Relief Hit By S. 438(1)(ii) CrPC: Allahabad HC Cancels Advocate's Anticipatory Bail In Extortion Case For Concealing Criminal Antecedents

The Allahabad High Court recently cancelled anticipatory bail granted to an advocate in an extortion case, noting that he had not mentioned the factum of previous criminal antecedents before the trial court, which granted him the relief. A bench of Justice Krishan Pahal emphasized that one of the crucial factors in granting anticipatory bail is the criminal antecedents of the...

Allahabad High Court Directs State GST Dept To Not Initiate Action For Assessment Years In Which Central GST Had Already Acted

The Allahabad High Court has directed the State Goods and Service Tax Authorities to not take action for any assessment year in which the Central Goods and Service Tax Authorities have already taken action. Petitioner approached the High Court under Article 226 of the Constitution of India against the actions taken by the State and Central GST Authorities for the same assessment...

Appeals U/S 260A Of Income Tax Act Not Sustainable In Absence Of Perversity In Tribunal's Fact Finding: Allahabad High Court

While entertaining an Income Tax Appeal, the Allahabad High Court has held that an appeal under Section 260A of the Income Tax Act, 1961 cannot be sustained without establishing a perversity with the fact finding of the Tribunal. “In the instant appeal the department has only challenged the fact finding off the Tribunal. A catena of Supreme Court judgments have concluded that...

Once HC Directs To Avail Alternate Remedy, Appeal U/S 107 GST Cannot Be Dismissed As Not Maintainable: Allahabad High Court

The Allahabad High Court has held that once the High Court has directed the assesee to approach the appellate authority under Section 107 of the Central Goods and Service Tax Act, 2017, the appeal cannot be dismissed as not maintainable. Counsel for petitioner argued that notice and demand under Section 79 of the CGST Act were issued to the petitioner, pursuant to which it approached...

Passing Reinstatement Order Pursuant To Quashing Of Earlier Suspension Not Necessary For Suspending An Employee Again: Allahabad High Court

While hearing a principal's plea–whose earlier suspension was quashed in a writ petition, and who was subsequently suspended again, the Lucknow bench of the Allahabad High Court said that non-passing of a formal order of reinstatement after quashing of suspension order does not disentitle the employer from placing the employee under suspension again.The Court held that suspension does...

[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...