Allahabad High Court
Lifting Corporate Veil, Allahabad HC Orders ED Probe Against Directors Of Hacienda Project, Three C Universal For Defrauding Lotus 300 Flat Buyers
The Allahabad High Court has lifted the corporate veil to hold the Promoters/Directors of M/s Hacienda Projects Private Limited and M/s Three C Universal Developers Pvt. who are in default, liable for defrauding flat-buyers of the Lotus 300 project in Sector 107, Noida.The bench comprising Justice Mahesh Chandra Tripathi and Justice Prashant Kumar has directed the Enforcement Directorate...
S.29A Arbitration Act | Who Has Power To Hear Time Extension Application When Arbitrator Appointed By SC/HC/Parties? Allahabad HC Refers Question To Larger Bench
The Allahabad High Court has referred the question whether application under Section 29A of the Arbitration and Conciliation Act, 1996 for time extension can only be heard by the Supreme Court or the High Court where the appointment of such arbitrator has been made by the Supreme Court or the High Court, as the case may be.Further, the Court has raised a query regarding the powers of the...
UPGST | Search And Seizure Of Godown Can't Result In Penalty Proceedings U/S 129 Of Act: Allahabad High Court Reiterates
The Allahabad High Court has reiterated that search and seizure of a godown of an assesee cannot be penalised in proceedings under Section 129 of the Uttar Pradesh Goods and Services Tax Act, 2017.Section 129 of the Act provides procedure for detention, seizure and release of goods and conveyances which have been intercepted in transit and are found to be in contravention of the...
Attempting To Pollute Stream Of Justice: Allahabad HC Imposes 50K Costs On Frivolous PIL Filed In 'Private Interest'
The Allahabad High Court has imposed a cost of Rs. 50,000 on a litigant for filing private interest litigation in the grab of public interest litigation.The bench comprising Justice Manoj Kumar Gupta and Justice Kshitij Shailendra held “In view of the aforesaid judicial pronouncements, now it is well settled that a litigant, who attempts to pollute the stream of justice or who touches the...
Rich Businessman Possessing Large Portions Of Land In Slums Cannot Be Called Slum Dweller: Allahabad High Court
The Lucknow Bench of the Allahabad High Court has held that by common sense, businessman having possession of large portions of land by illegally taking the same from the slum dwellers without required sanctions cannot be termed as slum dweller.“Presuming in a slum, a businessman finding good business opportunity, takes possession of a large piece of land from the actual slum dwellers...
'Such Illegal Relations Need Not Be Protected': Allahabad HC Rejects Protection Plea Of Married Woman, Her Live-In Partner; Imposes ₹2K Cost
The Allahabad High Court recently dismissed a protection plea filed by a married woman and her live-in partner while observing that such type of 'illegal relationship' need not be protected by the court. A bench of Justice Renu Agarwal also imposed a cost of Rs. 2,000/- on the live-in couple (petitioners) as it observed that if it would indulge in “such type of cases” and...
Provide Old Age Pension To 15 Individuals Without Aadhaar Cards After Verification: Allahabad HC Directs Unnao Govt Official
The Allahabad High Court last week directed the District Social Welfare Officer, Unnao to provide old-age pensions to 15 individuals who had approached the Court after being denied old-age pensions due to the non-availability of Aadhaar cards and mobile phones."The Officer may satisfy himself about the genuineness of the petitioners, however, he would not insist on production of...
S.299 Indian Succession Act | No Appeal Lies Against Order Rejecting Amendment Application In Plea For Grant Of Letters Of Administration: Allahabad HC
The Allahabad High Court has held that no appeal lies under Section 299 of the Indian Succession Act, 1925 against an order rejecting amendment application in petition filed under Section 278 of the Act of 1925.The Court held that since Order 43 Rule 1 of CPC does not provide a remedy of appeal against orders passed under Order 6 Rule 17 CPC rejecting amendment application, the same needed to...
Cheque Returned Unpaid By Bank With 'Account Closed' Endorsement Amounts To 'Cheque Dishonour' U/S 138 NI Act: Allahabad HC
The Allahabad High Court has held that when a cheque is returned unpaid by a Bank with an endorsement 'Account Closed', it would amount to 'dishonour of cheque' and constitute the commission of an offence under section 138 of the Negotiable Instruments Act.A bench of Justice Anish Kumar Gupta further added that the return of the cheque by the drawee Bank alone constitutes the commission...
MSMED Act | Facilitation Council Does Not Have Jurisdiction Over Any Dispute Regarding Unregistered Services Under Act: Allahabad High Court
The Allahabad High Court has held that the Facilitation Council under the Micro, Small, and Medium Enterprises Development Act, 2006 (MSMED Act) does not have jurisdiction over any dispute regarding unregistered services under the Act.The bench comprising of Justice Mahesh Chandra Tripathi and Justice Prashant Kumar held “Once the services provided by the petitioner is not registered under...
Without Registration For 'Financial Activity', Loan Advanced By Cold Storage Facility Cannot Be Recovered Under MSMED Act: Allahabad High Court
The Allahabad High Court has held that without registration for financial services under Section 22 of the U.P. Regulation of Cold Storage Act, 1976 along with Micro, Small and Medium Enterprises Development Act, 2006, the alleged loan advanced by the petitioner was a private contract not amenable to recovery under the aforesaid laws.The bench comprising Justice Mahesh Chandra Tripathi...
GST & Central Excise Superintendent Has No Jurisdiction To Pass Order Exceeding Rs.10,00,000: Allahabad High Court
The Lucknow bench of Allahabad High Court has quashed the order by the GST and Central Excise Superintendent for lack of jurisdiction.The bench of Justice Alok Mathur has observed that according to the circular dated February 9, 2018 issued by the Government of India, Ministry of Finance, and Department of Revenue, the power of the Superintendent, Central Goods and Service Tax, and Central...