[Arbitration Act] Court Can't Interfere Under Section 37 When Interpretation Is Plausible One, Section 37 Is Confined To Grounds Under Section 34: Allahabad High Court

The Allahabad High Court division bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar held that the extent of intervention in appellate proceedings according to Section 37 of the Arbitration and Conciliation Act, 1996 is confined to the grounds permissible under Section 34 for contesting the award. It held that the award need not be invalidated unless it is tainted by an...

[Arbitration Act] Requirement To Provide Reasons By Arbitrator U/s 31(3) Hinges On Pleadings And Available Documents On Record: Allahabad High Court

The Allahabad High Court bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar held that the requirement to provide reasons by the arbitrator, in accordance with Section 31(3) of the Act, hinges on the pleadings and available documents on record. It held that if the party neither expressly denied the claim of the other party nor supported its case accurately, then it's evident...

Allahabad High Court Dismisses With Cost PIL To Enforce Demolition Order Citing Suppression Of Pending Litigation Between Private Parties

The Allahabad High Court has imposed cost of Rs. 25000 on a litigant who filed public interest litigation suppressing the fact of pending litigation between him and the private parties.Petitioner filed a public interest litigation seeking compliance of a demolition order passed by the respondent authorities. It was pleaded that the land in question was supposed to be a park where construction...

1984 Attempt To Murder Case | Allahabad High Court Upholds Acquittal Of Accused In Absence Of Trial Court Records

The Allahabad High Court recently upheld the acquittal of the sole living accused in a 1984 attempt to murder case after it received a report from the trial court that the entire papers of the record of the Sessions Trial have been weeded out and only original judgment was available on the record. This incident occurred in 1984, and the sole living accused was acquitted in...

Allahabad HC Imposes 10K Cost For Filing Affidavit Without Deponent's Signature, Directs Removal Of Oath Commissioner For Fraud

The Allahabad High Court has imposed a cost of Rs. 10,000 for filing a supplementary affidavit which did not contain signatures of the deponent. The Court has further directed the removal of the Oath Commissioner who executed the affidavit with the knowledge that the affidavit had not yet been signed by the deponent.Deprecating the practice of Oath commissioners executing affidavits...

Allegations Of Irregularities In Disciplinary Proceedings Must Be Substantiated With Evidence: Allahabad High Court

Recently, while hearing a writ petition pending since 1998, the Allahabad High Court has held that by merely alleging irregularity during a disciplinary procedure, petitioner cannot evade responsibility to show that prejudice has been caused to him. The Court held that the disciplinary proceedings cannot be set aside on mere apprehension or likelihood of causing prejudice to the...

License Fee Can't Be Imposed Retrospectively: Allahabad HC Directs Refund Of Deposit For Authorities' Failure To Impose Penalty For Almost 20 Yrs

Recently, the Allahabad High Court directed the authorities to refund Rs. 26 lakhs once deposited by the petitioner pursuant to an interim by the High Court in another writ petition. The Court held that a license fee cannot be retrospectively charged from the licensee prior to the date of grant of license and any penalty that is sought to be imposed for want of license can only be imposed in...

'Sets A Perilous Precedent': Allahabad HC On Non-Execution Of 100+ NBWs Against Meerut MLA In A Criminal Case

The Allahabad High Court last week denied relief to Meerut MLA Rafiq Ansari in a 1995 case, noting that the Samajwadi Party leader failed to appear in Court despite the issuance of 100+ non-bailable warrants between 1997 and 2015. "...non execution of non-bailable warrant against the sitting MLA and allowing him to participate in assembly session sets a perilous and...

Allahabad HC Grants Bail To Suicide Abetment Accused In Custody For 6+ Years, Directs Trial Conclusion By Aug 31

The Allahabad High Court recently granted bail to a student (accused of abetting suicide) who spent over 6 years in custody without conclusion of trial. The Court also slammed the State Police Sub Inspector for being non-cooperative in the early conclusion of the trial. A bench of Justice Rahul Chaturvedi further directed the trial Judge to conclude the trial by 31st August...

Wake Up To Plight Of Lucknow Residents, Ensure Clean Drinking Water For Them: Allahabad HC Directs Municipal Corporation

In a significant directive addressing the longstanding issue of clean drinking water in certain areas of Lucknow, the Allahabad High Court has asked the Lucknow Municipal Corporation (LMC) to "wake up to the plight" of Lucknow's populace and ensure the availability of clean drinking water for them. The order was passed by a bench of Justice Rajan Roy and Justice Om Prakash Shukla in...

Allahabad High Court Grants Bail To Man Accused Of Strengthening PFI To Establish 'Gazwa-E-Hind' In India

The Allahabad High Court recently granted bail to a UAPA Accused (Muneer Alam) who was arrested in July 2023 on the allegations of actively participating in strengthening the Popular Front of India (PFI) organization to establish 'Gazwa-e-Hind' in India. The Bench of Justice Attau Rahman Masoodi and Justice Saurabh Lavania granted him bail, noting that four co-accused have already...

Allahabad High Court Monthly Tax Digest: April 2024

INDEXM/S United Spirits Limited v. State Of U.P. And 3 Others 2024 LiveLaw (AB) 222The Commissioner, Commercial Tax U.P. v. M/S Godfrey Philips India Limited 2024 LiveLaw (AB) 223 M/S Eco Plus Steels Pvt. Ltd. v. State Of U.P. And 3 Others 2024 LiveLaw (AB) 224Commissioner, Commercial Tax v. S/S Soma Enterprises Ltd 2024 LiveLaw (AB) 225Durga Steel Rolling Mills Thru. Partner Amit Arora...