Allahabad High Court
'Institution Failed To Complete Formalities Before Admitting 60 Students': Allahabad HC Imposes Rs 2L Cost On A University
The Allahabad High Court, on Friday, imposed a cost of Rs. 2 Lakhs on C/M Smt. Vimala Devi Mahavidyalay Bhamai for admitting 60 students in additional section without completing the formalities as required.The bench comprising of Justice Piyush Agrawal observed that “Since the last instruction of the respondent no. 2 shows that some formalities have not been completed by the petitioner...
Refund For April To June 2018 Can Be Claimed Till 21.6.2021 And For April To June 2019 Till 24.7.2021: Allahabad HC
The Allahabad High Court has held that refunds on exports in the period April, 2018 to June, 2018 can be claimed till 21.6.2021 and refunds for exports made in April, 2019 to June, 2019 refund can be claimed till 24.7.2021Petitioner applied for refund on 31.3.2021 and 21.6.2021 for the period April, 2018 to March, 2019) and on 30.6.2021 and 24.7.2021 for the tax period April, 2019 to June,...
Once Initiation Of Proceedings Itself Is Bad, Consequential Proceedings Automatically Fails: Allahabad HC
The Allahabad High Court has held that once the initiation of proceedings is bad in law, all consequential proceedings shall fail.While dealing with recovery without show cause notice under the Excise Act, Justice Piyush Agrawal held“Once the initiation of the proceedings itself is bad, the consequential proceedings automatically fails in the eyes of law.”Certain samples were drawn by...
'Exposing Poorest Of Poor To Ensuing Harsh Winters': Allahabad HC Stays Demolition Drive In Lucknow's Akbarnagar For 4 Weeks
Holding that Article 21 includes right to livelihood, the Allahabad High Court has stayed the demolition drive in Akbar Nagar I and II in Lucknow.Noting that the petitioners could not prima facie show the title in their favour, Justice Pankaj Bhatia observed that “At this stage, it is not clear as to what is the tearing hurry in which huge occupations by the relatively poor class of persons...
'Primary Education Fundamental Right Of Citizens': Allahabad HC Seeks UP Govt's Reply On Shahjahanpur School's Dilapidated Condition
The Allahabad High Court has called for the personal affidavit of the Chief Secretary, Government of Uttar Pradesh in a Public Interest Litigation (PIL) plea highlighting conditions of primary schools in District Shahjahanpur, Uttar Pradesh.The bench comprising Acting Chief Justice Manoj Kumar Gupta and Justice Kshitij Shailendra observed that “the issue raised in the instant PIL, although...
'Sombre Moment In Judicial Chronicles': Allahabad HC On Young Advocate Carrying Firearm Inside Courtroom For Life Protection
The Allahabad High Court held that it is obligatory for the licensing authority under Section 17(3)(b) of the Arms Act, 1959 to revoke or suspend a license, whenever there is a threat to Public Peace or Public Safety. The High Court also barred Lawyers/ Litigants from carrying arms inside court premises across UP.The Court has held that lawyers and litigants cannot be permitted to carry...
Allahabad HC Bars Lawyers/ Litigants From Carrying Arms Inside Court Premises In UP, Asks Judicial Officers To Lodge FIR In Case Of Violations
While dealing with a case of cancellation of arms license of a young lawyer, the Allahabad High Court observed that cases of persons carrying firearms inside court premises were on the rise.The bench comprising of Justice Pankaj Bhatia observed that despite a specific bar in Rule 614-A of The General Rules (Civil) on carrying of arms in the Court premises and directions by the Allahabad...
Allahabad HC Sets Aside Ex-Parte Maintenance Order Citing Lack Of Mention Of Mode Of Service Of Notice/ Summon To Husband
The Allahabad High Court has recently set aside an ex-parte order of maintenance passed by Additional Principal Judge, Family Court No.3, Agra and consequential recovery warrant on grounds that the mode of service of notice/summons on the husband was not mentioned in the order.In view of the compromise agreements between the parties, the bench comprising Justice Ram Manohar Narayan...
Waqf Board CEO's Application U/S 54 Waqf Act Before Tribunal Not A Suit, No Court Fees Applicable On It: Allahabad HC
The Allahabad High Court has held that the Chief Executive Officer of the Waqf Board is not liable to pay court fees on an application moved by him under Section 54 before the Waqf Tribunal.The Court held that the Chief Executive Officer is not an aggrieved person under the Act while moving the application. The Court held that had the legislature intended for payment of court fees on...
'Can't Call Gyanvapi Complex A Temple Or Mosque Unless Varanasi Court Determines Its Religious Character': Allahabad HC Upholds 2021 ASI Survey Order
In a significant observation, the Allahabad High Court today said that the religious character of the Gyanvapi Complex (as it existed on August 15, 1947) is to be determined by the Varanasi Civil Court in light of documentary as well as oral evidence led by both parties and hence, unless and until the court adjudicates upon this issue, the same cannot be called either as a temple or a...
Gyanvapi-Kashi Title Dispute: 'Civil Suits Not Barred By Places Of Worship Act', Allahabad HC Rejects Masjid Committee's Challenge
In the Kashi Vishwanath-Gyanvapi land title dispute cases, the Allahabad High Court today held that a batch of civil suits filed by Hindu worshippers seeking the right to worship in the Gyanvapi mosque and the restoration of a temple at the disputed place pending before the Varanasi Court ARE NOT BARRED by the Places of Worship Act 1991.With this, a bench of Justice Rohit Ranjan Agrawal...
Allahabad High Court Reserves Verdict On Jauhar University's Plea Challenging UP Govt's Decision Of Cancelling Land Lease
The Allahabad High Court today reserved its verdict in the matter of the cancellation of the lease of Maulana Mohamad Ali Jauhar University's land in the state's Rampur District. The writ petition of the Univeristy Trust challenges the Uttar Pradesh government's move to seize the land by voiding the lease deed associated with the University.A division bench comprising Acting Chief Justice...