Allahabad High Court Appoints Team Of Five Lawyers To Visit Lucknow Jail To Study Skills, Capabilities Of Convicts

The Allahabad High Court has formed a team of five lawyers to study the skills and capabilities possessed by the convicts. The team must come with suggestions regarding reformative mechanism for the convicts.On the earlier occasion, the bench comprising Justice Attau Rahman Masoodi and Justice Brij Raj Singh had asked the Uttar Pradesh Government to study the concept of open jails, which are...

Hindu Leader Kamlesh Tiwari Murder | 'Case Of Extreme Communal Hatred': Allahabad HC Denies Bail To Alleged Conspirator

The Allahabad High Court has DENIED BAIL to a man accused of conspiring to kill Hindu Samaj Party leader Kamlesh Tiwari over his alleged remark made against Prophet Muhammad. Observing that it is a case of "extreme communal hatred" wherein the deceased (Tiwari) was eliminated by way of a "brutal daylight murder", a bench of Justice Saurabh Shyam Shamshery denied bail to alleged conspirator...

Allahabad High Court Quarterly Digest: January To March 2024 [Citations 1 - 200]

[NOMINAL INDEX PROVIDED AT THE BOTTOM] ORDERS/JUDGMENTS OF THE QUARTER UP Victim Compensation Scheme 2014 | Eligibility/ Quantum Of Compensation For Rape Victims To Be Decided By DLSA, Not Court: Allahabad HC Case Title: Ramesh Alias Mehandi Hasan vs. State Of U.P. And 3 Others [MATTERS UNDER ARTICLE 227 No. - 5804 of 2023] Case Citation: 2024 LiveLaw (AB) 1 The Allahabad...

S.16 UPVAT Act | Invoices, RTGS Details Not Sufficient For Deciding ITC Claim, Transportation Details Must Be Produced: Allahabad High Court

Placing reliance on the judgment of the Supreme Court in State of Karnataka vs. M/s Ecom Gill Coffee Trading Private Limited, the Allahabad High Court has held that input tax credit cannot be granted based solely on invoices and RTGS payment details.While dealing with Section 70 of the Karnataka Value Added Tax Act, 2003 the Supreme Court in M/s Ecom Gill Coffee Trading Private Limited held...

Confiscation & Penalty Order Must Be Quashed If Quantification Of Stock Based On Eye Estimate: Allahabad High Court

The Allahabad High Court has held that once the Appellate Authority has recorded a specific finding that quantification of stock was based on eye estimate and not in accordance with law, the confiscation order as well as the penalty order are liable to be set aside.“When the Appellate Authority had come to the finding that the officers in the survey did not carry out the quantification of...

S.58 UPVAT | In Revisional Jurisdiction, HC Must Uphold Sanctity Of Judgments/Orders, Must Intervene Only When There Are Compelling Reasons: Allahabad HC

While elaborating the difference between 'appeal' and 'revision', the Allahabad High Court has held that in exercise of its revisional jurisdiction, the High court must uphold the sanctity of judgments and orders and intervene only when there are compelling reasons to do so.“High Courts, in their capacity as revisional bodies, are entrusted with the solemn duty of upholding the sanctity of...

Entry Tax | Indian Made Foreign Liquor Not Taxable Under UP Entry Of Goods Into Local Area Act 2007: Allahabad High Court

The Allahabad High Court has recently quashed assessment order taxing Indian Made Foreign Liquor under the UP Entry of goods into Local Area Act 2007 on grounds that it is not provided in the schedule to the Act.Provisional assessment order against the petitioner was passed on 19.04.2006 under Section 4-A (Realization Of Tax Through Manufacturer) of the Uttar Pradesh Entry of Goods into...

Allahabad High Court Weekly Round-Up: April 01 To April 07, 2024

NOMINAL INDEX Dr Brajendra Singh Chauhan And 2 Others v. Central Administrative Tribunal And 2 Others 2024 LiveLaw (AB) 201 Rajendra Singh v. The State Of U P And 5 Others 2024 LiveLaw (AB) 202 Rana Pratap Singh vs. Neetu Singh And 2 Others 2024 LiveLaw (AB) 203 Raeesa Bano vs. Smt. Tabassum Jahan And Ors 2024 LiveLaw (AB) 204 Poornima Singh vs. State Of U.P. And 4...

Allahabad High Court Quarterly Tax Digest: January to March 2024

INDEX M/S Mgs Palace v. State Of U.P. And 4 Others 2024 LiveLaw (AB) 4 M/S. Hindustan Herbal Cosmetics vs. State Of U.P. And 2 Others 2024 LiveLaw (AB) 9 M/S Eastern Machine Bricks And Tiles Industries vs. State Of U.P. And Others 2024 LiveLaw (AB) 14 Akbar Ali Transport Services vs. State of U.P. and Another 2024 LiveLaw (AB) 25 M/S Roli Enterprises vs. State Of U.P. And...

'25% Of Monthly Pension As Maintenance To Wife Not Excessive': Allahabad HC Dismisses Husband's Revision Plea

While treating the pension as the monthly income of the husband, the Allahabad High Court has held that awarding 25% of the monthly income of the husband as maintenance is not excessive. The Court relied on Kulbhushan Kumar Vs. Raj Kumari where the Supreme Court held that “25% of the husband's net salary would be just and proper to be awarded as maintenance allowance to the...

UP Urban Planning & Development | Allowing Illegal Construction By Compounding Is Disturbing; Deviation From Building Bye-Laws Must Stop: Allahabad HC

The Allahabad High Court has expressed displeasure at the practice of development authority allowing illegal constructions to be raised beyond the sanctioned plan and legalizing the same by way of compounding. The Court held that such practice of allowing illegal construction by relaxing and deviating from the building bye-laws must stop.The bench comprising of Justice Ashwani Kumar Mishra...

Repeatedly Raising Same Issue Amounts To Manipulation & Misleading Of Court: Allahabad High Court Imposes 50K Costs For Filing Motivated PIL

The Allahabad High Court has imposed cost of Rs. 50,000/- on the Bhartiya Kisan Union Pathik for filing public interest litigation on the issues already decided by the High Court.The bench comprising of Chief Justice Arun Bhansali and Justice Vikas Budhwar held “The repeated attempt on part of the petitioner to raise the issue which already stood concluded by filing petitions in one form or...