UPGST | Truck Is Capital Asset Of Transporter, Seizure Without Notice Affects Civil Rights: Allahabad High Court

The Allahabad High Court has held that the seizure of a vehicle transporting goods affects the civil rights of the transporter as the truck is a capital asset of the transporter. The Court held that the transporter ought to be afforded an opportunity of hearing before passing any penalty order against him.While observing that the vehicle carrying the goods could be released under proviso-1...

S.24 Land Acquisition Act 2013 | Applicability To Prior Acquisitions Depends On Date Of Award, Not Date Of Taking Possession: Allahabad High Court

The Allahabad High Court held that the applicability of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 depends upon the date on which the award is made and not on the date on which possession was taken over by the authorities.The bench comprising Acting Chief Justice Manoj Kumar Gupta and Justice Kshitij...

Allahabad HC Directs Haridwar & Bijnor DMs To Install Pillars Demarcating State Boundaries Between UP & Uttarakhand

Last week, the Allahabad High Court directed the district magistrates posted at Haridwar (in Uttarakhand) and Bijnor (in Uttar Pradesh) districts to direct for the erection of pillars in their respective areas to demarcate the boundaries between the two states on January 23rd. The order was passed by a division bench comprising Justice Saumitra Dayal Singh and Justice Manjive Shukla...

Special Appeal Against Order Of Single Judge Dealing With Order Of DRAT Maintainable: Allahabad High Court

The Allahabad High Court has upheld the maintainability of a special appeal filed under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 (Special Appeals) against an order of single judge dealing the order of the Debt Recovery Appellate Tribunal.The primary issue for consideration before the Court was whether the bar on filing special appeal lay only if the order under challenge...

Subsequent Anticipatory Bail Pleas Maintainable On Emergence Of Substantial Change In Facts & Circumstances: Allahabad HC

The Allahabad High Court has observed that a person can move subsequent bail anticipatory bail applications on the emergence of substantial change in facts and circumstances. Noting that there is no bar in the Code of Criminal Procedure on moving subsequent regular bail applications u/s 439 CrPC, a bench of Justice Mohd. Faiz Alam Khan held that there is no restriction on...

SARFAESI Act | Right Of Redemption Cannot Be Taken Away By Insufficient Notice: Allahabad High Court

The Allahabad High Court has held that right of redemption under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is an important right which cannot be taken away or breached by the authorities by insufficient notice.[Right of redemption allows an opportunity to the borrower to repay the entire dues and redeem the secured...

Allahabad High Court Annual Criminal Law Digest 2023

LiveLaw brings to you Allahabad High Court Digest on Criminal law cases from the year 2023.“Be Careful In Future”: Allahabad High Court Takes Exception To Trial Court's Judgment Mentioning Alleged Rape Victim's Name Case title - Bablu @ Jitendra And Another vs. State of U.P [CRIMINAL APPEAL No. - 1201 of 2021] Case Citation: 2023 LiveLaw (AB) 3 The Allahabad High Court...

Allahabad High Court Annual Family Law Digest 2023

LiveLaw brings to you Allahabad High Court Digest on Family law cases from the year 2023.'Muslim Women Act' 1986| Divorced Muslim Wife Entitled To Maintenance Beyond Iddat Period, Until She Re-Marries: Allahabad HC Case title - Zahid Khatoon vs. Nurul Haque Khan [FIRST APPEAL No. - 787 of 2022] Case Citation: 2023 LiveLaw (AB) 5 The Allahabad High Court has observed that as...

Nominee Of Govt Employee Merely A Custodian, Benefit After Death Of Employee Conferred To Legal Heirs: Allahabad High Court Reiterates

Recently, the Allahabad High Court reiterated the position settled by the Supreme Court in Shipra Sengupta v. Mridul Sengupta and others (2009) that a nominee of a government employee is merely a custodian, however, any benefits that accrue after the death of such government employee can only be conferred upon his/her legal heirs.Petitioner's ex-husband died after retiring as an Assistant...

Collector Can Determine Market Value Of Land At The Time Of Execution Of Sale Deed Or Period Reasonably Proximate Thereto: Allahabad High Court

The Allahabad High Court has held that the Collector has power to determine market value of the land at the time of execution of sale deed or period reasonably proximate thereto.While dealing with challenge to proceedings under the Stamp Act, 1899, Justice Abdul Moin relied on the full bench decision of the Allahabad High Court in Smt. Pushpa Sareen vs. State of U.P. and others and the...

Allahabad High Court Annual Digest 2023: Part II [Citations 257 - 511]

ORDERS/JUDGMENTS [NOMINAL INDEX PROVIDED AT THE BOTTOM] Beneficiary Of Acquired Land Cannot File Reference U/S 28A(3) Of Land Acquisition Act, 1894: Allahabad High Court Case Title: Rajendra Prasad Sharma vs. State of U.P. And Others [Writ C No. – 22731/2023] Case Citation: 2023 LiveLaw (AB) 257 The Allahabad High Court has held that the 'beneficiary of acquired land' is...

Allahabad HC Grants Bail To Muslim Scholar Accused Of Issuing Fatwa To Kill Waseem Rizvi After He Embraced Hinduism

The Allahabad High Court on Wednesday granted bail to a Muslim Scholar who has been accused of issuing a fatwa to kill former Shia Waqf Board chairman Jitendra Narayan Singh Tyagi Aka Waseem Rizvi after he converted to Hindu religion renouncing Islam. A Bench of Justice Mohd. Faiz Alam Khan granted bail to Maulana Syed Mohammad Shabibul Husaini who allegedly stated in an interview...