Allahabad High Court
'Testimony Of Victim Shaky' : Allahabad High Court Sets Aside Conviction Of Man In A 26 Year Old Alleged Rape Case
The Allahabad High Court on Thursday set aside the rape conviction of a man (who has been in jail since 2000) given the doubts surrounding the credibility of the victim's testimony, which was, in the court's opinion, 'shaky' or unreliable. The alleged incident took place in January 1997.In its order, a bench of Justice Karunesh Singh Pawar highlighted the absence of evidence regarding...
Fatal Accidents Act| 'Court Has Jurisdiction To Quantify Damages Proportionate To Loss': Allahabad HC Awards ₹50L Compensation To Widow
The Allahabad High Court has held that the Court has wide jurisdiction to quantify damages as it may think are proportionate to the loss suffered by the claimant.While awarding a compensation of Rs. 50 lakhs plus interest, the bench comprising Justice Saumitra Dayal Singh and Justice Shiv Shanker Prasad held “Wide discretion is vested with the Court to award such damages as it may...
Mother Entitled To Custody Of Male Child Until He Completes Age Of 7 Years As Per Muslim Law: Allahabad High Court
The Allahabad High Court has observed that according to the Mohammedan Law, a mother is entitled to custody (hizanat) of a male child until he completes the age of 7 years.The bench of Justice Karunesh Singh Pawar observed thus while allowing a habeas corpus filed by the mother (Rehana) of the detenue-Takbeer Khan, aged about 3 years and 7 months. In her plea, she had sought custody of her...
BREAKING | Krishna Janmabhumi Dispute: Allahabad HC Allows Plea To Appoint Commission To Inspect Mathura's Shahi Idagh Mosque
In a significant order likely to affect the fate of the prayers in the pending suits before the Allahabad High Court concerning Mathura's Krishna Janmabhoomi-Shahi Eidgah Mosque dispute, the HC, on Tuesday, ALLOWED a plea seeking the appointment of a court commissioner to inspect the Idgah Mosque. A bench of Justice Mayank Kumar Jain passed this order on an Order 26 Rule 9...
Allahabad High Court Weekly Round-Up: December 04 To December 10, 2023
NOMINAL INDEX Smt. Sharda Singh v. Yashpal And 2 Others 2023 LiveLaw (AB) 469 Dr. Arvind Kumar And 3 Others v. State Of U.P. And 4 Others 2023 LiveLaw (AB) 470 Vijay Bahadur Singh v. State Of U.P. And 3 Others 2023 LiveLaw (AB) 471 Deepti Singh v. State Of U.P. Represented By Its Addl. Chief Secy. Basic Shiksha Lko And 6 Others 2023 LiveLaw (AB) 472 National Highway...
Appointments Made Under Dying-In-Harness Rules Are 'Permanent' In Nature: Allahabad High Court Reiterates
The Allahabad High Court has reiterated its earlier stand that the appointment made under the Government Servant Dying in Harness Rules, 1974 is permanent in nature.The bench comprising of Justice Kshitij Shailendra observed that the Government Servant Dying in Harness Rules, 1974 “being statutory Rules, nowhere provide that the compassionate appointment of an appointee is temporary...
Fatal Accidents Act| 'Writ Plea Maintainable As Tort Feasors Were Govt Agencies/Servants': Allahabad HC Awards ₹50L Compensation To Widow
The Allahabad High Court entertained a writ petition under Article 226 of the Constitution of India for a claim of compensation for tortious liability as the deceased employee was a government servant residing in official accommodation and the tortious liability was on the government itself.While entertaining the writ petition, the bench comprising of Justice Saumitra Dayal Singh and Justice...
Responsibility, Credibility On Bank Employees Is On Higher Side: Allahabad HC Upholds Dismissal In Money Laundering Case
Recently, the Allahabad High Court held that the responsibilities of a Bank employee and his credibility and integrity are on a higher footing than others. In case of misuse of money deposited in the bank, the punishment of dismissal is proportionate.While upholding the dismissal of Head Chasier, UCO Bank in the case of fraudulent transaction, bench comprising of Justice Attau Rahman Masoodi...
MSMED Act 2006 Overrides Arbitration And Conciliation Act 1996 And Any Agreement Entered Into Between Parties: Allahabad HC
The Allahabad High Court on Tuesday held that the provision of Micro, Small and Medium Enterprises Development Act, 2006 have an overriding effect on the Arbitration and Conciliation Act 1996 and any agreement entered into between parties.Relying on the decision of the Supreme Court in M/s Silpi Industries vs. Kerala State Road Transport Corporation, the bench comprising of Justice Mahesh...
Allahabad HC Dismisses PIL Objecting To King Nishadraj's Statue With Lord Rama In Prayagraj Citing Wrong Depiction
The Allahabad High Court has dismissed a Public Interest Litigation (PIL) plea seeking alterations to the statue of King Nishad Raj & Lord Shri Ram, situated at Sringverpur Dham in Soraon, Prayagraj. The plea sought to depict King Nishadraj in a manner befitting a king.A bench of Acting Chief Justice Manoj Kumar Gupta and Justice Donadi Ramesh opined that the issue in the PIL plea cannot...
'No Bar On Claiming 2nd Maternity Benefit Within 2 Yrs Of 1st Grant': Allahabad HC, Says 'Maternity Act' Overrides Financial Handbook
The Allahabad High Court has recently held that the Maternity Benefit Act, 1961 is a piece of beneficial legislation which will override the provisions of the Financial Handbook on an institution. The Court further held that there is no bar on claiming second maternity benefits within two years from the first one.Relying on the earlier judgments of the Allahabad High Court in Anupam Yadav...
'Fundamental Right To Shelter Violated': Allahabad HC Orders ₹2L Compensation, Vacant Land For 2 Who Were Unlawfully Dispossessed By Authorities
Recently, the Allahabad High Court directed the official state authorities to pay a sum of Rs. 2 lakhs, and vacant land to two persons who were admittedly unlawfully dispossessed of their land by the them.While awarding the compensation, Justice J.J. Munir held that“They (referring to State Authorities) have employed powers available to them and the might of the State to unlawfully deprive...