Posts

Showing posts with the label Allahabad High Court

Allahabad High Court Quashes 1991 Vidhan Sabha Ruckus Case

Image
“Futile Litigations Must Be Chopped Off”: A Judicial Call for Criminal Justice Reform Background of the Case In a significant ruling addressing judicial delay and systemic inefficiency, the Lucknow Bench of the Allahabad High Court quashed criminal proceedings pending for over 34 years in connection with an alleged ruckus at the Uttar Pradesh Vidhan Sabha premises in 1991 . The judgment was delivered by Justice Pankaj Bhatia on January 28 , allowing two petitions filed by Madhukar Sharma and Sanjay Singh , who sought quashing of the entire criminal proceedings arising out of the said incident, which were pending before a district court in Lucknow. Allegations in the 1991 FIR According to the First Information Report (FIR), the alleged incident occurred on February 15, 1991 , when the informant was on duty at Gate No. 1 of the Uttar Pradesh Vidhan Sabha . The FIR alleged that: The accused persons, along with 30–40 others , created a ruckus inside the assembly premises They attempted ...

Nikki Bhati ‘Murder’ Case — Allahabad High Court Grants Bail to Brother-in-Law

Image
Case Background — Alleged Murder and Accused Family Member The case concerns the alleged murder of Nikki Bhati , in which the victim’s brother-in-law was named as one of the accused persons. The prosecution narrative links the accused to the circumstances surrounding the alleged homicide, placing him within the circle of suspected involvement in the crime. The proceedings before the Allahabad High Court deal specifically with the question of whether the accused brother-in-law should be granted bail during trial . Earlier Bail Rejection — Court Found “No Sufficient Ground” On December 5 , the Allahabad High Court rejected the first bail application of the accused brother-in-law. In its earlier order, the Court observed that there were not sufficient grounds at that stage to justify release on bail. The rejection was based on: seriousness of allegations gravity of offence nature of material on record at the time of hearing The Court had accepted the prosecution’s submission that granti...

Allahabad High Court: Candidates on Waiting List Have No Absolute Right to Appointment

Image
Introduction The Allahabad High Court has reiterated that a candidate placed on a waiting list does not acquire an absolute right to appointment, nor can a waiting list or recruitment process remain operative indefinitely. The ruling was delivered by Justice Saurabh Shyam Shamshery while dismissing a writ petition filed by five candidates, including Nitish Maurya, in relation to appointments to LT Grade Assistant Teacher posts in aided higher secondary schools in Uttar Pradesh. Background of the Case Selection Process and Initial Claims The petitioners participated in the recruitment process conducted by the Uttar Pradesh Secondary Education Service Selection Board (UPSESSB), Prayagraj, for the post of Assistant Teacher (LT Grade) in privately managed, recognised, and aided higher secondary schools. Initially: The petitioners did not feature in the merit list Nor did they appear in the waiting list Subsequently, they approached the High Court seeking directions for filling vacant posts...

Allahabad High Court: Absence of Written Tenancy Agreement Does Not Bar Eviction Proceedings Under UP Urban Premises Tenancy Act, 2021

Image
Case Title / Court / Bench / Date Case: Writ Petitions filed by Canara Bank Branch Office and Others Court: Allahabad High Court Bench: Justice Rohit Ranjan Agarwal Decision Date: 16 December 2025 Statute Involved: Uttar Pradesh Regulation of Urban Premises Tenancy Act, 2021 Background of the Case The issue before the Allahabad High Court was whether a landlord can file an eviction application before the Rent Authority under the UP Regulation of Urban Premises Tenancy Act, 2021 , when: No written tenancy agreement was executed, and The landlord failed to furnish tenancy particulars to the Rent Authority. Earlier orders had rejected such eviction applications as non-maintainable , holding that absence of a written tenancy agreement ousted jurisdiction. The petitioners (including Canara Bank) challenged these findings. Key Legal Issue Before the Court Whether the Rent Authority under the UP Tenancy Act, 2021 has jurisdiction to entertain eviction applications in cases where: tenancy...

Allahabad High Court Acquits Three Men After 38 Years: Failure of Proof and Conflict Between Ocular and Medical Evidence

Image
Introduction In a significant judgment highlighting the importance of fair criminal adjudication and evidentiary scrutiny, the Allahabad High Court acquitted three men who had been serving life imprisonment for nearly four decades in a 1982 murder case. The Court held that the prosecution had failed to prove guilt beyond reasonable doubt and that the trial court’s conviction rested on conjectures and misappreciation of evidence. The bench of Justice JJ Munir and Justice Sanjiv Kumar observed that the case was one of blind murder , and the crime was likely committed by someone else during the night, with the prosecution’s version contradicted by medical findings. Order Date: 18 December 2024 Background of the Case Alleged Incident (1982) According to the prosecution case: The deceased was allegedly assaulted by 11 accused persons on 8 July 1982 . It was claimed that one accused inserted a lathi into the deceased’s body. The informant (brother of the deceased) alleged that he was thr...

Allahabad High Court Acquits Man After 24 Years in Jail: Conviction Based Solely on Section 313 CrPC Admission Held Unconstitutional

Image
Case Background and Procedural History The Allahabad High Court has set aside the conviction of Azad Khan, who had spent nearly 24 years in prison following a life sentence awarded in 2002 in connection with a dacoity case. The trial court had convicted him under Section 395 (dacoity) and Section 397 (robbery or dacoity with attempt to cause death or grievous hurt) of the Indian Penal Code, solely on the basis of his admission recorded during his statement under Section 313 of the Code of Criminal Procedure (CrPC). The conviction arose from allegations that in the year 2000, the appellant, along with 10–15 unidentified miscreants, allegedly entered the complainant’s residence, assaulted family members, looted valuables, and opened fire, injuring three persons. Conviction Based Solely on Section 313 CrPC Admission — Judicial Scrutiny The Division Bench comprising Justice JJ Munir and Justice Sanjiv Kumar observed that the trial court had erroneously premised the conviction exclusively o...

RIGHTS UNDER SC/ST ACT SHOULD NOT BE MISUSED: ALLAHABAD HIGH COURT OBSERVATION

Image
The Allahabad High Court has delivered an important order addressing the balance between the protection granted under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) and the need to prevent its misuse. While granting bail to two accused in a rape case, the Court underscored that the Act’s victim-centric provisions must not be abused. CASE BACKGROUND: NINE-YEAR DELAY IN FIR In the case before the Allahabad High Court, Justice Anil Kumar heard the bail applications of two appellants, Aznan Khan and Furkan Ilahi, accused of rape and offences under the SC/ST Act. The victim lodged an FIR in 2025 alleging offences that occurred in 2016. According to her statement, Furkan met her in 2016, took her to a hotel and then to the residence of co-accused Aznan Khan, where the alleged assault occurred. She stated that she remained silent for nearly nine years based on Furkan’s assurance that he would marry her. She further alleged continued physical r...

Allahabad High Court Flags Massive Irregularities in Uttar Pradesh Birth Certificate System

Image
The Allahabad High Court has strongly criticised the functioning of Uttar Pradesh’s birth certificate issuance system, describing it as a “mess” and reflective of dishonesty operating at multiple administrative levels. The court’s observations came during the hearing of a writ petition that exposed the ease with which multiple birth certificates with conflicting details can be obtained in the state. Case Background: Two Birth Certificates, Two Different Dates of Birth Facts of the Petition The issue surfaced during the hearing of a writ petition filed by an individual named Shivanki . The Deputy Director of UIDAI, Regional Office, Lucknow, submitted documents that revealed the petitioner possessed two separate birth certificates , both issued by the Registrar of Births and Deaths, but: from two different authorities, and with two different dates of birth. Details of the Conflicting Certificates Certificate 1: Issued by: Primary Health Centre, Manauta Date of bir...

Allahabad High Court Refuses Police Protection to Live-In Couple: Freedom vs. Legal Rights

Image
Background of the Case The Allahabad High Court, in a recent ruling dated 7 November , declined to grant police protection to a couple claiming to be in a live-in relationship. The petition was filed by Sonam and her alleged partner (referred to as petitioner no. 2), who sought a writ of mandamus to restrain the woman’s husband and the police from interfering in their lives. The Court emphasized that the woman was still legally married under the Hindu Marriage Act , and therefore, the claimed “live-in relationship” could not be accorded legal protection. Court’s Key Observation: Freedom Cannot Override Legal Rights Freedom vs. Statutory Rights Justice Vivek Kumar Singh held that although an adult has autonomy over personal choices, including relationships, such autonomy is not absolute . The Court clarified that the right to personal liberty under the Constitution cannot be exercised to violate the statutory rights of another person . Quote from the judgment: “A spouse has sta...

Encroachment on Public Land: A Growing Threat to Governance and Public Welfare

Image
Encroachment of public land has become one of the gravest challenges in India’s urban and rural governance. From roads and footpaths to village ponds and forest areas, illegal occupation of land not only undermines the rule of law but also threatens environmental sustainability, public resources, and the right to equitable access. The recent directive from the Allahabad High Court , ordering the removal of encroachments from public land within 90 days across Uttar Pradesh , marks a crucial step toward restoring accountability and protecting common property. Allahabad High Court’s Landmark Order In a public interest litigation (PIL) filed by Manoj Kumar Singh , it was alleged that a village pond in Chauka village of Mirzapur district was encroached upon by locals and that the administration failed to take action. The bench led by Justice P.K. Giri , in an order dated October 6, 2025 , directed the Uttar Pradesh government to remove all encroachments from public or utility lands wi...

Allahabad High Court Orders Status Quo on Yamuna Floodplain Farmhouses, Clubs Case with 2023 Petition

Image
The Allahabad High Court has issued a directive for status quo to be maintained on a fresh dispute over alleged illegal constructions on the Yamuna floodplain in Noida. The court’s decision, issued on August 26 and uploaded on August 31, 2025 , consolidates ongoing legal scrutiny of environmental violations in the ecologically sensitive region. Background: Petition by 30 Farmhouse Owners The court order came in response to a petition filed by 30 farmhouse owners challenging demolition notices issued by the Noida Authority . The petitioners alleged selective targeting of certain properties, claiming that their farmhouses: Are five kilometres away from the riverbank Lie outside the High Flood Level (HFL) zone Are temporary in nature Do not obstruct the natural flow of the Yamuna River The petitioners also challenged the Noida Authority’s demarcation of the floodplain, carried out under the River Ganga (Rejuvenation, Protection and Management) Authorities Order, 201...

Unsafe Portions of 7,630 UP Schools Demolished: Government Submits Report to Allahabad HC

Image
The Uttar Pradesh government has informed the Lucknow bench of the Allahabad High Court that unsafe and dilapidated portions of 7,630 schools across the state have been demolished between April 1, 2024, and July 31, 2025 . This action, aimed at improving student safety, follows strict adherence to the Supreme Court’s landmark judgment in Avinash Mehrotra vs. Union of India and Others , which emphasized school safety infrastructure. Compliance with Supreme Court Guidelines The demolition drive targeted government primary, junior high, and composite schools identified as structurally unsafe. According to the state government’s affidavit, a statewide safety inspection is ongoing to ensure compliance with Supreme Court mandates. Additional Advocate General ( AAG ) K.P. Tripathi , appearing before the division bench of Justice Alok Mathur and Justice Brij Raj Singh , informed the court that the tender process for further safety inspections is already underway and is expected to con...

Supreme Court Criticises Allahabad High Court's "Victim Invited Trouble" Remark in Rape Case

Image
Apex Court Cautions Against Insensitive Judicial Language In a significant development, the Supreme Court of India has strongly criticised the Allahabad High Court for making inappropriate remarks in a rape case, particularly the observation that the complainant "invited trouble" by accompanying the accused to his house after consuming alcohol. A bench comprising Justices BR Gavai and Augustine George Masih addressed the matter during a hearing on Tuesday. The Supreme Court bench cautioned judges against making such insensitive and unsubstantiated remarks in cases involving sexual violence. Justice Gavai emphasized that while bail decisions depend on the facts of each case, judges must exercise care and discretion in how they phrase their orders, especially when they relate to the complainant. “Yes, bail can be granted, but what is this discussion that she herself invited trouble? One has to be careful when saying such things, especially on this side,” said Justice ...

Poker and Rummy are Games of Skill, Not Gambling : Allahabad High Court

Image
Poker and Rummy are Games of Skill, Not Gambling :  Allahabad High Court In a significant ruling, the Allahabad High Court has affirmed that poker and rummy should be classified as games of skill rather than gambling. The decision came from a division bench comprising Justice Shekhar B Saraf and Justice Manjeev Shukla, who delivered the judgment in response to a petition filed by DM Gaming Private Limited. Petition Filed by DM Gaming Private Limited DM Gaming Private Limited challenged an earlier order by the Agra City Commissionerate that denied the company permission to operate poker and rummy gaming units. The company filed a petition under Article 226 of the Constitution, challenging the decision made by the Deputy Commissioner of Police (DCP), Agra City Commissionerate, on January 24, 2024. Basis of the Petition: Games of Skill vs Gambling The crux of the petition rested on the legal distinction between games of skill and gambling. DM Gaming argued that poker and rummy have be...