Allahabad High Court Monthly Digest: March 2023
Sparsh Upadhyay
7 April 2023 9:46 PM IST
NOMINAL INDEX Maneesh Pathak vs. State of U.P. 2023 LiveLaw (AB) 80 Vinod Bihari Lal vs. State of U.P. and Another and connected matter 2023 LiveLaw (AB) 81 Ali @ Ali Ahmad @ Mohd Ali Ahmad vs. State of U.P. 2023 LiveLaw (AB) 82 Mohd. Abdul Khaliq Vs. State Of U.P. And Another 2023 LiveLaw (AB) 83 The Indian Express Pvt. Ltd vs Union Of India And 15 Others 2023 LiveLaw...
NOMINAL INDEX
Maneesh Pathak vs. State of U.P. 2023 LiveLaw (AB) 80
Vinod Bihari Lal vs. State of U.P. and Another and connected matter 2023 LiveLaw (AB) 81
Ali @ Ali Ahmad @ Mohd Ali Ahmad vs. State of U.P. 2023 LiveLaw (AB) 82
Mohd. Abdul Khaliq Vs. State Of U.P. And Another 2023 LiveLaw (AB) 83
The Indian Express Pvt. Ltd vs Union Of India And 15 Others 2023 LiveLaw (AB) 84
Kalika Pratap Singh vs. State Of U.P. And Another 2023 LiveLaw (AB) 85
Krishna Kumar Pal @ Umesh Pal vs. State Of U.P. And 2 Others 2023 LiveLaw (AB) 86
Rajesh Chandra @ Rakesh And Another vs. State Of U.P. And 2 Others 2023 LiveLaw (AB) 87
U.P. Sr.Basic Shiksha Mahasha.U.P.Officer Shri N.P.M.Vidy.Raebareli Thru. President Ankur Chaudhari vs. State Of U.P. Thru. Addl. Chief/Prin. Secy. Basic Education U.P. Civil Secrt. Lko. And Others 2023 LiveLaw (AB) 88
Syed Mohiuddin Ahmad vs. State Of U.P. And 2 Others 2023 LiveLaw (AB) 89
X (Minor) v. State of U.P. and Another 2023 LiveLaw (AB) 90
Ramu Mallah vs. State of U.P. 2023 LiveLaw (AB) 91
Purushottam Chaudhary vs. Central Bureau Of Investigation Thru. The Superintendent Of Police Cbi/Acb Lko 2023 LiveLaw (AB) 92
Kamlesh Pathak vs. State of Uttar Pradesh 2023 LiveLaw (AB) 93
Mohd. Mustaqeem vs. State Of U.P. Thru. Nia along with a connected matter 2023 LiveLaw (AB) 94
Subesh Kumar Singh vs. State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Govt. Of U.P. Civil Secrett. Lucknow And Others along with connected matters 2023 LiveLaw (AB) 95
Satya Pal v. State Of U.P. Thru. Prin. Secy. Home Lko. And Another 2023 LiveLaw (AB) 96
Atikur Rehman vs. State of UP 2023 LiveLaw (AB) 97
Sujeet Sharma vs. State of U.P 2023 LiveLaw (AB) 98
In Re Disruption Of Power Supply In Prayagraj vs. State Of U.P. Through Additional Chief Secretary Power U.P. Government And Others 2023 LiveLaw (AB) 99
Saroj Kumari vs. State Of U.P. And 5 Others 2023 LiveLaw (AB) 100
Randeep Singh Surjewala vs. State of U.P. and Another 2023 LiveLaw (AB) 101
Nand Gopal Gupta @ Nandi vs. State of U.P. 2023 LiveLaw (AB) 102
Isha Agrawal vs. State of U.P. and Another 2023 LiveLaw (AB) 103
Om Prakash vs. State of U.P. and Another 2023 LiveLaw (AB) 104
Khalid Azeem @ Ashraf vs. State Of U.P. And 5 Others 2023 LiveLaw (AB) 105
Vishwanath vs. State Of U.P. Thru. Addl. Chief Secy. Deptt. Home, Lko 2023 LiveLaw (AB) 106
Shrey Singh vs. Union Of India And 9 Others 2023 LiveLaw (AB) 107
Mahendra Pal And Ors. vs. State Of U.P.Thru Addl.Chief Secy. Deptt Of Basic Edu.Andors along with connected matters 2023 LiveLaw (AB) 108
Deepak vs. State Of U.P. Thru. Prin. Secy. Home Deptt., Lko. And Others 2023 LiveLaw (AB) 109
Agra Development Authority v. Baba Construction Pvt. Ltd. FAO No. 1033 of 2021 2023 LiveLaw (AB) 110
Arvind Singh vs. State Of U.P. Thru. Secy. Home Deptt. 2023 LiveLaw (AB) 112
Mohammad Tariq Qashmi vs. State of U.P. 2023 LiveLaw (AB) 113
ORDERS/JUDGMENTS OF THE MONTH
Case title - Maneesh Pathak vs. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 18536 of 2020]
Case Citation: 2023 LiveLaw (AB) 80
In a significant observation, the Allahabad High Court has said that it is impermissible to dismiss bail applications for non-prosecution on account of the absence of counsel as it is violative of the fundamental rights of the prisoners guaranteed under Article 21 of the Constitution of India.
The Court added that in such cases, an amicus curiae should be appointed to represent the applicant/prisoner and the matter be heard on merits.
Case title - Vinod Bihari Lal vs. State of U.P. and Another and connected matter
Case citation: 2023 LiveLaw (AB) 81
The Allahabad High Court on Tuesday denied anticipatory bail to the Vice Chancellor of Sam Higginbottom University of Agriculture, Technology and Sciences (formerly Allahabad Agricultural Institute) (Dr.) Rajendra Bihari Lal and Institute's Director Vinod Bihari Lal in connection with a mass religious conversion case.
Noting that they are an influential person and their intent behind the charitable works appears to be
dubious, affecting the interest of a marginal section of society, the bench of Justice Manju Rani Chauhan said that they can't claim parity with other persons who have been released on anticipatory bail.
The bench noted that material evidence regarding mass conversion has been collected by the investigating agency that affects society at large and hence, it is a case concerning a
serious offence and cannot be taken lightly.
Case title - Ali @ Ali Ahmad @ Mohd Ali Ahmad vs. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 42431 of 2022]
Case Citation: 2023 LiveLaw (AB) 82
While denying bail to Ali Ahmad, son of 'Bahubali', 'Mafia Don' and former MP & MLA, Atique Ahmad in an attempt to murder case, the Allahabad High Court said that Ali is himself a Mafia Don in making, whose role has also figured in the Umesh Pal Murder case.
Umesh Pal, who was the star witness in the murder case of Raju Pal, a sitting Member of the Legislative Assembly, was shot dead on 24 February by the assailants outside his residence in Uttar Pradesh's Prayagraj
Case title - Mohd. Abdul Khaliq Vs. State Of U.P. And Another [APPLICATION U/s 482 No. - 1743 of 2021]
Case Citation: 2023 LiveLaw (AB) 83
Stressing the importance of cows in Hinduism and the need to stop the practice of killing them, the Allahabad High Court hoped that the Central Government would take an appropriate decision to ban cow slaughter in the country and to declare the same as a 'protected national animal'.
The bench of Justice Shamim Ahmed also observed that since India is a secular country where we must have respect for all religions and in Hinduism, the belief and faith is that the cow is representative of divine and natural beneficence, and therefore, it should be protected and venerated.
Case Title - The Indian Express Pvt. Ltd vs Union Of India And 15 Others
Case Citation: 2023 LiveLaw (AB) 84
The Allahabad High Court has directed the Prescribed Authority under The Working Journalists And Other Newspaper Employees (Conditions Of Service) And Miscellaneous Provisions Act, 1955, to refer the dispute, pertaining to deduction of salaries of the Indian Express employees during the COVID-19 pandemic, to the Labour Court.
Various employers including the newspapers had deducted the salaries of employees or workmen during the pandemic. In the case filed by certain employees of the Indian Express, it has been stated that they provided services even during the period in question - April 01, 2020, to February 28, 2021, but the daily still deducted a certain percentage of their monthly salary.
Case title - Kalika Pratap Singh vs. State Of U.P. And Another [APPLICATION U/S 482 No. - 33349 of 2022]
Case citation: 2023 LiveLaw (AB) 85
The Allahabad High Court has observed that while considering the prayer for quashing the charge sheet, the Court cannot examine any defence of the accused which has yet to be placed before the subordinate Court.
The bench of Justice Shekhar Kumar Yadav observed thus while refusing to entertain the plea filed by one Kalika Pratap Singh seeking to quash criminal proceedings initiated against him for allegedly abetting the suicide of a woman.
Case title - Krishna Kumar Pal @ Umesh Pal vs. State Of U.P. And 2 Others [CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 5 of 2019]
Case citation: 2023 LiveLaw (AB) 86
While cancelling bail granted to an accused (Farhan) in the 2005 murder of then BSP legislator Raju Pal in Prayagraj, the Allahabad High Court observed that in the area of the Police Station Dhomanganj/Dhoomanganj, Prayagraj the writ of the State Government does not run, rather, the writ of dreaded criminal, Ateeq Ahmad runs.
The court observed thus as it noted that both Raju Pal and the star witness of the murder case, Umesh Pal (killed last month) were eliminated by assailants acting allegedly at the behest of Former MP Atique Ahmed.
Case Title - Rajesh Chandra @ Rakesh And Another vs. State Of U.P. And 2 Others
Case Citation: 2023 LiveLaw (AB) 87
The Allahabad High Court directed the Principal Secretary (Revenue) Uttar Pradesh to conduct an inquiry against the officials of the National Highways Authority of India (NHAI) for the delay in awarding compensation to people of nine villages despite acquiring their land for a highway project.
The bench of Justice Sunita Agarwal and Justice Manjive Shukla passed this order on a plea moved by two such landholders whose pieces of land were acquired in 2016, however, no compensation for the same was awarded to them even when the highway has already been constructed.
Case title - U.P. Sr.Basic Shiksha Mahasha.U.P.Officer Shri N.P.M.Vidy.Raebareli Thru. President Ankur Chaudhari vs. State Of U.P. Thru. Addl. Chief/Prin. Secy. Basic Education U.P. Civil Secrt. Lko. And Others [PUBLIC INTEREST LITIGATION (PIL) No. - 178 of 2023]
Case Citation: 2023 LiveLaw (AB) 88
The Allahabad High Court has observed that the state is not bound to provide free textbooks and uniforms to all the students studying in unaided junior high schools being managed by private management.
The bench of Justice Devendra Kumar Upadhyaya and Justice Subhash Vidyarthi however added that the state and local authorities do have a duty to provide free textbooks and uniforms each year only to such students who are admitted in terms of the provisions of Section 12(1)(c) of the RTE Act, 2009.
Case title - Syed Mohiuddin Ahmad vs. State Of U.P. And 2 Others [CRIMINAL APPEAL No. - 8338 of 2022]
Case citation: 2023 LiveLaw (AB) 89
The Allahabad High Court quashed an order of the subordinate court issuing a summons to an accused for facing the trial of offence under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 as it noted that the alleged act of abusing the victim took place inside the car, and not in public view.
The bench of Justice Raj Beer Singh relied upon the Uttarakhand High Court's ruling in the case of Hitesh Verma vs. The State of Uttrakhand and another 2020 AIR (SC) 5584, wherein it was held that if the alleged incident of abuse took place inside the car, which is not in public view, thus, no offence under Section 3(1)(da), (dha) can be said to be made out.
Case Title- X (Minor) v. State of U.P. and Another
A bench of Justice Sanjay Kumar Pachori of Allahabad High Court granted bail under section 12 of JJ Act (Juvenile Justice Act,2015) to a person, who was at the time of incident juvenile and accused of heinous offence. The court observed that the Appellate Court and JJ Board (Juvenile Justice Board) have failed to properly appreciate the mandatory provision of section 12 of JJ Act.
The bail application of the accused person charged under Sections 302,201,34 of Indian Penal Code (I.P.C) was rejected by the JJ Board on the ground of gravity of the offence and the reason that there appears a reasonable ground for believing that the guardian of the juvenile has no effective control over the accused person and there is a possibility of re-occurrence of the offence after his release.
Case title - Ramu Mallah vs. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 10996 of 2020]
Case citation: 2023 LiveLaw (AB) 91
Terming 'Mukhtar Ansari Gang' as the most dreaded criminal gang of India, the Allahabad High Court denied bail to an alleged Ansari gang member in a murder case.
The bench of Justice Dinesh Kumar Singh observed thus while denying bail to a murder accused (one Ramu Mallah), who is an alleged member of the Mukhtar Ansari Gang.
Before the Court, Ramu Mallah's bail plea was opposed by the government while arguing that he is a member of the Mukhtar Ansari gang and that an FIR has been registered against Ramu Mallah under serious sections including murder, Arms Act.
Case title - Purushottam Chaudhary vs. Central Bureau Of Investigation Thru. The Superintendent Of Police Cbi/Acb Lko [APPLICATION U/S 482 No. - 1974 of 2023]
Case Citation: 2023 LiveLaw (AB) 92
The Allahabad High Court explained as to when a Proclamation under Sections 82, 83 CrPC be issued against a person to compel him to appear before the court be issued. The bench of Justice Rajesh Singh Chauhan decoded the procedure as laid down in the CrPC for the issuance of a proclamation, summons, and arrest warrants
Untangling the intricate procedure laid down in the Code of Criminal Procedure (CrPC) regarding the issuance of proclamation, the bench set aside a Non Bailable warrant and issuance of process under Section 82 of the CrPC against one Purushottam Chaudhary pertaining to a corruption case.
Allahabad High Court Denies Bail To Former UP MLA Kamlesh Pathak In Gangster Act Case
Case Title - Kamlesh Pathak vs. State of Uttar Pradesh [CRIMINAL MISC. BAIL APPLICATION No. - 21738 of 2022]
Case Citation: 2023 LiveLaw (AB) 93
The Allahabad High Court denied bail to former Uttar Pradesh Legislative Assembly member Kamlesh Pathak in the Gangster Act Case registered against him.
The bench of Justice Krishna Pahal did not find reasonable grounds for believing that Pathak is not guilty of such offence mentioned in the Gang Chart and that he is not likely to commit any offence while on bail
The Court also took into account the gravity of offence and the criminal antecedents of Pathak to deny him the benefit of bail.
Lucknow Terror Conspiracy Case 2021: Allahabad High Court Grants Bail To Two Alleged Terrorists
Case title - Mohd. Mustaqeem vs. State Of U.P. Thru. Nia along with a connected matter
Case Citation: 2023 LiveLaw (AB) 94
The Allahabad High Court recently granted bail to two alleged terrorists who were arrested last year in connection with a conspiracy to carry out a pressure cooker bombing in Lucknow. Earlier, the NIA court had dismissed their bail plea.
The bench of Justice Attau Rahman Masood and Justice Om Prakash Shukla passed this order on bail pleas moved by accused Mohd. Mustaqeem and Mohammad Shakeel in view of the gravity of their 'unblemished' past antecedent and the gravity of the offences for which the trial is framed.
Case title - Subesh Kumar Singh vs. State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Govt. Of U.P. Civil Secrett. Lucknow And Others along with connected matters
Case Citation: 2023 LiveLaw (AB) 95
The Bench of Allahabad High Court upheld the CBI inquiry report which found that the death of Dy CMO Dr. Y.S Sachin inside the Lucknow jail in June 2011 was suicidal and not homicidal.
With this, the bench of Justice Dinesh Kumar Singh also quashed the summoning order of the magistrate against 7 retired/serving government officers to face the trial in connection with the murder of Dr. Y.S. Sachan and for causing the disappearance of evidence.
Printed Proforma Not Acceptable: Allahabad High Court Quashes Cognizance Order By Magistrate
Case- Satya Pal v. State Of U.P. Thru. Prin. Secy. Home Lko. And Another
Case citation: 2023 LiveLaw (AB) 96
Justice Shamim Ahmed of Allahabad High Court has quashed the cognizance/summon order passed by a Civil Judge finding the order was passed on a printed proforma by filling up the blanks, without application of judicial mind.
The application was filed under section 482 of CrPC for quashing of summons order and the entire proceeding of criminal case filed under Sections 376, 313 of IPC.
Case title - Atikur Rehman vs. State of UP [CRIMINAL APPEAL No. - 2674 of 2022]
Case Citation: 2023 LiveLaw (AB) 97
Granting bail to the 'Hathras Conspiracy' case accused Activist Atikur Rehman, the Allahabad High Court noted that the state could not show any financial gain received by him barring a sum of Rs. 5K, which was received in his bank account.
UAPA Activist Rehman, who was arrested in October 2020 along with journalist Siddique Kappan and two others, on his way to Hathras to meet the family members of a gang rape and murder victim, has been in jail since October 2020.
Case title - Sujeet Sharma vs. State of U.P [CRIMINAL MISC. BAIL APPLICATION No. - 10173 of 2023]
Case Citation: 2023 LiveLaw (AB) 98
The Allahabad High Court granted bail to a man (named Sujeet Sharma) accused of making a video abusing the Chief Minister of the state, Yogi Adityanath, and sharing the same on WhatsApp.
The order was passed by the bench of Justice Ajay Bhanot after the counsel for the accused made a submission that the accused holds constitutional dignitaries in the highest regard and that he did not have any intention of insulting high constitutional dignitaries.
Case title - In Re Disruption Of Power Supply In Prayagraj vs. State Of U.P. Through Additional Chief Secretary Power U.P. Government And Others [PUBLIC INTEREST LITIGATION (PIL) No. - 2349 of 2022]
Case Citation: 2023 LiveLaw (AB) 99
The Allahabad High Court expressed its displeasure over the ongoing strike by the Uttar Pradesh electricity department employees despite the court's December 2022 order that the power supply should not be disrupted due to the strike by the employees.
Issuing contempt proceedings against the Employees' Association and its office bearers, the bench of Justice Ashwani Kumar Mishra and Justice Vinod Diwaker observed that even if there is a substance in the demand raised by the workers, yet, the entire State cannot be put to severe constraints by jeopardizing overwhelming public interest.
Case title - Saroj Kumari vs. State Of U.P. And 5 Others [WRIT - A No. - 2211 of 2023]
Case Citation: 2023 LiveLaw (AB) 100
The Allahabad High Court observed that the provisions of the Maternity Benefit Act 1961 allowing for the grant of benefits to a woman would be applicable even after the birth of the child.
The bench of Justice Ashutosh Srivastava also opined that a woman can avail of maternity leave even after the birth of the child and such benefit can even be extended in a case of legal adoption of a child or less than three months.
Case title - Randeep Singh Surjewala vs. State of U.P. and Another [APPLICATION U/S 482 No. - 9093 of 2023]
Case Citation: 2023 LiveLaw (AB) 101
The Allahabad High Court refused to quash a 23-year-old criminal case pending before the Varanasi Court against Congress' Rajyasabha MP Randeep Singh Surjewala as it noted that he has a remedy to move a discharge plea before the Trial Court.
The bench of Justice Rajiv Gupta also directed that in case the Congress MP files a discharge plea before the local court within a period of two weeks, the same be considered and decided expeditiously within six weeks.
Case title - Nand Gopal Gupta @ Nandi vs. State of U.P. [CRIMINAL APPEAL No. - 2590 of 2023]
Case Citation: 2023 LiveLaw (AB) 102
The Allahabad High Court suspended a 1-year jail term awarded to Uttar Pradesh cabinet minister Nand Gopal Gupta 'Nandi' by an MP/MLA court in Allahabad in January this year in connection with a 9-year-old assault case.
The Court also issued a direction for his release on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned subject to deposition of fine.
Case title - Isha Agrawal vs. State of U.P. and Another [CRIMINAL MISC. BAIL CANCELLATION APPLICATION No. - 36 of 2023]
Case Citation: 2023 LiveLaw (AB) 103
The Allahabad High Court canceled bail granted by a local court to a district court advocate who has been accused of sending obnoxious messages to a lady judge thereby causing harassment. The Court underscored that the Policy of Zero Tolerance in such matters has become imperative.
Dealing with the plea moved by the lady judge herself seeking cancellation of his bail, the bench of Justice Siddharth observed that the sessions judge ought to have considered the fact that such conduct of the accused will have a deleterious effect on the functioning of the judicial system at the grass root of level.
Case title - Om Prakash vs. State of U.P. and Another [APPLICATION U/S 482 No. - 8514 of 2023]
Case Citation: 2023 LiveLaw (AB) 104
The Allahabad High Court observed that the prosecution in heinous offences such as rape and molestation of minors, which are punishable under the POCSO Act can't be quashed based on the compromise between the victim and the accused.
The Court also opined that the endeavour of the Court in a matter involving such offence is to determine the truth of the allegations and that the purpose is not to persecute the accused nor is it to let him off, because his relations with the complainant have taken a happier turn.
Case title - Khalid Azeem @ Ashraf vs. State Of U.P. And 5 Others [CRIMINAL MISC. WRIT PETITION No. - 4003 of 2023]
Case Citation: 2023 LiveLaw (AB) 105
The Allahabad High Court directed the Uttar Pradesh Government to ensure the safety and proper security of Khalid Azim alias Ashraf, the brother of former Lok Sabha MP Atique Ahmed, during his jail transfer for the purpose of interrogation/remand proceedings in connection with the Umesh Pal Murder case.
The bench of Justice Kaushal Jayendra Thaker and Justice Syed Qamar Hasan Rizvi observed that under Article 21, it is the duty of the State to protect the right and liberty of each citizen.
Case title - Vishwanath vs. State Of U.P. Thru. Addl. Chief Secy. Deptt. Home, Lko [CRIMINAL MISC. BAIL APPLICATION No. - 3794 of 2023]
Case Citation: 2023 LiveLaw (AB) 106
The Allahabad High Court directed the State Government to issue directions orders to the Chief Medical Officers of the state regarding the preparation of postmortem reports or injury reports in typed format, which is legible.
The bench of Justice Brij Raj Singh issued this direction while granting bail to one Vishwanath, who has been accused of assaulting a victim, which resulted in his death. Pursuant to which, he was booked under Sections 323,504,506,304 IPC.
Case title - Shrey Singh vs. Union Of India And 9 Others [PUBLIC INTEREST LITIGATION (PIL) No. - 13 of 2021]
Case citation: 2023 LiveLaw (AB) 107
The Allahabad High Court directed the Bar Council Of India to take against the persons hosting websites which offer online law course without the approval of BCI.
The bench of Chief Justice (Designate) Pritinker Diwaker and Justice Saumitra Dayal Singh also asked the BCI to make appropriate recommendations to the Union of India to ensure that appropriate actions are taken to shut down such fraudulent websites.
Case title - Mahendra Pal And Ors. vs. State Of U.P.Thru Addl.Chief Secy. Deptt Of Basic Edu.Andors along with connected matters
Case Citation: 2023 LiveLaw (AB) 108
The Allahabad High Court directed the UP Government to prepare a revised select list of 69,000 Assistant Teachers selected through the Assistant Teachers Recruitment Examination (ATRE) 2019 rectifying the irregularities committed in fixing the quota for their appointment.
The bench of Justice Om Prakash Shukla observed that the rules were not followed in fixing reservations in the recruitment process and therefore, the authorities were directed to review the select list released on January 1, 2020.
Case title - Deepak vs. State Of U.P. Thru. Prin. Secy. Home Deptt., Lko. And Others [CRIMINAL MISC. WRIT PETITION No. - 2077 of 2023]
Case Citation: 2023 LiveLaw (AB) 109
The Allahabad High Court refused to quash an FIR lodged against a Bhim Army leader who has been accused of making hate speech against the Chief Minister of Uttar Pradesh, Yogi Adityanath and Bageshwar Baba, Dhirendra Shastri.
The Bench of Justice Ramesh Sinha (now serving as the Chief Justice of the Chhattisgarh High Court) and Justice Narendra Kumar Johari also declined to stay the arrest of the petitioner Deepak as it noted that prima facie, a case was made out against him.
Case Title: Agra Development Authority v. Baba Construction Pvt. Ltd. FAO No. 1033 of 2021
Case Citation: 2023 LiveLaw (AB) 110
The High Court of Allahabad has held that when the arbitration clause cover all the dispute arising out of the contract within its ambit then the scope of the arbitrator cannot be limited to decide only a particular dispute.
The bench of Justices Prashant Kumar and Manoj Kumar Gupta held that all the disputes that have arisen before the appointment of the arbitrator can be referred to him for adjudication as the claim for damages which has been made prior to invocation of arbitration, becomes a dispute within the meaning of the provision of 1996 Act and the arbitrator’s jurisdiction cannot be confined to a particular dispute.
Case title - Arvind Singh vs. State Of U.P. Thru. Secy. Home Deptt. [APPLICATION U/S 482 No. - 2613 of 2023]
Case Citation: 2023 LiveLaw (AB) 112
The Allahabad High Court recently cautioned the Trial Court against putting onerous surety conditions in bail matters which have no connection with the socio-economic status of the prisoner as it noted that the same would negate the order granting bail, and undermine the fundamental right of liberty of the prisoner guaranteed under Article 21 of the Constitution.
Stressing that the Constitution of India does not put a price tag on liberty, the bench of Justice Ajay Bhanot asserted that the purpose of sureties is dissuasive in intent, but unrealistic surety demands are punitive in effect.
Case title - Mohammad Tariq Qashmi vs. State of U.P. [CRIMINAL APPEAL No. - 605 of 2015]
Case Citation: 2023 LiveLaw (AB) 113
The Allahabad High Court granted bail to one Mohammad Tariq Qashmi who was arrested in december 2007 on the allegation of possessing 1.25 Kg of RDX and three detonators. Qashmi is also an accused in 2007 serial blasts case that targeted courts in Lucknow, Banaras and Faizabad districts of the state.
The bench of Justice Attau Rahman Masoodi and Justice Saroj Yadav ordered his release on bail as it took note of the fact that the aspect of recovery of explosive substance requires consideration and that he has already served out the sentence for about 16 years.
