'Dictatorial Orders Impeach Autonomy Of Fourth Estate': Allahabad HC On DM Halting Govt Ads To 'Amar Ujala' Newspaper

In a relief for 'Amar Ujala' Newspaper, the Allahabad High Court recently directed the District Magistrate, Sambhal, to take a 'pragmatic' view in the matter wherein the news daily alleged that they are not being given the government advertisements. It was Amar Ujala's case that the DM concerned passed an order based on a news piece about a Gurudwara dispute. Though a corrigendum...

'Acid Attacks Are A Class Apart': Allahabad High Court Refuses To Quash FIR; Slams UP Police Over Delayed Injury Reports

The Allahabad High Court has observed that in matters where acid is being used as a weapon of assault, they are a 'class apart' because of the nature of the weapon of offence Noting the need for a thorough investigation, a bench of Justice JJ Munir and Justice Vinai Kumar Dwivedi dismissed a writ petition seeking to quash an FIR concerning a planned acid attack over a...

Allahabad High Court Directs Centre To Decide Plea Claiming Ex-Chinese National Obtained Indian Citizenship By Fraud

The Allahabad High Court recently directed the Central Government to pass a reasoned order within 4 weeks on a plea seeking action against a former Chinese national who has been accused of obtaining Indian citizenship by fraud. A bench of Justice Shekhar B Saraf and Justice Indrajeet Shukla passed the order on a writ petition filed by the Maha Bodhi Society of...

Suspension Order Subject To Inquiry Isn't Blacklisting; State Free To Reject Bid Over Quality Concerns: Allahabad High Court

The Allahabad High Court has held that a suspension order cannot be casually treated as a blacklisting order, especially when the suspension order is subject to inquiry. However, the Court upheld the rejection of a technical bid as it noted that poor past performance is a valid ground for rejection in the public interest. The bench of Justice Shekhar B Saraf and Justice Abdhesh...

'Scandalous, Wild & Hollow': Allahabad HC Slams Man For Making False Sex Racket Claims Against Wife & Daughters

The Allahabad High Court on Tuesday dismissed a criminal writ petition filed by a man who sought registration of an FIR against the persons who are involved in the alleged Sex Racket running in Kanpur Nagar. Though the petitioner initially raised concern over the uploading of indecent videos of his wife and daughter online, in later hearings, he eventually made...

'Only Prima Facie Case Is Seen At Charge-Framing Stage': Allahabad HC Refuses Relief To Book Editor Accused Of Insulting Quran

The Allahabad High Court last week dismissed a criminal revision petition filed by a book editor seeking discharge in a case of allegedly publishing insulting words against Islam and the Quran. Observing that, at the stage of framing charges, only a prima facie case is to be seen, a bench of Justice Subhash Chandra Sharma upheld a trial court order refusing to discharge Revisionist-Dr....

Common Intention | S. 34 IPC Not Attracted Sans Proving Prior Concert: Allahabad High Court Acquits Man In 1985 Murder Case

The Allahabad High Court has observed that to convict someone for an offence with the aid of Section 34 IPC, it must be established that the accused person had a prior concert with one or more persons for the commission of the crime. With this, a bench of Justice Siddharth and Justice Vinai Kumar Dwivedi set aside a 1989 judgment that convicted a man (appellant no. 2) for murder with the...

Fracture Of Hyoid Bone Not Mandatory To Prove Strangulation: Allahabad High Court Denies Bail To Husband

The Allahabad High Court has observed that it is not necessary in the case of strangulation that there should be a fracture in the hyoid bone, and there may be cases of strangulation without a fracture in the hyoid bone, which is a small U-shaped floating bone in the neck. A bench of Justice Arun Kumar Singh Deshwal further ruled that delay in recording the statement of witnesses is...

Dispossession Proceedings Under BNSS Impermissible When Party Is In Actual Possession: Allahabad High Court

The Allahabad High Court has held that proceedings for dispossession under Section 164/165 BNSS cannot be initiated if party in actual possession of property. Justice Brij Raj Singh held “The State Authority has to protect the parties but if actual possession is there with answering-opposite party nos.2 and 3, they cannot be dispossessed by proceeding under Sections 164/165 BNSS except...

Habeas Corpus Plea Seeking Custody Not Barred By Guardians & Wards Act, Writ Can Be Invoked In Child's Best Interest: Allahabad High Court

The Allahabad High Court quashed a single judge's order which had rejected a mother's habeas corpus petition seeking custody of her child from the father, observing that her plea could not have been dismissed on the ground that there was remedy available under Guardians and Wards Act. In doing so the court said that the writ court can invoke its extra-ordinary jurisdiction if it is in the...

S. 482 CrPC | Successive Quashing Petitions Not Maintainable On Grounds Available Earlier But Abandoned: Allahabad High Court

The Allahabad High Court today dismissed a 'third' quashing petition filed by an accused relating to the same criminal proceedings, raising a ground that was available earlier but not taken up.A bench of Justice Samit Gopal effectively ruled that successive quashing petitions u/s 482 CrPC seeking to quash criminal proceedings on grounds that were previously available are...

Allahabad High Court Upholds Retrospective Application Of Payment Of Bonus Amendment Act, 2015

The Allahabad High Court has upheld the validity of retrospective applicability of Payment of Bonus (Amendment) Act, 2015 on grounds that no new rights of the employees were being created by the amendment and it was not impairing any existing rights of the employers. The Amendment Act raises the eligibility of 'employee' under the Act from those who earned maximum of Rs. 10,000/- per month...