Allahabad High Court
Allahabad HC Pulls Up State Counsels For Filing Substandard Counter Affidavits, Directs Framing Of Effective Practice For Drafting Replies
On Monday, the Allahabad High Court expressed dissatisfaction with the quality/adequacy of the counter-affidavits filed by the State Government counsels in various pending matters. Pulling up the state counsels for their inability to file 'up to the mark' counter-affidavits, a bench of Justice Manju Rani Chauhan directed the concerned official authorities of the state to develop...
What Constitutes 'Prima Facie Satisfaction' Of Magistrate To Issue Process Against An Accused U/S 204 CrPC?: Allahabad HC Explains
The Allahabad High Court on Tuesday explained what constitutes a 'prima facie case' or 'prima facie satisfaction' and when it can be said to have been made out before a Magistrate proceeds to summon/issue process against an accused under section 204 CrPC. A bench comprising Justice Jyotsna Sharma observed that before issuing a process against an accused, the Magistrate has to...
Suspended Principal Can't Take Part In Recruitment Process, Selection Committee Comprising Officiating Principal Competent: Allahabad High Court
The Allahabad High Court has held that a suspended principal of a college cannot take part in any selection or recruitment process. The Court held that in absence of any challenge to the appointment of Officiating Principal, the appointments made in his presence in the selection committee cannot deemed to be invalid.The bench comprising of Justice Ashwani Kumar Mishra and Justice Syed Qamar...
Police Line Campus Is A Sensitive Place, Public Shouldn't Be Allowed Entry Sans Valid Permission: Allahabad High Court
The Allahabad High Court has recently observed that the campus of the police line is a sensitive place where the Armory, District Wireless Control Room Cyber Control Room, etc. are situated, and therefore, the public at large should not be allowed in the premises without valid permission of Superintendent of Police of the District. The bench of Justice Rajeev Singh made...
Allahabad HC Grants Relief To Wasim Rizvi In Case Over Making 'Derogatory' Remarks Against Sunni Muslims In 'Ram Ki Janmabhoomi' Movie
The Allahabad High Court last week granted relief to former Uttar Pradesh Shia Central Waqf Board chairman Wasim Rizvi (now Jitendra Tyagi) in an FIR lodged against him for allegedly making derogatory remarks against the adorable personalities of the Sunni Sect of the Muslim community in his film Ram Ki Janmabhoomi.In the FIR, Tyagi, who wrote, produced and acted in the film, was booked...
Can't Raise Objections U/S 47 Of CPC In Execution Proceedings For The Enforcement Of Award, S. 34 Of A&C Must Be Availed: Allahabad High Court
The Allahabad High Court single bench of Justice Alok Mathur held that the objections under Section 47 of the CPC are not maintainable in execution proceedings for the enforcement of an arbitration award. It held that an arbitration award, not being issued by a "court," falls outside the definition of a decree as outlined in Section 2(2) of CPC. Moreover, once the award attains finality,...
'Forcible' Entry To Mosque In Police Line Campus To Offer Namaz: Allahabad HC Declines To Quash Criminal Case Against AIMIM Leader
The Allahabad High Court recently refused to quash a criminal case against a leader of the All India Majlis-E-Ittehadul Muslimeen (AIMIM) who has been booked inter alia under Section 153B of IPC & Section 7 of the Criminal Law Amendment Act 1932 for allegedly trying to enter in a Mosque located inside the Police Lines premises in Pratapgarh to offer namaz. A bench of Justice...
Newer Generation Of Staff Recruited In HC's Stamp Reporter Section Has Scant Awareness About Law: Allahabad High Court
Expressing displeasure with the Stamp Reporter section of the HC for erroneously listing an application against an order concerning temporary injunction in a pending suit as a 'Second Appeal', the Allahabad High Court observed recently newer generation staff in the Stamp Reporter section lacks sufficient knowledge of the law. “…the newer generation of staff recruited in...
True Love Between Adolescents Can't Be Controlled Through Rigours Of Law Or State Action: Allahabad High Court
The Allahabad High Court has observed that true love between two individuals, one or both of whom may be minors or minors on the verge of majority, cannot be controlled through rigours of law or State action. Justice Rahul Chaturvedi's bench further noted that in cases where couples being adults, enter into marriage, the action of their parents of filing FIRs against the husband-boy, is...
Rule 108 CGST Rules | Self-Certified Copy Of Order Under Challenge Not Required For Appeals Filed Electronically: Allahabad High Court
The Allahabad High Court has held that requirement of self-certified copy of order is not applicable to the appeals filed electronically under Section 107 of the Central Goods and Service Tax Act, 2017 read with Rule 108 of the Central Goods and Services Tax Rules, 2017.Section 107 of the Central Goods and Services Tax Act, 2017 provides for remedy of appeal to any person aggrieved by any...
Govts Should Collect Taxes Like Honeybee, Without Disturbing Petals: Allahabad High Court While Quashing Penalty Order Against Hawkins
Recently, while quashing penalty order passed under Section 129 of the Goods and Service Tax Act, 2017 against M/s Hawkins Cookers Limited, the Allahabad High Court cited the Arthashastra by Chanakya.“Governments should collect taxes like a honeybee collects honey from a flower without disturbing its petals.”The Court held that in absence of any other discrepancy, incorrect address entered...
Don't Refer To 'Trial Courts' As 'Lower Courts': Allahabad High Court Direct Its Registry
On Monday, the Allahabad High Court directed its registry to stop referring to the Trial Courts as 'Lower Courts'. “Practice of referring the 'Trial Court' as 'Lower Court' is not proper”, a bench of Justice Samit Gopal observed as it directed the Registrar General of the HC to issue a circular to the office to henceforth not refer to the 'Trial Court' as 'Lower Court'. The...