'Standing Counsels Lack Legal Acumen, Knowledge Of Key Supreme Court Rulings': Allahabad HC Seeks Principal Secy's Personal Affidavit

The Allahabad High Court, on Monday, called for a personal affidavit of the Principal Secretary(Law) of the State of Uttar Pradesh seeking his response as to how the appointment was made on the post of Standing Counsel for the State. This is the second such order in a single day wherein the HC has flagged concerns regarding inadequate legal assistance from Government advocates. On...

Allahabad High Court Displeased Over Govt Counsels' 'Miserable Failure' To Assist Court, Seeks Views Of Principal Secy, AG

Flagging concerns regarding inadequate legal assistance from the Government advocates, the Allahabad High Court recently sought the opinions of the Principal Secretary (Law & Remembrancer) and the Advocate General as to how this issue is sought to be addressed by them. A bench of Justice Abdul Moin passed this order while dealing with a writ petition filed to challenge an order...

Typo Error In E-Way Bill, Penalty Can't Be Imposed If There Is No Intention To Evade Tax: Allahabad High Court

The Allahabad High Court has held that a minor typographical error in the e-way bill without any other material establishing an intention to evade tax will not attract a penalty under Section 129 of the Goods and Service Tax Act, 2017.Placing reliance on the decision of Allahabad High Court in M/s. Varun Beverages Limited v. State of U.P. and 2 others, the judgment of Supreme Court in...

Offence U/S 174-A IPC Cognizable Only Based On A Written Complaint Of Concerned Court; Police Can't Lodge An FIR: Allahabad HC

The Allahabad High Court has held that the cognizance of an offence under Section 174A of the Indian Penal Code can be taken by a court only on a written complaint of the concerned Court (which issued the proclamation) and the Police have no power to lodge an FIR in such cases. For context, Section 174A IPC, which was introduced in 2005, criminalises the non-appearance of...

Arms Act 1959 | Firing A Pistol In Self-Defence Doesn't Violate License Condition: Allahabad High Court

The Allahabad High Court has observed that firing a pistol in self-defence does not violate license conditions. With this, the Court ordered the release of a pistol in favour of the applicant, who had been charge-sheeted under Sections 286, 323, 504, and 506 of IPC and Section 30 of the Arms Act 1959. The bench of Justice Subhash Vidyarthi passed this order on an application moved...

'Bound To Generate Anger In Society': Allahabad HC Upholds NSA Detention Of Two Men Accused Of Burning 'Ramcharitmanas'

The Allahabad High Court last week dismissed the pleas filed by two persons challenging their detention under the National Security Act (NSA) on the allegations of burning copies of Hindu epic Ramcharitmanas and insulting the text. In its order, a division bench of Justice Sangeeta Chandra and Justice Narendra Kumar Johari observed that the public display of disrespect towards...

Otherwise Valid Auction Cannot Be Cancelled On Mere Expectation Of Fetching Higher Price: Allahabad High Court Reiterates

The Allahabad High Court relied upon the decision of the Supreme Court in Eva Agro Feeds Private Limited v. Punjab National Bank and Another to hold that a fresh auction cannot not be held merely on the possibility of receiving higher offers.While setting aside order of the Company Judge calling for fresh auction at higher reserve price, the bench comprising Justice Ashwani Kumar Mishra...

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...