[Taxation] Passing Order Without Providing Opportunity Of Hearing, Providing Documents Violates Natural Justice: Allahabad HC Reiterates

While deciding a case relating to Input Tax Credit, the Allahabad High Court has held that a quasi-judicial body must provide an opportunity of hearing to a person before imposing liability on them. The Division Bench comprising Justice Shekhar B. Saraf and Justice Vipin Chandra Dixit held that as per the doctrine of audi alteram partem (let the other side be heard as well), such...

Adverse Possession Cannot Be Claimed When Land Is Acquired Through Agreement Of Sale: Allahabad High Court

While deciding a case under the U.P. Abolition of Zamindari and Land Reforms Act, 1950, the Allahabad High Court has held that where possession of land was acquired by an agreement of sale, adverse possession cannot not be availed to claim ownership of the property.Justice Saurabh Shyam Shamshery relied on the judgment of the Supreme Court in Achal Reddy v. Ramakrishna Reddiar and Ors., where...

Allahabad HC Calls Out State's "Apathy" For Causing 14 Yrs Delay In Disbursing Retiral Dues To Family Of Deceased, Orders 8% Interest

While deciding a case related to retiral dues of a deceased government employee, the Allahabad High Court has held that no cause had been given by the state for an inordinate delay from 2005 in making the payment and that this was actually caused by the “apathy” of the respondents.The Court held that the state is liable to pay an interest of 8% per annum on such dues which had not...

Sambhal Violence: Fresh PIL In High Court Seeks Independent Probe Into 'Police Atrocities', Claims Most Victims, Those Arrested Are Muslims

Questioning the Uttar Pradesh Police's alleged action of opening fire against the public in Sambhal, the Association of Protection of Civil Rights (APCR) has moved the Allahabad High Court seeking an independent probe into the alleged incidents of police atrocity. Violence erupted in Sambhal district on November 24 after a team led by an advocate commissioner surveyed the Mughal-era...

Sambhal Violence | Another PIL In Allahabad HC Seeking FIR Against Concerned District Magistrate, Superintendent Of Police

Another PIL plea has been moved before the Allahabad High Court seeking an FIR against the Sambhal District Magistrate, Superintendent of Police, concerned SHO, and other responsible officers. The Plea also seeks a direction to the UP government to arrest these officials.The PIL petition, filed by the Hazrat Khawaja Garib Nawaz Welfare Association through Advocates Saher Naqvi and Mohd....

SC/ST Act Offences | Plea U/S 482 CrPC Maintainable When Entire Case Proceedings Are Challenged: Allahabad HC Answers Reference

The Allahabad High Court has observed that when a challenge lies to the entire proceeding of a case registered under the SC/ST Act, the High Court could entertain the case under its inherent jurisdiction under Section 482 CrPC to secure the end of justice.The Court held that there could be no hard and fast rule regarding the interference of the High Court under its inherent jurisdiction,...

PIL In Allahabad HC Seeks CBI Probe Into Sambhal Violence, SIT To Investigate Alleged Involvement Of UP Govt, Its Officials

A Public Interest Litigation (PIL) plea has been filed in the Allahabad High Court seeking a Special Investigation Team (SIT) probe under the chairmanship of a retired HC judge into the alleged involvement of the Uttar Pradesh government, its administrative officials, including the District Magistrate (DM) and Superintendent of Police (SP), in the violence that erupted in...

[S.73(10) UPGST] Time Extension Notification Dated 24.04.2023 Valid Only From 31.03.2023, Not Before: Allahabad High Court

The Allahabad High Court has held the time extension notification dated 24.04.2023 extending time period for passing orders under Section 73(9) and 73(10) of the Uttar Pradesh Goods and Service Tax Act, 2017 will apply only from 31.03.2023 and not before that. Section 73 empowers the proper officer to pass orders imposing penalty or interest where any tax has not been paid or short...

Allahabad HC Directs ECI To Preserve Documents, CCTV Footage Of 2024 Aligarh Lok Sabha Polls On SP Candidate's Plea

The Allahabad High Court on Tuesday directed that all documents and CCTV footage relating to the 2024 elections in UP's Aligarh Lok Sabha constituency be preserved till the disposal of an election petition filed by Samajwadi Party candidate Chaudhary Bijendra Singh. “…we make it clear that all the documents in relation to the election including the videography / CCTV footage, Form...

Adversarial Litigation In Service Matters At Instance Of A Stranger/ Busy Body Not Permitted: Allahabad HC Imposes ₹20K Cost

The Allahabad High Court recently observed that as per the law laid down by the Constitutional Courts, there is no permission for the initiation of adversarial litigation in service matters at the instance of a stranger or a busybody. A bench of Justice Ajay Bhanot observed thus while imposing a cost of Rs. 20,000/- on a petitioner to discourage his conduct of filing a writ...

BHU Student Death Case: Allahabad High Court Seeks Status Of Chargesheet Against 2 UP Police Constables

The Allahabad High Court has asked the Uttar Pradesh government to clarify whether a chargesheet has been filed against the two police constables and one home guard who were allegedly found involved in the death case of a 24-year-old student from the Banaras Hindu University (BHU). A bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar granted the State Counsel until December...

Allahabad HC Allows Impleadment Of Mathura's Idgah Mosque As Defendant In Suit Claiming Aurangzeb Engraved Hindu Idols On Masjid Staircases

The Allahabad High Court last week allowed an application filed by Shahi Masjid Idgah, Mathura, seeking the impleadment in a suit filed by Thakur Keshav Dev Ji, Maharaj Virajman Mandir Katra Keshavdev (suit no. 3 in the Krishna Janmabhoomi-Shahi Eidgah Dispute). In this suit, the plaintiffs claim that Mughal Emperor Aurangzeb demolished the Katra Keshdev Temple temple in 1670,...