Allahabad High Court
Period Of Service In Undivided Uttar Pradesh Liable To Be Counted As Continuity Of Service For Pension: Allahabad High Court
The Allahabad High Court has held that the period of service in Government Polytechnic, Sri Nagar, Garhwal in the undivided State of Uttar Pradesh before its division in 1997 must be counted as continuity in service for the purpose of computation retiral benefits, especially pension.Initially, the petitioner was appointed as 'Auto/Motor Mechanic' at Government Polytechnic, Sri Nagar,...
When Two Interpretations Of Fiscal/Penal Statute Are Possible, One Which Exempts Subject From Penalty Must Be Adopted: Allahabad High Court
The Allahabad High Court has held that where two interpretations of a fiscal or penal statute are possible, the interpretation which exempts the subject from penalty must be adopted rather than the one which imposes penalty.The bench comprising Justice Manoj Kumar Gupta and Justice Kshitij Shailendra held “As regards interpretation of a penal or fiscal statute, it is well settled that if...
Pained To See Temples Approaching Court For Dues From State Govt: Allahabad HC Summons Revenue Board Commissioner, Calls For Action From CM Yogi Adityanath
The Allahabad High Court has directed that the Commissioner/Secretary, Board of Revenue, Uttar Pradesh be present in Court and explain why the annuity of the Thakur Rangji Maharaj Virajman Mandir, Vrindavan and 8 other temples in Vrindavan has been withheld for the last four years.“This Court is pained to note that temples and trusts have to knock the doors of the Court for getting their...
Five Additional Judges Of Allahabad High Court Made Permanent
Acting on Supreme Court Collegium's last week recommendation of making five Additional Judges of the High Court of Judicature at Allahabad, permanent Judges, the Centrel Government today notified their appointments.They are:Justice Saurabh Srivastava,Justice Om Prakash Shukla,Justice Mohd. Azhar Husain Idrisi,Justice Jyotsna Sharma, andJustice Surendra Singh-I.It may be noted that on 1 May...
Hathras 'Conspiracy' | 41 Months After Arrest, Allahabad HC Grants Bail To Siddiqui Kappan Co-Accused Masood In UAPA Case
The Allahabad High Court has GRANTED BAIL to Masood Ahmed, a student leader, in connection with the 2020 Hathras 'Conspiracy' case wherein 4 persons including Masood and Siddiqui Kappan, a journalist, have been booked by the UP Police under the stringent Unlawful Activities Prevention Act (UAPA).While passing this order, a bench of Justice Attau Rahman Masoodi and Justice Ajai Kumar...
BREAKING | Allahabad HC Dismisses Jauhar University's Plea Challenging UP Govt's Decision Of Cancelling Land Lease
The Allahabad High Court today DISMISSED the challenge made to the cancellation of the lease of Maulana Mohamad Ali Jauhar University's land in the state's Rampur District. The writ petition of the Univeristy Trust had challenged the Uttar Pradesh government's move to seize the land by voiding the lease deed associated with the University.The state Government cancelled a 3.24-acre land lease...
Allahabad High Court Refuses To Quash Chargesheet Against 3 Men Accused Of Rasing Anti-India Slogans In A Temple
The Allahabad High Court last week refused to quash a summoning order as well as a charge sheet against 3 persons in a case related to their alleged act of raising anti-India slogans in a temple, while a religious preaching was going on there.Denying them the relief, a bench of Justice Subhash Vidyarthi observed that the allegations against them are of hailing another country and raising...
Does Dismissal Of Complaint U/S 138 NI Act For Want Of Prosecution Amount To Acquittal U/S 256(1) CrPC?: Allahabad HC Refers Question To Larger Bench
The Allahabad High Court has referred to a larger bench the question as to whether the dismissal of complaint u/s 138 of the Negotiable Instruments Act 1881 for want of prosecution will amount to acquittal u/s 256(1) CrPC, and same can be challenged in appeal u/s 378(4) CrPC or is that order revisable u/s 397 CrPC?A bench of Justice Arun Kumar Singh Deshwal referred the matter to a larger...
Less Meritorious General Category Candidates Can't March Ahead Of Higher Merit Reserved Category Candidates In Open Seats: Allahabad HC
The Allahabad High Court has held that the general category is called “open category” because there can be migration from reserved category to general category but not vice versa. Accordingly, it was held that a reserved category candidate scoring higher marks than a general category candidate will be given priority in open category selection process. However, vice versa is not applicable...
Consistency Sacrosanct In Taxation Matters, Department Can't Take Different Stand In Identical Situations: Allahabad HC Grants Relief To Samsung
The Allahabad High court has held that the Department must take consistent stands in identical fact situations for different tax periods as consistency is paramount in tax regime.While observing that the facts of the tax periods under dispute were exactly identical to previous tax periods, Justice Shekhar B. Saraf held “While the principle of res judicata does not apply to taxation matters,...
SSB Recruitment | Judicial Review Of Medical Board's Opinion Limited, Doesn't Involve Recognition Of Candidate's Right To Undergo Operation: Allahabad HC
The Allahabad High Court has held that the scope of judicial review in rejection of a candidature based on medical condition found during medical examination is limited. The Court held that unless the medical board or the department has violated any guidelines issued for conduction the examination, interference by Court is not justified.The bench comprising of Justice Ashwani Kumar Mishra...
CGST | Travelling Beyond SCN Erodes Trust In Integrity & Impartiality Of Adjudicatory Process: Allahabad High Court
The Allahabad High Court has held that Department travelling beyond the scope of the show cause notice undermines the right to fair hearing of an assesee and also erodes the trust in integrity and impartiality of the adjudicatory process.The Court held that Department must clearly outline the allegations against the assesee. Under no circumstances can the Department travel beyond the...