Allahabad High Court
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...
Mere Adoption Of Govt Service Rules By Autonomous Bodies Doesn't Grant Their Staff Same Benefits As Govt Employees: Allahabad HC
The Allahabad High Court has held that the mere adoption of government service rules by autonomous bodies does not confer the same rights on the employees of the autonomous body as those available to the government employees.Placing reliance on the judgment of the Supreme Court in State of Maharashtra and anr Vs. Bhagwan and Ors, Justice Abdul Moin held“From a perusal of the aforesaid...
Covid Norms Violation Case| Allahabad High Court Stays Criminal Proceedings Against Ex-UP CM Akhilesh Yadav
The Allahabad High Court on Tuesday granted a stay on criminal proceedings pending before the MP/MLA Court, Gautambudh Nagar against Samajwadi Party (SP) chief and former UP CM Akhilesh Yadav and Rashtriya Lok Dal (RLD) chief and Rajyasabha Member Jayant Chaudhary over alleged violations of the model code of conduct and Covid-19 norms in 2022.While granting a stay on criminal proceedings, a...
Transfer Is An Administrative Decision, Courts Should Interfere With Such Orders Only In Very Rare Cases: Allahabad HC Reiterates
Relying on various decisions of the Supreme Court, the Allahabad High Court has held that the Court cannot interfere in transfer orders as they are administrative in nature and are inherent conditions of appointment.While declining to interfere in the transfer order of the petitioner, a bench of Justice Kshitij Shailendra held “It is well settled position of law that transfer of...
Doctrine Of Finality Of Adjudication Of A Case Overpowers Accuracy/ Correctness Of A Judgment: Allahabad High Court
While refusing to quash an 11-year-old judgement in review, the Allahabad High Court held that a judgment which has attained finality cannot be treated lightly by the Courts. The Court observed that the doctrine of finality of adjudication of a case often overpowers the accuracy or correctness of a judgment.The bench comprising of Justice Saumitra Dayal Singh and Justice Shiv Shanker...
Dr. Kafeel Khan's Plea Challenging Termination| Allahabad HC Virtually Grants Last Chance To UP Govt To File A Reply
The Allahabad High Court today granted virtually a last chance to the Uttar Pradesh Government to file its response to a writ plea filed by Dr Kafeel Khan challenging the termination of his services from the State-run BRD Medical College by the UP government. It may be noted that Dr Khan's petition was moved in January last year and on February 3, 2022, the HC directed the state government...
Power To Direct Expeditious Disposal Of Cases Should Be Exercised Sparingly, In Extra Ordinary Circumstances: Allahabad HC Reiterates
The Allahabad High Court has reiterated that writ should not be granted for expeditious disposal of civil suits routinely. Only when extraordinary circumstances are shown, such directions for expeditiously disposal within a fixed period should be granted.The bench comprising of Justice Ashutosh Srivastava placed reliance on earlier decisions of the Allahabad High Court in Ali Shad Usmani vs....