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Category: High Court of Allahabad Judgment or Order or Notification

Kamlesh Kumar Vs Girish Kapoor and Anr on 12 Apr 1984

Posted on December 13, 2020 by ShadesOfKnife

One of the earliest judgments on Stay proceedings in a Revision at Sessions Court.

From Paras 6 and 7,

6. The above order was passed in revisional jurisdiction of the Sessions Judge. Obviously that jurisdiction was exercised Under Section 397, Cr.P.C. Under its provisions the Sessions Judge could pass an interlocutory order by directing “that the execution of any sentence or order be suspended….” It is, therefore, clear that in a revision, the Sessions Judge could, during the pendency of the revision, suspend either sentence or order against which the revision has been filed. In the present case there is no question of any sentence. There was only the order in question against which revision was filed. At best the said order could only be suspended during the pendency of the revision.

7. The question of suspending the order would only arise if it was still to be executed. If the order had already come into operation, there remained nothing to be suspended. In the present case it is undisputed fact that in pursuance of the order of the learned Magistrate, applicant Kamlesh Kumar had already executed the necessary bonds on the same date and had taken delivery of the said print of the film ‘Naseeb’. Accordingly there remained nothing which could be suspended.


Casemine Version:

Kamlesh Kumar Vs Girish Kapoor and Anr on 12 Apr 1984

Citations :

Other Sources :

https://indiankanoon.org/doc/1179659/

https://www.legalcrystal.com/case/473801/kamlesh-kumar-vs-girish-kapoor-anr

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 397(1) - Stay on Lower Court Proceedings in Revision CrPC 397/399 - Revision Kamlesh Kumar Vs Girish Kapoor and Anr Landmark Case Legal Procedure Explained Reportable Judgement | Leave a comment

Noor Jahan Begum @ Anjali Mishra and Anr Vs State of UP and 4 Ors on 16 Dec 2014

Posted on November 1, 2020 by ShadesOfKnife

Based on the landmark judgment from Supreme Court is here, Allahabad High Court held against the Love Jihad marriages in India.

Noor Jahan Begum @ Anjali Mishra and Anr Vs State of UP and 4 Ors on 16 Dec 2014

Citations :

Other Sources :

https://indiankanoon.org/doc/22354729/


Many such Love Jihad marriages are listed here, for awareness purpose, as nothing can be done to such legally major ladies.

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged 1-Judge Bench Decision Landmark Case Legal Procedure Explained Love Jihad marriages in India Noor Jahan Begum @ Anjali Mishra and Anr Vs State of UP and 4 Ors Religious Convertion Reportable Judgement | Leave a comment

Saumitra Anand and Ors Vs Registrar General High Court of Allahabad and Ors on 27 Jul 2020

Posted on September 23, 2020 by ShadesOfKnife

Again a fundamental rule to be followed who are seeking a writ of Mandamus from a High Court. First seek justice for the Concerned authority against whom the Writ is being prayed for. Once that stage is exhausted (successfully or otherwise), the litigant is good for filing the writ of mandamus.

Saumitra Anand and 4 Ors Vs Registrar General High Court of Allahabad and 2 Ors on 27 Jul 2020

AP HC also held so in the case here.

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged Demanding of Justice from Concerned Authority in Govt is a Must before Seeking Writ of Mandamus Saumitra Anand and Ors Vs Registrar General High Court of Allahabad and Ors | Leave a comment

Manish Kumar Mishra Vs. Union Of India and 4 Ors on 01 May 2020

Posted on May 16, 2020 by ShadesOfKnife

The 3-judge bench of Allahabad High Court held right the decision made in Nawal Kishore Sharma here.

Manish Kumar Mishra Vs. Union Of India And 4 Ors on 01 May 2020

Citations: [2]

Other Source links: https://indiankanoon.org/doc/172265121/

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged 3-Judge Bench Decision Manish Kumar Mishra Vs. Union Of India and 4 Ors Nawal Kishore Sharma Vs Union of India and Ors Referred to Large Bench Reportable Judgement Territorial Jurisdiction of High Courts | Leave a comment

Afzal Ansari and 2 Ors Vs State Of U.P. and 2 Ors on 15 May 2020

Posted on May 16, 2020 by ShadesOfKnife

Allahabad High Court has held that,

From Para 39,

39. Therefore, we are of the considered opinion that Azan can be recited by Muezzin from minarets of the Mosques by human voice without using any amplifying device and the administration is directed not to cause hindrance in the same on the pretext of the Guidelines to contain the  pandemic Covid19, unless such guidelines are being violated.

Afzal Ansari and 2 Ors Vs State Of U.P. and 2 Ors on 15 May 2020

Citations: []

Other Source links:

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Afzal Ansari and 2 Ors Vs State Of U.P. and 2 Ors Article 21 of The Constitution of India Catena of Landmark Judgments Issue of Usage of Loud Speakers Public Interest Litigation Reportable Judgement | Leave a comment

Syed Wasif Husain Rizvi Vs Hasan Raza Khan and Ors on 22 January 2016

Posted on April 3, 2020 by ShadesOfKnife

3-Judge Full Bench comprising Chief Justice DY Chandrachud (as he was at Lucknow Bench of Allahabad High Court) declared the following reference in affirmative,

“Whether writ petition under Article 226 of the Constitution can be filed by Power of Attorney holder?”

Safeguards

Having held so, we must, at the same time, emphasize the necessity of observing adequate safeguards where a writ petition is filed through the holder of a power of attorney. These safeguards should necessarily include the following:
(1) The power of attorney by which the donor authorises the donee, must be brought on the record and must be filed together with the petition/application;
(2) The affidavit which is executed by the holder of a power of attorney must contain a statement that the donor is alive and specify the reasons for the inability of the donor to remain present before the Court to swear the affidavit; and
(3) The donee must be confined to those acts which he is authorised by the power of attorney to discharge.

Syed Wasif Husain Rizvi Vs Hasan Raza Khan and Ors on 22 January 2016

Earlier Reference Order

Syed Wasif Husain Rizvi Vs Hasan Raza Khan and Ors on 02 December 2015

Citations: [2016 AWC 2 1525], [2016 LCD 34 373], [2016 AIR ALL 52]

Other Source links: https://indiankanoon.org/doc/114640689/ or https://www.casemine.com/judgement/in/5811a4a5e691cb26fc4d9447


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged Landmark Case Legal Procedure Explained Power of Attorney Reportable Judgement Syed Wasif Husain Rizvi Vs Hasan Raza Khan and Ors | Leave a comment

Ankit Bharti Vs State of U.P. and Anr on 02 March 2020

Posted on March 4, 2020 by ShadesOfKnife

A landmark judgment, where in Full-bench (5-Judge) of Allahabad High Court held that, Sessions Court and High Court have concurrent jurisdiction in matters of 438 CrPC (Anticipatory Bail) and that there is no rule that first option at Sessions Court ought to be exhausted before seeking audience at High Court, but can be done so under Special circumstances only.

Ankit Bharti Vs State of U.P. and Anr on 02 March 2020

Citations: [

Other Source links:


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged Ankit Bharti Vs State of U.P. and Anr CrPC 438 - Anticipatory Bail CrPC 438 - Direction for grant of bail to person apprehending arrest CrPC 438 - High Court can be approached under Special Circumstances for AB Full-Bench Decision Landmark Case Legal Procedure Explained Reportable Judgement | Leave a comment

Anju and 6 Ors Vs State of U.P. and Anr on 02 December 2013

Posted on February 15, 2020 by ShadesOfKnife

Allahabad High Court has cited a landmark judgment here to hold as follow,

The Hon’ble Apex Court in the aforesaid verdict Municipal Corporation of Delhi Vs. Girdharilas Sapuru and others (Supra) has held that the discharge order terminates the proceeding and, therefore, it is revisable under Section 397 (1) Cr.P.C. This Court while passing the order in Criminal Misc. Writ Petition No.11721 of 2012 (Supra) has held that an order refusing discharge is not an interlocutory order, inasmuch as if the said application is allowed, it would terminate the proceedings, therefore, the revision against the said order would be maintainable.
In view of the aforesaid decisions, the revision against dismissing the discharge application was very well maintainable before the learned lower revisional court and as such, the order passed by the learned lower revisional court is not sustainable in law.

Anju and 6 Ors Vs State of U.P. and Anr on 02 December 2013 CRLP(A)_20954_2013

Citations:

Other Source links: http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=6568265 or https://www.casemine.com/judgement/in/5ac5e4224a93261a672e216f


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from main.sci.gov.in/judgments, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged Anju and 6 Ors Vs State of U.P. and Anr CrPC 397/399 - Revision CrPC 397/401 - Revision | Leave a comment

Dharm Raj Yadav and Ors Vs State of U.P. and Ors on 10 January, 2006

Posted on September 8, 2019 by ShadesOfKnife

 

Dharm Raj Yadav and Ors Vs State of U.P. and Ors on 10 January, 2006

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged Dharm Raj Yadav and Ors Vs State of U.P. and Ors Not Authentic copy hence to be replaced Work-In-Progress Article

Neera Chandra Vs Union of India and Ors on 26 August, 2019

Posted on September 3, 2019 by ShadesOfKnife
The Allahabad High Court has held that mere pendency of a criminal case is not a valid reason for impounding a person’s passport. Reliance was made on Menaka Gandhi v. Union of India, 1978(1) SCC 248 here.
Neera Chandra Vs Union of India and Ors on 26 August, 2019

Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Allahabad Judgment or Order or Notification | Tagged Maneka Gandhi Vs Union Of India Neera Chandra Vs Union of India and Ors Passports Act - Sec 10(3)(e)

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