ForesLegal Law Firm

08/03/2023

11/02/2022

The Constitution (127th Amendment) Bill, 2021

26/01/2022

The court also observed that if the High Courts entertain such writ petitions, then they will be flooded with such writ petitions and will not be able to do any other work except dealing with such writ peti tions. Hence, we have held that the complainant must avail of his alternate remedy to approach the Magistrate concerned under Section 156(3) CrPC and if he does so, the Magistrate will ensure, if prima facie he is satisfied, registration of the first information report and also ensure a proper investigation in the matter, and he can also monitor the investigation.

22/01/2022

Facts: Petitioner, asserting himself to be the father of corpus(child), filed a habeas corpus petition alleging that the corpus is under illegal custody of the mother and praying for the custody of the child.

Held: The custody of the child with his mother is not unlawful. It would only be in an exceptional situation that the custody of a minor may be directed to be taken away from the mother for being given to any other person-including father of the child, in exercise of writ jurisdiction. The father, can take resort to the substantive statutory remedy in respect of his claim regarding custody of the child.

21/01/2022

Facts: The applicant filed an application u/s 482 Cr.P.C. seeking quashing of the criminal proceedings, principal ground being that the order passed by the Magistrate taking cognizance is without application of mind and has been passed mechanically without assigning any detailed reasons.
Question: whether detailed and elaborate reasons are required to be recorded at the stage of taking cognizance or issuing of process?
Held- In the absence of any legal requirement for the Magistrate to have given detailed reasons in an order taking cognizance and issuing process the same cannot be held to be vitiated only on the ground that the order is not a reasoned order.

20/01/2022

Brief Facts: In the present case, the applicant approached the Allahabad Highcourt u/s 482 CrPC with the prayer for quashing the impugned FIR which was lodged by his wife against him due to some trivial issues. By the order of the court, the matter was referred to Mediation and Conciliation Centre, Allahabad Highcourt, The mediation was successfully concluded and wife join her matrimonial home with her husband. In view of the agreement between the parties, the aforesaid relief was pressed before the court.
Question: Whether the Highcourt, under section 482 CrPC, has powers to interfere with the FIR wherein the investigation is pending?
Held: The court held that in light of the Supreme court's judgment in State of Haryana and Others vs. Bhajan Lal and Others (1992) Supp 1 SCC 335, the First Information Report can be quashed either under Section 482 Cr.P.C. or under Article 226 of the Constitution.

19/01/2022

The Division Bench of the Allahabad Highcourt, in a matter pertaining question of maintainability of Writ petition with regard to enforcement of contractual obligation against the state, held that there is no absolute bar to the maintainability of a writ petition in such matters. The court while allowing the writ petition held that a case where the amount is admitted and there is no disputed question of fact requiring adjudication of detailed evidence and interpretation of the terms of the contract, the writ petition would be maintainable.

24/11/2021

The Allahabad High court on Monday issued bailable warrants for the arrest of Director of education (Basic) Sarvendra Vikram Bahadur Singh and Additional Chief Secretary(Basic), Deepak Kumar and directed them to appear on December 20, 2021.

08/05/2021

The Bar Council of India, on Friday, addressed a letter to the Supreme Court in order to explain the current conditions of the Advocates and Judges while seeking directions to reduce the affects of extreme Covid Second Wave on Advocates, Judges, their Staff and Family Members.

The letter begins with describing how the pandemic's second wave have taken a toll on the legal fraternity. It mentions how pandemic has taken away lives of eminent and brilliant Advocates and Judges from Supreme Court to Trial Courts and both Bar and Bench are pained by this huge loss to not only society but administration of justice as a whole.

To explain the gravity of the situation, it says "Thousands have died, a large number of them at the hospital gates and in the hospital compound and even on the road without being attended by the medical staff. Oxygen facilities and prescribed drugs are not available, and if available it is only in black market where no one can know even of purity of genuineness of the drugs."

It made this clear that it is not being written for any special treatment in terms of medical attention as compared to other sections of the society but they hope for a graceful response from the concerned official machinery in order to mitigate the sufferings, "Advocates, though not special citizens, are important part of the society and frontline workers and stakeholders in the matter of dispensation of justice;"

The Coucil thus requested the the Top Court to pass slew of orders/ directions to Government and Judicial Aministrations to help Advocates and Judical Officers combat Coronavirus quickly and effectively.

29/04/2021

The Delhi High Court today directed the Insurance Regulatory and Development Authority (IRDAI) to issue immediate instructions to insurance companies/their agents to Insurance companies/their agents be directed to communicate their approvals to the concerned hospitals/establishments within a maximum time period of 30 to 60 minutes, in order to ensure that the discharge of the patients is not delayed in any manner.

28/04/2021

The Allahabad High Court has issued notices to Uttar Pradesh State Election Commission (UPSEC), seeking an explanation on why it failed to check non-compliance of Covid guidelines during multiple phases of panchayat elections.

Taking cognisance of reported deaths of 135 teachers, shiksha mitras and investigators assigned panchayat election duty, Allahabad High Court, on Tuesday, issued the notices.

The court further asked why action should not be taken against the state poll panel and its officials and why those responsible for Covid violations should not be prosecuted.