Allahabad High Court
Gyanvapi | 'District Judge Allowed 'Puja' In 'Vyas Tehkhana' Under Hindu Plaintiff's Influence': Mosque Committee Submits In High Court
The Anjuman Intezamia Mosque Committee (which manages Gyanvapi Mosque in Varanasi) today argued before the Allahabad High Court that Varanasi District Judge's 31st January order permitting Hindu parties to perform puja in the southern cellar of the Gyanvapi mosque (Vyas Ji ka Tehkhana) was passed under the influence of the Hindu plaintiff as no cogent reasons were specified in the order...
Person Summoned U/S 319 CrPC Can't Avail Remedy Of Discharge U/S 227 CrPC: Allahabad High Court
The Allahabad High Court has observed that a person added as accused after being summoned under Section 319 CrPC cannot seek discharge under Section 227 CrPC. Referring to top Court's judgement in the case of Jogendra Yadav Vs. State of Bihar (2015), a bench of Justice Rajesh Singh Chauhan opined thus: “…an accused summoned under Section 319 CrPC is entitled to invoke the...
PIL In Allahabad High Court Challenges Amendment To Rule Providing For Direct Recruitment Of Advocates In UP Higher Judicial Services
A public interest litigation has been filed in Allahabad High Court challenging the validity of Rule 5 of U.P. Higher Judicial Service Rules, 1975 as amended in the year 2023 with the issuance of the notification dated 11th January 2024.Rule 5 of the U.P. Higher Judicial Service Rules, 1975 provides for sources of recruitments in High Judiciary. Prior to amendment sub-rule (c) of Rule 5...
S107 CGST | Appellate Authority Does Not Have Power To Remand Case Back To Adjudication Authority: Allahabad High Court
The Allahabad High Court has held that the appellate authority exercising jurisdiction under Section 107 of the Central Goods and Service Tax Act, 2017 does not have the power to remand the case back to the adjudication authority. It only has the power to confirm or modify or annul the order under appeal.Section 107 of the CGST Act provides the remedy of appeal to an assesee aggrieved by...
UP VAT Act | Where Assessee Has Paid Far More Tax Than Input Tax Credit Claimed, Section 13(1)(f) Will Not Apply: Allahabad High Court
The Allahabad High has held that where assessee has paid far more tax than the input tax credit claimed, Section 13(1)(f) of the Uttar Pradesh Value Added Tax Act, 2008 will not apply.Section 13(1) of the Uttar Pradesh Value Added Tax Act, 2008 provides conditions in which input tax credit can be claimed by an assesee holding a valid registration. Section 13(1)(f) of the Act provides...
Dark Face Of Society That Girls' Parents Lodge FIRs Against Husbands While Disapproving Their Love Marriage: Allahabad HC
The Allahabad High Court recently observed that it is the 'dark face' of the society where parents, disapproving of their children's love marriages, resort to filing FIRs against the boy under familial and societal pressure, showcasing a troubling trend. “The court after hearing the parties, records its deepest anguish, whereby this social menace is deep rooted that even after 75...
S.148 Income Tax| For Assumption Of Jurisdiction Satisfaction Needs To Be Bonafide, No Need To Record “Reason To Believe”: Allahabad High Court
The Allahabad High Court has held that under the new law, it is not necessary for the assessing authority to record “reasons to believe”. The Court held that the assessing authorities are only required to record bonafide satisfaction regarding escapement of income for assuming jurisdiction under the Income Tax Act, 1961.The bench comprising of Justice Saumitra Dayal Singh and Justice...
Gyanvapi | 'Puja Never Ceased In Vyas Tehkhana': Contends Hindu Plaintiff In HC Amid Mosque Committee's Claims Of Having Its Possession Till 1993
The Hindu plaintiff in a suit concerning the Gyanvapi Mosque-Vyas Cellar/Tehkhana dispute today asserted before the Allahabad High Court that Hindu 'Puja-Path' never stopped inside the Tehkhana and it continued even after 1993 when the CRPF took possession of the same.The submission was made by Advocate Hari Shankar Jain (appearing for the Plaintiff-Shailendra Kumar Pathak Vyas) in a plea...
UPGST | Expired E-Way Bill, But No Intention To Evade Tax: Allahabad High Court Quashes Penalty Order
Recently, the Allahabad High Court has quashed the penalty which was imposed due to production of expired e-way bill at the time of detention. The Court held that no intention to evade tax was established by the authorities. Since, there was no dispute regarding consignor and consignee and the description of the goods, the Court held that penalty could not be imposed for a technical error...
75(4) UPGST Act| Even If There Is No Request For Personal Hearing, Must Be Heard Before Adverse Decision: Allahabad High Court
The Allahabad High Court has held that before taking any adverse decision under the Uttar Pradesh Goods and Service Tax Act 2017, an opportunity of hearing must be provided to the assesee even if there is no request on his part.Relying on various decisions of the Allahabad High Court regarding mandatory opportunity of hearing under Section 75(4) of the UPGST Act, Justice Shekhar B. Saraf...
Allahabad HC Bats For Action Against Rape Victims Who Turn Hostile During Trial After Getting Compensation From Govt
The Allahabad High Court has observed that appropriate action should be taken against victims who initially lodge an FIR under Section 376 IPC (Rape), POCSO Act & SC-ST Act but turn hostile by retracting their statements during the trial after receiving compensation from the Government. A bench of Justice Shekhar Kumar Yadav further emphasized that such cases result in a waste of...
Gyanvapi-Vyas Tehkhana Row | 'Refrain From Speaking To Media As Case Is Subjudice': Allahabad HC To Suit Parties, Adjourns Hearing Till Tomorrow
The Allahabad High Court today directed the parties to suit concerning the Gyanvapi Mosque-Vyas Cellar/Tehkhana dispute to avoid making public statements or speaking to the media about the case till the matter is sub-judice. With this, the Court also adjourned the hearing in the matter till tomorrow."Mere yeh request hai, aap log TVbaazi ya public mein statements mat dijiye jab tak ki...