Allahabad High Court
UPVAT Rules | Stricter Approach To Be Followed Before Giving Benefit Of Exemptions/ Deductions: Allahabad High Court
The Allahabad High Court has held that though in case of doubt, taxing statues are to be interpreted in favour of the assesee. However, a stricter approach needs to be followed before giving the benefit of exemptions and deductions.“The general rule of law in taxing statutes is that in case of any doubt the benefit should be given to the assessee. However, in case of exemption and deduction...
Department Required To Serve Notice Upon Legal Representative Of Deceased Before Proceeding Under GST Act: Allahabad High Court
The Allahabad High Court has held that the Goods and Service Tax Department is required to serve notice upon the legal representative of a deceased before proceeding against the deceased under the Central Goods and Service Tax Act, 2017.Petitioner’s husband was the sole proprietor of the firm was engaged in providing services as a Consultant. A show cause notice was issued in the name...
'Huge Cache Of Arms & Ammunition Found In His Residence': Allahabad HC Denies Bail To UP MLA Abbas Ansari In Arms Licence Case
The Allahabad High Court (Lucknow Bench) on Monday denied bail to Uttar Pradesh MLA Abbas Ansari, son of the gangster-turned-politician Mukhtar Ansari, in an arms license case. In its order, a bench of Justice Subhash Vidyarthi stated that huge quantities of arms and ammunition had been recovered from Ansari’s premises in New Delhi. The bench also cited a potential risk of...
UP Prevention of Cow Slaughter Act 1955 Doesn't Bar Or Restrict Transportation Of Beef: Allahabad High Court
The Allahabad High Court has observed that the UP Prevention of Cow Slaughter Act 1955 and its associated Rules apply specifically to the transportation of cows, bulls, or bullocks into Uttar Pradesh from outside the state and thy do not prohibit the transportation of beef, as there is no provision within the Act or rules restricting the movement of beef. The observation was made by...
'Degrades' AG's Office: Allahabad HC Strikes Down Amendment Shifting Appointment Powers From Advocate General To Law Secretary
The Allahabad High Court has struck down the Uttar Pradesh Advocate General and Law Officer Establishment Service (Fourth Amendment) Rules, 2022 to the extent that they replace the Advocate General of Uttar Pradesh with the Principal Secretary (Law), State of Uttar Pradesh as the appointing authority of various posts.The principle Rules which govern the service conditions of the employees of...
NIA Act| Scheduled Offences Exclusively Triable By Special Courts Even If ATS/UP Police Probed Case: Allahabad HC
The Allahabad High Court has observed that any investigation which is done by the anti-terror squad or the UP police, so far as the offences specified in the schedule (in the NIA Act 2008) are concerned, are to be exclusively tried by the Special Courts set up under the 2008 Act. “...for the trial of all offences as specified in the schedule which are investigated by anti-terror squad...
Allahabad High Court Appoints Elders Committee For Election Of District Bar Association, Prayagraj
Due to continuous postponement of elections of District Bar Association, Prayagraj, the Allahabad High Court has appointed the Elders Committee for free and fair elections of the Bar Association.The bench comprising Justice Mahesh Chandra Tripathi and Justice Prashant Kumar, after due consultation with senior advocates of the Allahabad High Court appointed the following advocates of the...
Cow Slaughter Incidents Increasing Despite State Wide Ban, UP Police Not Serious In Probing Such Cases: Allahabad High Court
The Allahabad High Court last week expressed its strong displeasure over the State Police's laxity in investigating the FIRs registered under the U.P. Prevention of Cow Slaughter Act, 1955. The Court also observed that despite a state-wide ban on cow slaughter, such cases are increasing and whenever an FIR is lodged in such cases, the UP Police adopts a flexible attitude about...
My Transfer To Allahabad High Court By Collegium In 2018 Was Ill-Intended, To Harass Me: Retiring CJ Pritinker Diwaker
Retiring Chief Justice of Allahabad High Court Justice Pritinker Diwaker on Tuesday said that his transfer from Chhattisgarh High Court to the Allahabad High Court by the Collegium led by then CJI Deepak Misra in 2018 was "ill-intended" and meant to "harass" him.“My transfer order seems to have been issued with an ill intention to harass me," Justice Diwaker said adding "however, as...
Does Centre's Scheme For Compassionate Appointment/ Payment Of Ex Gratia By Banks Operate Retrospectively? Allahabad HC Full Bench To Decide
The Allahabad High Court has referred to a larger bench the question whether Central government's Scheme for Appointment on Compassionate ground/Payment of Ex gratia, which has been adopted by several regional banks, would operate retrospectively.As per Clause 8 of the Scheme, application for compassionate appointment could be filed within five years of death of an employee.In the case...
Vrindavan Banke Bihari Temple | Allahabad HC Gives Nod To UP Govt's Corridor Plan Sans Affecting Darshan, Restricts Use Of Deity's Fund
Relying on Articles 25 and 26 of the Constitution of India, the Allahabad High Court has given a nod to the development of the Vrindavan (Mathura) Banke Bihari Temple Corridor, a plan proposed by the Uttar Pradesh Government. The Government has further been directed to remove the encroachment in and around the templeThe Court has, however, restrained the UP Government from using...
Continuing Deductions Made Under Previous Scheme Do Not Defeat Right Of Employee To Claim Automatic Benefit Of New Pension Scheme: Allahabad HC
The Allahabad High Court has held that without specific evidence in the manner contemplated under Office Memorandum, an employee could not have been said to have opted for staying under a previous pension scheme.“The fact that the Union of India may have continued to make deductions under the CPF scheme did not militate or defeat the substantive right that arose to the respondent to...