Page 9 - Allahabad High Court

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

SC to hear Cong leader Pawan Khera's plea against HC order on Monday

The Supreme Court is scheduled to hear on Monday a plea of Congress leader Pawan Khera challenging 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 BR Gavai and Prashant Kumar Mishra is scheduled to hear the plea. The matter was also listed on October 13 but was adjourned after Khera's counsel sought time to file some additional documents. On August 17, the high court 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 CrPC for quashing the case. It had observed that since the top court had asked Khera to raise all the contentions before the chief judicial magistrate, Lucknow, it would be appropriate if he raises all his grievances before the said court. On March 20, the top court clubbed three FIRs lodged against Khera in Assam and Uttar Pradesh for ...

Hindu marriage not valid without 'saat pheras': Allahabad High Court

The word 'Saptapadi' or 'saat pheras' translates from Sanskrit to 'seven steps'

Lakhimpur Kheri violence: SC allows Ashish Mishra to meet ailing mother

Ashish Mishra, the son of Union Minister Ajay Mishra, moved Supreme Court challenging Allahabad High Court which denied bail to him in connection with the Lakhimpur Kheri violence case

SC refuses to hear plea seeking scientific survey in Krishna Janambhoomi

"We do not find it a case to exercise our jurisdiction under Article 136 more so for an interim order," the court said

Gyanvapi complex case: Allahabad High Court sets next hearing on Sept 18

Chief Justice Pritinkar Diwakar on Tuesday heard the petitions filed by the Anjuman Intezamia Masjid Committee and Sunni Central Waqf Board

Court grants 8 more weeks to ASI to complete Gyanvapi mosque survey

A Varanasi court on Friday granted additional time of eight weeks to the Archaeological Survey of India (ASI) to complete the scientific survey of the Gyanvapi mosque complex and submit its report. District Judge A K Vishvesh dismissed the mosque management committee's objection and provided the additional time to the ASI, government counsel Rajesh Mishra said. The ASI is carrying out a scientific survey of the Gyanvapi mosque premises, next to Kashi Vishwanath temple here, to determine whether the 17th-century mosque was constructed over a pre-existing structure of a Hindu temple. The survey began after the Allahabad High Court upheld a Varanasi district court order and ruled that the step is "necessary in the interest of justice" and will benefit both the Hindu and Muslim sides.

Phone recording, even made illegally, permissible evidence: Allahabad HC

The Lucknow bench of Allahabad High Court has held that recorded phone conversation is an admissible piece of evidence and it cannot be discarded even if obtained illegally. "The communication between the mobile phones of two accused persons when recorded on a digital voice recorder after putting the call on speaker, will not amount to interception," the bench said on Wednesday. A bench of justice Subhash Vidyarthi made the observation, passing an order on a revision plea moved by Mahant Prasad Ram Tripathi, a former CEO of Fatehgarh Cantonment Board. The petitioner had approached the HC against the trial court's order which rejected his discharge application seeking clean chit in a bribery case. The petitioner had challenged the proceedings of trial court on the ground that the entire case was based on recording of phone conversation which was obtained in an illegal manner and as such since this evidence cannot be admissible, the proceedings before the trial court was a futile ...

Changing partners every season not hallmark of stable society: Allahabad HC

The Allahabad High Court held that people who do not have a good relationship with their family cannot contribute to the country's progress

Gyanvapi case: Proceedings transferred to new bench of Allahabad High Court

The proceedings in the Gyanvapi case were moved to a new bench of the Allahabad High Court; the case had been reserved for a verdict set to be announced on Monday

SC to pass guidelines on summoning of officials in courts across nation

The Supreme Court on Monday said it will lay down broad guidelines for courts across the country to deal with the issue of summoning officials in cases involving the government and their officials. A bench comprising Chief Justice D Y Chandrachud and justices J B Pardiwala and Manoj Misra said there must be different set of procedures to deal with contempt proceedings arising out of non-compliance of final judgements and the interim orders passed in pending cases. In pending cases, the affidavits of officials may serve the purpose and in contempt cases, arising out of non-compliance of court orders, the presence of government officials concerned may be necessary, the bench said. "We will lay down some guidelines for summoning of government officers. There must be bifurcation of matters pending and the ones in which adjudication is complete. For pending (cases), summoning officers is not needed but once adjudication is complete then contempt steps in, it said. The court was hearing