Allahabad High Court Weekly Round-Up: November 27 To December 3, 2023

NOMINAL INDEX Mahadev Singh Dal Bahadur Singh v. State Of U.P. Thru. Prin. Secy. ( Revenue), Lko. And Others 2023 LiveLaw (AB) 454 Smt. Mobin And Another v. Dy. Director Of Consolidation And 6 Others 2023 LiveLaw (AB) 455 Rohit Chaturvedi v. Smt Neha Chaturvedi 2023 LiveLaw (AB) 456 Ramlala v. State Of U.P. And 4 Others 2023 LiveLaw (AB) 457 Maa Vindhya Stone Crusher Company...

'Look Into Cow Slaughter Cases Across State Seriously': Allahabad High Court Directs UP Govt

The Allahabad High Court has asked the Uttar Pradesh government to look into the Cow Slaughter cases registered within the state seriously. This implies a call to the state police to thoroughly investigate and give serious attention to such cases involving the killing of cows across the state.The Court directed so while expressing its displeasure with a personal affidavit filed on behalf...

Litigants Must Choose One Forum, They Don't Have Kangaroo Right To Hop Between Allahabad & Lucknow Benches: Allahabad HC

In a significant observation, the Allahabad High Court has held that though a petitioner has the right to choose the forum to file a writ petition, he/she cannot be permitted to hop between two jurisdictions without cogent reasons.The Court further observed that under Clause-14 of the United Provinces High Court (Amalgamation) Order, 1948 petitions at Lucknow can be transferred by the...

PIL Moved In Allahabad High Court Challenging UP Govt's Order Revising Wages Of Prisoners

Recently, a Public Interest Litigation (PIL) plea has been moved before the Allahabad High Court challenging the Uttar Pradesh Government's August 2023 order revising the wages of prisoners.The Government order was issued in August this year following serious concerns raised by a bench comprising of then Chief Justice Pritinker Diwaker and Justice Saumitra Dayal Singh regarding the behaviour...

Allahabad HC Releases Man Jailed For 11 Months Following NBW In State's Appeal Against Acquittal Sans Producing Him In HC, Calls His Custody Illegal

The Allahabad High Court recently released a man on bail noting that he was arrested (and not produced before the HC) pursuant to the issuance of Non-Bailable Warrants by the HC while the State's appeal against his acquittal in a criminal case was pending before the HC. Calling the accused-respondent's custody 'illegal' and his arrest 'groundless', the bench of Justice Arvind Singh Sangwan...

Allahabad HC Denies Bail To An 'Ojha' Accused Of Raping 15 Y/O Girl On Pretext Of Curing Her Through Religious Methods

The Allahabad High Court last week denied bail to an 'Ojha' (exorcist) for allegedly raping a 15-year-old girl under the pretext to provide treatment to her through religious methods. A Bench of Justice Sameer Jain noted that the accused was not entitled to be released on bail as he had been accused of raping the 15-year-old girl while she was alone with him in a room. Essentially,...

Succession Act 1925 | Appeal Against Civil Judge Order Denying Succession Certificate Lies Before District Judge Not HC: Allahabad High Court

The Allahabad High Court has held that an appeal against the order of a Civil Judge rejecting a plea for the issuance of a succession certificate would lie before the District Judge under Section 388(2) of the Indian Succession Act, 1925, and not before the High Court under Section 384 of the Act.The Court held that the legislative intent was to provide for an appellate mechanism before...

Direct Tax Vivaad Se Vishwas Act | Out-Of-Court Settlement Not Litigant's Fundamental Right, Can Be Availed Only As Per Law: Allahabad HC

While dealing with a rejection order under the Direct Tax Vivaad Se Vishwas Act, 2020, the Allahabad High Court has held that a litigant does not have a fundamental or inherent right to claim settlement of dispute outside court. The right being created by statute must be availed in accordance with it.The bench comprising of Justice Saumitra Dayal Singh and Justice Shiv Shanker Prasad...

[Backlog Of Cases] Allahabad HC Urges Counsels To Avoid Seeking Adjournments, Citing Multiple Case Laws On A Single Point

In a significant observation, the Allahabad High Court has said that the Judges of the HC are making efforts to address the issue of case pendency by speeding up the dispensation of justice, however, the cooperation of the advocates is also required to reduce the backlog of unresolved cases. The Court also urged all the Counsels appearing before the Court to contribute to the...

Allahabad High Court Allows State's Plea To Drop A Criminal Case Against UP's Cabinet Minister Dr. Sanjay Nishad

The Allahabad High Court has allowed the state government's application to withdraw a criminal case, lodged in 2015 under the Railways Act, against Uttar Pradesh's Cabinet Minister Dr. Sanjay Kumar Nishad. A bench of Justice Raj Beer Singh passed this order while dealing with a Criminal revision plea filed by the State Government challenging the order passed by Additional CJM,...

GST | No Real Use In Relegating Cases Of Undisputed Facts To Forum Of Alternate Remedy : Allahabad High Court

The Allahabad High Court has held that tax cases where the facts are undisputed and there are issues of jurisdiction and violation principles of natural justice involved may not be relegated to the Authorities.The Court held that cases where minimum statutory compliances have been made are generally relegated to the forum of alternate remedy. The bench comprising of Justice Saumitra Dayal...

Income Tax Authority Cannot Dissect An Otherwise Indivisible Contract In Absence Of Legal Provision: Allahabad High Court

The Allahabad High Court has held that an otherwise indivisible contract cannot be dissected by the authorities under the Income Tax Act, in absence of any legal provision allowing such dissection.Agreeing with the principals laid down by the Punjab and Haryana High Court and Karnataka High Court in Pr. Commissioner of Income Tax, TDS-II, Chandigarh Vs. The Senior Manager (Finance), Bharat...