Allahabad High Court
Allahabad HC Directs Railways Ministry To Specify Measures Taken To Curb Sexual Crimes Against Women In Trains, Rly Stations
The Allahabad High Court has issued a notice to the Union Railway Ministry directing it to outline specific actions taken by it to prevent sexual crime against women on running trains and at railway stations. A bench of Justice Attau Rahman Masoodi and Justice Brij Raj Singh issued the notice in a suo motu Public Interest Litigation (PIL) plea initiated in 2016 over an incident of...
Justice Arun Bhansali Takes Oath As Chief Justice Of Allahabad High Court
Today, Justice Arun Bhansali took oath as the Chief Justice of Allahabad High Court. The oath was administered by Governor of the State of Uttar Pradesh, Anandiben Patel in the Chief Justice's courtroom at the Allahabad High Court. The oath was administered in presence of the sitting judges of the Allahabad High Court.Justice Arun Bhansali was appointed as the judge of the Rajasthan High Court...
Allahabad High Court Monthly Tax Digest: January 2024
1. UP GST | No Interference Under Article 226 Unless Inherent Lack Of Jurisdiction Or Absence Of Relevant Material Established: Allahabad High CourtCase Citation: 2024 LiveLaw (AB) 4The Allahabad High Court has held that the writ court should not interfere in notice issued under Section 73 of the UP Goods and Service Tax Act, 2017 unless there is inherent lack of jurisdiction or complete...
S.326(1) UP Municipalities Act | Notice To Municipality Not Mandatory If It Will Defeat Purpose Of Injunction Suit: Allahabad High Court
The Allahabad High Court has upheld the rejection of anapplication under Order 7 Rule 11 CPC (rejection of plaint) on grounds that notice under Section 326 of the U.P. Municipalities Act, 1916 is not mandatory if it will defeat the purpose of the injunction suit.Section 326 of the U.P. Municipalities Act, 1916 provides for suits against municipality or its officers, it is mandatory to provide...
S.29 UP Police Act | Same Magistrate Cannot Be Both Witness & Judge In Proceedings Against SHO: Allahabad High Court
Recently, the Allahabad High Court has held that the same Magistrate cannot be the witness and the judge in the case initiated by him against the SHO (Inspector In-Charger) under Section 29 of the UP Police Act.Section 29 of the UP Police Act provides penalties for neglect of duties by a police officer mentioned therein including wilful breach or neglect of any provision of law or a lawful...
Arms License Can Be Cancelled During Pendency Of Criminal Case If Conduct Detrimental To Public Peace, Safety: Allahabad High Court
The Lucknow Bench of the Allahabad High Court has upheld the cancellation of firearms license on grounds that categorically factual findings were recorded by the authority regarding the conduct of the petitioner being detrimental to public peace and safety.The Court observed that Section 17 of the Arms Act, 1959 empowers the licensing authority to vary the conditions of the firearm...
Arbitration Act| Debatable Questions Of Fact Cannot Be Decided In Proceedings U/ S 11(6): Allahabad High Court
The Allahabad High Court has reiterated that the scope of judicial review in proceedings under Section 11(6) of the Arbitration and Conciliation Act, 1996 is very narrow. The Court held that debatable questions of fact cannot be gone into by the Court while adjudicating an application for appointment of arbitrator. “The rival contentions regarding arbitrability, in my view, cannot...
Arbitral Award Under MSMED Act Must Be Challenged Under S 19 Of MSME Act Read With S 34 Of Arbitration Act: Allahabad High Court
The Allahabad High Court has held that an arbitral award passed in a reference made under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 must be challenged as per provisions of Section 19 of the MSMED Act read with Section 34 of the Arbitration and Conciliation Act, 1996. Section 19 of the MSMED Act provides that any application for setting aside any...
We Feel Counter Affidavits For State Are Being Drafted By Stenos, Not Law Officers: Allahabad High Court Summons UP's Principal Law Secretary
The Allahabad High Court on Thursday summoned UP's Principal Law Secretary to personally submit his report and apprise the Court of steps taken by him regarding drafting of counter affidavits by the stenographers posted in the offices of Chief Standing Counsel, Additional Chief Standing Counsel and Standing Counsels.The bench comprising Justice Rohit Ranjan Agarwal was hearing a matter...
Gyanvapi-Vyas Tehkhana Row | 'District Judge Allowed 'Puja' On His Retirement Day; DM Urgently Enforced The Order In 7 Hours': Mosque Committee To High Court
While opposing the Varanasi District court's January 31 order permitting Hindu parties to perform puja in the southern cellar of the Gyanvapi mosque at Varanasi (Vyas Ji ka Tehkhana), the Anjuman Mosque Committee (which manages the Mosque) today submitted before the Allahabad High Court that it was "interesting" to note that the order was passed on the last working day of the District...
BREAKING | Gyanvapi : Allahabad HC Refuses Interim Stay On 'Puja' Inside 'Vyas Tehkhana', Asks State To Maintain Law & Order Situation
The Allahabad High Court today refused to allow the Gyanvapi Mosque committee's plea seeking an interim stay on Puja being performed in the southern cellar of the Gyanvapi Mosque (known as Vyas Tehkhana). However, the Court has directed the state government to maintain law and order situation in the area. Pooja inside the Tehkhana began on 31st January, shortly after the Varanasi District...
UP Anti-Conversion Law | Interfaith Marriage Not Valid Unless 'Pre' & 'Post Conversion Declaration' Formality U/S 8 & 9 Complied With: Allahabad HC
The Allahabad High Court has held that no sanctity could be attached to an interfaith/inter-religious marriage which has been performed without the compliance of Sections 8 and 9 of the UP Prohibition of Unlawful Conversion of Religion Act 2021.The Court court clarified that in case a marriage is solemnized after the Act of 2021 came into force [after November 27, 2020] the parties have to...