Allahabad High Court
In GST Regime All Details Are Available On Portal Of GST Department, Department Must Verify: Allahabad High Court Quashes Penalty Order
The Allahabad High Court has held that in the GST regime all details and returns filed are available on the portal of the GST Department and the authorities can verify from the portal the amount of tax deposited after filing of GSTR -1 and GSTR 3 B.While quashing the penalty order, Justice Piyush Agrawal held “Under the GST regime all details are available in the portal of GST department....
Allahabad High Court Imposes Rs.5 Lakh Cost On State For Harassing Widow By Illegally Acquiring Her Land In 1998
The Allahabad High Court has imposed a cost of Rs.5 Lacs on the UP government for illegal acquisition of land of a widow in 1998. The cost was imposed on grounds that the widow has been harassed and made to run from pillar to post for getting compensation for the illegal possession of her land by State Public Works Department.While holding that no person can be dispossessed of his/ her...
Allahabad HC Directs UP Govt To Specify Arrangements Made, Budget Allocated For Medical Treatment Of Abandoned Patients Across State
The Allahabad High Court has directed the Uttar Pradesh Government to specify details of the arrangements made and the budget allocated by it for the effective medical treatment of unattended/abandoned patients which come to the notice of the public or any public authority or a public-spirited person. A bench of Justice Attau Rahman Masoodi and Justice Om Prakash Shukla passed this...
Indecent Video Circulation On Social Media A 'Major Menace' For Society, UP Police's Probe Quality 'Weak' In Such Cases: Allahabad HC
Observing that the circulation of indecent videos on social media is a major menace which is degrading our society, the Allahabad High Court recently stressed that in such cases, the police authorities must ensure the highest proficiency while conducting probes. Importantly, the bench of Justice Ajay Bhanot was also of the view that the quality of investigations of UP Police in...
S.17 Uttar Pradesh Lokayukta And Up-Lokayuktas Act Not A Bar On High Court's Jurisdiction Under Article 226: Allahabad High Court
The Allahabad High Court has held that the bar created in Section 17 of the Uttar Pradesh Lokayukta and Up-Lokayuktas Act, 1975 on review of its decision by any court, does not apply to High Court's jurisdiction under Article 226 of the Constitution of India. While dealing with suspension order based on the recommendations of the Lokayuta, Justice J.J. Munir held,“This Court must remark...
Ramcharitmanas Row| 'Remarks Prima Facie Provoked People To Incite Riots': Allahabad HC Denies Relief To UP MLC Swami Prasad Maurya
The Allahabad High Court last week REJECTED UP MLC and Samajwadi Party Leader Swami Prasad Maurya's plea to quash entire criminal proceedings in the case lodged against him for his alleged controversial remark over Hindu epic Ramcharitmanas. Observing that healthy criticism does not mean that such words are used that prompt people to commit crimes, a bench of Justice Subhash...
No Explanation Of 'Sufficient Cause', No Special Concessions To Govt Body For Limitation Vis-A-Vis Commercial Courts Act: Allahabad High Court
The Allahabad High Court has held that no special concession can be granted to government bodies for condoning delay under Commercial Courts Act, 2015 if sufficient cause is not shown in application for delay condonation.Following the judgement of the Supreme Court in Government of Maharashtra vs. M/s Borse Brothers Engineers and Contractors, Justice Om Prakash Shukla held that appeal...
Filing An Anticipatory Bail Application During Pendency Of Regular Bail Plea Is Misuse Of Process Of Court: Allahabad HC
The Allahabad High Court last week observed that filing an anticipatory bail application, while there being a regular bail application pending, is a misuse of the process of the Court. The bench of Justice Krishan Pahal observed thus while rejecting an anticipatory bail plea filed by one Banti Sharma, booked under Sections 420, 406 IPC for allegedly usurping the money of...
S.34 Arbitration Act | Court Has Power To Recalculate Compensation Awarded Under NHAI Act: Allahabad High Court
The Allahabad High Court held that the Court adjudicating upon arbitral award under Section 34 of the Arbitration and Conciliation Act, 1996 has the power to recalculate compensation awarded under the National Highway Authority of India Act, 1956.The bench comprising of Justice Jaspreet Singh held that if the calculation of compensation is patently illegal and the award is against the...
Does 'Asian Resurfacing' Judgment Require Reconsideration?: Allahabad HC Larger Bench Frames 10 Legal Questions For SC's Deliberation
On Friday, a three-judge bench of the Allahabad High Court rejected the reference made to it regarding consideration of the directions given by the Supreme Court in paragraphs 34, 36, and 37 of the judgment in Asian Resurfacing of Road Agency Private Limited and Another vs. Central Bureau of Investigation 2018. The bench comprising of Chief Justice Pritinker Diwaker, Justice Ashwani...
Plea Moved In Allahabad HC Against Varanasi Court's Order Refusing To Direct ASI To Survey Gyanvapi Mosque's Wuzukhana Area
A Civil Revision plea has been moved before the Allahabad High Court challenging the Varanasi District Judge’s October 21 order refusing to direct the Archeological Survey of India (ASI) to undertake a survey of the Wazukhana area (except for the 'Shiva Linga') inside the Gyanvapi Mosque. The revision plea has been moved by Rakhi Singh (through Advocates Saurabh Tiwari), who is...
Police Recruitment Exam Should Test Candidates For Reasoning And Logic, Not Physics: Allahabad High Court Orders Recalculation Of Results
While dealing with the challenge to answer in the selection process under U.P. Police (Constable and Head Constable) Service Rules, 2015, the Allahabad High Court has held that the candidates appearing in examination for appointment in police force are tested for logic and reasoning, not for science. Observing that complete hands off approach of no interference has not been suggested by...