Allahabad High Court
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...
'Injury Caused By Throwing A Piece Of Brick Not An Injury Likely To Cause Death': Allahabad HC Alters Murder Conviction To 'Grievous Hurt'
The Allahabad High Court recently altered the conviction of a man for the offence of 'murder' under Section 302 IPC to one of 'voluntary causing grievous hurt' under Section 325 IPC as it noted that though the accused had caused an injury to the victim by throwing a piece of brick at him, the said injury cannot be categorised as an injury likely to cause death. The bench of Justice...
'Law Must Yield To Justice': Allahabad High Court Permits Woman With 4 Biological Children To Adopt Child Despite Legal Bar
The Allahabad High Court recently permitted a woman having four biological children to adopt a child, despite a legal bar under Adoption Regulations 2022, notified by the Central Government in exercise of powers under Section 68(c) of the Juvenile Justice (Care and Protection of Children) Act, 2015.Rule 5 of the Adoption Regulations provides that couples with two or more children shall only...
S. 138 NI Act | Demand Notice Sent To Cheque Drawer Via Email/WhatsApp Is Valid: Allahabad High Court
In a significant ruling, the Allahabad High Court has held that a demand notice sent to the drawer of a cheque through 'email or WhatsApp' under Section 138 of the Negotiable Instrument for the dishonour of a cheque, is a valid notice and the same shall be deemed to be dispatched and served on the same date, if it fulfils the requirement of Section 13 of the Information Technology Act....
NDPS Act | Samples Not Drawn In Magistrate's Presence As Per S. 52A Can't Be Treated As Primary Evidence During Trial: Allahabad HC
The Allahabad High Court recently reiterated that samples not drawn from the bulk in the presence of a Magistrate as per the mandate of Section 52A of the Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act) can't be treated as a valid piece of primary evidence in the trial. For context, Section 52A (2), (3) and (4) of the provide that when seized contraband is forwarded to...
NI Act Doesn't Prescribe Who Will Represent Company Which Is Complainant U/S 138, Can Be Represented By An Employee: Allahabad High Court
The Allahabad High Court has held that Section 142 of the Negotiable Instruments Act,1881 and Section 200 of the Criminal Procedure Code do not prescribe who can file a complaint on behalf of a company under Section 138 of the Negotiable Instruments Act,1881.The Court held that when company is the payee, the complaint must be registered in the name of the company. “Section 142 of the...
Writ Petition Has To Be Drafted Carefully, Reliefs Sought Must Be Supported By Pleadings: Allahabad High Court Rejects Claim For Payment Of Gratuity
The Allahabad High Court has observed that a petition must be carefully drafted, disclosing all relevant facts for grant of relief sought by the petitioner.While dealing with a bunch of cases relating to payment of gratuity under the Payment of Gratuity Act, 1972, Justice Saurabh Shyam Shamshery observed that “In order to make out a case to grant the relief sought, a writ petition has to...