#Lucknow high court order

[lok-shakti]

यूपी में नगर निकाय चुनाव की घोषणा पर लगी 20 दिसंबर तक रोक, हाई कोर्ट का आया बड़ा फैसला

यूपी में नगर निकाय चुनाव की घोषणा पर लगी 20 दिसंबर तक रोक, हाई कोर्ट का आया बड़ा फैसला

UP Municipal Election Date Announcement News: उत्तर प्रदेश में नगर निकाय चुनाव की घोषणा पर हाई कोर्ट ने 20 दिसंबर तक के लिए रोक लगा दी है। इलाहाबाद हाई कोर्ट के लखनऊ बेंच में बुधवार को हुई सुनवाई के बाद यह फैसला सामने आया है। राज्य निर्वाचन आयोग को इस संबंध में आदेश जारी कर दिया गया है।  

[warningsine]

Thousands of doctors across major cities in India, including the capital, New Delhi, on Tuesday, joined in on protests sparked by the alleged rape and murder of a trainee last week.

A 31-year-old female medical trainee was found dead at one of the largest government hospitals in the eastern city of Kolkata on Friday. Her body sustained multiple injuries and an autopsy report described evidence of sexual violence. 

After the incident, doctors walked off their jobs at government hospitals, demanding better security and safety measures for health workers. The chief of the institution involved, RG Kar Medical College and Hospital, resigned on Monday. 

Protests flare as doctors demand better safety

Protests picked up across government-run facilities in the eastern state of West Bengal, home to Kolkata, on Monday — with doctors saying they would suspend emergency services as well until at least Tuesday. 

"As resident doctors, we are on the frontline and deal with lots of patients, which makes us quite vulnerable to these attacks," Doctor Rajat Sharma, vice president of India's Federation of Resident Doctors Association (FORDA), told DW.

"It's a scary situation which we see working on a daily basis. Doctors in West Bengal are protesting for their rights. We want to have better security for our resident doctors."

Around 75% of doctors in India have faced some form of violence, according to a survey by the Indian Medical Association.

Sharma's FORDA colleague Sarvesh Pandey told Indian media that doctors' demands included a specialized law protecting healthcare workers from violence on the job. 

"There should be stringent security measures in hospitals and CCTV cameras should be installed," he said.

Students at universities in Kolkata also joined in on protests, demanding better safety measures for women in particular.

 Sexual violence against women is a big problem in India.

The National Crimes Records Bureau reported that in 2021, an average of 86 rape cases were registered every day and 49 cases of crime against women lodged every single hour. 

Protests spread to major cities, some services hampered

The incident has struck a nerve in the medical community who have repeatedly said they face threats from angry family members, especially in the case of bad news involving medical issues. 

In the western Maharashtra state, home to financial capital Mumbai, around 8,000 doctors at government hospitals walked off their jobs on Tuesday.

In New Delhi, junior doctors wearing white coats held banners that read "Doctors are not punching bags" as they sat outside a big government hospital to demand an investigation into the incident.

Protests hampered medical services in the city of Lucknow in the most populous state of Uttar Pradesh, as well as in the popular tourist state of Goa.

How have Indian authorities responded?

The Calcutta High Court on Tuesday ordered the case to be transferred over to a federal agency, meaning that Kolkata police will have to submit all case documents to the agency.

Kolkata police initially set up a special investigative team and arrested a man in connection with the case.

City police chief Vineet Kumar Goyal told reporters a case had been registered against the suspect under provisions of the law relating to rape and murder.

The National Human Rights Commission on Tuesday sent notices to the director general of police and the chief secretary of West Bengal state, asking for a detailed report within two weeks. 

West Bengal Chief Minister Mamata Banerjee met the family of the victim on Monday, telling reporters later that police were "giving utmost importance to the investigation."

[helputrust]

World Population Day 2023 : Dr. Ravi Mishra (Advocate) | विश्व जनसंख्या दिवस 2023 : डॉ. रवि मिश्रा

As we all know that World Population Day is observed every year on July 11 in order to raise awareness about the global population issues, including population control. The theme for the World Population Day 2023 is ‘Unleashing the power of gender equality: Uplifting the voices of women and girls to unlock our world’s infinite possibilities’.

On this World Population Day 2023, We are sharing valuable views of Dr Ravi Mishra, Advocate, Hon’ble Allahabad High Court, Lucknow Bench, Lucknow in public interest.

#WorldPopulationDay2023 #विश्व_जनसंख्या_दिवस #विश्वजनसंख्यादिवस #worldpopulationday #population #populationday #populationcontrol #PopulationDay #worldpopulation #populationhealth #familyplanning #depopulation #depopulationagenda #populationproblem

#NarendraModi #PMOIndia

#DrRaviMishra #AdvocateRaviMishra

#HelpUTrust #HelpUEducationalandCharitableTrust #KiranAgarwal #DrRupalAgarwal #HarshVardhanAgarwal

www.helputrust.org

@HelpUEducationalAndCharitableTrust @HelpU.Trust @KIRANHELPU @HarshVardhanAgarwal.HVA @HVA.CLRS @HarshVardhanAgarwal.HelpUTrust @HelpUTrustDrRupalAgarwal @RupalAgarwal.HELPU @drrupalagarwal @HelpUTrustDrRupal

Disclaimer: The Content in the Video is individual versions of the Speaker. The Trust is not at all concerned or related with whatever is said by the Speaker. Further, the details / information / discussion etc contained in the video / multimedia content (“Video Content”) represents the views and opinions of the original speaker of Video and does not necessarily represent the views or opinions of Help U Educational and Charitable Trust. The mere appearance of Video Content on the Trust Social Media / YouTube Channel does not constitute an endorsement by Trust or its affiliates. The Video Content has been made available for informational and educational purposes only in Public Interest. Trust hereby disclaims any and all liability to any party for any direct, indirect, implied, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of the Video Content.

[seemabhatnagar]

“Passport Issuance Amid Pending Criminal Cases: A High Court’s Perspective”

Kashif Ahmed v. Union of India

Criminal Writ Petition 2067/2024

Subject Issuance of passport when a criminal case is pending

Before Lucknow High Court

Heard by Hon’ble Mr. Justice Shameem Ahmad

Order Writ Petition was allowed on 22.03.2024 with the observation that no hard and fast straight jacket formula can be laid down regarding issuance of permission or giving no objection by the court concerned for issuance of passport.

Facts

The Additional Chief Judicial Magistrate Vth Lucknow denied permission for renewal of the passport to the Petitioner Kashif Ahmad on the ground that the Court has no jurisdiction.

The Passport of the petitioner expired on 30.11.2019 and the marriage of his brother-in-law is scheduled in Saudi Arabia on 30.04.2024 and he wanted to attend the ceremony.

In December 2019, five cases were registered against him given his protest against the Citizen Amendment Act & National Register for Citizens. In all these pending criminal cases, the charge has not yet been framed by the Court.

Aggrieved by the denial of permission by the ACJM-Lucknow, the Petitioner approached Lucknow High Court seeking a Writ of Mandamus.

Submission of Petitioner's Counsel

The Petitioner’s Counsel contended that the Magistrate didn’t apply his mind while rejecting the application of the Petitioner.

Submission of the Respondent's Counsel

The Counsel for the Respondent-Union of India too affirmed the submission of the Petitioner’s Counsel quoting the Office Memorandum dt.10.10.2019 which provided an exemption to citizens of India against whom criminal proceedings in respect of an offence alleged to have been committed by them are pending before a criminal court in India and who produce orders from the court concerned permitting them to depart from India, subject to the following conditions, namely: -

1.      For the period as specified in the order of the court.

For renewal after the expiry of the stipulated period, a fresh court order is required specifying a further period of validity of the passport for travel abroad

2.      If no time is specified, a passport shall be issued for one year.

The passport can be further renewed for one year at a time, provided the applicant has not traveled abroad for the period sanctioned by the court; and in the meantime, the order of the court is not canceled or modified.

3.      If the time specified for travel abroad is less than one year but the validity of the passport is not specified then it shall be issued for one year.

And passport can be further renewed for one year at a time, provided the applicant has not traveled abroad for the period sanctioned by the court; and in the meantime, the order of the court is not canceled or modified.

4.      If the time specified for travel abroad is more than one year but the validity of the passport is not specified then the passport shall be issued for the period of travel as specified in the order.

In this situation renewal of the passport requires a fresh court order specifying a further period of validity of the passport or specifying a period for travel abroad.

5.      Apart from this, the citizen has to give an undertaking in writing to the passport-issuing authority that he shall, if required by the court concerned, would appear before it at any time during the continuance in force of the passport so issued.

6.      For issuance of a passport, a declaration has to be made by the applicant that the applicant has not been convicted by any Court of Law in India for any criminal offence and has not been sentenced to imprisonment for two years or more than two years with other relevant information.

Seema Bhatnagar

[legalwires]

Allahabad HC Allows Woman Accused in Forgery Case to Perform Umrah

In a significant legal development, the Allahabad High Court recently ruled in favor of Rukhsana Khatoon, an accused in a cheating and forgery case, allowing her to travel to Saudi Arabia for the purpose of performing the Umrah pilgrimage. This decision came as a reversal of a previous order by the Additional Chief Judicial Magistrate, CBI, Lucknow, which had denied her permission to undertake…

[helpukiranagarwal]

World Population Day 2023 : Dr. Ravi Mishra (Advocate) | विश्व जनसंख्या दिवस 2023 : डॉ. रवि मिश्रा

As we all know that World Population Day is observed every year on July 11 in order to raise awareness about the global population issues, including population control. The theme for the World Population Day 2023 is ‘Unleashing the power of gender equality: Uplifting the voices of women and girls to unlock our world’s infinite possibilities’.

On this World Population Day 2023, We are sharing valuable views of Dr Ravi Mishra, Advocate, Hon’ble Allahabad High Court, Lucknow Bench, Lucknow in public interest.

#WorldPopulationDay2023 #विश्व_जनसंख्या_दिवस #विश्वजनसंख्यादिवस #worldpopulationday #population #populationday #populationcontrol #PopulationDay #worldpopulation #populationhealth #familyplanning #depopulation #depopulationagenda #populationproblem

#NarendraModi #PMOIndia

#DrRaviMishra #AdvocateRaviMishra

#HelpUTrust #HelpUEducationalandCharitableTrust #KiranAgarwal #DrRupalAgarwal #HarshVardhanAgarwal

www.helputrust.org

@HelpUEducationalAndCharitableTrust @HelpU.Trust @KIRANHELPU @HarshVardhanAgarwal.HVA @HVA.CLRS @HarshVardhanAgarwal.HelpUTrust @HelpUTrustDrRupalAgarwal @RupalAgarwal.HELPU @drrupalagarwal @HelpUTrustDrRupal

Disclaimer: The Content in the Video is individual versions of the Speaker. The Trust is not at all concerned or related with whatever is said by the Speaker. Further, the details / information / discussion etc contained in the video / multimedia content (“Video Content”) represents the views and opinions of the original speaker of Video and does not necessarily represent the views or opinions of Help U Educational and Charitable Trust. The mere appearance of Video Content on the Trust Social Media / YouTube Channel does not constitute an endorsement by Trust or its affiliates. The Video Content has been made available for informational and educational purposes only in Public Interest. Trust hereby disclaims any and all liability to any party for any direct, indirect, implied, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of the Video Content.

[drrupal-helputrust]

World Population Day 2023 : Dr. Ravi Mishra (Advocate) | विश्व जनसंख्या दिवस 2023 : डॉ. रवि मिश्रा

As we all know that World Population Day is observed every year on July 11 in order to raise awareness about the global population issues, including population control. The theme for the World Population Day 2023 is ‘Unleashing the power of gender equality: Uplifting the voices of women and girls to unlock our world’s infinite possibilities’.

On this World Population Day 2023, We are sharing valuable views of Dr Ravi Mishra, Advocate, Hon’ble Allahabad High Court, Lucknow Bench, Lucknow in public interest.

#WorldPopulationDay2023 #विश्व_जनसंख्या_दिवस #विश्वजनसंख्यादिवस #worldpopulationday #population #populationday #populationcontrol #PopulationDay #worldpopulation #populationhealth #familyplanning #depopulation #depopulationagenda #populationproblem

#NarendraModi #PMOIndia

#DrRaviMishra #AdvocateRaviMishra

#HelpUTrust #HelpUEducationalandCharitableTrust #KiranAgarwal #DrRupalAgarwal #HarshVardhanAgarwal

www.helputrust.org

@HelpUEducationalAndCharitableTrust @HelpU.Trust @KIRANHELPU @HarshVardhanAgarwal.HVA @HVA.CLRS @HarshVardhanAgarwal.HelpUTrust @HelpUTrustDrRupalAgarwal @RupalAgarwal.HELPU @drrupalagarwal @HelpUTrustDrRupal

Disclaimer: The Content in the Video is individual versions of the Speaker. The Trust is not at all concerned or related with whatever is said by the Speaker. Further, the details / information / discussion etc contained in the video / multimedia content (“Video Content”) represents the views and opinions of the original speaker of Video and does not necessarily represent the views or opinions of Help U Educational and Charitable Trust. The mere appearance of Video Content on the Trust Social Media / YouTube Channel does not constitute an endorsement by Trust or its affiliates. The Video Content has been made available for informational and educational purposes only in Public Interest. Trust hereby disclaims any and all liability to any party for any direct, indirect, implied, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of the Video Content.

[helputrust-drrupal]

World Population Day 2023 : Dr. Ravi Mishra (Advocate) | विश्व जनसंख्या दिवस 2023 : डॉ. रवि मिश्रा

As we all know that World Population Day is observed every year on July 11 in order to raise awareness about the global population issues, including population control. The theme for the World Population Day 2023 is ‘Unleashing the power of gender equality: Uplifting the voices of women and girls to unlock our world’s infinite possibilities’.

On this World Population Day 2023, We are sharing valuable views of Dr Ravi Mishra, Advocate, Hon’ble Allahabad High Court, Lucknow Bench, Lucknow in public interest.

#WorldPopulationDay2023 #विश्व_जनसंख्या_दिवस #विश्वजनसंख्यादिवस #worldpopulationday #population #populationday #populationcontrol #PopulationDay #worldpopulation #populationhealth #familyplanning #depopulation #depopulationagenda #populationproblem

#NarendraModi #PMOIndia

#DrRaviMishra #AdvocateRaviMishra

#HelpUTrust #HelpUEducationalandCharitableTrust #KiranAgarwal #DrRupalAgarwal #HarshVardhanAgarwal

www.helputrust.org

@HelpUEducationalAndCharitableTrust @HelpU.Trust @KIRANHELPU @HarshVardhanAgarwal.HVA @HVA.CLRS @HarshVardhanAgarwal.HelpUTrust @HelpUTrustDrRupalAgarwal @RupalAgarwal.HELPU @drrupalagarwal @HelpUTrustDrRupal

Disclaimer: The Content in the Video is individual versions of the Speaker. The Trust is not at all concerned or related with whatever is said by the Speaker. Further, the details / information / discussion etc contained in the video / multimedia content (“Video Content”) represents the views and opinions of the original speaker of Video and does not necessarily represent the views or opinions of Help U Educational and Charitable Trust. The mere appearance of Video Content on the Trust Social Media / YouTube Channel does not constitute an endorsement by Trust or its affiliates. The Video Content has been made available for informational and educational purposes only in Public Interest. Trust hereby disclaims any and all liability to any party for any direct, indirect, implied, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of the Video Content.

[helputrust-harsh]

World Population Day 2023 : Dr. Ravi Mishra (Advocate) | विश्व जनसंख्या दिवस 2023 : डॉ. रवि मिश्रा

As we all know that World Population Day is observed every year on July 11 in order to raise awareness about the global population issues, including population control. The theme for the World Population Day 2023 is ‘Unleashing the power of gender equality: Uplifting the voices of women and girls to unlock our world’s infinite possibilities’.

On this World Population Day 2023, We are sharing valuable views of Dr Ravi Mishra, Advocate, Hon’ble Allahabad High Court, Lucknow Bench, Lucknow in public interest.

#WorldPopulationDay2023 #विश्व_जनसंख्या_दिवस #विश्वजनसंख्यादिवस #worldpopulationday #population #populationday #populationcontrol #PopulationDay #worldpopulation #populationhealth #familyplanning #depopulation #depopulationagenda #populationproblem

#NarendraModi #PMOIndia

#DrRaviMishra #AdvocateRaviMishra

#HelpUTrust #HelpUEducationalandCharitableTrust #KiranAgarwal #DrRupalAgarwal #HarshVardhanAgarwal

www.helputrust.org

@HelpUEducationalAndCharitableTrust @HelpU.Trust @KIRANHELPU @HarshVardhanAgarwal.HVA @HVA.CLRS @HarshVardhanAgarwal.HelpUTrust @HelpUTrustDrRupalAgarwal @RupalAgarwal.HELPU @drrupalagarwal @HelpUTrustDrRupal

Disclaimer: The Content in the Video is individual versions of the Speaker. The Trust is not at all concerned or related with whatever is said by the Speaker. Further, the details / information / discussion etc contained in the video / multimedia content (“Video Content”) represents the views and opinions of the original speaker of Video and does not necessarily represent the views or opinions of Help U Educational and Charitable Trust. The mere appearance of Video Content on the Trust Social Media / YouTube Channel does not constitute an endorsement by Trust or its affiliates. The Video Content has been made available for informational and educational purposes only in Public Interest. Trust hereby disclaims any and all liability to any party for any direct, indirect, implied, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of the Video Content.

[blogynews]

"Allahabad HC Saves Iconic Sanjay Gandhi Hospital from Closure: What Were the Employees Protesting for Nine Days?"

The decision made by the Lucknow Bench of the Allahabad High Court to suspend the Uttar Pradesh government’s order to revoke the license of the Sanjay Gandhi Hospital in Amethi has brought relief to the hospital staff and those who rely on it for their livelihood. A Division Bench of Justices Vivek Chaudhary and Manish Kumar has stated that the inquiry against the hospital will continue, and has…

[seemabhatnagar]

"Allahabad High Court Allows Tenant’s Petition, Affirms Civil Court’s Jurisdiction in Eviction Matters Not Covered by Rent Act"

The provisions of the Tenancy Act of 2021 do not bar civil courts from entertaining suits filed by tenants seeking protection from eviction not conducted by the law.

Harmeet Singh v. Desh Deepak Gupta

W P 5133/2023

Before the High Court of Lucknow

Heard by Hon'ble Mr. Justice Subhash Vidyarthi J

Background

The petitioner, Harmeet Singh, had filed a suit for a perpetual injunction against the respondent-landlord, Desh Deepak Gupta.

The petitioner sought to restrain the landlord from evicting him from the property in his tenancy without following due process of law.

The Civil Judge (Junior Division), Raebareli, dismissed the suit at the admission stage, relying on Section 38(1) of the U.P. Regulation of Urban Premises Tenancy Act, 2021, which bars civil courts from entertaining suits related to matters covered by the Act.

The petitioner then filed a revision, which was also dismissed by the Additional District Judge, affirming the Civil Judge's order.

Legal Issue

Whether the provisions of the U.P. Regulation of Urban Premises Tenancy Act, 2021, barred the civil courts from entertaining a suit for perpetual injunction filed by a tenant against the landlord, seeking protection from eviction not conducted in accordance with the law.

Argument of the parties

Petitioner's Argument

The Tenancy Act of 2021 provides remedies for landlords to seek eviction and recover arrears of rent, it does not include provisions for tenants to file suits for perpetual injunction against eviction. Therefore, the jurisdiction of civil courts to hear such suits was not barred.

Respondent's Argument

There was no cause of action for the petitioner, as the landlord was not attempting to evict the tenant unlawfully.

However, he did not dispute the legal submission that the Tenancy Act does not empower the Rent Authority or Tribunal to entertain a suit for perpetual injunction by a tenant.

Court's Observation

The U.P. Regulation of Urban Premises Tenancy Act, 2021, primarily regulates the relationship between landlords and tenants, conferring specific jurisdiction to Rent Authorities and Tribunals to handle eviction proceedings initiated by landlords.

However, it does not provide any provision under which a tenant can file for perpetual injunction against apprehended eviction. Therefore, the jurisdiction of civil courts to hear such suits remains intact.

The Civil Judge failed to exercise jurisdiction vested in it by law, which rendered the lower court orders unsustainable.

Court's Order

The High Court allowed the petition, setting aside both the order of the Civil Judge, Raebareli and the order of the First Additional District Judge, Raebareli. The case was remanded back to the Civil Judge to pass fresh orders on the admission of the suit.

Seema Bhatnagar