Allahabad High Court
Recorded Telephonic Conversation Between Accused Persons Admissible As Evidence Even If Obtained Illegally: Allahabad HC
The Allahabad High Court last week observed that even if the telephonic conversation between the two accused persons was secured illegally, the same would not affect the admissibility of the recorded conversation in evidence against such accused. The bench of Justice Subhash Vidyarthi made this observation while rejecting a revision plea filed challenging the order of a trial...
No Conspiracy Unlike Vyapam Case: Allahabad High Court Quashes Cancellation Of B.Tech Admissions By Gorakhpur Based Varsity
The Allahabad High Court has quashed the orders issued by Madan Mohan Malviya University of Technology, Gorakhpur, cancelling the admissions of 67 second and final-year B.Tech students for allegedly forging their way in.A single bench of Justice Kshitij Shailendra refused to draw parallels from the Vyapam case where Apex Court, finding established instances of fraud, cancelled the admissions...
Live In Relations Can't Provide Stability; Difficult For A Woman To Find Husband After Coming Out Of Such Relation: Allahabad HC
Granting bail to a man accused of raping his married live-in partner, the Allahabad High Court on Tuesday observed that it is very difficult for a woman to find a male partner for marriage after they come out of a live-in relationship. Noting that such relations do not have social action of Indian people, which mainly consists of the middle class, the bench observed that such middle class...
'Changing Partner In Every Season No Hallmark Of Stable Society, Systematic Design Working To Destroy Marriage Institution In India': Allahabad HC
Granting bail to a man accused of raping his live-in partner, the Allahabad High Court on Tuesday observed that a systematic design is working to destroy the institution of marriage in India and that films and TV serials are contributing to the same. Opining that the brutish concept of "changing partners in every season" cannot be considered to be a hallmark of a "stable and healthy" society,...
Allahabad High Court Imposes Costs On Dainik Jagran's Publisher For Denying Wage Benefits To Employees
The Allahabad High Court on Tuesday imposed a cost of Rs. 10,000 on Jagran Prakashan to be paid to each employee who has been denied benefits of the Majithia Wage Board recommendations. Justice Pankaj Bhatia found that the petitioner company had preferred an appeal and a revision petition after the initial judgment imposed a cost on the company and that the issues arising in both writ...
“My Career As A Judge Began With Lawyers' Strike And It Ends With Their Strike”: Justice KJ Thaker Bids Farewell To Allahabad High Court
The Allahabad High Court on Wednesday held a full court reference on the occasion of superannuation of Dr. Justice Kaushal Jayendra Thaker.In view of the state-wide strike by the advocates in UP, Justice Thaker recalled that even when he began is career as a Judge, a lawyers' strike was going on. “My career as a judge began with a strike of the lawyers, my career end as a judge of the...
Constitutional Courts Should Be Extremely Cautious While Entertaining PILs: Allahabad High Court Dismisses PIL For Lack Of Proper Credentials
The Allahabad High Court recently dismissed a public interest litigation on the ground that the petitioner had failed to establish his credentials as per Sub-Rule (3-A) of Rule 1 of Chapter XXII of the Allahabad High Court Rules (Rules of Court, 1952). Justice Syed Qamar Hasan Rizvi placed reliance on various Supreme Court judgments to hold that the public interest litigation has...
Mutual Divorce | Bar U/S 13-B Procedural, Will Not Affect Substantive Right Of Parties That Settle Amicably: Allahabad HC Waives Cooling-Off Period
The Allahabad High Court has recently waived off the cooling-off for a married couple as they had mutually filed for dissolution of marriage under Section 13-B of Hindu Marriage Act, after entering a Memorandum of Understanding amicably. Court said the substantive right of the two parties that settle their conflict amicably must not be interfered with citing procedure.A bench comprising...
Interim Maintenance | Minimum Amount Payable To Estranged Wife From Date Of Claim To Preserve Her Life & Liberty With Dignity: Allahabad HC
The Allahabad High Court while adjudicating an appeal against interim maintenance awarded to the wife by the Family Court, has held that the minimum amount must be paid to the estranged wife from the date of the claim to preserve her life and liberty with dignity. The Bench comprising Justice Saumitra Dayal Singh and Justice Rajendra Kumar-IV has upheld the interim maintenance of Rs....
‘Small Technical Fault For Not Carrying E-Way Bill’: Penalty Set-Aside By Allahabad High Court In Absence Of Any Other Discrepancies
The Allahabad High Court has set aside a penalty order under Section 129 of the GST Act on the ground that the missing E-way bill is a minor technical fault and does not prove intention to evade tax in the absence of any other discrepancies. Petitioner, in ordinary course of business, sent five consignments for which five invoices were issued. The goods were being transported from Gwalior...
Hathras Crime| 'Victim's Family Members Claim UP Govt Yet To Provide Them Job As Per HC's Order': Amicus Informs Allahabad HC
The Allahabad High Court has been informed that as per the Hathras Gang Rape and Murder victim's family, the Uttar Pradesh government is yet to comply with HC's July 2022 order of providing employment to one of them (family members) and to relocate them to some other place in the state.The submission was made last week by the Amicus Curiae appointed in the Suo moto case registered over...
Charge Once Framed Must Lead To Acquittal/Conviction, Section 216 CrPC Doesn’t Permit Deletion Of Same: Allahabad High Court
The Allahabad High Court has recently observed that a charge, once framed, must lead to either acquittal or conviction at the conclusion of the trial as Section 216 of CrPC does not permit the deletion of the charge. The bench of Justice Ram Manohar Narayan Mishra observed thus while dismissing a revision plea filed by one Dev Narain challenging an order passed by Additional District...