"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, 5 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 COVID-19, a nationwide lock down was imposed on March 25, and soon thereafter, the Supreme Court, High Courts and subordinate courts had to move to virtual hearings. Recently, the Allahabad High Court had denied the option to an Advocate for hearing via video conferencing, citing "high risk" of Covid-19 infection. The Bench of Justice Vivek Agarwal told ASGI Sanjay Kumar Om that his request for virtual hearing cannot be allowed because the Computer Section of the High Court is the "high risk zone" for Covid-19 infection and hence no person from there can be allowed within the Court room/ chambers.

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History of this topic

Writ Petition For Quashing Of FIR Can't Serve As Substitute For Availing Remedies Under BNSS: Delhi High Court
1 week ago

Writ Petition For Quashing Of FIR Can't Serve As Substitute For Availing Remedies Under BNSS: Delhi High Court

Live Law  

The Delhi High Court has recently observed that a writ petition filed under Article 226 of Constitution of India seeking quashing of an FIR cannot serve as a substitute for availing remedies specifically provided under the Bharatiya Nagarik Suraksha Sanhita, 2023, for securing personal liberty.Justice Sanjeev Narula made the observation while dismissing a plea moved by an accused in an. …

Courts Empowered To Impose Cost But It Shouldn't Be Unbearable, Registry Insisting On Deposit Denies Litigant's Right To Appeal: Gujarat HC
1 month, 1 week ago

Courts Empowered To Impose Cost But It Shouldn't Be Unbearable, Registry Insisting On Deposit Denies Litigant's Right To Appeal: Gujarat HC

Live Law  

Perusing the trial court order imposing costs, Justice Maulik J Shelat observed “ It is required to be noted that the trial court, while imposing a cost of 25,000, has not reached to the conclusion ₹25,000 to be paid to the District Legal Services Authority, that the review application filed by the petitioner is vexatious or false. It is deplorable …

Supreme Court Imposes Rs 2 Lakh Cost On Petitioner Over Repeated Bail Applications, Asks Police To Arrest Him
1 month, 3 weeks ago

Supreme Court Imposes Rs 2 Lakh Cost On Petitioner Over Repeated Bail Applications, Asks Police To Arrest Him

Live Law  

The Supreme Court recently imposed costs of Rupees Two Lakhs on a petitioner who intended "to take undue advantage of procedural law" after he withdrew his anticipatory bail application twice before the High Court before moving the Apex Court. The bench noted that before the High Court the accused had withdrawn his application on Septem 30, 2024 on seeing the …

Allahabad HC Grants Relief To Man Facing Charges Of Giving False Evidence In A Murder Trial For Past 32 Years
1 month, 3 weeks ago

Allahabad HC Grants Relief To Man Facing Charges Of Giving False Evidence In A Murder Trial For Past 32 Years

Live Law  

The Allahabad High Court recently quashed a complaint case pending against a man for the past 32 years where he was facing charges under Sections 194, 211 IPC for giving false evidence during a murder trial. While acquitting the accused, the trial Court directed the initiating of proceedings under Sections 211/194 IPC against the applicant on the ground that during …

Allahabad High Court Rejects Protection Plea Of Married Individuals In Inter-Faith Live-In Relationship With ₹50K Cost
2 months, 1 week ago

Allahabad High Court Rejects Protection Plea Of Married Individuals In Inter-Faith Live-In Relationship With ₹50K Cost

Live Law  

The Allahabad High Court recently dismissed a protection plea filed by a married woman, employed in the police department and currently on childcare leave, along with her live-in partner, who is also married to another woman and a father of a 12-year-old child, while imposing a cost of ₹50,000 on the petitioners. A bench of Justice Vinod Diwakar imposed this …

'Right To Access Justice Not Absolute' : Supreme Court Imposes Rs 1 Lakh Cost On Litigant For Multiple Frivolous Cases
2 months, 1 week ago

'Right To Access Justice Not Absolute' : Supreme Court Imposes Rs 1 Lakh Cost On Litigant For Multiple Frivolous Cases

Live Law  

The Supreme Court recently imposed a heavy cost of Rs.1,00,000 on the petitioner, who over the span of more than 11 years filed frivolous litigants and indulged in forum shopping more than 10 times including before the High Court of Bombay and the Supreme Court. The petitioner then filed an application to the Ministry of Law & Justice seeking inquiry …

Rajasthan HC Junks Man's Plea Seeking Dismissal Of Daughter-In-Law From Service Over FIR For Allegedly Abetting Son's Suicide, Imposes 50K Costs
3 months ago

Rajasthan HC Junks Man's Plea Seeking Dismissal Of Daughter-In-Law From Service Over FIR For Allegedly Abetting Son's Suicide, Imposes 50K Costs

Live Law  

Rajasthan High Court imposed a cost of Rs. 50,000 on a father-in-law for filing a “baseless” writ petition seeking removal of his daughter-in-law from the post of patwari on the grounds of a pending FIR against her filed by him alleging her of abetting his son's suicide. The Court was hearing a writ petition filed by the petitioner seeking a …

[GST] Assesee Cannot File For Requisite Documents Once Plea Is Accepted And Notice Is Issued: Allahabad High Court
3 months, 1 week 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 …

Allahabad High Court Imposes Rs. 50K Cost On Litigant For Concealing Facts, Says Counsel Had 10 Yrs+ Standing But Failed His Bounden Duty
3 months, 3 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 …

Supreme Court Deprecates Allahabad HC's Practice Of Disposing Quashing Petitions By Asking Petitioners To Seek Discharge
4 months ago

Supreme Court Deprecates Allahabad HC's Practice Of Disposing Quashing Petitions By Asking Petitioners To Seek Discharge

Live Law  

The Supreme Court on Thursday deprecated practice of the Allahabad High Court of directing petitioners seeking quashing of cases to instead apply to the trial court for discharge. A bench of Justice Abhay Oka and Justice AG Masih issued notice on the plea challenging the Allahabad High Court's order that had rejected an application quashing a forgery case. The Allahabad …

Orissa HC asks Bar Council to probe case against lawyer taking money from client to bribe judge
4 months, 1 week ago

Orissa HC asks Bar Council to probe case against lawyer taking money from client to bribe judge

New Indian Express  

CUTTACK: The Orissa High Court refused to quash the FIR against a lawyer who allegedly took money from his client to bribe the judge who was hearing his case. While dismissing the petition recently, the single judge bench of Justice Sibo Sankar Mishra directed the Bar Council to hold disciplinary proceedings uninfluenced by any observations made by the court and …

Summoning A Serious Affair, More So When Issued After Rejecting Closure Report: Allahabad HC Quashes Murder Case Against Doctor Couple
5 months, 3 weeks ago

Summoning A Serious Affair, More So When Issued After Rejecting Closure Report: Allahabad HC Quashes Murder Case Against Doctor Couple

Live Law  

“To summon is a serious affair and it becomes more serious when summon is issued after rejecting outcome of investigation i.e. The magisterial court in its order rejected final report and issued summons to the doctor couple and other accused. The high court passed the order while hearing a plea moved by the doctor couple against the summoning order of …

'Misleading Court': Punjab & Haryana High Court Imposes Rs 50K Cost For Not Disclosing Similar Plea Was Dismissed For Non-Prosecution
9 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 …

High Court Rejects Plea Challenging Appointment Of Delhi Waqf Board's Administrator, Imposes ₹10K Costs
9 months, 2 weeks ago

High Court Rejects Plea Challenging Appointment Of Delhi Waqf Board's Administrator, Imposes ₹10K Costs

Live Law  

The Delhi High Court has dismissed a plea challenging the appointment of Administrator of Delhi Waqf Board with costs of Rs. “This Court is not inclined to entertain the present writ petition and is inclined to dismiss the writ petition imposing costs of Rs.10,000/- on the Petitioner to be deposited with the Armed Forces Battle Casualties Welfare Fund within four …

Allahabad High Court Imposes Rs 50K Cost On Party For Filing False Affidavits Before Revenue Authority To Grab Widow's Property
9 months, 3 weeks ago

Allahabad High Court Imposes Rs 50K Cost On Party For Filing False Affidavits Before Revenue Authority To Grab Widow's Property

Live Law  

The Allahabad High Court has imposed a cost of Rs. Thereafter, petitioners produced another unregistered Will after allegedly removing defects and took a stand for the first time before the First Appellate Authoritythat they had not produced the Will before the Tehsildar. High Court Verdict Perusing the record, the Court observed that the petitioners had not taken the plea regarding …

Unscrupulous Litigation Against Husband & Family Even After Settlement & Mutual Divorce: MP High Court Imposes Rs 1 Lakh Cost On Wife
1 year ago

Unscrupulous Litigation Against Husband & Family Even After Settlement & Mutual Divorce: MP High Court Imposes Rs 1 Lakh Cost On Wife

Live Law  

Madhya Pradesh High Court has imposed Rs 1 Lakh cost on a litigant wife for misusing the process of court by continuing prosecution against the husband and his family even after reaching a settlement and obtaining a decree of divorce by mutual consent. Regarding the allegation levelled against the husband and his octogenarian parents under Section 313 IPC, the court …

Allahabad High Court Expresses Reservation On "En-Masse" Dismissal Of Cases By Revenue Officials To Clear Pendency
1 year, 2 months ago

Allahabad High Court Expresses Reservation On "En-Masse" Dismissal Of Cases By Revenue Officials To Clear Pendency

Live Law  

Last week, the Allahabad High Court sought response from the Revenue Secretary, Government of Uttar Pradesh, on the en-mass disposal of cases for want of prosecution by the revenue officials. The bench comprising Acting Chief Justice Manoj Kumar Gupta and Justice Kshitij Shailendra observed, “Although we appreciate the effort of the State Government taken for reduction of arrears, but we …

Telangana HC quashes criminal case for want of sanction
1 year, 2 months ago

Telangana HC quashes criminal case for want of sanction

Deccan Chronicle  

The Deputy Commissioner of Central Excise and Service Tax filed a complaint before the special judge for economic offences on charges of evading central excise duty in the guise of trading of modular furniture, falling under the heading 9403 of the First Schedule to the Central Excise Tariff Act, 1985, even after crossing the threshold exemption limit and were liable …

Allahabad High Court Annual Digest 2023: Part II [Citations 257 - 511]
1 year, 2 months 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 …

Deemed The Second Petition As Not Maintainable When It Could Have Been Presented During The Filing Of First Petition
1 year, 4 months 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 …

Orissa High Court Slaps ₹20K Cost On Organisation For Filing PIL Without Approaching Concerned Authority Seeking Remedial Action
1 year, 5 months ago

Orissa High Court Slaps ₹20K Cost On Organisation For Filing PIL Without Approaching Concerned Authority Seeking Remedial Action

Live Law  

The Orissa High Court on Tuesday imposed ₹20,000 costs on an organisation for filing a writ petition in the nature of Public Interest Litigation before approaching the concerned authorities seeking remedial action. While hearing was going on, the Court queried the petitioner as to whether it has complied with Rule 8 of the Orissa High Court Public Interest Litigation Rules, …

Allahabad High Court on Order Of Judicial Remand And Habeas Corpus Petition
1 year, 6 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 …

Allahabad High Court Weekly Round-Up: August 28 To September 3, 2023
1 year, 6 months ago

Allahabad High Court Weekly Round-Up: August 28 To September 3, 2023

Live Law  

NOMINAL INDEX The Commissioner, Commercial Tax vs. M/S Tirupati Construction Co. 2023 LiveLaw 293 Dev Narain vs. State of U.P. Lokbhawan, Lucknow And 7 Others 2023 LiveLaw 305 ORDERS/JUDGMENTS Tribunal Tried To Blow Hot And Cold At The Same Time: Allahabad High Court Upholds Levy Of Entry Tax Case Title: The Commissioner, Commercial Tax vs. M/S Tirupati Construction Co. Case …

Madhya Pradesh High Court Dismisses PIL Seeking High Level Enquiry In Patwari Recruitment Scam; Imposes ₹10K Costs
1 year, 7 months ago

Madhya Pradesh High Court Dismisses PIL Seeking High Level Enquiry In Patwari Recruitment Scam; Imposes ₹10K Costs

Live Law  

The Madhya Pradesh High Court has dismissed a Public Interest Litigation which sought high-level enquiry into an alleged scam in recruitment of Patwari by the Madhya Pradesh Employees Selection Board, with rupees ten thousand costs. While finding the petition unmerited, the Division Bench of Justice Sushrut Arvind Dharmadhikari and Justice Hirdesh observed, “In the facts and circumstances of the case, …

Second Plea U/S 125 CrPC For Maintenance Is Maintainable After Rejection Of First In Changed Circumstances; 'Res Judicata' Principle Not Applicable: Allahabad HC
1 year, 8 months ago

Second Plea U/S 125 CrPC For Maintenance Is Maintainable After Rejection Of First In Changed Circumstances; 'Res Judicata' Principle Not Applicable: Allahabad HC

Live Law  

The Allahabad High Court has observed that a second application seeking maintenance under Section 125 of CrPC can sustain, after the rejection of the first application, if there are changes in the circumstances, entitling a person to be a claimant under the said provision. The Court observed thus while upholding the January 2004 order of the court allowing the second …

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

Section 11 Petitions Seeking Relief But Not Raised In The Previous Arbitration; Gross Abuse Of Process of Court: Delhi High Court
2 years ago

Section 11 Petitions Seeking Relief But Not Raised In The Previous Arbitration; Gross Abuse Of Process of Court: Delhi High Court

Live Law  

The Delhi High Court has ruled that since the party had failed to challenge the termination of the Collaboration Agreement in the first round of arbitral proceedings, the demolition of the structure built by it under the said Collaboration Agreement would not give it a fresh cause of action. The Arbitral Tribunal passed an award in favour of the respondent, …

Plea To Quash S.138 NI Act Conviction Not Maintainable U/S 482 CrPC: Karnataka High Court
2 years, 1 month ago

Plea To Quash S.138 NI Act Conviction Not Maintainable U/S 482 CrPC: Karnataka High Court

Live Law  

The Karnataka High Court has said that a petition filed under Section 482 of the Criminal Procedure Code, seeking to quash conviction handed down to an accused under the Negotiable Instruments Act is not maintainable. Therefore, the High Court can entertain Section 482 of Cr.P.C, if the complaint is dismissed for non-prosecution or dismissed for default under section 256 of …

Madras High Court Bench imposes costs of ₹10 lakh on couple for attempting to grab property of SC person in Tirunelveli
2 years, 2 months ago

Madras High Court Bench imposes costs of ₹10 lakh on couple for attempting to grab property of SC person in Tirunelveli

The Hindu  

The Madurai Bench of Madras High Court has imposed exemplary costs of ₹10 lakh on a married couple for attempting to grab an immovable property owned by a person belonging to a Scheduled Caste. Justice Sathi Kumar Sukumara Kurup directed a sessions court in Tirunelveli to collect the amount of costs imposed on the couple, Shanmuganathan and Shanthi, and pay …

Allahabad High Court Dismisses Plea Questioning Continuance Of Yogi Adityanath As UP CM, Imposes ₹11K Cost
2 years, 4 months 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 …

Bombay HC imposes cost on lawyers for attaching objectionable photos to petition
2 years, 5 months ago

Bombay HC imposes cost on lawyers for attaching objectionable photos to petition

India Today  

The Bombay High Court has pulled up lawyers representing the petitioner and imposed a cost of Rs 25,000 for filing "highly objectionable photographs" as annexures in a writ petition without appropriate discretion. The Bench of Justices Revati Mohite Dere and SM Modak was hearing a writ petition filed by the wife of the accused seeking to quash the First Information …

Allahabad HC dismisses plea to quash chargesheet against anti-CAA protestors
2 years, 6 months ago

Allahabad HC dismisses plea to quash chargesheet against anti-CAA protestors

Op India  

The Allahabad High Court has dismissed an application to quash the chargesheet filed against five persons accused of attacking and pelting stones at police officers when they were attempting to disperse a crowd assembled to protest against the Citizenship Amendment Act in 2019. The chargesheet was filed on June 6, 2020, under Indian Penal Code Sections 147, 148, 332, 336, …

"Wrongdoers Shouldn't Get Benefit Out Of Frivolous Litigation": Allahabad HC Imposes ₹25K Cost On Petitioner For Concealment Of Facts
2 years, 7 months ago

"Wrongdoers Shouldn't Get Benefit Out Of Frivolous Litigation": Allahabad HC Imposes ₹25K Cost On Petitioner For Concealment Of Facts

Live Law  

Stressing that wrongdoers should not get benefits out of frivolous litigation, the Allahabad High Court recently imposed a cost of ₹25,000/- on a petitioner who concealed material facts from the court that he had earlier filed two anticipatory bail applications and did not comply with court's orders.The bench of Justice Ramesh Sinha and Justice Saroj Yadav imposed costs on Vikas …

"Threat From Husband Not Demonstrated In Protection Plea": Allahabad HC Imposes ₹5K Cost On Married Woman, Her Live-In Partner
2 years, 7 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 …

Re-Agitation Of Same Issue Is Gross Abuse Of Court Process: Delhi HC Imposes 10K Cost On Litigant Seeking Transfer Of Investigation To CBI
2 years, 10 months ago

Re-Agitation Of Same Issue Is Gross Abuse Of Court Process: Delhi HC Imposes 10K Cost On Litigant Seeking Transfer Of Investigation To CBI

Live Law  

The Delhi High Court has imposed a cost of Rs. 10,000 on a litigant seeking transfer of investigation to Central Bureau of Investigation despite a similar plea being dismissed as withdrawn by the Court on earlier occasion.Justice Anoop Kumar Mendiratta was dealing with a plea seeking transfer of investigation of FIR to C.B.I. 10,000 on a litigant seeking transfer of …

Petitions Filed Directly In HC For Registration Of FIR Without Availing Remedy U/S 156(3) CrPC In Conflict With SC Directions: Gujarat High Court
2 years, 11 months ago

Petitions Filed Directly In HC For Registration Of FIR Without Availing Remedy U/S 156(3) CrPC In Conflict With SC Directions: Gujarat High Court

Live Law  

The Gujarat High Court recently refused to exercise its writ jurisdiction under Article 226 of the Constitution and issue directions for registration of FIR on a complaint lodged by the Petitioner, observing that if such petitions are entertained then the High Courts will be flooded and will not be able to do any other work.Justice AS Supehia refused to quash …

Telangana Court Imposes ₹10 Lakh Cost On Filmmaker Who Sought Injunction On Release Of Amitabh Bachchan Starrer 'Jhund'
3 years ago

Telangana Court Imposes ₹10 Lakh Cost On Filmmaker Who Sought Injunction On Release Of Amitabh Bachchan Starrer 'Jhund'

Live Law  

A local Court in Telangana has dismissed a petition filed by Hyderabad filmmaker Nandi Chini Kumar, seeking to restrain the release of Amitabh Bachchan starrer 'Jhund', which hit the theatres today. 10 lakh.Kumar had sought to recall January 2021 order whereby the civil suit filed by him seeking damages from Super Casettes, producer of the film,. Kumar had sought to …

Procedure U/S 203 CrPC Duly Followed: Gujarat High Court Refuses To Quash Trial Court Order Dismissing Private Complaint
3 years ago

Procedure U/S 203 CrPC Duly Followed: Gujarat High Court Refuses To Quash Trial Court Order Dismissing Private Complaint

Live Law  

Affirming the Trial Court's decision of dismissing a private complaint on the ground that the dispute was of civil nature, the Gujarat High Court has observed that the Trial Court had duly followed the procedure under Section 203 of the Code of Criminal Procedure. The Bench comprising Justice Vipul Pancholi was hearing a petition under Art 227 wherein the Petitioner …

Husband Files FIR Against Live-In Partner Of His Wife: Allahabad High Court Stays Arrest Of Man, Family Members
3 years ago

Husband Files FIR Against Live-In Partner Of His Wife: Allahabad High Court Stays Arrest Of Man, Family Members

Live Law  

The Allahabad High Court on Monday stayed the arrest of a man who is living with a married woman in connection with an FIR registered against him by the husband of the woman.The Bench of Justice Ashwani Kumar Mishra and Justice Rajnish Kumar also issued a notice to the husband of the woman seeking his reply in the matter.Essentially, one …

'Take Recourse To CrPC': Calcutta High Court Dismisses Writ Petition U/A 226 Seeking Directions For Registration Of FIR
3 years, 1 month ago

'Take Recourse To CrPC': Calcutta High Court Dismisses Writ Petition U/A 226 Seeking Directions For Registration Of FIR

Live Law  

Opining on the established principle of availability of alternate remedy, the Calcutta High Court on Tuesday observed that a writ petition under Article 226 of the Constitution cannot be filed for adjudicating upon a grievance pertaining to the non-registration of FIR by police authorities on the basis of a complaint made. A Bench comprising Chief Justice Prakash Shrivastava and Justice …

CBDT Says 'No' To Physical Filing Of ITR, Audit Reports; Gujarat HC Seeks Board's Assurance To Attend To Assessees' Problems
3 years, 2 months ago

CBDT Says 'No' To Physical Filing Of ITR, Audit Reports; Gujarat HC Seeks Board's Assurance To Attend To Assessees' Problems

Live Law  

The Gujarat High Court today sought assurance, by way of an affidavit, from the Central Board Of Direct Taxes that they would attend to the problems of the assessees who are unable to file Tax Audit Reports and Income Tax Returns due to the technical glitches in the IT Portal.The Bench of Justice J. The Gujarat High Court today sought …

Inter-Religious Marriage- "Woman Major, Has Right To Choose Her Partner": Allahabad HC Quashes FIR U/S 366 IPC Against Husband
3 years, 6 months ago

Inter-Religious Marriage- "Woman Major, Has Right To Choose Her Partner": Allahabad HC Quashes FIR U/S 366 IPC Against Husband

Live Law  

The Allahabad High Court last week quashed an FIR registered against a Muslim under Section 366 of IPC for allegedly kidnapping and marrying a Hindu girl.The Court was hearing the joint plea filed by the Woman and Man seeking quashing of the FIR claiming that the. The Allahabad High Court last week quashed an FIR registered against a Muslim under …

"Plea Filed To Defame Woman, Get Her Custody": Allahabad HC Dismisses Habeas Plea With 50K Cost To Be Paid To Woman
3 years, 6 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, …

Supreme Court Refuses To Reduce Cost Of Rs 5 Lakhs Imposed On Petitioner Challenging CJI Dipak Misra's Appointment; Directs Recovery
3 years, 7 months ago

Supreme Court Refuses To Reduce Cost Of Rs 5 Lakhs Imposed On Petitioner Challenging CJI Dipak Misra's Appointment; Directs Recovery

Live Law  

The Supreme Court on Friday dismissed an application which sought for the reduction of the cost of Rupees 5 lakhs imposed on one Mukesh Jain for filing a writ petition questioning the appointment of Justice Dipak Misra as the Chief Justice of India.A division bench comprising Justices DY Chandrachud and MR Shah termed the application "misconceived". The Supreme Court on …

Allahabad High Court Issues Notice On Plea Seeking Immediate Covid-19 Vaccination Drive For Prisoners
3 years, 8 months ago

Allahabad High Court Issues Notice On Plea Seeking Immediate Covid-19 Vaccination Drive For Prisoners

Live Law  

The Allahabad High Court on Wednesday issued notice on a PIL seeking Covid-19 vaccination drive for prisoners across the State on an urgent basis. In view of above, let this petition be listed again on 16 July 2021 to enable learned Additional Advocate General to submit the status report, as fresh," the order stated. The plea also mentions that the …

Plea Praying That No Case Of Petitioner Be Listed Before A Particular Judge: Allahabad High Court Dismisses It With 20K Cost
3 years, 8 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 …

Allahabad High Court Dismisses PIL For Prosecution Of Errant State Officials Whose Alleged Failure Resulted In Massive Covid-19 Deaths
3 years, 10 months ago

Allahabad High Court Dismisses PIL For Prosecution Of Errant State Officials Whose Alleged Failure Resulted In Massive Covid-19 Deaths

Live Law  

The Lucknow Bench of the Allahabad High Court has dismissed a PIL seeking action against Government authorities, including CM Yogi Adityanath's 'Team-11' and other health authorities, for failing to provide adequate medical facilities amid the Covid-19 pandemic. A Division Bench comprising of Justices Ramesh Sinha and Rajeev Singh dismissed the plea as non-maintainable and granted liberty to the Petitioner to …

Plea Seeking Direction to State of UP To Bring Law To Compensate COVID-19 Vaccinated Individuals Dismissed By Allahabad High Court
4 years, 1 month ago

Plea Seeking Direction to State of UP To Bring Law To Compensate COVID-19 Vaccinated Individuals Dismissed By Allahabad High Court

Live Law  

While noting that a direction cannot be given to legislate a law, the Allahabad High Court last week dismissed a plea seeking direction to the State of Uttar Pradesh to bring a legislation to compensate the COVID-19 Vaccinated individuals in case of loss/ sufferings. Significantly, the Court also cited the recent ruling of Allahabad High Court in the case of …

Karnataka High Court Refuses To Quash Kidnapping Case Against Private Secretary Of Chief Minister.
4 years, 1 month ago

Karnataka High Court Refuses To Quash Kidnapping Case Against Private Secretary Of Chief Minister.

Live Law  

The Karnataka High Court on February 1, dismissed a petition filed by N R Santosh, personal secretary to the Chief Minister, seeking to quash a quash of kidnapping case registered against him in 2018, by one K.S. Complainant argued: The informant contend that this petitioner was working as a Private Secretary to the present Chief Minister and the present Chief …

Allahabad High Court Imposes 3 Lakh Cost On A Petitioner For Repeatedly Filing Petitions Agitating Same Cause Of Action
4 years, 1 month 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 …

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