Allahabad High Court
Allahabad HC Mulls To Initiate Suo Moto PIL Over Non-Execution Of Recovery Certificates Issued By RERA
The Allahabad High Court has called for a personal affidavit of the District Magistrate, Lucknow, for the non-execution of recovery certificates issued by the Real Estate Regulatory Authority (RERA). The Court observed that several cases have been filed and orders passed by the High Court; however, no mechanism for dealing with the execution certificates issued by the RERA has been put in place. The bench of Justice Rajan Roy and Justice Om Prakash Shukla observed that since the matter...
Service As Work Charge Later Regularized Can Be Considered For Qualifying Service For Pension, Not For Computation Of Pension: Allahabad High Court
The Allahabad High Court has held that services rendered by an employee as a daily wager cannot be taken as qualifying service for pension/ calculating pension amount. It has been held that when employee was rendering services as work charge and was later regularized, period served as work charge must be counted for qualifying services for pension. The bench comprising of Justice Mahesh Chandra Tripathi and Justice Anish Kumar Gupta further clarified that “the petitioner's services...
Allahabad High Court Initiates Suo Moto PIL For Protection Of Defence Land Against Encroachment At Ayodhya
The Allahabad High Court has taken suo moto cognizance of the issue regarding the alleged encroachment and unauthorized occupation of defence land in Ayodhya, a city revered for its cultural and religious significance in UP. The court was drawn to the issue when a practising advocate at the Civil Court in Ayodhya filed a Public Interest Litigation (PIL) plea alleging encroachment...
Court Under Section 19 Of MSMED Act, 2006 Empowered To Allow Predeposit In Installments: Allahabad High Court
The Allahabad High Court division bench of Chief Justice Arun Bhansali and Justice Jaspreet Singh held that expression “in the manner directed by such court” in Section 19 of the Micro, Small And Medium Enterprises Development Act, 2006 gives the discretion to the court to allow the predeposit to be made, if felt necessary, in installments also. Section 19 of the...
Allahabad HC Initiates Suo Motu PIL On Open Manholes & Ducts In Lucknow, Takes Note Of 8 Y/O Child's Death
Taking note of a 'Times of India' newspaper report about a tragic incident where an 8-year-old child lost his life after falling into an open manhole in Lucknow, the Allahabad High Court has initiated a suo moto Public Interest Litigation (PIL) to address the issue of open manholes and ducts within the municipal limits of the city. The incident was brought to the note of a bench...
Will Take Decision On COVID Norms Violation Case Against Akhilesh Yadav & Jayant Chaudhary By June 2024: UP Govt To High Court
The Uttar Pradesh government has informed the Allahabad High Court that it will decide whether to continue criminal proceedings (in the COVID Violation case) against ex-UP CM and Samajwadi Party Chief Akhilesh Yadav, Rashtriya Lok Dal Chief Jayant Chaudhary, and Ex-Chhattisgarh CM and Congress leader Bhupesh Baghel by the end of June 2024 once the election Model Code of Conduct (MCC)...
Habeas Corpus Plea For Visitation Rights Ordinarily Not Maintainable Where Husband-Wife Dispute Pending In Family Court: Allahabad HC
The Allahabad High Court recently held that a habeas Corpus writ would not ordinarily be issued to grant visitation rights, particularly when proceedings between the parties are pending before the Family Court. “A writ of habeas corpus, as has been consistently held, though a writ of right is not to be issued as a matter of course, particularly when the writ is sought against...
Industrial Disputes Act | Labour Court Has Ample Power To Examine Correctness Of Finding Of Inquiry Officer In Discharge Or Dismissal Order: Allahabad High Court
The Allahabad High Court single bench of Justice Dinesh Pathak held that the Labour Court has been given ample power under Section 11-A of the Industrial Disputes Act, 1947 to examine the correctness of the finding returned by the Inquiry Officer in passing the discharge or dismissal order. The High Court held that Section 11 of the Industrial Disputes Act denotes the power of the Labour...
Representation Of Peoples Act Complete Code In Itseld, Limitation Act Does Not Apply: Allahabad High Court
The Allahabad High Court has held that an election petition filed under Section 86(1) of the Representation of the People Act, 1951 outside the period of limitation prescribed under Section 81 of the Act is not maintainable.Justice Saumitra Dayal Singh held that the Representation of the People Act, 1951 is a complete and self-contained code which renders the Limitation Act inapplicable per...
[Central Excise Act] Mandatory Pre-Deposit U/S 35F For Filing Appeal Before CESTAT Can't Be Waived In Writ Jurisdiction: Allahabad High Court
The Allahabad High Court has held that mandatory condition of pre-deposit prescribed under Section 35F of the Central Excise Act for filing appeals before the Customs Excise and Service Tax Appellate Tribunal cannot be waived under Article 226 of the Constitution of India.Petitioner approached the High Court against the order passed by the Commissioner, Central Goods and Service Tax,...
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...
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...