabad High Court has observed that firing a pistol in self-defence does not violate license conditions. With this, the Court ordered the release of a pistol in favour of the applicant, who had been charge-sheeted under Sections 286, 323, 504, and 506 of IPC and Section 30 of the Arms Act 1959. The bench of Justice Subhash Vidyarthi passed this order on an application moved...
'Bound To Generate Anger In Society': Allahabad HC Upholds NSA Detention Of Two Men Accused Of Burning 'Ramcharitmanas'
The Allahabad High Court last week dismissed the pleas filed by two persons challenging their detention under the National Security Act (NSA) on the allegations of burning copies of Hindu epic Ramcharitmanas and insulting the text. In its order, a division bench of Justice Sangeeta Chandra and Justice Narendra Kumar Johari observed that the public display of disrespect towards...
Otherwise Valid Auction Cannot Be Cancelled On Mere Expectation Of Fetching Higher Price: Allahabad High Court Reiterates
The Allahabad High Court relied upon the decision of the Supreme Court in Eva Agro Feeds Private Limited v. Punjab National Bank and Another to hold that a fresh auction cannot not be held merely on the possibility of receiving higher offers.While setting aside order of the Company Judge calling for fresh auction at higher reserve price, the bench comprising Justice Ashwani Kumar Mishra...
UP GST | No Interference Under Article 226 Unless Inherent Lack Of Jurisdiction Or Absence Of Relevant Material Established: Allahabad High Court
The Allahabad High Court has held that the writ court should not interfere in notice issued under Section 73 of the UP Goods and Service Tax Act, 2017 unless there is inherent lack of jurisdiction or complete absence of relevant material is alleged and established.Petitioner challenged the adjudication notice issued under Section 73 (Determination of tax not paid or short paid or...
'They Aren't Supposed To Be Beneficiary Of Dowry Demand': Allahabad HC Grants Relief to Sisters-In-Law Implicated In 498A IPC Case
In a criminal proceeding initiated at the instance of a wife against her sisters-in-law (accused) for the offence of cruelty under Section 498A of the Indian Penal Code, the Allahabad High Court recently granted relief to the accused as it noted that they are not supposed to be beneficiary of any demand of dowry. A bench of Justice Ram Manohar Narayan Mishra observed thus while allowing...
Show Cause/Hearing Opportunity A Must Before A Citizen's Character Certificate Is Cancelled Due To Criminal Antecedents: Allahabad HC
The Allahabad High Court has mandated that individuals facing the possibility of character certificate cancellation due to criminal antecedents must be given a show cause or hearing opportunity. Emphasizing the importance of due process and fair treatment in such matters, a bench of Justice Saumitra Dayal Singh and Justice Manjive Shukla read Clause-4 of the Government Order dated...
Allahabad High Court Launches Automatic District Allocation System For Newly Recruited Civil Judges
On Tuesday, the Allahabad High Court released a press note stating that it has successfully posted 225 newly recruited candidates as Civil Judge (Junior Division) in different District Courts across the State of Uttar Pradesh using Automatic District Allocation System.“As a novel and first-time exercise the posting has been done with the use of office automation and Automatic...
Allahabad High Court Annual Digest 2023: Part I [Citations 1-256]
ORDERS/JUDGMENTS [NOMINAL INDEX PROVIDED AT THE BOTTOM] Benefit Of Doubt Regarding Correctness Of Answer Key Goes In Favour Of Exam Authority & Not Candidate: Allahabad High Court Case title - Gyan Prakash Singh vs. State of U.P. and others [WRIT - A No. - 8892 of 2022] Case Citation: 2023 LiveLaw (AB) 1 Noting that there is always a presumption about the correctness of...
UP Victim Compensation Scheme 2014 | Eligibility/ Quantum Of Compensation For Rape Victims To Be Decided By DLSA, Not Court: Allahabad HC
The Allahabad High Court has asked a rape victim seeking compensation under the Uttar Pradesh Victim Compensation Scheme 2014 to approach the District Legal Service Authority.While clarifying the procedure for rape victims for claiming compensation, Justice Jyotsna Sharma observed that “the 'eligibility' of the victim for grant of compensation and quantum thereof can only be decided by...
Religious Conversion 'Racket'| Allahabad HC Grants Bail To Islamic Scholar Accused Of Waging War Against Govt Of India
The Allahabad High Court last week granted bail to Islamic scholar Mufti Qazi Jahangir Alam Qasmi who was arrested in June 2021 by the Anti-Terrorist Squad of Uttar Pradesh Police on the charges of conspiring to run a mass religious conversion racket in the State and assisted in religious conversion of over 1000 people across the state.A bench of Justice Rajan Roy and Justice Ajai...
Check Credentials Of Applicants, Call For Police Report Before Granting Licence To Practice Law: Allahabad HC To UP Bar Council
The Allahabad High Court has directed the Bar Council of Uttar Pradesh to call for a police report regarding all fresh and pending applications for a license to practise law.The bench comprising of Justice Saumitra Dayal Singh and Justice Vinod Diwakar directed the State Government and Bar Council of Uttar Pradesh to “issue necessary directions and to ensure appropriate police report be...
Revenue Cannot Beat Around The Bush, Keep Changing Goal Post At Each Stage: Allahabad High Court Quashes Detention Order
The Allahabad High Court has held that stand taken by revenue in the detention order cannot be changed in the subsequent show cause notice in proceedings arising out of same detention of goods.While quashing the detention order and consequential proceedings, the bench comprising of Justice Siddhartha Varma and Justice Shekhar B. Saraf held “It is trite law, settled by a catena of Supreme...