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 2020AP HC also held so in the case here.
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 2020Citations: [2]
Other Source links: https://indiankanoon.org/doc/172265121/
Allahabad High Court has held that,
From Para 39,
Afzal Ansari and 2 Ors Vs State Of U.P. and 2 Ors on 15 May 202039. 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.
Citations: []
Other Source links:
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.
Earlier Reference Order
Syed Wasif Husain Rizvi Vs Hasan Raza Khan and Ors on 02 December 2015Citations: [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
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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 2020Citations: [
Other Source links:
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Allahabad High Court has cited a landmark judgment here to hold as follow,
Anju and 6 Ors Vs State of U.P. and Anr on 02 December 2013 CRLP(A)_20954_2013The 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.
Citations:
Other Source links: http://elegalix.allahabadhighcourt.in/elegalix/WebShowJudgment.do?judgmentID=6568265 or https://www.casemine.com/judgement/in/5ac5e4224a93261a672e216f
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Dharm Raj Yadav and Ors Vs State of U.P. and Ors on 10 January, 2006
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Nice deal… Paid Rs.22 lakhs and got mukthi from all criminal cases in one swell-swoop… Courtesy: Allahabad High Court.
Alok Jaiswal and Anr Vs State of U.P. and Anr on 8 August, 2019Reproduced 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
This judgment from Allahabad High Court held that gifts given to the husband by the wife or some family member of wife is not Dowry.
Shivendra Raizada and Others Vs State of U.P. and Anr on 6 December, 2018
