Allahabad High Court
Before Issuing Proclamation U/S 82, 83 CrPC Court Should Record Its Satisfaction That Person Is Deliberately Avoiding Proceedings: Allahabad HC
The Allahabad High Court has observed that before issuing a 'proclamation' under Sections 82/83 of CrPC, the Court concerned must record its satisfaction that despite the service of notice, summon, bailable warrant and non-bailable warrant, the person concerned has deliberately avoided the proceedings.Emphasizing that if any order issuing a 'proclamation' under Sections 82/83 CrPC lacks...
'Supporting Such Relations Will Create Chaos In Society': Allahabad HC Junks Protection Plea Of Live-In Couple Involving Married Adults
The Allahabad High Court recently rejected a protection plea filed by a couple cohabiting with each other without divorcing their spouses, imposing a fine of 2K. The court emphasized that if such type of relationship gets the support of the Court, it will create chaos in society and destroy our country's social fabric."The Court cannot support such type of relationship which are in...
Allahabad High Court Monthly Digest: February 2024
NOMINAL INDEX Nikita @ Najrana And Another vs. State Of Up And 3 Others 2024 LiveLaw (AB) 66 M/S Sahbhav Engineering Ltd. Ahmadabad Thru. Authorised Representative Mr. Pramod Dave vs. U.P. State Micro Small And Medium Enterprises Facilitation Council Kanpur Thru. Chairman And Others 2024 LiveLaw (AB) 67 M/S Neelkanth Construction vs. Union Of India And 3 Others 2024 LiveLaw (AB)...
GST | Vehicle Number In 'Bilty' Couldn't Be Changed As Goods Were In Transit, E-Way Bill Was Updated: Allahabad HC Quashes Penalty Order
The Allahabad High Court has held that for goods in transit, vehicle number in bilty (consignment note) cannot be changed upon change of vehicle due to breakdown. The Court quashed the penalty order on grounds that vehicle number was updated in Part-B of the e-way bill.Petitioner's goods were intercepted, and penalty was imposed under Section 129(3) of the Uttar Pradesh Goods and Services...
'Public Servants Should Remain Within Bounds Of Law': Allahabad HC Raps Gorakhpur ADM Over Unfair Notice Under 'UP Goondas Act'
The Allahabad High Court last week reprimanded Additional District Magistrate (Administration) Gorakhpur for issuing a notice to a man under the Uttar Pradesh Control of Goondas Act 1970 against a man based upon a solitary case registered against him. The Court also directed the state to pay Rs 20K to the man within 2 months.A bench of Justice Siddharth and Justice Vinod Diwakar also directed...
UP Public Services (Reservation For EWS) Act | Allahabad HC Declines EWS Reservation For Recruitment Of 69000 Asst Teachers Initiated Before Commencement Of Act
The Allahabad High Court has refused to extend the benefit of reservation under the Economically Weaker Section category for recruitment on the post of Assistant Teachers held in 2020, as the process was initiated before the enactment of the Uttar Pradesh Public Services (Reservation for EWS) Act, 2020.The state of UP enacted the Uttar Pradesh Public Services (Reservation for EWS) Act, 2020...
Courts Must Exercise Power Conferred U/S 451 CrPC Judiciously And Without Unnecessary Delay: Allahabad High Court
The Allahabad High Court has held that the power conferred under Section 451 of CrPC (Order for custody and disposal of property pending trial in certain cases) should be exercised by the criminal courts with a judicious mind and without any unnecessary delay. For context, Section 451 CrPC pertains to the power of the criminal court to order for custody and disposal of...
UP Stamp (Valuation Of Property) Rules | Burden On Revenue To Prove Nature & Potential Use Of Land Not Discharged Properly, No Spot Verification: Allahabad HC
Placing reliance on its earlier decision in Raj Kumar v. State of U.P. and other, the Allahabad High Court has held that the burden to prove that there was a deficiency in stamp duty at the time of execution of the sale deed is upon the Department.The bench of Justice Shekhar B. Saraf held that in the absence of mandatory spot inspection under Rule 7(3)(c) of the Uttar Pradesh Stamp (Valuation...
Hindu Marriage Can't Be Dissolved By Unilateral Declaration Executed On A Stamp Paper: Allahabad High Court
The Allahabad High Court has held that a marriage between two Hindus can be dissolved only by modes recognized by the Hindu Marriage Act and that it can't be dissolved by a unilateral declaration executed on a stamp paper.A bench of Justice Subhash Vidyarthi observed thus while dealing with a Criminal Revision plea filed by a Husband challenging the order of the family court directing him to...
S.138 NI Act | Cause Of Action U/S 142(1)(B) Only Arises After Expiry Of 15 Days For Payment Of Amount: Allahabad High Court
The Allahabad High Court has held that the cause of action under Section 142(1)(b) of the Negotiable Instruments Act, 1881 arises after expiry of 15 days granted to the drawer to pay the amount to the payee/cheque holder under clause (c) of Section 138 of the Act.Section 142(1) of the NI Act provides that a complaint must be made within 1 month of the date from which the cause of action...
Tendering Committee Failed To Perform Functions Properly, Did Not Scrutinize Tender Documents: Allahabad HC Awards Tender To Highest Bidder
The Allahabad High Court has recently awarded tender to the highest bidder who was above the reserve price as the tendering committee had failed to scrutinize tender documents and acted in a lax manner.Petitioner participated in e-tender-cum-e-auction for short-term permit, also regarding Gata No.62 and 63/1 Area 42.00 acre, Village Khapatiha Kala, Tehsil Pailani, District Banda. Petitioner's...
Criminal 'Proceedings' U/S 6(2)(f) Passport Act To Include Investigation Prior To Filing Of Chargsheet: Allahabad High Court
The Allahabad High Court has clarified that 'proceedings' under Section 6(2)(f) of the Passports Act, 1967 cannot be understood as criminal case registered after filing of chargesheet. It starts with the filing of the FIR, the Court observed.Section 6 of the Passports Act, 1967 provides for situations where issuance of passport to a citizen can be refused. Section 6(2)(f) contemplates refusal...