'Pursuing Cases Against Very Powerful Individual': Allahabad HC Orders Interim Security For Man Questioning Rahul Gandhi's Citizenship

The Allahabad High Court (Lucknow Bench) on Thursday directed the Union of India to immediately provide one Personal Security Officer (PSO) from the Central Armed Police Forces to a man who claimed constant threats on account of pursuing multiple cases against MP Priyanka Vadra and MP and Leader of Opposition, Rahul Gandhi, including questioning his citizenship. A Bench...

'Practice Seriously Deprecated': Allahabad HC Takes Exception To Advocate Addressing Court Sans Filing Vakalatnama Or Authority Letter

The Allahabad High Court recently took strong objection to an advocate addressing the Court without any Vakalatnama or authority letter from the client, observing that such a practice is 'detrimental' to the litigants on behalf of whom such an advocate is appearing. A Division Bench of Justice Rajesh Singh Chauhan and Justice Syed Qamar Hasan Rizvi deprecated this practice while...

Police Has No Unbridled Power To Open History-Sheet On Likes Or Dislikes; Cogent Material Required For Reasonable Suspicion: Allahabad High Court

The Allahabad High Court has ruled that police cannot exercise 'unbridled' and 'uncanalised' power in opening history sheets against someone merely on the basis of their likes or dislikes, and that cogent and reliable material is required to form a reasonable suspicion. The Court specifically observed that Regulations 228 and 240 of the Uttar Pradesh Police Regulations do not give...

Allahabad High Court Raps Horticulture Dept Director For Denying Maternity Leave On 2-Yr Gap Ground; Issues Contempt Notice

The Allahabad High Court last week took serious note of the conduct of the Director, Horticulture and Food Processing Department, Uttar Pradesh, for once again rejecting a woman employee's application for maternity leave on the ground that a gap of two years had not elapsed between the first and second maternity leave. While hearing the petition filed by one Sushila Patel, a bench...

Hindu Marriage Doesn't Become Invalid Merely Because It Is Not Registered: Allahabad High Court

The Allahabad High Court has held that a Hindu marriage does not become invalid merely because it is not registered, and therefore, a Family Court cannot insist on the production of a marriage registration certificate in a mutual divorce petition. The court added that while the State Governments are empowered to make rules for registering such marriages, their purpose is only to...

Executing Court Empowered To Grant Statutory Interest Not Mentioned In Award U/S 36 Of Arbitration Act: Allahabad High Court

Following the judgment of the Delhi High Court in Union of India and Anr. v. Sudhir Tyagi, the Allahabad High Court has held that under Section 36 of the Arbitration and Conciliation Act, 1996, the Executing Court is empowered to grant statutory interest which may not have been mentioned in the arbitral award.In Union of India and Anr. v. Sudhir Tyagi, it was held that “..the interpretation...

Allahabad HC Orders Preliminary Inquiry U/S 340 CrPC Into Alleged Forgery, Fabrication Of Judicial Records In Anticipatory Bail Proceedings

The Allahabad High Court recently directed the Registrar General of the HC to conduct a preliminary judicial inquiry under Section 340 CrPC against a man whose wife has accused him of securing an order from the HC by committing forgery, impersonation, suppression of material facts and fabrication of judicial records. A bench of Justice Shekhar Kumar Yadav passed the order on...

Appointments Secured On Forged Documents Void Ab Initio, Can Be Cancelled Sans Disciplinary Proceedings: Allahabad HC

The Allahabad High Court has ruled that appointments secured on the basis of forged and fraudulent documents are void ab initio, and therefore do not confer any right to continue in service or claim salary. A bench of Justice Manju Rani Chauhan added that in such cases, before cancelling an appointment, disciplinary proceedings envisaged by Article 311 of the Constitution of India...

Officer Appointed Under State GST Act Is Authorised To Discharge Duties As Proper Officer For IGST & CGST: Allahabad High Court

The Allahabad High Court has held that an officer appointed under the State Goods & Service Tax Act will be Proper Officer under the Integrated Goods & Service Tax Act as well as the Central Goods & Service Tax Act. Perusing Section 4 of the IGST Act read with rule 20 of the CGST Act, Justice Piyush Agrawal held that “The provision provides that the Officer...

Advocates Have Dual Responsibility Towards Clients & Towards Court: Allahabad High Court Deprecates Counsel Arguing After Order Dictation

The Allahabad High Court has recently observed that Advocates have a dual responsibility; one, towards the client, and second, towards the Court where they must assist the Court respectfully rather than causing disruptions in the proceedings.In a case where the counsel for the bail applicant kept on arguing even after the bail was rejected by the Court, Justice Krishan Pahal...

High Court Can't Assume Jurisdiction U/S 482 CrPC To End Trial If Case Involves Disputed Questions Of Facts: Allahabad High Court

The Allahabad High Court has recently held that where disputed questions of facts are involved, it cannot under Section 482 CrPC assume jurisdiction for appreciation of evidence. The case must be dealt by the trial court, held the Court.Holding that disputed questions of facts were involved, Justice Deepak Verma held,“it is well settled that the appreciation of evidence is a function of...

Unjustified To Dismiss An Appeal Due To Delay When Identical Challenge In Another Appeal Was Heard On Merits: Allahabad High Court

The Allahabad High Court has held that it is not justified to dismiss one appeal on grounds of limitation when an identical order has been challenged on identical grounds in a different appeal within limitationThe bench of Chief Justice Arun Bhansali and Justice Kshitij Shailendra held“it does not appear to be justified that, in one matter, validity of the order returning the plaint is...