UP GST | No Interference Under Article 226 Unless Inherent Lack Of Jurisdiction Or Absence Of Relevant Material Established: Allahabad High Court

The 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 absence of relevant material is alleged and established.Petitioner challenged the adjudication notice issued under Section 73 (Determination of tax not paid or short paid or...

'They Aren't Supposed To Be Beneficiary Of Dowry Demand': Allahabad HC Grants Relief to Sisters-In-Law Implicated In 498A IPC Case

In a criminal proceeding initiated at the instance of a wife against her sisters-in-law (accused) for the offence of cruelty under Section 498A of the Indian Penal Code, the Allahabad High Court recently granted relief to the accused as it noted that they are not supposed to be beneficiary of any demand of dowry. A bench of Justice Ram Manohar Narayan Mishra observed thus while allowing...

Show Cause/Hearing Opportunity A Must Before A Citizen's Character Certificate Is Cancelled Due To Criminal Antecedents: Allahabad HC

The Allahabad High Court has mandated that individuals facing the possibility of character certificate cancellation due to criminal antecedents must be given a show cause or hearing opportunity. Emphasizing the importance of due process and fair treatment in such matters, a bench of Justice Saumitra Dayal Singh and Justice Manjive Shukla read Clause-4 of the Government Order dated...

Allahabad High Court Launches Automatic District Allocation System For Newly Recruited Civil Judges

On Tuesday, the Allahabad High Court released a press note stating that it has successfully posted 225 newly recruited candidates as Civil Judge (Junior Division) in different District Courts across the State of Uttar Pradesh using Automatic District Allocation System.“As a novel and first-time exercise the posting has been done with the use of office automation and Automatic...

Allahabad High Court Annual Digest 2023: Part I [Citations 1-256]

ORDERS/JUDGMENTS [NOMINAL INDEX PROVIDED AT THE BOTTOM] Benefit Of Doubt Regarding Correctness Of Answer Key Goes In Favour Of Exam Authority & Not Candidate: Allahabad High Court Case title - Gyan Prakash Singh vs. State of U.P. and others [WRIT - A No. - 8892 of 2022] Case Citation: 2023 LiveLaw (AB) 1 Noting that there is always a presumption about the correctness of...

UP Victim Compensation Scheme 2014 | Eligibility/ Quantum Of Compensation For Rape Victims To Be Decided By DLSA, Not Court: Allahabad HC

The Allahabad High Court has asked a rape victim seeking compensation under the Uttar Pradesh Victim Compensation Scheme 2014 to approach the District Legal Service Authority.While clarifying the procedure for rape victims for claiming compensation, Justice Jyotsna Sharma observed that “the 'eligibility' of the victim for grant of compensation and quantum thereof can only be decided by...

Religious Conversion 'Racket'| Allahabad HC Grants Bail To Islamic Scholar Accused Of Waging War Against Govt Of India

The Allahabad High Court last week granted bail to Islamic scholar Mufti Qazi Jahangir Alam Qasmi who was arrested in June 2021 by the Anti-Terrorist Squad of Uttar Pradesh Police on the charges of conspiring to run a mass religious conversion racket in the State and assisted in religious conversion of over 1000 people across the state.A bench of Justice Rajan Roy and Justice Ajai...

Check Credentials Of Applicants, Call For Police Report Before Granting Licence To Practice Law: Allahabad HC To UP Bar Council

The Allahabad High Court has directed the Bar Council of Uttar Pradesh to call for a police report regarding all fresh and pending applications for a license to practise law.The bench comprising of Justice Saumitra Dayal Singh and Justice Vinod Diwakar directed the State Government and Bar Council of Uttar Pradesh to “issue necessary directions and to ensure appropriate police report be...

Revenue Cannot Beat Around The Bush, Keep Changing Goal Post At Each Stage: Allahabad High Court Quashes Detention Order

The Allahabad High Court has held that stand taken by revenue in the detention order cannot be changed in the subsequent show cause notice in proceedings arising out of same detention of goods.While quashing the detention order and consequential proceedings, the bench comprising of Justice Siddhartha Varma and Justice Shekhar B. Saraf held “It is trite law, settled by a catena of Supreme...

Allahabad HC Quashes Defamation Case Filed By Ex-District Judge Against Aroon Purie Over News Item On Bail To Ex-UP Minister In Rape Case

The Allahabad High Court recently quashed a criminal defamation case against Aroon Purie, Chairman and Director of TV Today Network Ltd. The case had been filed by a former Uttar Pradesh District Judge, relating to a 2017 article published by Aajtak/Indiatoday about the grant of bail to the then-UP Minister, Gayatri Prajapati, in a minor rape case.#JustIN | #AllahabadHighCourt...

Cause Of Action To Seek Divorce Arises Once Cruelty Is Found To Be Committed: Allahabad High Court

The Allahabad High Court has held that Once cruelty is found committed, the cause of action to seek divorce does arise. The Court added that in cases of cruelty, the Court should look into other attending circumstances before passing an order to restore the marital relationship.The bench comprising Justice Saumitra Dayal Singh and Justice Shiv Shanker Prasad held “Once cruelty is...

'We Are Striving For $1-Trillion Economy But Unable To Give Proper Cremation Facilities': Allahabad HC Asks UP Govt To Take Concrete Steps

Taking note of the sluggish pace in the development of cremation site infrastructure across the state, the Allahabad High Court recently directed the state government to take concrete steps in this regard. Pointing out that the cremation site infrastructure has not kept up with the consistent population growth, a bench of Justice Mahesh Chandra Tripathi and Justice Prashant...