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Tag: allahabad high court

  • Noida Information: Noida Authority CEO Ritu Maheshwari will get a setback from the Best Court docket, if the order of the Prime Court docket isn’t adopted, then the effects should be confronted.

    Manish Singh, Noida: Ritu Maheshwari, CEO of Noida Authority has as soon as once more were given a setback. The Best Court docket has refused to grant aid to Ritu Maheshwari within the non-bailable warrant case. Noida Authority CEO Ritu Maheshwari reached the Best Court docket after the Allahabad Prime Court docket order.

    Listening to a case on Friday, Allahabad Prime Court docket had issued a non-bailable warrant in opposition to Noida Authority CEO Ritu Maheshwari, and then Ritu Maheshwari reached the Best Court docket in opposition to the verdict. The Best Court docket, whilst listening to the case, reprimanded Ritu Maheshwari and refused to cancel the non-bailable warrant whilst proceeding the Allahabad Prime Court docket’s determination.

    The Best Court docket has stated that if you don’t observe the order of the Prime Court docket, then you’ll have to face the effects. Ritu Maheshwari’s attorney within the Best Court docket had sought period in-between aid, challenging an early listening to of the topic. The Best Court docket stated that you’re an IAS officer. the foundations. CJI NV Ramana has stated that each different day some officials come to the courtroom for instructions even in severe circumstances.

    Expressing displeasure, the Best Court docket stated that on a daily basis the orders of the Allahabad Prime Court docket are violated. It has develop into a regimen. An officer is going to courtroom. What is that this? Don’t admire courtroom orders. SC refused all over oral listening lately. The listening to will happen after the case is in lit the next day.

    In reality the entire topic is such that the authority in Sector 82 of Noida had received the land in 1989 and in 1990 below the urgency clause, in opposition to which the land used to be challenged through the landlord of the land, Manorama Kuchhal. After this, the Allahabad Prime Court docket dominated in prefer of Manorama in 2016. The Prime Court docket quashed the land acquisition taken through the Authority below the urgency clause. And ordered the authority to pay reimbursement to the petitioner at two times the circle fee.

    The Noida Authority reached the Best Court docket in opposition to the orders of the Allahabad Prime Court docket. The Best Court docket additionally dominated in prefer of the petitioner and ordered the authority to conform to the orders given through the Allahabad Prime Court docket. In spite of the order, the petitioner used to be no longer compensated, then the petitioner filed a contempt petition in opposition to the authority within the Allahabad Prime Court docket, within the listening to of which the courtroom referred to as Noida Authority CEO Ritu Maheshwari two times to the courtroom. However she may just no longer succeed in.

    On Friday, Noida Authority CEO Maheshwari’s attorney Ravindra Srivastava instructed the courtroom that Ritu would fly from Delhi at 10:30 am, expressing displeasure that she needed to seem within the courtroom at 10:00 am. However deliberately chickening out from Delhi at 10:30. This comes below contempt of courtroom, and then the Prime Court docket issued a non-bailable warrant in opposition to Ritu Maheshwari and ordered her to look within the courtroom in police custody.

  • Bar affiliation calls for filling up of all vacant publish of judges in Allahabad HC

    By means of PTI

    ALLAHABAD: Expressing fear over the expanding pendency of circumstances in addition to issues in relation to their record, the Allahabad Prime Court docket Bar Affiliation (HCBA) on Saturday demanded filling up of the entire vacant posts of Allahabad Prime Court docket judges.

    Addressing the media, HCBA president Radha Kant Ojha suggested the Leader Justice of Allahabad Prime Court docket to verify growth in all the device of record of circumstances, as he claimed that at the moment, recent circumstances are being indexed prior to the court docket after 10 to 60 days after their submitting within the registry.

    Therefore, on this backdrop, he demanded the Leader Justice to make certain that the entire recent circumstances to be indexed prior to the court docket after 48 hours and it should even be ensured that knowledge on this regard is conveyed to the attorneys by way of the registry via SMS.

    Ojha mentioned simplest 93 judges are running in Allahabad Prime Court docket as towards the sanctioned energy of 160.

    A complete of 67 posts of judges are nonetheless mendacity vacant, the HCBA president mentioned.

    He lamented that again and again the ideas isn’t conveyed via SMS in absence of reason listing, leading to dismissal of circumstances by way of the courts because of non-appearance of counsels.

    He additional suggested the Leader Justice to make certain that the entire courts get started running at 10 am and proceed until 4 pm.

  • Allahabad HC says loudspeaker at mosque now not a basic proper

    Categorical Information Carrier

    LUCKNOW:  Amid the continuing controversy over the usage of loudspeakers and sound amplifiers at puts of worship around the nation, the Allahabad Prime Courtroom has disregarded a petition in search of permission for the usage of loudspeakers from the premises of a mosque to play Azaan (Islamic name for prayer), gazing that use of loudspeakers in mosques for Azaan was once now not a basic proper.

    The Allahabad Prime Courtroom rejected the petition filed via one Irfan on Would possibly 4. He was once represented within the courtroom via recommend Sachin Kumar Sharma. The petitioner, a resident of Baduan district, had filed an utility on August 20 ultimate 12 months in search of permission to play Azaan on loudspeaker from Noori Masjid. The mentioned mosque is situated in Dhoranpur village in Bisauli tehsil of Budaun district.

    After his petition was once rejected via the district courtroom of Badaun on December 3, 2021, Irfan had moved the Allahabad Prime Courtroom. The topic got here up for listening to ahead of a department bench comprising Justices Vivek Kumar Birla and Vikas Bhudhwar.

    All through the listening to, the plaintiff termed the rejection of plea in search of permission to play Azaan at the loudspeaker as ‘unlawful’ and “violative” of his basic rights. After listening to the arguments, the prime courtroom bench seen:  “The regulation has now been settled that use of loudspeaker from the mosque isn’t a basic proper. Accordingly, we discover that the existing petition is patently misconceived, therefore the similar is disregarded.”

    In Would possibly 2020 the Allahabad Prime Courtroom had held that whilst reciting Azaan via a Muezzin from a Masjid was once integral to Islam, the usage of sound amplifiers, akin to loudspeakers, didn’t represent very important apply.

    Intensified pressure via Yogi executive
    In compliance of an previous order of the HC, the UP executive has were given 67,128 loudspeakers got rid of from puts of worship and quantity of 57,352 amplifiers diminished  around the state as on Friday

  • Allahabad Prime Courtroom denies permission to be used of loudspeaker at mosque for azaan

    By means of PTI

    ALLAHABAD: The Allahabad Prime Courtroom has pushed aside a petition in search of permission for the usage of loudspeakers at a mosque for azaan.

    The regulation has now been settled that the usage of loudspeaker in mosque isn’t a basic proper, a bench of Justice Vivek Kumar Birla and Justice Vikas Budhwar seen within the order on Wednesday.

    The order got here on a petition filed by means of one Irfan of Badaun district.

    Petitioner Irfan moved the top court docket after a subdivisional Justice of the Peace had in December final yr rejected his software in search of permission for enjoying loudspeaker/mike in a village mosque on the time of azaan.

    The recommend for the petitioner submitted that the impugned order of the SDM was once wholly unlawful and violates the basic and criminal rights of the petitioner to run loudspeaker from the mosque.

    After listening to the arguments, the court docket stated, “The regulation has now been settled that use of loudspeaker from mosque isn’t a basic proper. Even differently a cogent explanation why has been assigned within the impugned order. Accordingly, we discover that the existing petition is patently misconceived, therefore the similar is pushed aside.”

  • Allahabad Top Court docket provides bail to a few males held two years in the past for environment afire rape sufferer

    Through PTI

    LUCKNOW: The Allahabad Top Court docket has granted bail to 3 other folks arrested for allegedly environment afire a rape sufferer in Unnao, doubting her demise declaration.

    Justice Dinesh Kumar Singh of the Lucknow bench of the prime court docket gave the relaxation, additionally pronouncing that simply since the case involving the lady’s killing had gained massive media consideration, an accused can’t be allowed to endure indefinitely except confirmed to blame.

    The pass judgement on additionally stated put out of your mind concerning the query of the start of the trial, the police have no longer even filed the rate sheet within the case it relationship again to December 2019, leaving the accused to languish in prison the entire whilst.

    Justice Singh handed the order on bail pleas of the 3 accused, Umesh Kumar Bajpai, Ram Kishor Trivedi and Hari Shanker Trivedi alias Chunnu, all Unnao citizens, within the case which was once lodged on the district’s Bihar police station.

    In step with the FIR, she was once allegedly raped by means of two other folks, Shivam and Shubham, who have been dealing with trial within the rape case in a Rai Bareli court docket.

    Within the FIR, she stated she was once set afire by means of Shivan and Subham and their 3 different family members — Umesh, Ram Kishor and Hari Shanker — whilst she was once on her approach space to the railway station to catch a educate to Rai Slightly to wait the trial of the case on December 5, 2019.

    The lady had died later within the medical institution.

    In his order granting bail to the 3 accused, Justice Singh stated, “It’s true that the stated incident gained massive media consideration and the complainant and his circle of relatives gained greater than good enough monetary assist from the federal government.

    “If an accused has dedicated an offence, he will have to be punished adequately below the provisions of the legislation however simply as a result of a case has gained exposure and media consideration, an individual will have to no longer be made to endure except he’s to blame of committing the crime,” he added.

    Right through the listening to at the bail pleas, Justice Singh discovered that even a rate sheet was once no longer filed on the subject of burning the lady, put out of your mind concerning the get started of its trial.

    The bench additionally spotted a number of lacunae within the lady’s remark given earlier than her demise.

    The educate to Rai Bareli that the lady stated she was once going to catch on the railway station stood cancelled since December 3, Justice Singh identified.

    Additionally, the sufferer had stated she was once assaulted by means of a ‘danda’ and knife on her head and neck however throughout the postmortem, no such accidents have been discovered by means of the physician.

    Bearing in mind the topic intimately, the bench noticed that it was once a are compatible case for bail.

    The lady had later died of the wounds gained within the incident.

    All through listening to, the bench discovered that even a rate sheet was once no longer filed if so, to not communicate of beginning trial thereof.

    In a similar way, the educate was once cancelled from December 3, 2019 or even on that day the educate had remained cancelled.

    Additionally, the sufferer had stated that she was once additionally assaulted by means of a ‘danda’ and knife on her head and neck however within the put up -mortem , no damage was once discovered by means of the physician.

    The bench additionally went throughout the whatsapp messages together with her legal professional Mahendra Singh Rathore which proved that she had bodily touch with a number of individuals.

    Bearing in mind the topic intimately, the bench noticed that it was once a are compatible case for bail.

  • If the Top Court docket does no longer come to a decision, we can intrude… SC’s large touch upon Azam’s bail plea

    Lucknow: The Best Court docket has made a powerful remark at the Top Court docket relating to a case of Samajwadi Birthday party chief and SP MLA from Rampur Azam Khan. The highest courtroom mentioned that out of 87 circumstances, Azam Khan has were given bail in 86 circumstances. Why is it taking see you later for only one case. The Top Court docket reprimanded why the subject may just no longer be determined even after 137 days.

    The courtroom additionally mentioned that if the Allahabad Top Court docket does no longer give a verdict on this subject, then we can intervene in it. The courtroom will subsequent pay attention the subject on Would possibly 11.

    Allow us to inform you that the bail plea of ​​SP chief Azam Khan, lodged in Sitapur Prison, may just no longer be determined even on Thursday. There used to be an issue from each the perimeters for 3 hours within the Allahabad Top Court docket relating to his bail within the enemy belongings case. After listening to the arguments held within the afternoon, the courtroom of Justice Rahul Chaturvedi has reserved the decision.

    It’s price citing that Azam Khan is accused of creating pretend waqf in Rampur’s Azimnagar police station and illegally occupying enemy belongings and encircling the boundary wall. On this case, after listening to on bail on 4 December 2021, the courtroom had reserved the verdict. Then again, a petition used to be filed within the Best Court docket on behalf of Azam Khan, announcing that the Allahabad Top Court docket has no longer delivered the verdict for a very long time after securing the order at the bail utility.

  • Loudspeaker Vivad: Putting in loudspeakers on mosques isn’t a basic proper, Allahabad HC’s large choice got here

    Loudspeaker Controversy in Uttar Pradesh: Amidst the continuing marketing campaign in opposition to loudspeakers in Uttar Pradesh, a large choice of the Allahabad Prime Court docket has come to the fore. The court docket has made it transparent that putting in loudspeakers in mosques does now not come beneath the class of basic proper. The court docket brushed aside the petition filed in regards to the loudspeaker with this statement.

    Prayagraj: The marketing campaign to nab the neck of the loudspeaker roww in Uttar Pradesh will proceed unabated. The UP executive has introduced a marketing campaign to scale back the sound of loudspeakers put in at spiritual puts. On this, the loudspeaker performed in loud voice may be being reduced. UP CM Yogi Adityanath has ordered to restrict the voice of worship in spiritual puts to the premises. After this, the loudspeakers had been raided through the UP Police. When the topic reached the Allahabad Prime Court docket on this regard, the advocates of loudspeakers were given a large setback there too. The court docket has made it transparent that putting in loudspeakers in mosques does now not come beneath the purview of a basic proper. With this statement, the court docket brushed aside the petition for set up of loudspeakers. Subsequent articleNithari Case: Listening to on attraction in opposition to placing of Surinder Koli, Maninder Singh Pandher in Nithari case on Might 12

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  • Allahabad Top Court docket: Spouse can not see husband with some other girl, Top Court docket dismisses this petition with remarks

    Prayagraj: The Allahabad Top Court docket has pushed aside the husband’s petition when it comes to a girl’s suicide. The husband had filed a petition difficult the trial courtroom’s determination. He had sought acquittal of the price of abetting the lady to dedicate suicide. In truth, his spouse had dedicated suicide through eating poison after you have married once more with out informing. Whilst listening to this petition, the courtroom made a gigantic remark. The courtroom held {that a} married girl is somewhat possessive about her husband. She can not percentage her husband with any individual else.

    A bench of Justice Rahul Chaturvedi of the Allahabad Top Court docket, whilst pushing aside the revision petition of the person, stated that an Indian girl can not percentage her husband underneath any cases. The courtroom stated that it will be the greatest setback for any married girl that her husband will have to get started dwelling with any other girl. Or else, he’s going to marry any other girl. In one of these state of affairs, no figuring out will also be anticipated from him. That is what came about on this case when the lady dedicated suicide after studying that her husband had secretly married any other girl.

    had dedicated suicide through registering a case towards the husband
    The spouse had dedicated suicide through registering a case towards the husband within the police station. If truth be told, in September 2018, the spouse of accused Sushil Kumar had lodged an FIR towards him and all of the members of the family underneath sections 323, 494, 504, 506, 379 of the IPC. The lady had alleged that the accused was once already married with any other girl. He has two youngsters from that marriage. After this he were given married for the 3rd time with out divorcing.

    The lady additionally accused the accused and his members of the family of attack, misbehavior and abusing her. When the accused left her and saved a brand new girl in his space, the lady determined to sign in an FIR. After that the lady dedicated suicide through eating poison.

    Accused Sushil Kumar has admitted that he had married for the 3rd time in September 2018. The courtroom then held that the husband’s 3rd marriage was once the one explanation why in the back of the lady’s determination to dedicate suicide. This was once thought to be as an abetment to suicide. After listening to all the topic, the courtroom pushed aside the revision petition.

  • The ban at the sale of meat and liquor will proceed round Krishna Janmabhoomi, the petition to raise the ban disregarded within the Allahabad Top Court docket

    Prayagraj: The Allahabad Top Court docket has disregarded a PIL difficult the ban on sale of meat and different non-vegetarian pieces in 22 wards of Mathura and Vrindavan. The state executive has notified 22 wards of Mathura-Vrindavan Municipal Company as ‘pilgrimage websites’ vide notification dated September 10, 2021. The court docket stated, “India is a rustic filled with diversities and if we need to stay our nation united, we need to have a spirit of tolerance and admire for all communities.”

    A bench of Justices Pritinkar Diwakar and Ashutosh Srivastava stated, “We don’t see that any provision of the Charter is violated through that notification of the federal government.” It’s the prerogative of the federal government to claim anywhere as a holy position of pilgrimage. It used to be argued prior to the court docket that the petitioner is an everlasting resident of Mathura district and a social employee elected as a councillor. There are general 70 wards in Mathura town.

    Kasganj surprised through horror killing, used to be in love with any other caste boy, father and brothers strangled him to loss of life with a dupatta, arrested

    The state executive had notified 22 wards of Mathura-Vrindavan as a holy website through issuing a notification on September 10, 2021. The Further Leader Secretary (Charitable Affairs Division) declared those 22 wards of Mathura as holy puts of pilgrimage, and then on 9/11, the District Meals Protection Officer of Mathura canceled the licenses of meat retail outlets and eating places in those spaces.

    The court docket just lately disregarded the PIL announcing that the stated notification used to be no longer challenged prior to the court docket and asked to direct the Mathura District Justice of the Peace to believe the illustration of the petitioner.

    The court docket stated the restriction has been imposed in admire of twenty-two wards and isn’t appropriate to different wards of the town. Therefore, it isn’t an entire ban. The allegation of the petitioner that the state government are harassing the patrons with reference to transportation of banned pieces is only a clean commentary and no information had been offered in make stronger of this allegation.

    The state executive’s suggest submitted that the imposition of restrictions in most effective 22 wards can’t be stated to be infringing on any basic proper below Article 19(1)(g) and Article 19(6) of the Charter of India. Equivalent restrictions had been imposed in Rishikesh Nagar house in terms of Darshan Kumar et al. vs. Govt of Uttar Pradesh.

  • Allahabad HC rejects PIL alleging harassment in meat, liquor transportation in Mathura-Vrindavan

    Specific Information Carrier

    LUCKNOW: Whilst brushing aside a public passion litigation (PIL) alleging harassment of meat, liquor and egg shoppers via the state government in 22 wards of Mathura, Vrindavan which have been notified as ‘holy position of pilgrimage’, Allahabad Prime Court docket seen that it was once very important to have tolerance and recognize for all communities.

    The PIL, filed via one Shaida of Mathura district, additionally alleged harassment in transportation of meat and liquor within the notified wards. It can be recalled that the Uttar Pradesh executive had notified 22 wards of Mathura Vrindavan Nagar Nigam as “holy position of pilgrimage” thru a central authority order dated September 10, 2021.

    Thereafter, a consequential order was once additionally handed via the meals processing officer, Meals Protection and Medicine Management, Mathura, postponing the registration of the department stores promoting meat and non-vegetarian eating places with fast impact within the aforesaid 22 wards on 9/11, 2021.

    Whilst listening to the petition, a department bench, comprising Justice Pritinker Diwaker and Justice Ashutosh Srivastava, seen: “India is a rustic of significant variety. It’s completely very important to have tolerance and recognize for all communities and sects if we need to stay our nation united. It was once because of the knowledge of our founding fathers that we’ve got a Charter which is secular in persona and caters to all communities, sects, lingual and ethnic teams, and so on., co-existing within the nation. It’s the Charter of India which is preserving us in combination regardless of our super variety for the reason that Charter offers equivalent recognize to all communities, sects, lingual and ethnic teams, and so on.”

    On the other hand, the petitioner had claimed in her plea that as a result of the limitations imposed via the state government, non-vegetarian individuals dwelling within the aforesaid wards, notified as ‘holy position of pilgrimage’, are being disadvantaged in their number of foods.

    She had additionally claimed the citizens had been disadvantaged of training the trade for his or her livelihood.

    The petitioner had claimed in her plea that the federal government notification amounted to violation of Article 19 (1) (G) of the Charter which supplied freedom to apply any career, or any career, business or trade and in addition Article 21 which supplied coverage of existence and private liberty.

    The PIL alleged that the government had been additionally now not allowing the transportation ofthe limited fabrics from different wards calling the restriction maximum arbitrary.

    The courtroom seen that the petitioner’s allegations of harassment of meat, liquor and egg shoppers in the ones wards of Mathura Vridawan had been sweeping statements and not using a subject matter introduced on document to verify them.

    The courtroom rejected the plea and stated in its order dated March 28: “The notification dated 10.9.2021 simply proclaims 22 wards of the Nagar Nigam Mathura-Vrindavan to be ‘holy position of pilgrimage’. The petitioner can’t be stated to have any complaint towards the similar.  We additionally don’t to find any transparent violation of any constitutional provision via the stated notification.”

    “It’s the prerogative of the federal government to claim anyplace as a ‘holy position of pilgrimage’. Mere declaration of any explicit position as ‘holy position of pilgrimage’ does now not imply that any restriction has been imposed and the stated act is against the law. We’re of the opinion that it’s the privilege of the state to take action,” the courtroom added.

    Showing on behalf of the state executive, further suggest normal (AAG), Manish Goyal, submitted that Mathura and Vrindavan had been distinguished puts having nice historic and non secular significance via distinctive feature of being the delivery position and ‘kreeda sthal’ (play floor) of Lord Krishna.

    The state executive in order to care for the historic, spiritual, tourism significance of where
    and its sanctity issued the aforesaid notification dated September 10, 2021 and executive order dated 9/11, 2021.  

    Except those 22 wards, there existed no such restriction, he contended. The AAG additionally referred to the cheap restrictions in recognize of Rishikesh municipality which have been upheld with regards to Darshan Kumar and others as opposed to the State of UP.

    The verdict was once affirmed via the apex courtroom with regards to Om Prakash and others as opposed to State of UP and others reported in 2004 (3) SCC 402.