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If statute provides for anything to be done in a particular manner, then it must be done in that manner alone and not otherwise and thus, the impugned order rejecting Siddique Kappan's discharge application is against the law propounded by the Supreme Court
Allahabad High Court said that Mukhtar Ansari is a known gangster, a dreaded criminal and bahubali and more than 50 criminal cases have been registered against him.
If during course of investigation some credible evidence have been collected, charge sheet has been filed, cognizance has been taken, discharge application has been rejected by the Trial Court by speaking and reasoned order and that order has been upheld by the Revisional Court, by a speaking and reasoned order, then Arvind Kejriwal must participate in the trial proceedings.
Allahabad High Court said that challenge to demand notice for electricity dues, issued jointly in name of Directors of the insolvent company cannot be sustained on the ground that liabilities of guarantor stood automatically discharged on acceptance of Resolution Plan.
Allahabad High Court has ordered for a comprehensive affidavit to be filed by the State furnishing explanation regarding the inaction against the unauhtorised hotels functioning in Lucknow.
Allahabad High Court said that police personnel are not above the law and the application of law and legal provisions should be one and the same for all and no special treatment shall be given to them.
U.P. Intermediate Education Act is not applicable to the teachers employed in private minority institutions. Thus, the teachers do not have the right to invoke the powers of the High Court, under Article 226.
Allahabad High Court said that the conduct of Sanjay Prasad shows deliberate and willful disobedience of the orders passed by the writ Court as well as this Court. Thus, it issued bailable warrants against him.
Allahabad High Court said that the Trial Court has erred in scrutinising and analysing the evidence on record and the finding in respect of the guilt of convict is perverse and not according to the law. Therefore, it granted benefit of doubt to the convict on the ground of rule of caution.
Allahabad High Court: In a suo motu contempt application against an Advocate, the division bench of Ashwani Kumar Mishra and Shiv Shanker
The view of the Full Bench in Kamla Yadav case, that a Motor Accident Claims Tribunal constituted under the Act is a Court subordinate to the High Court within the meaning of Section 115 of the Code, does not require reconsideration.
In the case at hand, the date of birth of both the petitioners showed them to be major and they claim their decision live together to be based upon voluntarily will/option.
Allahabad High Court observed that Section 201 IPC looks upon a person giving false information with intent to screen an offender as an accessory after the fact and makes him culpable as an offender committing an offence against public justice. It partly allowed the appeal against conviction under Section 201 IPC, but upheld the conviction for murder.
It is inclusion not exclusion, equality not inequality and democracy not executive fiat that runs as a common thread throughout our Constitution. In a society as diverse as ours it has been the endeavour of our Constitutional Courts to further strengthen this thread.
The legislation in its own wisdom have planned to use the state machinery to investigate into all those offences, in which the women are poor victims of the atrocities committed by male.
Allahabad High Court viewed that the tender authority, has been given a certain degree of leverage by the courts, being the best person to understand its requirements. Hence, a mere disagreement with the authority's decision-making process is not a reason for a constitutional court to interfere.
Allahabad High Court said that even if it is believed that part of proceeds of crime was transferred in the bank account of Atikur Rahman, that itself may not be sufficient to prove that Siddique Kappan has dealt with the proceeds of crime which had been allegedly received by K.A. Rauf Sherif. Thus, granted him bail.
A written statement sent by post or deliver by another person, may not fall under ‘to examine orally' but a written statement submitted by witness himself to I.O., and if the I.O. has assured its genuineness and reduced it in writing, shall be a statement duly recorded under Section 161 CrPC.
Fraud, as an exception to the rule of non-interference with encashment of bank guarantees, is not any fraud, but a fraud of an egregious nature, going to the root i.e., to the foundation of the bank guarantee and an established fraud. The entire case of the respondent fails to qualify for this.
Allahabad High Court: In an anticipatory bail application plea filed by former Union Minister for Home Affairs and spiritual personality