Allahabad High Court
UP 'Anti-Conversion' Law | Distributing Bible, Organising Bhandara Doesn’t Amount To ‘Allurement’ For Religious Conversion: Allahabad HC
The Allahabad High Court has observed that providing good teachings, distributing Holy Bible books, and performing Bhandara does not amount to ‘allurement’ for religious conversion under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act 2021. The bench of Justice Shamim Ahmad also explained the scope of Section 4 of the UP Prohibition of Unlawful...
'Forced Labour': Allahabad High Court Grants Relief To A 'Chowkidar' Being Paid ₹150 Per Month Since 1998 By UP Govt
The Allahabad High Court recently came to the rescue of a school chowkidar who has been receiving a sum of Rs. 150 per month since 1998 by the state government. Calling his employment as 'Forced labour' which is impermissible in law, the Court directed the state to pay him current wages equivalent to the minimum of pay scale admissible to Class IV employees within a period of six weeks.The...
Allahabad HC Orders Inquiry Into Allegations Against An SHO Of Misbehaving With Women, Beating An Old Man In Police Station
The Allahabad High Court has ordered the Superintendent of Police, Sultanpur to conduct an inquiry into the allegations levelled against a Station House Officer (SHO) of misbehaving with certain women and also beating an old man inside the police station.The bench of Justice Sangeeta Chandra and Justice Narendra Kumar Johari passed this order while dealing with a writ plea filed by...
Section 82 CrPC | Person Becomes A 'Declared' Proclaimed Offender Only When Proclamation Is 'Published': Allahabad High Court
The Allahabad High Court has observed that until and unless a written proclamation is not published as per Section 82 CrPC, the occasion for the applicant being “declared” a proclaimed offender doesn't arise.Referring to the provisions laid down under Section 82 of CrPC, the bench of Justice Subhash Vidyarthi observed that a proclamation has to be been ‘published’ as provided...
Trial Courts Must Shed Their Inertia & Ask Questions To Witnesses In Appropriate Cases To Sift Grain From Chaff: Allahabad HC
The Allahabad High Court, referring especially to hostile witnesses, observed that the trial Court must shed its inertia and ask questions while intervening in all those cases where the court’s intervention is necessary for the ends of justice. “It feels painful to observe that in our present system of trial despite having sufficient power to the judge to ask questions...
Allahabad HC Orders Medical Facility, Compensation For Minor Rape Survivor Seeking Abortion As Her Father Agrees To Keep Baby Till Adoption
The Allahabad High Court on Wednesday adequate medical facility and compensation for a 15-year-old year rape victim seeking to terminate her 29-week pregnancy after her father agreed to look after the newborn baby till adoption.The rape survivor had essentially moved the High Court seeking to terminate her pregnancy, however, looking at the medical report of the girl, which stated that the...
Who Is A Competent Person To Lodge An FIR As Per S. 4 Of UP 'Anti-Conversion' Law?: Allahabad High Court Explains
The Allahabad High Court on Wednesday explained the scope of Section 4 of the UP Prohibition of Unlawful Conversion of Religion Act 2021 [person competent to lodge FIR] as to who can lodge an FIR regarding the commission of an offence under Section 3 of the Act.The bench of Justice Shamim Ahmed held that as per the mandate of the said provision, only a person who has been converted, his/...
Can’t Deviate From Text Of GST Provisions, Rules And Forms In GST: Allahabad High Court Quashes Penalty
The Allahabad High Court has held that the Goods and Service Tax Act, 2017 is a complete code in itself and there can be no deviation from the text of the Act, Rules and Forms. A bench comprising of Justice Piyush Agrawal held,“The GST Act is a complete Code in itself. Various provisions, Rules and Forms are prescribed as well as various steps are also to be followed in an...
Hapur Incident: Allahabad High Court Bar Association Calls Off Strike, Oudh Bar Association To Abstain From Judicial Work
High Court Bar Association, Allahabad has passed a resolution to resume judicial work from Wednesday in lieu of the assurance given by the bench headed by Chief Justice Pritinker Diwaker in the suo moto PIL registered over lathi charge by some Police personnel against Lawyers in Hapur.In the resolution, it has been stated that though the High Court has assured that necessary action will be...
Inter-Religion Couple At Liberty To Stay Together In Live-In Relationship, Parents Cannot Interfere: Allahabad High Court
The Allahabad High Court has ordered Police to provide protection in case of threat to an inter-religion couple living together in live-in relationship.A bench comprising Justice Surendra Singh-I held,“Having regard to the facts and circumstances of the case and the law laid down by the Apex Court in its catena of judgements, this Court is of the opinion that the petitioners are at liberty...
'Fastening Responsibility Of Motherhood On A Rape Survivor Amounts To Denying Her Right To Live With Dignity': Allahabad HC
While dealing with a writ plea filed by a 15-year-old year rape victim seeking to terminate her 29-week pregnancy, the Allahabad High Court on Monday observed that forcing the victim to give birth to a child of a man who sexually assaulted her would result in unexplainable miseries to her."In the case of sexual assault, denying a woman the right to say no to medical termination of pregnancy...
Allahabad High Court Directs Promotion Of Judicial Officer With Retrospective Effect, Sets Aside Adverse Entry
The Allahabad High Court recently set aside the adverse entry made in the service record of judicial officer Sunil Kumar Singh-III and directed that he be promoted with retrospective effect from UPHJS 2015.A bench comprising Justices Dr. Kaushal Jayendra Thaker and Rajeev Misra held that once the complaints based on which adverse entry is awarded are found untruthful, such adverse entry cannot...