Allahabad High Court
'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...
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...