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...

Hindu Minority & Guardianship Act | Adult Head Doesn't Require Court Permission To Sell Minor's Undivided Interest In Joint Family Property: Allahabad HC

The Allahabad High Court has held that on a combined reading of Sections 6, 8 and 12 of the Hindu Minority and Guardianship Act 1956 no permission of the Court is needed by the adult head of Hindu family for disposing of the undivided interest of the minor in joint family property.Section 6 of the Act provides that for a Hindu minor and the minor's property (excluding their undivided interest...

S75(4) UPGST | 'Or' Is Disjunctive In Nature, Each Option To Be Considered Independently: Allahabad High Court

The Allahabad High Court has held that the use of word 'or' in Section 75(4) of Uttar Pradesh Goods and Service Tax Act, 2017 is disjunctive in nature which means that there are two situations provided in which opportunity of personal hearing must be afforded to an assesee and both situations must be considered independently while applying Section 75(4).Section 75(4) of Uttar Pradesh Goods...

CGST | 'Capital Goods' Are For Long-Term Use, 'Inputs' For Day-To-Day Operations, Not Capitalized In Books Of Accounts: Allahabad HC Clarifies

The Allahabad High Court has clarified that 'capital goods' as defined under Section 2 of the Central Goods and Service Tax Act, 2017 are for long term use whereas 'inputs' are meant for day-to-day business operations and are not capitalized in the books of accounts.“Capital goods are intended for long-term use and are typically subject to capitalization. However, inputs, are goods used in...

[UP Fighters Of Democracy Honor Act 2016] Mere Allegations Of Bad Character Don't Disentitle Person From Claiming Benefits: Allahabad High Court

The Allahabad High Court has held that mere allegations of having 'bad character' do not disentitle a person from claiming benefits under the Uttar Pradesh Fighters of Democracy Honor Act 2016.“Fighters of Democracy” are defined under Section 2(a) of the Uttar Pradesh Fighters of Democracy Honor Act 2016 as the residents of the State of Uttar Pradesh who actively fought during the...

Marriage Between Hindus Cannot Be Dissolved By Compromise In Proceedings U/S 125 CrPC: Allahabad High Court

The Allahabad High Court has held that a legal marriage between two Hindus cannot be dissolved by way of a compromise entered into at the time of proceedings for maintenance under Section 125 of CrPC. The Court held that any such marriage can only be dissolved by a decree passed a competent Court under the Hindu Marriage Act, 1955.The bench comprising of Justice Ashwani Kumar Mishra and...

Allahabad High Court Quashes Defamation Case Filed Against BJP MP Brij Bhushan Sharan Singh By A Journalist

The Allahabad High Court has QUASHED a criminal defamation complaint case filed against Bharatiya Janata Party MP Brij Bhushan Sharan Singh. The complaint, filed by a Lucknow-based freelance Journalist (Mohd Kamran), alleged that MP Singh wrote letters to State Chief Minister Yogi Adityanath defaming him.A bench of Justice Mohd. Faiz Alam Khan observed that the letters in question appeared to...