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No Cognizance Under Section 188 IPC Without Complaint by Competent Public Servant: Allahabad High Court Quashes Entire Criminal Case

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  In a significant judgment concerning the mandatory requirements of Section 195 Cr.P.C., the Allahabad High Court has quashed criminal proceedings arising from alleged violation of prohibitory orders under Section 144 Cr.P.C., holding that cognizance of an offence under Section 188 IPC cannot be taken unless a written complaint is made by the competent public servant concerned. Justice Rajesh Singh Chauhan delivered the judgment in Israr Ahmad v. State of U.P. & Others , allowing a petition under Section 482 Cr.P.C. and quashing the charge-sheet, summoning order and entire criminal proceedings. Background of the Case The petitioner challenged the criminal proceedings arising out of Case Crime No. 839 of 2019 registered under Sections 143, 188 and 342 IPC at Police Station Kotwali Nagar, District Pratapgarh. The charge-sheet had been filed on 24.11.2019 and cognizance was taken by the Chief Judicial Magistrate on 12.02.2020. The principal contention raised by the petitioner was...
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Delhi High Court: Appeal Under Senior Citizens Act Maintainable at the Instance of Any Aggrieved Person

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  Delhi High Court: Appeal Under Senior Citizens Act Maintainable at the Instance of Any Aggrieved Person Headline Senior Citizens Act: Appeal Can Be Filed By Any Aggrieved Person, Not Just Senior Citizens – Delhi High Court Sub-Headline Court Clarifies That Right of Appeal Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 Is Available to All Affected Parties. Legal News Report In a significant judgment interpreting the provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 , the Delhi High Court has held that the right to file an appeal is not restricted only to senior citizens or parents, but is available to any affected or aggrieved person . Justice Prathiba M. Singh delivered the judgment in Rakhi Sharma v. State & Others , while dealing with a challenge to an eviction order passed under the Senior Citizens Act. Background of the Case The petitioner, who was the daughter-in-law of a senior citizen, challenged an eviction ...
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Appeal Under Senior Citizens Act Maintainable by Any Aggrieved Party, Not Just Parents: Allahabad High Court

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  Appeal Under Senior Citizens Act Maintainable by Any Aggrieved Party, Not Just Parents: Allahabad High Court Summary of Judgment Akhilesh Kumar & Another v. State of U.P. & Others Writ-C No. 11295 of 2019 Allahabad High Court (Division Bench) Decided on: 23.04.2019 Facts The parents/senior citizens initiated proceedings under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 seeking maintenance and eviction of their children from the property. The Sub-Divisional Magistrate allowed the claim and directed the petitioners (children) to pay maintenance and vacate the premises. The petitioners filed an appeal under Section 16 of the Act, 2007 before the District Magistrate. However, the appellate authority held that the appeal was not maintainable because Section 16 expressly mentions only "senior citizens or parents" as appellants. Legal Issue Whether an appeal under Section 16 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 ...
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Allahabad High Court Sets Aside Premature Retirement Order; Holds Date of Birth Recorded at Entry into Service Cannot Be Changed Without Due Process

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  Allahabad High Court Judgment Summary Yatish Singh v. State of U.P. & Others Writ-A No. 5542 of 2026 Decided on: 05.05.2026 Coram: Hon'ble Justice Saurabh Shyam Shamshery Facts of the Case The petitioner, Yatish Singh , was appointed as a Shramik in Harduaganj Thermal Power Plant on 18.03.1988. At the time of his appointment, his date of birth was recorded in the service records as 19.10.1967 based on a medical examination report, making his retirement date 31.10.2027 . After about 35 years of service, the department initiated an inquiry alleging that the date of birth recorded in the service book had been altered. The authorities relied upon a Transfer Certificate showing the date of birth as 14.04.1966 and proposed retirement on 30.04.2026 , nearly 18 months earlier than the existing retirement date. The petitioner challenged departmental communications dated 19.03.2026 and 23.03.2026, contending that: His date of birth at the time of entry into service was 19.10.1967. A...
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Family Court Appeal 30 Or 90? Act, Judgement Explained

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  पारिवारिक न्यायालय अपील 30 या 90? अधिनियम, निर्णय की व्याख्या Family Court Appeal 30 Or 90? Act, Judgement Explained Download https://t.me/sajjadhusainlaw/174 section 28 Hindu Marraige Act https://t.me/sajjadhusainlaw/175 Secion 19 Family Court Act 1984 https://t.me/sajjadhusainlaw/176 Judgement of the Hon'ble High Court Sajjad Husain Advocate Chamber No. 515 Block C High Court Lucknow (Gomtinagar) UP, India, Whatsapp & Mob Googlepe, Phonepe, Paytm No. 7080909786 & E-Mail ID advocatesajjad@gmail.com Location & other Details Sajjad Husain Law Associates (High Court Lucknow) would love your feedback. Post a review to our profile.Digital Visiting Card, Address Google Map Link https://g.page/r/CQjLeK1Iw1ikEBE/review YouTube https://youtube.com/@sajjadhusainlawassociates?si=U76VNZiO4n4uJQjM Video Link Youtube https://youtu.be/vd0DU3H5few Video Link Facebook https://www.facebook.com/share/v/1B9cxQ1vsR/
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WARNING: Are You Aware Of The Changes In DGP's Arrest Circular?

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  download judgement https://t.me/sajjadhusainlaw/171 download Circular https://t.me/sajjadhusainlaw/173    ### Comprehensive Analysis and Summary of the Judgement   **Case:** *Manjeet Singh @ Inder vs. State of U.P. & Others*   **Court:** Allahabad High Court (Division Bench: Justices Mahesh Chandra Tripathi & Prashant Kumar)   **Order Date:** 9 April 2025   **Key Laws Involved:**   - Constitution of India: **Articles 21** (Right to Life/Liberty), **22(1)** (Grounds of Arrest), **39A** (Free Legal Aid)   - Criminal Procedure Code (CrPC): **Sections 50** (Communication of Grounds of Arrest), **50A** (Informing Nominated Person), **304** (Legal Aid)   - **Bharatiya Nagarik Suraksha Sanhita (BNSS):** Equivalent provisions (Sections 47, 48, 341)   --- ### **Core Issues Raised by Petitioner**   1. **Illegal Arrest:**      - Arrest memo was a **printed proform...
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Illegal Arrest की पहचान | Arrest Memo में क्या चेक करे | Ground Of Arrest | arrested persons rights

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  Illegal Arrest की पहचान | Arrest Memo में क्या चेक करे | Ground Of Arrest | arrested persons rights download Judgement https://t.me/sajjadhusainlaw/162 https://t.me/sajjadhusainlaw/164 https://t.me/sajjadhusainlaw/165 https://t.me/sajjadhusainlaw/166 https://t.me/sajjadhusainlaw/167 https://t.me/sajjadhusainlaw/167 illegal arrest by police illegal arrest illegal arrest and illegal detention E-mail ID advocatesajjad@mail.com Sajjad Husain Law Associates Advocate Chamber No. 515 Block - C, High Court Lucknow UP India PIN 226010 WhatsApp & Mobile No. 7080909786 E-Mail ID advocatesajjad@gmail.com
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