Allahabad High Court
Wrongful Utilization Of Input Tax Credit Amounting To ₹315 Cr May Affect County's Economy: Allahabad High Court Denies Bail
The Allahabad High Court has rejected bail to four persons accused of wrongfully availing input tax credit of about Rs. 315 crores on grounds that an economic offence of such magnitude may affect the economy of the country.Justice Nalin Kr Srivastava noted that the applicants' office-cum-residence was subjected to a search where several forged rubber stamps, chequebooks, Aadhaar Card, PAN Card, Mobile Phones, SIM cards along with various electronic gadgets were recovered. On inquiry, it was...
Employees/Officers Of Cooperative Society Aren't 'Public Servants', Can't Be Prosecuted U/S 409 IPC: Allahabad High Court
The Allahabad High Court recently held that the cooperative society's employees and officers are not public servants as per Section 21 of the Indian Penal Code and, therefore, cannot be prosecuted under Section 409 (Criminal breach of trust by public servant, or by banker, merchant or agent) of the IPC. A bench of Justice Arun Kumar Singh Deshwal observed this while dismissing a petition filed by Brijpal Singh seeking quashing of criminal proceedings, charge sheet, and cognizance...
Allahabad HC Imposes ₹5 Lakh Cost On 'CWC' For Sending Minor Girl Residing With Mother To Children's Home
In a significant order, the Allahabad High Court on Monday imposed a cost of Rs. 5 lakhs on the Nari Niketan/Child Welfare Committee, Kanpur Nagar for its 'shocking' decision to send a 15-year-old girl, who was residing with her mother, to a children's home. The court directed that the amount be handed over to the girl's father and used for the upbringing of the minor girl's child. A bench of Justice Arvind Singh Sangwan and Justice Ram Manohar Narayan Mishra, while deeming the...
Person Convicted Of Moral Turpitude Not Suitable To Head Any Department, Much Less Education Institution: Allahabad High Court
The Allahabad High Court has held that a candidate convicted in a criminal case involving moral turpitude cannot be said to be suitable to head any department, much less an educational institution.“…A candidate who is convicted in a criminal case involving moral turpitude, such a candidate cannot be taken to be suitable candidate to hold the position of head of any institution or department much less an educational institution as he has not only to run the administration but to ensure discipline...
[Industrial Disputes Act] Labour Court Can't Award Interest In Proceedings For Recovery Of Money From Employer U/S 33C(2): Allahabad High Court
The Allahabad High Court has held that while proceeding under Section 33C(2) of the Industrial Disputes Act, 1947, Labour Court does not have the power to grant interest to the employee on delayed payment of amount due by the employer. The Court held that proceeding under Section 33C(2) are execution proceedings.Section 33C (1) provides that where any money is due to an employee from his employer, the employee shall make an application to the appropriate Government for the recovery of the money...
Allahabad High Court Weekly Round-Up: April 15 - April 21, 2024
NOMINAL INDEX Ram Pal Soni And Another v. State Of U.P. Thru. Prin.Secy. Finance And Ors. 2024 LiveLaw (AB) 237 Gurmeher Singh vs. State of U.P. and Another 2024 LiveLaw (AB) 238 Aman @ Vansh vs. State Of Up And 3 Others 2024 LiveLaw (AB) 239 Riyaz Alias Ovaisi vs. State of U.P. 2024 LiveLaw (AB) 240 State of Uttar Pradesh and Others v. Shri Raj Veer Singh 2024...
'Scandalous & Irresponsible Allegations': Allahabad High Court Dismisses Plea Implying Judicial Bias With ₹20K Cost
In a resolute stance against the propagation of irresponsible accusations against the judicial system, the Allahabad High Court recently imposed Rs. 20,000 costs on a litigant who had sought a transfer of his case alleging bias against the presiding Judge. "This kind of a tendency of hurling allegations at Courts without the slightest fear of the outcome, if the allegations fail or are found...
'Nagar Ayukt Not Child Or Ward Sitting In Director's Lap': Allahabad HC Imposes ₹10K Cost For Not Granting Increment To Retired Employee
Recently, the Allahabad High Court has imposed a cost of Rs. 10,000 on the Nagar Ayukt, Nagar Nigam, Meerut for denying an increment to the government employee retiring on the day prior to the accrual of the increment. The Court held that the action of the Nagar Ayukt based on a Government Order was against various judgments of the Allahabad High Court and the judgment of the Supreme Court...
Written Statement Jointly Filed Can't Be Amended At Behest Of One Defendant, Without Consent From Others: Allahabad High Court
The Allahabad High Court has held that a written statement jointly filed by various defendants cannot be amended at the behest of one of defendants without express consent from other defendants who had jointly filed the written statement.The bench of Justice Jayant Banerji held that “where a written statement is jointly filed by a group of defendants, it cannot be amended at the behest of...
Defaulter Can't Initiate Criminal Proceedings Against Creditor/Auction Purchaser Against Auction Held Under SARFAESI Act, Must Go To DRT: Allahabad High Court
While quashing criminal proceedings against officers of M/s Himri Estate Private Limited and Indiabulls Housing Finance Ltd. initiated by Shipra Group, the Allahabad High Court held that defaulter cannot initiate criminal proceedings against creditor/auction purchaser against the auction conducted under the provisions of Securitization and Reconstruction of Financial Assets and Enforcement...
[Stamp Act] S.47-A (3) Not Applicable In Case Of Gift Deed As “Market Value” Not Same As “Value Of Property”: Allahabad High Court
The Allahabad High Court has held that Section 47-A (3) of the Indian Stamp Act cannot be invoked where the property has been transferred by way of gift deed as Section 47-A is applicable to those instruments where stamp duty has been determined based on “market value” and not “value of the property” as is the case in a gift deed.Section 47-A of the Indian Stamp Act provides that if...
[House Tax] Authorities Acted In Undue Haste By Giving Only One Day's Notice For Hearing: Allahabad High Court Quashes Assessment Order
While quashing the enhanced assessment order regarding house tax passed by the authorities, the Allahabad High Court held that the authorities acted in undue haste by giving one day's notice for the hearing, which is not sufficient notice.A notice regarding the enhancement of house tax was issued by the Department on 14.03.2024, fixing 16.03.2024 as the date for the hearing. The notice was...