Allahabad High Court
Five Additional Judges Of Allahabad High Court Made Permanent
Acting on Supreme Court Collegium's last week recommendation of making five Additional Judges of the High Court of Judicature at Allahabad, permanent Judges, the Centrel Government today notified their appointments.They are:Justice Saurabh Srivastava,Justice Om Prakash Shukla,Justice Mohd. Azhar Husain Idrisi,Justice Jyotsna Sharma, andJustice Surendra Singh-I.It may be noted that on 1 May 2023, the Collegium of the High Court unanimously recommended, inter alia, that the above Additional Judges...
Hathras 'Conspiracy' | 41 Months After Arrest, Allahabad HC Grants Bail To Siddiqui Kappan Co-Accused Masood In UAPA Case
The Allahabad High Court has GRANTED BAIL to Masood Ahmed, a student leader, in connection with the 2020 Hathras 'Conspiracy' case wherein 4 persons including Masood and Siddiqui Kappan, a journalist, have been booked by the UP Police under the stringent Unlawful Activities Prevention Act (UAPA).While passing this order, a bench of Justice Attau Rahman Masoodi and Justice Ajai Kumar Srivastava-I took into account the fact that the Supreme Court has already granted bail to co-accused Kappan...
BREAKING | Allahabad HC Dismisses Jauhar University's Plea Challenging UP Govt's Decision Of Cancelling Land Lease
The Allahabad High Court today DISMISSED the challenge made to the cancellation of the lease of Maulana Mohamad Ali Jauhar University's land in the state's Rampur District. The writ petition of the Univeristy Trust had challenged the Uttar Pradesh government's move to seize the land by voiding the lease deed associated with the University.The state Government cancelled a 3.24-acre land lease to Maulana Mohammed Ali Jauhar Trust, led by former UP minister Azam Khan, citing lease condition...
Allahabad High Court Refuses To Quash Chargesheet Against 3 Men Accused Of Rasing Anti-India Slogans In A Temple
The Allahabad High Court last week refused to quash a summoning order as well as a charge sheet against 3 persons in a case related to their alleged act of raising anti-India slogans in a temple, while a religious preaching was going on there.Denying them the relief, a bench of Justice Subhash Vidyarthi observed that the allegations against them are of hailing another country and raising slogans against our nation, and of abusing and threatening the persons present in religious preaching, which...
Does Dismissal Of Complaint U/S 138 NI Act For Want Of Prosecution Amount To Acquittal U/S 256(1) CrPC?: Allahabad HC Refers Question To Larger Bench
The Allahabad High Court has referred to a larger bench the question as to whether the dismissal of complaint u/s 138 of the Negotiable Instruments Act 1881 for want of prosecution will amount to acquittal u/s 256(1) CrPC, and same can be challenged in appeal u/s 378(4) CrPC or is that order revisable u/s 397 CrPC?A bench of Justice Arun Kumar Singh Deshwal referred the matter to a larger bench while disagreeing with the order of a co-ordinate bench in the case of Vinay Kumar Vs. State of UP...
Less Meritorious General Category Candidates Can't March Ahead Of Higher Merit Reserved Category Candidates In Open Seats: Allahabad HC
The Allahabad High Court has held that the general category is called “open category” because there can be migration from reserved category to general category but not vice versa. Accordingly, it was held that a reserved category candidate scoring higher marks than a general category candidate will be given priority in open category selection process. However, vice versa is not applicable for selection in reserved category, where only candidates of reserved category shall be selected.“…on the...
Consistency Sacrosanct In Taxation Matters, Department Can't Take Different Stand In Identical Situations: Allahabad HC Grants Relief To Samsung
The Allahabad High court has held that the Department must take consistent stands in identical fact situations for different tax periods as consistency is paramount in tax regime.While observing that the facts of the tax periods under dispute were exactly identical to previous tax periods, Justice Shekhar B. Saraf held “While the principle of res judicata does not apply to taxation matters,...
SSB Recruitment | Judicial Review Of Medical Board's Opinion Limited, Doesn't Involve Recognition Of Candidate's Right To Undergo Operation: Allahabad HC
The Allahabad High Court has held that the scope of judicial review in rejection of a candidature based on medical condition found during medical examination is limited. The Court held that unless the medical board or the department has violated any guidelines issued for conduction the examination, interference by Court is not justified.The bench comprising of Justice Ashwani Kumar Mishra and Justice Syed Qamar Hasan Rizvi held,“The limited issue which has to be examined by the medical board is...
CGST | Travelling Beyond SCN Erodes Trust In Integrity & Impartiality Of Adjudicatory Process: Allahabad High Court
The Allahabad High Court has held that Department travelling beyond the scope of the show cause notice undermines the right to fair hearing of an assesee and also erodes the trust in integrity and impartiality of the adjudicatory process.The Court held that Department must clearly outline the allegations against the assesee. Under no circumstances can the Department travel beyond the...
Hindu Minority & Guardianship Act | Adult Head Doesn't Require Court Permission To Sell Minor's Undivided Interest In Joint Family Property: Allahabad HC
The Allahabad High Court has held that on a combined reading of Sections 6, 8 and 12 of the Hindu Minority and Guardianship Act 1956 no permission of the Court is needed by the adult head of Hindu family for disposing of the undivided interest of the minor in joint family property.Section 6 of the Act provides that for a Hindu minor and the minor's property (excluding their undivided interest in joint family property), the father shall be the natural guardian and after him the mother is the...
S75(4) UPGST | 'Or' Is Disjunctive In Nature, Each Option To Be Considered Independently: Allahabad High Court
The Allahabad High Court has held that the use of word 'or' in Section 75(4) of Uttar Pradesh Goods and Service Tax Act, 2017 is disjunctive in nature which means that there are two situations provided in which opportunity of personal hearing must be afforded to an assesee and both situations must be considered independently while applying Section 75(4).Section 75(4) of Uttar Pradesh Goods...
CGST | 'Capital Goods' Are For Long-Term Use, 'Inputs' For Day-To-Day Operations, Not Capitalized In Books Of Accounts: Allahabad HC Clarifies
The Allahabad High Court has clarified that 'capital goods' as defined under Section 2 of the Central Goods and Service Tax Act, 2017 are for long term use whereas 'inputs' are meant for day-to-day business operations and are not capitalized in the books of accounts.“Capital goods are intended for long-term use and are typically subject to capitalization. However, inputs, are goods used in...