Allahabad High Court on Order Of Judicial Remand And Habeas Corpus Petition
1 year, 3 months ago

Allahabad High Court on Order Of Judicial Remand And Habeas Corpus Petition

Live Law  

While dismissing a habeas corpus petition, the Allahabad High Court imposed a cost of Rs. It is a well accepted principles that a writ of Habeas Corpus is not to be entertained when a person committed to the judicial custody or the police custody by a competent court by an order, which prima facie does not appear without jurisdiction or passed in absolutely mechanical manner or wholly illegal as has been stated in judgement in B.Ramchandra Rao & Kanu Sanyal.” Further, the Court observed “The court is required to scrutinize the legality or otherwise of the order of detention which has been passed unless the court is satisfied the person has been committed to the jail custody by virtue of an order that suffer from vice of lack of jurisdiction or absolute illegality a habeas corpus writ petition cannot be granted. Additional Government Advocate raised a primary objection as to the maintainability of the Habeas Corpus petition when the petitioner had the remedy to apply for bail before the High Court under Section 439 Cr.P.C. However, the Court noted that in the entire pleadings, the petitioner had not said anything regarding non-compliance of mandatory provisions and non-application of mind while passing the judicial remand order.

Court Habeas Corpus Writ Order Judicial Fir Magistrate Petitioner Remand Habeas Corpus Petition Habeas Corpus Petition Judicial Remand  order  petitioner  corpus  petition  remedy  court  high  remand  judicial  allahabad  habeas  writ

History of this topic

'Judicial Time & Resources Abused': Punjab & Haryana HC Imposes Rs.5 Lakh Cost On Litigant For Supressing Facts, Filing Repeated Pleas
3 days, 22 hours ago

'Judicial Time & Resources Abused': Punjab & Haryana HC Imposes Rs.5 Lakh Cost On Litigant For Supressing Facts, Filing Repeated Pleas

Live Law  

The Punjab & Haryana High Court imposed a cost of Rs.5 lakh on litigant who repeatedly abused the process of court by filing successive pleas and suppressed “crucial fact.” The plea was filed challenging the resumption order of a land which was allotted to the petitioner subject to certain conditions. A bench of Justice Arun Palli and Justice Vikram Aggarwal …

[GST] Assesee Cannot File For Requisite Documents Once Plea Is Accepted And Notice Is Issued: Allahabad High Court
1 week, 6 days ago

[GST] Assesee Cannot File For Requisite Documents Once Plea Is Accepted And Notice Is Issued: Allahabad High Court

Live Law  

The Allahabad High Court has held that an assessee cannot file for the supply of requisite documents after the adjudicating body has accepted the plea placed by them and issued notice pursuant to it. Petitioner replied stating that the discrepancies pointed out were lesser than the amount calculated in the notice and filed the requisite documents. High Court Verdict The …

Supreme Court Sets Aside Allahabad HC's Imposition Of Rs.1 Lakh Cost On Advocate Mehmood Pracha, Expunges Adverse Remarks Made Against Him
2 weeks, 1 day ago

Supreme Court Sets Aside Allahabad HC's Imposition Of Rs.1 Lakh Cost On Advocate Mehmood Pracha, Expunges Adverse Remarks Made Against Him

Live Law  

The Supreme Court today set aside Allahabad High Court's imposition of Rs.1 lakh cost on Advocate Mehmood Pracha over a petition filed by him concerning videography during the electoral process. Personal remarks made against the counsel in the impugned High Court order were also expunged.A bench of Justices Surya Kant and Manmohan passed the order, upon Election Commission of India …

Allahabad High Court Imposes Rs. 50K Cost On Litigant For Concealing Facts, Says Counsel Had 10 Yrs+ Standing But Failed His Bounden Duty
4 weeks ago

Allahabad High Court Imposes Rs. 50K Cost On Litigant For Concealing Facts, Says Counsel Had 10 Yrs+ Standing But Failed His Bounden Duty

Live Law  

While considering a case under the Consolidation of Holdings Act, 1963, the Allahabad High Court has imposed a cost of Rs. Case Background Petitioners approached the Court stating that in the year 2019-20, consolidation proceedings were conducted on their land under the Consolidation of Holdings Act, 1963. High Court Verdict The Court relied on the decision of the Allahabad High …

Habeas Corpus Plea For Accused In Judicial Custody By Order Of Competent Court Not Maintainable: Punjab & Haryana High Court
3 months ago

Habeas Corpus Plea For Accused In Judicial Custody By Order Of Competent Court Not Maintainable: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that a habeas corpus plea seeking the release of the accused, who is in judicial custody by virtue of an order passed by a court of competent jurisdiction, and, whose regular bail application has also been dismissed by the trial Court concerned, is not maintainable.Justice Kuldeep Tiwari refused to entertain the habeas …

Allahabad High Court Bars Lawyer's Entry In New Chamber Block As He Filed PILs Opposing Its Construction
4 months ago

Allahabad High Court Bars Lawyer's Entry In New Chamber Block As He Filed PILs Opposing Its Construction

Live Law  

Earlier this month, the Allahabad High Court imposed cost of Rs. This is a perfect case where exemplary cost should be imposed on the petitioner.” Petitioner approached the High Court claiming that the soli mining was being done by L&T for the said construction was being done illegally without taking permission from the Mining Department and without any Environmental Clearance …

Allahabad High Court Half Yearly Digest: January - June 2024 [Citations 1-415]
5 months, 2 weeks ago

Allahabad High Court Half Yearly Digest: January - June 2024 [Citations 1-415]

Live Law  

ORDERS/JUDGMENTS UP Victim Compensation Scheme 2014 | Eligibility/ Quantum Of Compensation For Rape Victims To Be Decided By DLSA, Not Court: Allahabad HC Case Title: Ramesh Alias Mehandi Hasan vs. State Of U.P. The bench comprising of Justice Alok Mathur held, “Considering the aforesaid judgments and also nature of the work involved in the present case where the workmen were …

'Misleading Court': Punjab & Haryana High Court Imposes Rs 50K Cost For Not Disclosing Similar Plea Was Dismissed For Non-Prosecution
6 months, 2 weeks ago

'Misleading Court': Punjab & Haryana High Court Imposes Rs 50K Cost For Not Disclosing Similar Plea Was Dismissed For Non-Prosecution

Live Law  

Observing that it amounts to "misleading court", the Punjab & Haryana High Court has imposed a cost of Rs.50,000 on a petitioner who did not disclose in the plea that a similar petition was dismissed for "non-prosecution. Observing that it amounts to "misleading court", the Punjab & Haryana High Court has imposed a cost of Rs.50,000 on a petitioner who …

Allahabad High Court Directs UP Govt To Pay ₹25K Compensation To Man Illegally Detained By 'SDM' For 3 Days
8 months ago

Allahabad High Court Directs UP Govt To Pay ₹25K Compensation To Man Illegally Detained By 'SDM' For 3 Days

Live Law  

Last week, the Allahabad High Court directed the state government to pay Rs. On January 11, 2022, another bail application was moved on behalf of the petitioner before respondent no.3, but it was heard only on January 13, 2022, and the petitioner was released thereafter. It was the specific case of the petitioner that despite the bail application moved by …

Successive Habeas Corpus Petition Challenging Same Detention Order Not Maintainable Even If New Grounds Are Raised: Kerala High Court
9 months, 3 weeks ago

Successive Habeas Corpus Petition Challenging Same Detention Order Not Maintainable Even If New Grounds Are Raised: Kerala High Court

Live Law  

The Kerala High Court has stated that successive habeas corpus petitions are maintainable if fresh grounds are raised, however, a successive habeas corpus petition challenging the same detention order is not maintainable before the same court even on fresh grounds. A second habeas corpus writ was filed by the petitioner-wife of detenu before the High Court challenging the very same …

Allahabad High Court Annual Digest 2023: Part II [Citations 257 - 511]
11 months, 1 week ago

Allahabad High Court Annual Digest 2023: Part II [Citations 257 - 511]

Live Law  

ORDERS/JUDGMENTS Beneficiary Of Acquired Land Cannot File Reference U/S 28A Of Land Acquisition Act, 1894: Allahabad High Court Case Title: Rajendra Prasad Sharma vs. State of U.P. And 6 Others Case Citation: 2023 LiveLaw 272 The Allahabad High Court has held that remedy of revision under Section 210 of the U.P. “Respectfully following the judgments in the case of the …

Kerala High Court Dismisses Habeas Corpus Plea
1 year ago

Kerala High Court Dismisses Habeas Corpus Plea

Live Law  

The Kerala High Court today closed the Habeas Corpus petition filed by the father of Dr Akhila @ Hadiya alleging that his daughter had been missing since the last month and they were unable to contact her. A division bench comprising Justice Anu Sivaraman and Justice C. Pratheep Kumar observed that Hadiya is not under any illegal detention and thus …

Supreme Court Shocked At Advocate Telling High Court That He Won't Argue Before Particular Bench, Issues Contempt Notice
1 year ago

Supreme Court Shocked At Advocate Telling High Court That He Won't Argue Before Particular Bench, Issues Contempt Notice

Live Law  

The Supreme Court, while hearing a criminal appeal, expressed its shock at the conduct of an advocate for refusing to argue before the High Court. “Needless to add that only on account of default by the advocate for the appellants, the appellants ought not to have been penalized by passing a drastic order of cancelling bail.” Elaborating, the Court went …

Deemed The Second Petition As Not Maintainable When It Could Have Been Presented During The Filing Of First Petition
1 year, 1 month ago

Deemed The Second Petition As Not Maintainable When It Could Have Been Presented During The Filing Of First Petition

Live Law  

The Supreme Court on Monday held that a second petition under Section 482 Criminal Procedure Code, 1973 on grounds that were available for challenge even at the time of filing of the first petition would not be maintainable.A bench of Justice C T Ravikumar and Justice Sanjay Kumar observed that even though there is no absolute bar on a second …

[S.15A SC/ST Act] Victim Need Not Be Put To Notice Of Habeas Corpus Plea Moved By Accused Following Preventive Detention: Madras High Court
1 year, 2 months ago

[S.15A SC/ST Act] Victim Need Not Be Put To Notice Of Habeas Corpus Plea Moved By Accused Following Preventive Detention: Madras High Court

Live Law  

The Madras High Court has made it clear that the habeas corpus petition challenging the preventive detention of a person who is accused of committing offences under the Schedules Caste/Scheduled Tribe Act is not a 'connected proceeding' for the purposes of Section 15-A and of the Act. Court held that habeas corpus is a constitutional remedy available under Article 226 …

High Court questions habeas corpus petition seeking child's custody
1 year, 8 months ago

High Court questions habeas corpus petition seeking child's custody

Deccan Chronicle  

Hyderabad: A two-judge bench of the Telangana High Court called upon a petitioner to explain how a habeas corpus petition was maintainable seeking child custody. Justice Shavili pointedly asked the petitioner to establish that the court can grant custody of a child in a habeas corpus petition. Jubilee Hills police asked to probe trespass of property Justice B. Vijaysen Reddy …

Gujarat High Court Imposes ₹5000 Cost On Man For Seeking Custody Of Live-In Partner Who Is Married To Another Man
1 year, 9 months ago

Gujarat High Court Imposes ₹5000 Cost On Man For Seeking Custody Of Live-In Partner Who Is Married To Another Man

Live Law  

The Gujarat High Court dismissed a habeas corpus petition with Rs. 5000/- cost on the petitioner who was seeking custody of his live-in partner alleging that she was in illegal custody of her husband. We are, therefore, of the view that custody of respondent No.4 with respondent No.5 cannot be termed as illegal custody as alleged by the petitioner and …

Habeas corpus case: Telangana HC directs police to set aside detention order
1 year, 9 months ago

Habeas corpus case: Telangana HC directs police to set aside detention order

Deccan Chronicle  

Hyderabad: A two-judge bench of the Telangana High Court on Friday directed the police to set aside a detention order in a habeas corpus case. The bench of Justice Abhinand Kumar Shavili and Justice Pulla Karthik heard the writ petition filed by Kota Swati, wife of the detainee, seeking that her husband be produced. The bench of Justice Abhinand Kumar …

Supreme Court Disapproves Allahabad HC Dismissing Several Bail Applications On Same Day For Default
1 year, 10 months ago

Supreme Court Disapproves Allahabad HC Dismissing Several Bail Applications On Same Day For Default

Live Law  

The Supreme Court disapproved the dismissal of about 50 bail applications for default/non-prosecution in a single day by Allahabad High Court.The bench of Justice Ajay Rastogi and Bela M. Trivedi was disposing a plea challenging the High Court's order which dismissed a anticipatory bail application for non-prosecution.During the last hearing, it had sought a report from the Registrar of the. …

Allahabad High Court Dismisses Plea Questioning Continuance Of Yogi Adityanath As UP CM, Imposes ₹11K Cost
2 years, 1 month ago

Allahabad High Court Dismisses Plea Questioning Continuance Of Yogi Adityanath As UP CM, Imposes ₹11K Cost

Live Law  

The Allahabad High Court on Wednesday dismissed a plea questioning continuance of Yogi Adityanath as the Chief Minister of State of Uttar Pradesh. Court's observations At the outset, the Court noted that under the garb of filing a writ petition, the Petitioner had actually challenged the election of Yogi Adityanath from 322 - Gorakhpur Urban Legislative Assembly. The Court further …

Supreme Court Seeks Response From Allahabad HC Judge For Dismissing 45 Anticipatory Bail Pleas On Same Day In Same Fashion For Non-Prosecution
2 years, 1 month ago

Supreme Court Seeks Response From Allahabad HC Judge For Dismissing 45 Anticipatory Bail Pleas On Same Day In Same Fashion For Non-Prosecution

Live Law  

The Supreme Court recently took exception to how a Judge of the Allahabad High Court dismissed almost 45 petitions seeking anticipatory bail on a single day, in the same fashion for non-prosecution. "We are not supposed to comment at this stage but direct the Registrar of the High Court of Allahabad to submit the report to this Court after obtaining …

Supreme Court Imposes Rs 1 Lakh Cost On ED Officer For Filing Petition Against Bail Granted To Cancer Patient
2 years, 1 month ago

Supreme Court Imposes Rs 1 Lakh Cost On ED Officer For Filing Petition Against Bail Granted To Cancer Patient

Live Law  

The Supreme Court of India recently came down heavily on the Directorate of Enforcement for filing a Special Leave Petition seeking to interfere with a bail order granted by the Allahabad High Court to a man suffering from Malignancy and Cancer. Therefore, the Court deemed it fit to impose costs of Rs 1,00,000 on the concerned officer who granted permission …

Delhi High Court Restores Bail In View Of Disputed Fact About Accused Threatening Complainant
2 years, 3 months ago

Delhi High Court Restores Bail In View Of Disputed Fact About Accused Threatening Complainant

Live Law  

The Delhi High Court has recently restored bail to three men after the parties lodged counter FIRs against each other, noting unless the investigation in both the cases reaches its logical conclusion, it cannot be assumed that the accused persons had violated any of the conditions of bail granted by the lower court or tried to influence the administration of …

Mohammed Zubair Case : Supreme Court Asks Delhi High Court To Consider Plea To Quash Sitapur FIR Uninfluenced By Allahabad HC Order
2 years, 3 months ago

Mohammed Zubair Case : Supreme Court Asks Delhi High Court To Consider Plea To Quash Sitapur FIR Uninfluenced By Allahabad HC Order

Live Law  

The Supreme Court, on Wednesday, observed that a petition under Section 482 of the CrPC can be moved by Mohammed Zubair, Co-founder of Alt News before the Delhi High Court seeking quashing of case instituted against him initially at Sitapur, Uttar Pradesh and later transferred to Delhi, as per the directions of the Apex Court. Chandrachud and Hima Kohli recorded …

"Threat From Husband Not Demonstrated In Protection Plea": Allahabad HC Imposes ₹5K Cost On Married Woman, Her Live-In Partner
2 years, 5 months ago

"Threat From Husband Not Demonstrated In Protection Plea": Allahabad HC Imposes ₹5K Cost On Married Woman, Her Live-In Partner

Live Law  

The Allahabad High Court on Monday dismissed a protection plea filed by a married woman and her live-in partner with a cost of Rs.5,000 as it noted that the petitioners had failed to demonstrate that they were facing any threat from the husband of the woman.The Bench of Justice Dr. Kaushal Jayendra Thaker and Justice Ajai Tyagi further observed that …

11 Yrs Of Frivolous Litigation: Bombay High Court Reprimands Petitioner In Person, Imposes 1 Lakh Cost
2 years, 5 months ago

11 Yrs Of Frivolous Litigation: Bombay High Court Reprimands Petitioner In Person, Imposes 1 Lakh Cost

Live Law  

The Bombay High Court recently reprimanded a Pune resident, seeking second review of the court's earlier decision, stating that the petition was without merit and constituted abuse of process and law. "In the second review petition, the petitioner has literally reproduced and reiterated almost everything what has been stated by him in the Second Appeal as well as in his …

Allahabad High Court Dismisses Plea Seeking Direction To UOI To Act Against People Allegedly 'Spreading' Crime In Kashmir
2 years, 5 months ago

Allahabad High Court Dismisses Plea Seeking Direction To UOI To Act Against People Allegedly 'Spreading' Crime In Kashmir

Live Law  

The Allahabad High Court recently dismissed a plea seeking a direction to the Union Of India to take appropriate action against people who are allegedly involved in cow slaughtering, change of religion, spreading of crime in Kashmir, and are also snatching money from the simple law-abiding citizens.Essentially, the bench of Justice Rajan Roy and Justice Brij Raj Singh was dealing …

Punjab & Haryana High Court Grants Bail To One Held For Duping Man Of ₹35 Lakhs On Pretext Of Sending His Son Abroad
2 years, 5 months ago

Punjab & Haryana High Court Grants Bail To One Held For Duping Man Of ₹35 Lakhs On Pretext Of Sending His Son Abroad

Live Law  

The Punjab and Haryana High Court while dealing with a regular bail plea in a case where the petitioner alongwith his mother were said to have duped the complainant for a sum of Rs.35,00,000/- on the pretext of sending his son to Canada, granted the concession of bail to the petitioner on the ground that his co-accused has already been …

Allahabad High Court Grants Bail To Man Accused Of Beating People Who Were Raising Slogan Of 'Jai Sri Ram'
2 years, 5 months ago

Allahabad High Court Grants Bail To Man Accused Of Beating People Who Were Raising Slogan Of 'Jai Sri Ram'

Live Law  

The Allahabad High Court on Monday granted conditional bail to a man accused of beating people were returning back to their house raising the slogan of 'Jai Sri Ram. The Bench of Justice Jayant Banerjee ordered the release of the accused on a personal bond of Rs 50,000 and on his furnishing a personal bond of Rs. As per the …

Allahabad HC Imposes ₹20K Cost On Man Who Sought Reiteration Of A General Mandamus Regarding Protection Against Arbitrary Arrest
2 years, 7 months ago

Allahabad HC Imposes ₹20K Cost On Man Who Sought Reiteration Of A General Mandamus Regarding Protection Against Arbitrary Arrest

Live Law  

The Allahabad High Court recently imposed a cost of Rs. 20K on a person who sought reiteration of a general mandamus, which has already been issued by the High Court in the case of Vimal Kumar and three others Vs. State of U.P. and three others 2021.It may be noted that in the Vimal Kumar case, the Allahabad High Court …

Can't Appreciate Approach Of High Court In Rejecting Bail Application In A Single Sentence: Supreme Court
2 years, 8 months ago

Can't Appreciate Approach Of High Court In Rejecting Bail Application In A Single Sentence: Supreme Court

Live Law  

The Supreme Court, on Friday, expressed concern that even after its repeated interventions, the Allahabad High Court had rejected a bail application solely on the ground that the appeal itself should be heard. ".instead of examining bail, clearly rejected on the ground that the appeal itself should be heard appears to serve no purpose given the large number of appeals …

Nawab Malik Arrest: Bombay High Court Seeks ED's Response In Habeas Corpus Plea By March 7
2 years, 9 months ago

Nawab Malik Arrest: Bombay High Court Seeks ED's Response In Habeas Corpus Plea By March 7

Live Law  

The Bombay High Court on Wednesday adjourned to March 7 the habeas corpus petition filed by Nawab Malik challenging his arrest and the order remanding him in the Enforcement Directorate's custody in a money laundering case. A division bench of Justices Sunil Shukre and GA Sanap asked the ED to file its response to the petition by then significantly observing …

SLP Against HC Order Dismissing Bail Application As Not Pressed Cannot Be Entertained: Supreme Court
2 years, 10 months ago

SLP Against HC Order Dismissing Bail Application As Not Pressed Cannot Be Entertained: Supreme Court

Live Law  

The Supreme Court observed that a Special Leave Petition against a High Court order dismissing a bail application as not pressed cannot be entertained.In this case, the Allahabad High Court, in the impugned order, recorded the submission made by the counsel for the accused that he does not want to press this bail application at this stage and the same …

Supreme Court Issues Notice To Malaysian High Commissioner In Woman's Habeas Corpus Plea To Trace Missing Husband
2 years, 11 months ago

Supreme Court Issues Notice To Malaysian High Commissioner In Woman's Habeas Corpus Plea To Trace Missing Husband

Live Law  

A Bench of Justices UU Lalit, S Ravindra Bhat, and Bela M Trivedi on Monday issued notice to the High Commissioner of Malaysia in a habeas corpus petition filed by a wife seeking to trace her husband who had gone to Malaysia for a job and has been missing since 2015. The Court was hearing a plea filed by one …

Interfaith Marriage- "Habeas Plea Not Maintainable On Apprehension Of Communal Tension": Allahabad HC Dismisses Girl's Father Plea
3 years, 1 month ago

Interfaith Marriage- "Habeas Plea Not Maintainable On Apprehension Of Communal Tension": Allahabad HC Dismisses Girl's Father Plea

Live Law  

The Allahabad High Court recently dismissed a habeas corpus plea filed by a father seeking the production of his daughter and a direction to set her free from the illegal detention of a man, a Hindu by religion.Taking into account the apprehension of the father regarding communal tension in the garb of a threat, if the alleged detenue is not …

Criminal Appeals Not Likely To Be Heard Soon In Allahabad HC : Supreme Court Grants Bail To 2 Prisoners
3 years, 3 months ago

Criminal Appeals Not Likely To Be Heard Soon In Allahabad HC : Supreme Court Grants Bail To 2 Prisoners

Live Law  

Taking into consideration the pendency of criminal appeal before Allahabad High Court since 2007 and 2013 and the unlikeliness of the same being heard in near future, the Supreme Court on Friday granted bail to two accused who have already undergone incarceration for more than 15 and 12 years. Considering that the petitioners have already undergone 15 years of incarceration, …

Missing Of 82Yr Old Man From TB Hospital- UP Govt. Moves Supreme Court Against Allahabad High Court Order In Habeas Plea
3 years, 3 months ago

Missing Of 82Yr Old Man From TB Hospital- UP Govt. Moves Supreme Court Against Allahabad High Court Order In Habeas Plea

Live Law  

State of Uttar Pradesh has approached Supreme Court seeking stay against Allahabad High Court's order in which the High Court had sought details from Additional Chief Secretary, Medical Health and Family Welfare of the SOP/Plan prepared by the State Government for all levels of Hospitals, i.e, District Hospitals, Community Health Centres and Primary Health Centres and status about the implementation …

"Plea Filed To Defame Woman, Get Her Custody": Allahabad HC Dismisses Habeas Plea With 50K Cost To Be Paid To Woman
3 years, 3 months ago

"Plea Filed To Defame Woman, Get Her Custody": Allahabad HC Dismisses Habeas Plea With 50K Cost To Be Paid To Woman

Live Law  

The Allahabad High Court on Wednesday dismissed a Habeas corpus plea with 50,000/- cost noting that it had been filed to defame the image of a woman, with the only intention to 'somehow' get her custody. In compliance of the Court's order dated August 4, 2021, the petitioner no.1 Netrawati Yadav/corpus was presented before the Court along with her father, …

"Can't Decide Validity Of Remand Order In Habeas Corpus Plea": Delhi High Court Dismisses Riot Accused Gulfisha Fatima's Plea For Release
3 years, 5 months ago

"Can't Decide Validity Of Remand Order In Habeas Corpus Plea": Delhi High Court Dismisses Riot Accused Gulfisha Fatima's Plea For Release

Live Law  

The Delhi High Court on Friday dismissed the plea filed by Delhi riots accused Gulfisha Fatima seeking her release after observing that the Court cannot decide the validity of a remand order in a habeas corpus petition. A division bench comprising of Justice Vipin Sanghi and Justice Jasmeet Singh dismissed the plea after hearing Advocate Jatin Bhatt and Additional Standing …

Plea Praying That No Case Of Petitioner Be Listed Before A Particular Judge: Allahabad High Court Dismisses It With 20K Cost
3 years, 6 months ago

Plea Praying That No Case Of Petitioner Be Listed Before A Particular Judge: Allahabad High Court Dismisses It With 20K Cost

Live Law  

The Allahabad High Court on Monday dismissed a plea with 20,000/- cost in which the petitioner had prayed that no case filed by him be listed before a Court comprising a particular Judge. The Bench of Justice Manoj Misra and Justice Anil Kumar Ojha observed that the prayer made by the petitioner was completely misconceived.The Court noted that the petition …

Law, Liberty And The Lack Of Urgency In Dealing With Habeas Corpus Petitions By The Jammu & Kashmir High Court
3 years, 10 months ago

Law, Liberty And The Lack Of Urgency In Dealing With Habeas Corpus Petitions By The Jammu & Kashmir High Court

Live Law  

Liberty is not a privilege, but a fundamental right guaranteed to all citizens under our Constitution. I have reviewed the functioning of the Jammu & Kashmir High Court vis-à-vis its adjudication of Habeas Corpus petitions filed before it in 2019. The Jammu & Kashmir High Court's adjudication of Habeas Corpus petitions The Constitution along with all its safeguards became applicable …

Allahabad High Court Imposes 3 Lakh Cost On A Petitioner For Repeatedly Filing Petitions Agitating Same Cause Of Action
3 years, 11 months ago

Allahabad High Court Imposes 3 Lakh Cost On A Petitioner For Repeatedly Filing Petitions Agitating Same Cause Of Action

Live Law  

The Allahabad High Court recently imposed an extraordinary cost of Rs. 3 lakh on a former Gram Sabha Pradhan for repeatedly approaching the Court with the same cause of action, despite several dismissals. 1 Lakh Costs On Petitioner For Resuscitating Same Cause In Repeated Proceedings Background The Petitioner had first approached the High Court in Writ-C No. "In case the …

Breaking- "Seems Good Order": Supreme Court Refuses To Interfere With Allahabad HC's Order Dropping NSA Charges Against Dr Kafeel Khan
4 years ago

Breaking- "Seems Good Order": Supreme Court Refuses To Interfere With Allahabad HC's Order Dropping NSA Charges Against Dr Kafeel Khan

Live Law  

A Supreme Court Bench headed by Chief Justice Bobde on Thursday refused to interfere with Allahabad High Court Order which quashed the detention of Dr.Kafeel Khan under the National Security Act. The Uttar Pradesh Government has filed a special leave petition in the Supreme Court against the September 1 judgment of the Allahabad High Court which quashed the detention of …

Allahabad High Court Imposes Rs 10K Cost On Plea For Speedy Disposal Of Bail Application Which Was Not Filed
4 years ago

Allahabad High Court Imposes Rs 10K Cost On Plea For Speedy Disposal Of Bail Application Which Was Not Filed

Live Law  

The Bench of Justice Ravi Nath Tilhari and Justice Manoj Kumar Gupta dismissed the plea while noting, " is praying for a direction for speedy disposal of the bail application when the petitioners are not in jail, nor any bail application at their behest is pending before any court of law." The Prayer of the Plea The relief claimed in …

Allahabad High Court Issues Notice On Habeas Corpus Petition Against Custody Of 3 Persons Arrested With Siddique Kappan On Way To Hathras
4 years, 1 month ago

Allahabad High Court Issues Notice On Habeas Corpus Petition Against Custody Of 3 Persons Arrested With Siddique Kappan On Way To Hathras

Live Law  

The Allahabad High Court on Wednesday issued notices on a Habeas Corpus petition filed by 3 alleged PFI Members, arrested by the Deputy Superintendent of Police while they were going to Hathras to meet family of the deceased gang-rape victim and later remanded to judicial custody by CJM Mathura. The Plea also contends, "The Chief Judicial Magistrate, Mathura, vide its …

[Breaking]Arnab Goswami Moves Supreme Court Challenging Bombay High Court Order Dismissing His Plea For Interim Bail
4 years, 1 month ago

[Breaking]Arnab Goswami Moves Supreme Court Challenging Bombay High Court Order Dismissing His Plea For Interim Bail

Live Law  

Republic TV Chief Arnab Goswami has moved Supreme Court challenging Bombay High Court Order dismissing his petition for interim bail in the 2018 abetment to suicide Case. The Bombay High Court on Monday refused to grant interim bail toArnab Goswami, who was arrested and remanded to 14 days judicial custody on November 4, and two co-accused in the 2018 abetment …

Bombay High Court Refuses To Apply 'Prashant Kanojia' Precedent In Arnab Goswami's Case; Says Facts Are Different
4 years, 1 month ago

Bombay High Court Refuses To Apply 'Prashant Kanojia' Precedent In Arnab Goswami's Case; Says Facts Are Different

Live Law  

In the order refusing interim bail to Arnab Goswami, the Bombay High Court distinguished the facts of the precedent of Prashant Kanojia's release in a habeas corpus petition filed in the Supreme Court last year and held that it was not applicable to the Republic TV anchor's case.Senior Advocate Harish Salve, Goswami's lawyer, had placed reliance on the order passed …

"Court Is Functioning Under Compelling Circumstances":Allahabad HC Dismisses Husband's Plea To Quash FIR Filed For Causing Injuries To Wife With Cost [Read Order]
4 years, 2 months ago

"Court Is Functioning Under Compelling Circumstances":Allahabad HC Dismisses Husband's Plea To Quash FIR Filed For Causing Injuries To Wife With Cost [Read Order]

Live Law  

The Allahabad High Court recently dismissed a plea with cost. The Bench of Justice Pankaj Naqvi and Justice Sanjay Kumar Pachori also expressed its anguish over the filing of this petition and noted that the Court was functioning under compelling circumstances wherein both Bar and Bench are putting their life at stake. It may be noted that on account of …

Allahabad HC Junks Habeas Corpus Petition Filed by Hathras Rape Victim's Family
4 years, 2 months ago

Allahabad HC Junks Habeas Corpus Petition Filed by Hathras Rape Victim's Family

News 18  

The Allahabad High Court on Thursday dismissed a habeas corpus petition filed by a Valmiki community organisation seeking production before of the family members of the alleged gang-rape victim of Hathras before it. A bench of justices Pritinker Diwaker and Prakash Padia dismissed the petition by Akhil Bharatiya Valmiki Mahapanchayat saying it would be against the judicial propriety to take …

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