[Commercial Courts Act] Disputes Related To Immovable Property Used Exclusively For Trade Are 'Commercial Disputes: Allahabad High Court

The Allahabad High Court, while considering the case of a hotel, has held that a dispute related to an immovable property that is used exclusively for the purpose of trade or commerce would fall under the ambit of a 'Commercial Dispute' under Section 2(1)(c)(vii) of the Commercial Courts Act, 2015.“Agreements relating to immovable property used exclusively in trade or commerce fall under...

Allahabad High Court Permits VC, Executive Council Members Of KGMC To Move Discharge Applications Before Contempt Court

Recently, while dealing with a special appeal against issuance of notices by the contempt Court, the Allahabad High Court permitted the Vice-Chancellor and Members of the Executive Council of King George's Medical University, Lucknow to move for discharge of notices before the Contempt Court since the contempt proceedings are still pending.Rule 5 of Chapter- XXXV-E of the Allahabad High...

Krishna Janmabhumi Dispute | Allahabad HC Reserves Verdict On Masjid Committee's Plea Challenging Maintainability Of 18 Suits

The Allahabad High Court on Thursday concluded the hearing and reserved its verdict on an application filed by Shahi Idgah Masjid (under Order 7 Rule 11 CPC) challenging the maintainability of 18 suits filed by the deity and the Hindu parties concerning Mathura's Sri Krishna Janmabhoomi-Shahi Idgah Masjid dispute.Though the Court reserved its verdict in the matter in the open court after...

Amid Discrepancy Claim, Allahabad HC Asks UPPSC To Produce PCS-J Candidate's Answer Sheets To Compare His Handwriting

The Allahabad High Court has directed the Uttar Pradesh Public Service Commission (UPPSC) to furnish answer sheets for 6 exams taken by a Judicial Service Civil Judge (Junior Division) (Mains) Examination candidate so that his handwriting can be compared. A bench of Justice Siddhartha Varma and Justice Manish Kumar Nigam passed this order while dealing with the candidate's...

Man Self Immolates After His Land 'Unauthorizedly' Occupied By Cops, Dies: Allahabad HC Mulls Constitution Of SIT

Dealing with a writ petition concerning the tragic death of a man who set himself on fire after his land was 'unauthorizedly' occupied by police persons in connivance with the revenue officials, the Allahabad High Court has asked the UP Government for names of senior police officers for constitution of a Special Investigation Team (SIT).Expressing its dissatisfaction with how the local police...

[Central Excise Act] Fixing Consecutive Dates of Hearing on Very Short Notice Violative of Opportunity of Hearing U/S 33A: Allahabad High Court

The Allahabad High Court has held that fixing consecutive dates of hearing within the period of a week would be violative of the opportunity of hearing as envisaged under Section 33A of the Central Excise Act, 1994.Section 33A of the Central Excise Act provides that opportunity of hearing be given to a party in a proceeding under the Act, if desired by them. Further, it lays down the...

[Matrimonial Dispute] Allahabad HC Orders Forensic Examination Of CDs Filed By Husband Alleging Wife's Involvement In Pornography

The Allahabad High Court recently directed a forensic examination of CDs/DVDs submitted by the husband, which allegedly contain sexual videos implicating his wife. The husband seeks to present this evidence supporting his suit for divorce filed under Section 13 of the Hindu Marriage Act, 1955, and a case under Section 25 of the Guardians and Wards Act, 1890, for the custody of his two...

'Dekhte Hi Goli Maar Di Jayegi' & 'Trespassers Will Be Shot' Signboards Outside Defence Stations Not Proper: Allahabad HC

The Allahabad High Court recently observed that putting messages like 'dekhte hi goli maar di jayegi' and 'trespassers will be shot' on signboards erected outside installations/stations is not proper and that the Central Government should use “light words” instead to convey such strict warnings. A bench of Justice Shekhar Kumar Yadav said that while it is true that trespassers...

Admission Made In Written Statement Cannot Be Withdrawn By Way Of Amendment Application Made Under Order VI Rule 17 CPC: Allahabad High Court Reiterates

The Allahabad High Court has reiterated that admissions made in written statements cannot be withdrawn by an amendment even in the case of a typographical error or a change in arguing counsel.Opposite party filed a case in the small causes court in which the revisionists had filed a written statement on 05.02.2014. Thereafter, it was found that due to a typographical error, the documents...

Allahabad High Court Dismisses Writ Petition Against Facilitation Council Award For Lack Of Mandatory Pre-Deposit U/S 19 MSME Act

The Allahabad High Court has dismissed a writ petition challenging the award passed by the Zonal Micro and Small Enterprises, Facilitation Council (MSEFC), Meerut Zone, Meerut under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 as the petitioners, Tamil Nadu Generation And Distribution Corporation Limited and others, had refused to make the mandatory...

[UP Minor Minerals Act] Forfeiture Of Deposit Not Authorised Once Letter Of Intent Is Cancelled: Allahabad High Court

While examining the Uttar Pradesh Minor Minerals (Concession) Act, the Allahabad High Court has held that once a Letter of Intent has been issued for a mining lease and a security deposit been made, the relevant authority does not possess the power to forfeit such deposit made by the lessee, upon cancellation of the Letter of Intent.“Upon a consideration of the submissions made and upon...

S.13 Hindu Marriage Act | Once Finding Of Cruelty Recorded, Divorce To Be Granted Irrespective Of Proof Of Desertion: Allahabad High Court

The Allahabad High Court has held that once the finding regarding cruelty has been recorded by the Family Court, marriage between the parties ought to be dissolved. The Court held that only because desertion is not proved, the marriage cannot be restituted.The Court held that the grounds of divorce provided in Section 13(1) of the Hindu Marriage Act are mutually exclusive and if any one of...