Allahabad High Court
Proceedings For Alleged Different Usage Of Land Can't Be Initiated U/S 28-A UP Urban Planning & Development Act: Allahabad HC
The Allahabad High Court has held that proceedings for alleged different usage of land other than the sanctioned purpose cannot be initiated under Section 28-A UP Urban Planning and Development Act 1973.The bench comprising Justice Manju Rani Chauhan held that for proceedings under Section 28-A of the 1973 Act, notice needed to be issued under Section 27 or Section 28 before the order is...
Krishna Janmabhumi Dispute | Plea For 'Preservation', 'Detention' & 'Inspection' Of Shahi Idgah Mosque: Allahabad HC Seeks UP Waqf Board's Reply
In yet another significant development in the pending suits before the Allahabad High Court concerning Mathura's Krishna Janmabhoomi-Shahi Eidgah Mosque dispute, an application has been moved seeking for 'preservation', 'detention' and 'inspection' of Shahi Idgah Mosque and to permit for photography, videography of the land, building, basements and other places.It maybe be noted that the HC...
Gyanvapi-Kashi Title Dispute | Allahabad HC Reserves Verdict On Plea Challenging Hindu Worshippers' 1991 Suit
In a significant development in the Kashi Vishwanath-Gyanvapi land title dispute cases, the Allahabad High Court on Friday reserved its judgment on a batch of petitions including a plea challenging a 1991 civil suit filed by Hindu worshippers seeking the right to worship in the Gyanvapi mosque.The suit, pending before a Varanasi court, seeks to restore an ancient temple at the disputed...
Govt E-Marketplace Portal Is Need Of The Hour, In Best Interest Of Buyers & Sellers: Allahabad High Court
The Allahabad High Court has observed that the Government e Marketplace Portal for procuring goods and services is a “need of the hour”. The Court noted that the mechanism followed by the portal and the steps taken by the Government to procure all goods and services through this portal is in the best interest of buyers and sellers.The bench comprising of Justice Mahesh Chandra Tripathi...
'Marital Rape No Offence If Wife Is 18 Or Above': Allahabad HC Endorses MP HC's View That Husband Not Liable U/S 377 IPC For Unnatural Sex
While acquitting a husband of the charges under Section 377 IPC for allegedly committing an “unnatural offence” against his wife, the Allahabad High Court has observed that protection of a person from marital rape continues in cases where his wife is of 18 years of age or more than that. In its order, the bench of Justice Ram Manohar Narayan Mishra also noted that in the...
Allahabad High Court Holds That Improper Notice Invalidates Ex-Parte Arbitral Award
The Allahabad High Court has held that improper notice of arbitration invalidates an arbitration award passed ex-parte.The bench of Justice Rohit Ranjan Agarwal held that Section 14(2) of the Arbitration Act, 1940 requires that notice be given to the parties after the arbitrators or umpire have signed the award. Without proper notice, the court held that the proceedings leading to the...
Jauhar University Land Row| Trust Claims Violation Of Principle Of Natural Justice As UP Govt Alleges Misuse Of Govt Land Before Allahabad HC
The Allahabad High Court on Thursday took up a writ petition filed by Samajwadi Party Leader Azam Khan's Trust (Maulana Mohamad Ali Jauhar Trust) against the Uttar Pradesh government's decision to take over the land (by cancelling the lease deed) belonging to the Jauhar University in Rampur. The matter was taken by a bench of Acting Chief Justice Manoj Kumar Gupta and Justice...
Allahabad High Court Upholds The Termination Of The Arbitrator's Mandate, Citing An Unjustified Eight-Year Delay In Proceedings
The Allahabad High Court has upheld the termination of the Arbitrator's mandate, citing an unjustified eight-year delay in proceedings.The bench of Justice Rohit Ranjan Agarwal observed that the arbitrator sat over the arbitral proceedings for 8 long years without any progress and passed the award in haste after the application seeking its removal was made. Ergo, the Court held that...
Income Tax | Form-10 Under Rule 17(2) Supplied After Limitation But Before Completion Of Assessment to Be Considered By AO: Allahabad High Court
The Allahabad High Court has held that if Form-10 under rule 17(2) for claiming exemption has been supplied to the assessing authority after the prescribed period but before completion of assessment, it ought to be considered by the Assessing Authority for granting benefit of exemption under Section 11(2) of the Income Tax Act, 1961 in original assessment proceedings.Placing reliance on...
Allahabad HC Refuses To Quash Chargesheet Against Man Booked Over 'Disrespectful' FB Posts Against PM Modi, Indian Army
The Allahabad High Court recently refused to quash a chargesheet filed against a man facing an FIR for allegedly sharing disrespectful posts against Prime Minister Narendra Modi as well as the Indian army."Prima facie, given the totality of the context, the statements are divisive of the community and tend to promote insecurity in the minds of one community against another. These also tend...
Asian Resurfacing | SC's Direction To Not Summon Original Records Applies Only To Pending Cases: Allahabad HC Summons Original Records
The Allahabad High Court has recently held that the direction of the Supreme Court in Asian Resurfacing of Road Agency P. Ltd. And Anr. vs. Central Bureau of Investigation (2018) regarding summoning of lower court records applies only to pending cases. The Court held that the direction to file copies of pending cases was to avoid delay in proceedings of the lower court.Justice Ajay Bhanot...
Tribunal Didn't Meet Objections Raised, Allahabad High Court Sets Aside Arbitral Award, Remits Case To Tribunal
The Allahabad High Court has held that under Section 34(4) of the Arbitration and Conciliation Act, 1996, the High Court can set aside an arbitral award and remit the case back to the Arbitral Tribunal for a fresh decision.The bench comprising Justice Ajay Bhanot placed reliance on the judgment of the Apex Court in National Highways Authority of India Vs. P. Nagaraju and Ors to hold...