Allahabad High Court
Whether Claims Prior To Work Order Are Covered By The Arbitration Clause Or Not Is To Be Decided By The Arbitrator: Allahabad High Court
The High Court of Allahabad has held that the issue whether claims between the parties prior to the work order is question are covered by the arbitration clause or not is to be decided by the arbitrator and not by the Court at pre-arbitration stage under Section 11 of the A&C Act. The Bench of Justice Rajnish Kumar also reiterated that after the judgment in Perkins...
Intra-Court Appeal Not Maintainable Against Order Issuing Notices In Contempt Jurisdiction: Allahabad High Court
The Allahabad High Court has held that intra-court appeal is not maintainable against an order issuing notices to parties passed by a Single Judge sitting in contempt jurisdiction.In the contempt petition, Single Judge issued notices and directed district administration shall not stop construction of those persons, who are not the party in the First Appeal From Order No.334 of 2022....
Working Journalists Act: What Allahabad High Court Held On Operation Of Industrial Disputes Act, Delegation Of Power By State Govt
The Allahabad High Court has held that 1955 Act is a special act governing the conditions of work for newspaper employees including working journalists and non-working journalists and will have overriding effect over the Industrial Disputes Act, 1947.“The Act of 1947 only supplements the cause of working journalists, but in no way it restricts in reaping the benefits provided under the...
1974 Harness Rules | Allahabad High Court Asks Authority To Reconsider Married Daughter's Compassionate Employment Claim
Recently, the Allahabad High Court has held that the definition of 'family' under Rule 2(c) and Rule 5 of U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 does not require the person seeking compassionate appointment to be dependent on the deceased employee.While directing the authorities to reconsider the application for compassionate appointment moved by...
Stamp Act | Interest Must Be Paid On Excess Duty Illegally Detained By Government: Allahabad High Court
The Allahabad High Court has held that where revenue has illegally detained excess stamp duty collected by the authorities under the Indian Stamp Act, 1899, interest must be paid by the Government even if there is no provision providing for such interest.In September 2013, an order of refund of Rs.5,35,454/- was passed in favor of the petitioner. However, the amount was refunded in December...
Arbitration Act | Section 6 Commercial Courts Act Is Enabling Provision, Doesn't Override Arbitration Agreement: Allahabad High Court Dismisses Appeal
The Allahabad High Court division bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar held that Section 6 of Commercial Courts Act, 2015 is an enabling provision and does not override agreements made between parties regarding jurisdiction. It held that even if a Commercial Court has jurisdiction as per Section 6, this jurisdiction can be excluded by an arbitration...
Termination Of Contractual Employee Governed By Contract, Cannot Be Adjudicated Under Article 226: Allahabad High Court
The Allahabad High Court has held that a termination of a contractual employee by the employer in terms of the conditions of the contract or their violation cannot be adjudicated upon by the High Court under Article 226 of the Constitution of India as there cannot be a violation of Article 14 or Article 16 where the terms of the contract are per se not arbitrary.The Court held that...
No Show Cause Notice/Departmental Proceeding Can Be Initiated Against Retired Employee In Absence Of Rules/Regulations: Allahabad HC
The Allahabad High Court has held that in absence of any rule or regulation in Uttar Pradesh Cooperative Society Employees Service Regulation, 1975 and Uttar Pradesh Rajya Sahkari Bhumi Vikas Bank Employees Service Rules, 1976, neither a show cause notice can be issued nor departmental proceedings can be initiated against an employee after his retirement.While quashing the proceedings against...
Everyone Is Free To Change Religion In India But It Has To Be Done Legally: Allahabad High Court
In a recent observation, the Allahabad High Court has said that people in India are free to choose and change their religion, however, such changes must adhere to legal procedures. A bench of Justice Prashant Kumar emphasised that credible proof of a desire to convert one's religion is required, followed by clear overt actions to carry out such a desire. Importantly, the Court...
Office Shirking From Its Duties Saying 200 Case Files Not Traceable: Allahabad High Court Demands Explanation From Section Officer
The Allahabad High Court has called for explanation from Section Officer for sending report that about 200 case files of a bunch case were said to be not traceable.A bunch of writ petitions have been filed before the Allahabad High Court challenging the quantum as well as levy of additional compensation demanded from the lessees who have leased land from Greater Noida Industrial...
UPVAT | Intention To Evade Tax Essential For Imposition Of Penalty U/S 54(1)(2): Allahabad High Court
The Allahabad High Court has held that intention to evade tax is essential condition for imposing penalty under Section 54(1)(2) of the Uttar Pradesh Value Added Tax Act, 2008.Section 54(1) of the Uttar Pradesh Value Added Tax Act, 2008 provides for circumstances under which penalties can be imposed on an assesee. It is provided that where an assessing authority is satisfied that an assesee...
POCSO Act Cases Can't Be Quashed On Ground Of Victim Entering Into A Compromise With Accused: Allahabad High Court
The Allahabad High Court has recently observed that under the POSCO Act 2012, regarded as a "Special Statute", offences cannot be dismissed solely on the basis of a compromise between the accused and the prosecutrix-victim."Once the consent of the minor prosecutrix is immaterial for registration of offence, then such consent shall still remain immaterial for all practical purposes at all...