Allahabad High Court
S.75(4) UPGST Act | Failure To File Reply To Show-Cause Notice Does Not Take Away Right Of Personal Hearing: Allahabad High Court
The Allahabad High Court has held that not filing a reply to a show cause notice does not take away the opportunity for personal hearing mandated under Section 75(4) of the Uttar Pradesh Goods and Service Tax Act, 2017.Section 75(4) of the UPGST Act provides that an opportunity for a hearing must be granted if requested in writing or where any adverse action is contemplated against...
Allahabad High Court Weekly Round-Up: February 5 To February 11, 2024
NOMINAL INDEX Raj Kumar Gautam vs. State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 3 Others 2024 LiveLaw (AB) 69 Raj Kumar Saroj vs. State Of U.P. Thru. Prin. Secy. Home Lucknow And Another 2024 LiveLaw (AB) 70 Executive Officer Nagar vs. Stainli Khan And Another 2024 LiveLaw (AB) 71 Aman vs. State Of U.P. And 3 Others 2024 LiveLaw (AB) 72 M/s K.J. Enterprises vs. State...
UPVAT Act | Revision Jurisdiction Of High Court Limited To Questions Of Law, Jurisdictional Errors Or Procedural Irregularities: Allahabad High Court
The Allahabad High Court has held the revision jurisdiction under Section 58 of the Uttar Pradesh Value Added Tax Act, 2008 is limited to questions of law, jurisdictional errors, or procedural. The Court held that the High Court must refrain from going into questions of facts which have been decided by the Tribunal.Section 58 of the Uttar Pradesh Value Added Tax Act, 2008 provides that any...
Allahabad HC Upholds Cancellation Of Appointment Of Asst Teachers Who Were Unfairly Awarded Higher Marks In Entrance Test, Imposes 5K Costs On Each Candidate
While dealing with a challenge against the cancellation of appointment of Assistant Teachers in the Basic Education Department based on the re-evaluation of answer booklets, the Allahabad High Court has held that less meritorious candidates cannot be allowed to continue on the posts at the cost of meritorious candidates.The Court held that in the absence of a challenge to the process...
Allahabad HC Reserves Judgment On Gyanvapi Mosque Committee's Plea Against Varanasi Court's Order Allowing 'Puja' In 'Vyas Tehkhana'
The Allahabad High Court today reserved its Judgment in the Gyanvapi Mosque committee's appeal challenging the Varanasi Court's January 31 order allowing 'Puja' In 'Vyas Tehkhana' (southern cellar of Mosque). A bench of Justice Rohit Ranjan Agrawal reserved the judgment after hearing both parties in 4 days (read details of previous hearing here, here and here).#BREAKING |...
NEET | Medical College Can't Retain Fees If Student Resigns From Allotment Made In First Counselling Itself: Allahabad High Court
The Allahabad High Court has held that fees deposited by a student at the time of counselling is quid pro quo for studies imparted to such student by the institution.While directing the respondent college to refund the fee deposited by the student at the time of first counselling, who is now seeking admission elsewhere, Justice Manish Mathur observed that “In case a student resigns from...
Res-Judicata Does Not Apply In Tax Matters, But Doctrine Of Finality Applies Unless There Is Marked Change: Allahabad High Court
The Allahabad High Court has held that the principle of res-judicata does not apply from one assessment year to another. However, the Court held that the Department cannot be allowed to change its stance for the same assesee for different assessment years, unless there is a marked change from one year to another.Relying on the decision of the Supreme Court in Bharat Sanchar Nigam Ltd. v. Union...
Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court
The Allahabad High Court recently observed that in cases where an appeal against an order would lie under Section 14A of the SC/ST (Prevention of Atrocities) Act, 1989, the aggrieved person cannot invoke the inherent jurisdiction of the High Court under Section 482 CrPC to challenge the order. A bench of Justice Subhash Vidyarthi observed thus while relying upon a full bench judgment...
No Restriction On Extending Compassionate Employment To Daughter Of Deceased Employee If Son Already In Govt Employment: Allahabad High Court
The Allahabad High Court has held that the statutory condition for not granting compassionate appointment if the spouse of the deceased employee is already in government employment is only limited to the spouse and cannot be extended to children of the deceased employee.The Court held that the son being in government employment at the time of the death of his father would be irrelevant since...
Compassionate Appointment Cannot Be To A Post Higher Than That Held By Deceased Employee: Allahabad High Court Reiterates
The Allahabad High Court has reiterated that the compassionate appointment cannot be granted on a higher post than the post which was held by the deceased employee, despite the applicant having higher educational qualifications.Relying on the decision of the Supreme Court in Suneel Kumar vs. State of U.P. and others and the observations given by the Apex Court while reversing the decision...
DRT | Rejection Of Application Under Order 7 Rule 11 Will Not Operate As Res Judicata On Deciding Issue Of Limitation: Allahabad High Court
The Allahabad High Court has held that rejection of application under Order VII Rule 11 of the Civil Procedure Code will not operate as res judicata on deciding issue of limitation raised at the time of final hearing.The Court held that question of limitation being a mixed question of law and fact requires evidence to be led by contesting parties. The issue of limitation as such cannot be...
Mere Use Of Abusive Language Or Being Discourteous/Rude By Itself Doesn't Amount To Offence U/S 504 IPC: Allahabad HC
The Allahabad High Court recently observed that mere use of abusive language or being discourteous to the opponent or rude would not by itself amount to any intentional insult within the meaning of Section 504 of the Indian Penal Code (Intentional insult with intent to provoke breach of the peace). The court added that for an act to come under the purview of this offence, it has to...