Page 8 - Allahabad High Court

Gyanvapi case: HC adjourns till Feb 6 hearing on plea against puja orders

The Varanasi court, on Wednesday, allowed the Hindu plaintiffs to pray in the mosque's sealed basement, following which a puja was performed in the premises on Thursday

RBI 'mute spectator', allowing banks to charge high interest rates: HC

The Allahabad High Court has observed that the Reserve Bank of India has been a "mute spectator" while banks are imposing arbitrarily high interest rates on customers despite guidelines issued by the banking regulator. The observation was made by a bench comprising Justices Mahesh Chandra Tripathi and Prashant Kumar while disposing of a petition filed by Manmeet Singh who had availed of a loan of Rs 9 lakh from a private bank. "Surprisingly, RBI had been issuing guidelines but has done nothing for the implementation of the same. They have just been a mute spectator allowing the banks to charge arbitrarily a very high rate of interest," the court observed. On the RBI's responsibility as the banking regulator in the country, the court said, "Even if the benefit of doubt is given to the banks that they are free to charge the interest rate but it is duty of the RBI to see that the customers are not inconvenienced by huge rate of interest charged by the banks." The petitioner had obtain

Sri Krishna Janmabhoomi case: Will continue our fight, says Muslim side

The Supreme Court observed that HC has acted on a vague application seeking omnibus directions. The court noted that the application has to be specific

SC stays HC order for court-monitored survey of Shahi Idgah in Mathura

The Supreme Court on Tuesday stayed the Allahabad High Court order that allowed a court-monitored survey of the Shahi Idgah mosque adjoining the Krishna Janmabhoomi temple in Mathura. A bench of Justices Sanjiv Khanna and Dipankar Datta stayed the implementation of the December 14, 2023 order by which it had agreed to the appointment of a court commissioner to oversee the survey of the mosque premises which, the Hindu side claims, hold signs suggesting that it was a temple once. The bench said there are certain legal issues which have arisen and questioned the vague application made before the high court for appointment of a court commissioner for the survey. You can't file a vague application for appointment of court commissioner. It should be very specific on the purpose. You can't leave everything to the court to look into it, the bench told senior advocate Shyam Divan, appearing for Hindu bodies like Bhagwan ShriKrishna Virajman and others The bench said it is issuing notice to

SC upholds Ajay Mishra's acquittal in Lakhimpur Kheri murder case

The Supreme Court has upheld an order of the Allahabad High Court that dismissed an appeal filed by the Uttar Pradesh government in 2004 against Union minister Ajay Mishra's acquittal in a murder case. The case pertains to the killing of Prabhat Gupta in Lakhimpur Kheri district of Uttar Pradesh in 2000. A top court bench of Justices Bela M Trivedi and Pankaj Mithal said it was not inclined to interfere with the concurrent findings of facts recorded by the Lucknow bench of the high court and the trial court. "Having heard the senior counsel, Kapil Sibal, appearing for the petitioner, at length and after carefully perusing the material placed on record, we are not inclined to interfere with the concurrent findings of facts recorded by the two courts. Hence, the special leave petitions are dismissed," the bench said in its order passed on January 8. The trial court had acquitted Mishra in the case in 2004, after which the state government challenged the decision in the high court. T

SC rejects plea against HC order dismissing PIL on Krishna Janmabhoomi

The Supreme Court on Friday rejected a plea challenging an Allahabad High Court order dismissing a PIL seeking a direction to the Uttar Pradesh government to acquire the Krishna Jahmabhoomi Janmasthan at Mathura and hand it over to the Hindus for worshipping Lord Krishna. "The issue is already pending before the high court. Lets not have multiplicity of litigation," a bench of Justices Sanjiv Khanna and Dipankar Datta said while dismissing the appeal against the October 11, 2023 order of the high court. Petitioner Mahek Maheshwari's counsel said the high court has dismissed the PIL on the ground that suits are pending. The bench said the petitioner had filed a PIL and that is why it was dismissed by the high court. "We are not inclined to interfere with the impugned judgement and hence the SLP is dismissed. We clarify that the dismissal of the SLP does not comment on the right of parties to challenge the vires of any enactment or prevents or bars any party from challenging the vire

SC refuses to quash proceedings against Pawan Khera in remarks against PM

The Supreme Court on Thursday dismissed a plea by Congress leader Pawan Khera challenging the Allahabad High Court's refusal to quash criminal proceedings against him for allegedly making objectionable remarks against Prime Minister Narendra Modi. A bench of Justices B R Gavai and Sandeep Mehta said it was not inclined to interfere with the high court order. "Sorry, we are not inclined," the bench said. On August 17 last year, the high court had dismissed Khera's plea saying the evidence collected by the investigating officer of the case cannot be evaluated in petition filed under section 482 of the Code of Criminal Procedure (CrPC) for quashing the case. On March 20 last year, the top court had clubbed three FIRs lodged against Khera in Assam and Uttar Pradesh for allegedly making objectionable remarks against Prime Minister Modi and transferred the matter to the Hazratganj police station in Lucknow while extending his interim bail. The Lucknow court had granted him bail in the .

VC of agri university in Prayagraj arrested on attempt to murder charge

The Vice Chancellor of an agricultural university here was arrested and sent to jail in a case of attempt to murder after two people allegedly opened fire at the vehicle of a former BJP leader, a police official said on Monday. Rajendra Bihari Lal, the VC of Sam Higginbottom University of Agriculture, Technology and Sciences (SHUATS), was arrested on Sunday evening on the complaint of former BJP leader Diwakar Nath Tripathi and remanded in judicial custody. Tripathi had alleged that early on Sunday, two men who had accompanied Lal in an SUV had opened fire at him after trying to overtake and stop his vehicle when he was returning from his morning walk near Arail dam, SHO of Naini police station Yashpal Singh said on Monday. Based on the complaint of Tripathi, a case was filed against Lal in Naini police station under IPC sections 307 (attempt to murder), 504 (intentional insult to provoke breach of the peace) and 427 (mischief causing damage to the amount of fifty rupees). Accordin

Gyanvapi case: HC rejects all five suits challenging maintainability plea

The Allahabad High Court on Tuesday dismissed all five suits challenging the maintainability of a civil suit pending before a Varanasi court seeking restoration of a temple at the site where the Gyanvapi mosque exists. Pronouncing the judgment, Justice Rohit Ranjan Agarwal said the suit filed in 1991 before a Varanasi court is maintainable and not barred by the Places of Religious Worship Act, 1991. The court directed a comprehensive survey of the Gyanvapi mosque site. The petitions filed by the Anjuman Intezamia Masjid Committee (AIMC) and the Uttar Pradesh Sunni Central Waqf Board had also challenged a Varanasi court order of April 8, 2021 to conduct a comprehensive survey of the Gyanvapi mosque. The AIMC, which looks after the management of Gyanvapi mosque located adjacent to the Kashi Vishwanath temple at Varanasi, has challenged the maintainability of a suit filed before a Varanasi court, wherein the Hindu petitioners have sought restoration of a temple at the site where the .

Gyanvapi case: Allahabad HC rejects Muslim side's maintainability plea

The Allahabad High Court dismissed petitions of Sunni Central Waqf Board and Anjuman Intezamia Masjid Committee, and allowed suits seeking restoration of temple at Gyanvapi

ASI submits survey report on Gyanvapi Mosque to Varanasi district court

The report was shared in a sealed cover and the same will be shared with the petitioners on December 21

'No will to live': UP judge alleges sexual harassment, CJI seeks report

'I have no will to live anymore. I have been rendered to a walking corpse in the last year and a half,' said the woman judge in her letter to the CJI

Krishna Janmabhoomi dispute: HC approves survey of Shahi Idgah complex

Hindu outfits have alleged that the mosque was erected over Lord Krishna's birthplace and have demanded a survey

Marital rape: HC says man can't be charged where wife's age is 18 or more

The Allahabad High Court has observed that "protection of a person" from being charged in "marital rape continues in cases where the wife is of 18 years of age or more". The court also cited the judgment in the case of Independent Thought Vs Union of India (2017) where the Supreme Court had held that any sexual intercourse between a man and his wife aged between 15 to 18 years would amount to rape. Justice Ram Manohar Narayan Mishra, while acquitting a husband under section 377 of IPC for allegedly committing 'unnatural sex' with his wife, noted that "ingredients of unnatural sex, comprised under Section 377 IPC are included in Section 375 (a) IPC as observed by the High Court of Madhya Pradesh". In its order, the MP High Court had opined that Section 375 IPC related to rape (as amended by the 2013 Amendment Act) includes all possible parts of penetration of the penis. When consent for such an act is immaterial, then there is no scope for the offence of Section 377 IPC to get ...

Counsel's refusal to examine witness due to strike constitutes contempt: HC

Taking a serious note of delay in criminal trials especially on account of non-examination of witnesses, the Allahabad High Court on Friday ruled that any act of a counsel to prevent examination of a witness or refusal to examine a witness due to a strike call constitutes professional misconduct and contempt of court. The observation was made by Justice Ajay Bhanot while hearing the third bail application moved by an accused in a criminal matter, Noor Alam on grounds that in spite of directions to conclude the trial the same is not being concluded. The status report on the case sent by the trial court was to the effect that the lawyers repeatedly struck work. The striking lawyers prevented the examination of witnesses who had appeared before the trial court on the dates fixed. Non-examination of witnesses on various dates derailed the court process and delayed the trial. Consequently the order of this Court was not complied with. "In case examination of a witness is prevented by ..

Arms licence case: Allahabad HC rejects bail plea of UP MLA Abbas Ansari

The Allahabad High Court on Monday rejected the bail plea of Uttar Pradesh MLA Abbas Ansari, the son of gangster-turned-politician Mukhtar Ansari, in an arms licence case. In its order, the Lucknow bench of the high court stated that a large number of metal cartridges were recovered from Abbas Ansari despite it being banned in shooting. Justice Subhash Vidyarthi stated that it was a serious matter as the accused, despite being a public representative, committed this act. It was submitted on behalf of Abbas Ansari, an MLA of the Suheldev Bhartiya Samaj Party (SBSP), that he was a shooter and had a valid arms licence and hence he was entitled to keep three arms and there was no illegality in it. It was also submitted that the Delhi authorities had made correspondence with the Uttar Pradesh Police regarding the transfer of his arms licence, so it cannot be said that he concealed information about it. Opposing the plea, the state's counsel said that eight arms and more than 4,000 meta

SC rejects plea against transfer of Gyanvapi case from one court to another

The Supreme Court on Friday dismissed the Anjuman Intezamia Masjid Committee's plea challenging the Allahabad High Court chief justice's administrative decision withdraw the Gyanvapi case from a single-judge bench hearing it since 2021. The single-judge bench was hearing the plea challenging the maintainability of a suit seeking restoration of a temple at the site where the Gyanvapi mosque exists in Varanasi. Dismissed, a bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said after hearing the submissions of senior advocate Huzefa Ahmadi, who represented the mosque committee. We should not interfere with the order of the chief justice of the high court...In high courts, it is a very standard practice. This must lie in the realm of the chief justice of the high court, the bench said. The Anjuman Intezamia Masjid Committee (AIMC) is challenging the withdrawal of the case from one single judge bench and its assignment to some other bench by the

Allahabad HC calls live-in relationships timepass, says they lack sincerity

The petitioner, through her lawyer, told the court that she is 20-years-old and has every right to decide on her future

Allahabad HC acquits accused in Nithari case, overturns death penalty

Surendra Koli and Moninder Singh Pandher are the accused and co-accused in the infamous Nithari murders of UP's Noida

'Rapes, murders & cannibalism': A timeline of Nithari serial killings

The Allahabad High Court on Monday acquitted Surendra Koli in 12 cases and Moninder Singh Pandher in two cases