[Industrial Disputes Act] Labour Court Can't Award Interest In Proceedings For Recovery Of Money From Employer U/S 33C(2): Allahabad High Court

The Allahabad High Court has held that while proceeding under Section 33C(2) of the Industrial Disputes Act, 1947, Labour Court does not have the power to grant interest to the employee on delayed payment of amount due by the employer. The Court held that proceeding under Section 33C(2) are execution proceedings.Section 33C (1) provides that where any money is due to an employee from...

Allahabad High Court Weekly Round-Up: April 15 - April 21, 2024

NOMINAL INDEX Ram Pal Soni And Another v. State Of U.P. Thru. Prin.Secy. Finance And Ors. 2024 LiveLaw (AB) 237 Gurmeher Singh vs. State of U.P. and Another 2024 LiveLaw (AB) 238 Aman @ Vansh vs. State Of Up And 3 Others 2024 LiveLaw (AB) 239 Riyaz Alias Ovaisi vs. State of U.P. 2024 LiveLaw (AB) 240 State of Uttar Pradesh and Others v. Shri Raj Veer Singh 2024...

'Scandalous & Irresponsible Allegations': Allahabad High Court Dismisses Plea Implying Judicial Bias With ₹20K Cost

In a resolute stance against the propagation of irresponsible accusations against the judicial system, the Allahabad High Court recently imposed Rs. 20,000 costs on a litigant who had sought a transfer of his case alleging bias against the presiding Judge. "This kind of a tendency of hurling allegations at Courts without the slightest fear of the outcome, if the allegations fail or are found...

'Nagar Ayukt Not Child Or Ward Sitting In Director's Lap': Allahabad HC Imposes ₹10K Cost For Not Granting Increment To Retired Employee

Recently, the Allahabad High Court has imposed a cost of Rs. 10,000 on the Nagar Ayukt, Nagar Nigam, Meerut for denying an increment to the government employee retiring on the day prior to the accrual of the increment. The Court held that the action of the Nagar Ayukt based on a Government Order was against various judgments of the Allahabad High Court and the judgment of the Supreme Court...

Written Statement Jointly Filed Can't Be Amended At Behest Of One Defendant, Without Consent From Others: Allahabad High Court

The Allahabad High Court has held that a written statement jointly filed by various defendants cannot be amended at the behest of one of defendants without express consent from other defendants who had jointly filed the written statement.The bench of Justice Jayant Banerji held that “where a written statement is jointly filed by a group of defendants, it cannot be amended at the behest of...

Defaulter Can't Initiate Criminal Proceedings Against Creditor/Auction Purchaser Against Auction Held Under SARFAESI Act, Must Go To DRT: Allahabad High Court

While quashing criminal proceedings against officers of M/s Himri Estate Private Limited and Indiabulls Housing Finance Ltd. initiated by Shipra Group, the Allahabad High Court held that defaulter cannot initiate criminal proceedings against creditor/auction purchaser against the auction conducted under the provisions of Securitization and Reconstruction of Financial Assets and Enforcement...

[Stamp Act] S.47-A (3) Not Applicable In Case Of Gift Deed As “Market Value” Not Same As “Value Of Property”: Allahabad High Court

The Allahabad High Court has held that Section 47-A (3) of the Indian Stamp Act cannot be invoked where the property has been transferred by way of gift deed as Section 47-A is applicable to those instruments where stamp duty has been determined based on “market value” and not “value of the property” as is the case in a gift deed.Section 47-A of the Indian Stamp Act provides that if...

[House Tax] Authorities Acted In Undue Haste By Giving Only One Day's Notice For Hearing: Allahabad High Court Quashes Assessment Order

While quashing the enhanced assessment order regarding house tax passed by the authorities, the Allahabad High Court held that the authorities acted in undue haste by giving one day's notice for the hearing, which is not sufficient notice.A notice regarding the enhancement of house tax was issued by the Department on 14.03.2024, fixing 16.03.2024 as the date for the hearing. The notice was...

'Deliberate Act Of Religious Vilification': Allahabad HC Denies Relief To Man Accused Of Making Derogatory Remarks On Lord Shiva

The Allahabad High Court today refused to quash a criminal case against one Owais Khan accused of making derogatory remarks about Lord Shiva on social media, citing it as a "deliberate act of religious vilification". "It is incumbent upon the judiciary to send a clear message that such conduct will not be tolerated and will be met with appropriate legal consequences," stated a bench of...

[Income Tax Act] Supreme Court Decision In UOI v. Ashish Agarwal Applicable To Parties Who Challenged Notice U/S 148: Allahabad High Court

The Allahabad High Court has held that Supreme Court in Union of India v. Ashish Agarwal had not issued a general mandamus quashing all notices issued under Section 148 of the Income Tax Act, 1961. The Court observed that the order of Supreme Court was limited to those notices which had been challenged before the Apex Court and various High Courts in India.In Union of India v. Ashish Agarwal,...

S.132B(1)(i) Income Tax Act | Power Of Assessing Authority To Decide Application For Release Of Seized Assets Not Automatically Abated After 120 Days: Allahabad HC

The Allahabad High Court has held that the jurisdiction of the Assessing Authority to decide the application for release of seized assets under Section 132B (1)(i) does not abate after a period of 120 days from the date on which the last of the authorizations for search under section 132 or for requisition under section 132-A was executed.The Court held that the word “shall” in 2nd proviso...

Allahabad High Court Directs UP Govt To Pay ₹25K Compensation To Man Illegally Detained By 'SDM' For 3 Days

Last week, the Allahabad High Court directed the state government to pay Rs. 25,000 compensation to a man illegally detained for three days due to an 'arbitrary' act of the Sub-Divisional Magistrate posted in Jaunpur District. A bench of Justice Siddharth and Justice Surendra Singh-I also directed the payment of litigation costs of Rs. 10,000/—to the man/petitioner in view of the...