Advocates Act | Only Enrolled Advocates Can Practise Law; Power Of Attorney Holders Can't Plead As A Matter Of Right: Allahabad HC

The Allahabad High Court has categorically held that a person, even if holding a Power of Attorney, cannot appear and plead as a pleader or attorney for and on behalf of litigants as a matter of right in defiance of the provisions of the Advocates Act, 1961. Referring to Sections 29 and 33 of the Advocates Act 1961, a bench of Justice Vinod Diwakar effectively held that only...

No Person Can Demand Investigating Officer Of Their Choice Or From A Specific Caste Or Community: Allahabad High Court

The Allahabad High Court has observed that no person can seek a direction that the Investigating Officer in a particular case must be of his own choice or that he must belong to a specific caste or community.Stating that such demands are impermissible under law, a bench of Justice Abdul Shahid stayed the criminal proceedings in an SC-ST Act case in which the complainant sought a fresh...

Allahabad High Court Grants Bail To Man Accused Of Operating Fake Embassy, Posing As 'Consul'

The Allahabad High Court recently granted bail to a 49-year-old man accused of operating a fake embassy in Ghaziabad and running a 'Consulate' while claiming himself to be a 'Royal Advisor'.Considering the fact that a charge sheet has been filed and further custodial interrogation of the accused is not required, a bench of Justice Ashutosh Srivastava granted bail to the applicant,...

Advocate Can't Become A PIL Petitioner To Advance Cause Of Clients; May Amount To Professional Misconduct: Allahabad HC

The Allahabad High Court recently observed that an advocate who is approached by his clients for redressal of the grievance cannot be permitted to become a petitioner and file a Public Interest Litigation (PIL) plea advancing the cause of his clients.Noting that this conduct may amount to professional misconduct, a bench of Chief Justice Arun Bhansali and Justice Kshitij Shailendra dismissed...

Access To Electricity A Fundamental Right U/Art 21: Allahabad HC Comes To Aid Of Daughter-In-Law Seeking Power Connection

Stressing that securing an electricity connection is a Fundamental Right guaranteed under Article 21 of the Constitution of India, the Allahabad High Court recently directed state authorities to process an application filed by a daughter-in-law for a new domestic connection amidst a matrimonial dispute. A bench of Justice Shekhar B Saraf and Justice Abdhesh Kumar Chaudhary passed the order on...

Disturbing Trend; IOs Acting Under Pressure: Allahabad HC Slams 'False' FIRs Under 'UP Unlawful Conversion Act'

The Allahabad High Court on Monday strongly condemned a "disturbing trend" of false FIRs being lodged in the state under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. Observing that FIRs are being lodged "left and right" under the 2021 law, which subsequently turn out to be fallacious, the Court directed the Additional Chief Secretary (Home) of the state to file...

'Those Who Twisted My Speech Were At Fault, Not Me': Allahabad HC's Justice Shekhar Yadav Retires Amid Pending Impeachment Motion

Allahabad High Court judge Justice Shekhar Kumar Yadav, whose controversial remarks at a public event in December 2024 prompted an impeachment motion against him, RETIRED TODAY. Addressing the Full Court reference held in his honour, Justice Yadav clarified that the words of his speech at the event organised by the legal cell of the Vishva Hindu Parishad (VHP) in Prayagraj were twisted and...

'Performing Daughter's Marriage A Pious Obligation In Hindu Way Of Life': Allahabad HC Grants Short-Term Bail To Convict

Observing that performing the marriage of a daughter is one of the pious obligations in the Hindu way of life, the Allahabad High Court recently granted a 7-day short-term bail to a convict to allow him to participate in his daughter's wedding. A bench of Justice Ram Manohar Narayan Mishra passed the order on an application filed by Desh Raj in a pending appeal challenging...

Complainant Can Move Plea U/S 311 CrPC To Summon Witnesses; Public Prosecutor's Application Not A Precondition: Allahabad HC

The Allahabad High Court recently observed that, in a state case, a court can exercise its power under Section 311 CrPC to summon witnesses or exhibit documents, even on an application filed by the complainant.The Court also clarified that filing of an application by the Public Prosecutor is not a 'precondition' for exercise of powers under this provision [now Section 348 BNSS] A bench...

Mere Reservation For Future Planning Not 'Utilisation' Of Acquired Land: Allahabad High Court Directs Restoration To Landowner

The Allahabad High Court has held that mere reservation of land for “future planning” without any actual development or use of the land does not amount to 'utilization' under Section 17 of the U.P. Urban Planning and Development Act, 1973.Section 17 of the U.P. Urban Planning and Development Act, 1973 provides acquisition of the land by State Government under the Land Acquisition Act...

Mere Discrepancy In DOB Without Intent To Deceive Isn't Fraud: Allahabad High Court Quashes Govt School Teacher's Dismissal

The Allahabad High Court has ruled that a mere discrepancy in the dates of birth in different educational records of a government servant, bereft of any element of fraud, misrepresentation, or deliberate concealment, won't be 'fraud or wilful misrepresentation' so as to nullify his appointment. A bench of Justice Manju Rani Chauhan thus quashed the June 2019 dismissal order passed against...

'Investigation Tainted, One-Sided': Allahabad High Court Acquits 2 Men In 1986 Murder Case

The Allahabad High Court last week set aside the life imprisonment of 2 men convicted in a 1986 murder case as it observed that the investigation in the case was "tainted and one-sided". A bench of Justice Chandra Dhari Singh and Justice Devendra Singh-I also found faults with the trial court over its failure to examine the case of the accused-appellants in respect of the cross-case in...