Allahabad High Court
UPVAT Act | Family Entitled To Insurance Money Under Group Insurance Policy If Registration Valid On Date Of Death Of Registered Dealer: Allahabad HC
The Allahabad High Court held that if registration under the Uttar Pradesh Value Added Tax Act, 2008 was subsisting on the day of his death, his family would be entitled to insurance claim under the Group Insurance Policy.The bench comprising of Justices Saumitra Dayal Singh and Surendra Singh-I held“If the deceased held a registration certificate prior to the occurrence of his death and...
Govt Officers Must Be Counselled, Made Aware Of Recent Judicial Rulings To Avoid Frivolous Matters Clogging Courts: Allahabad HC
While dealing with a petition challenging recovery under Section 27 (Surcharge) of the UP Panchayat Raj Act, the Allahabad High Court has observed that the state functionaries/ officers must be aware of recent issues settled by the Courts to avoid frivolous litigation from clogging the Courts. “This Court feels that adequate exercise for counselling of officers, who remain oblivion...
NI Act | Notice Deemed To Be Served If Proved To Be Sent By Registered Post On Correct Address: Allahabad High Court
The Allahabad High Court has held that in the ordinary course of business, notice is deemed to be served if it has been proved to be sent through registered post to the correct address.While deciding the issue of the date of service of demand notice under the Negotiable Instruments Act, of 1881, Justice Jyotsna Sharma held“In the instant case, the trial court seems to have drawn a...
Writ Ordinarily Not Maintainable Against Findings Of Fact By Full Bench Of Lokpal Of India: Allahabad High Court Imposes Cost Of 25k
The Allahabad High Court recently imposed cost of Rs. 25,000 on a party seeking to challenge the findings of the Full Bench of Lokpal of India in a complaint made by him.The bench comprising of Justices Mahesh Chandra Tripathi and Prashant Kumar held that findings of fact cannot be gone into by the High Court in writ jurisdiction, when the same have been considered in detail by a Full Bench...
Cricket World Cup 2023 | Allahabad HC Disposes PIL Against Ticket Price Disparities For Matches In Lucknow
The Allahabad High Court recently disposed of a Public Interest Litigation (PIL) plea highlighting concerns about price disparities in tickets for the ICC Cricket World Cup 2023 matches to be held at Bharat Ratna Shri Atal Bihari Vajpayee Ekana Cricket Stadium, Lucknow. A bench of Justice Attau Rahman Masoodi and Justice Om Prakash Shukla gave the liberty to the petitioner,...
Respectful Last Rites Part Of Art. 21: Allahabad HC Takes Suo Moto Cognizance Of Woman’s Skeleton Lying In Morgue For 3 Yrs
The Allahabad High Court recently took suo moto cognizance of a newspaper disclosing that the skeletal remains of a woman have been locked up in a morgue in Etawah, Uttar Pradesh for the past three years. It has directed the state government to provide a detailed report on the matter. The bench comprising Chief Justice Pritinker Diwaker and Justice Ajay Bhanot observed thus:...
'Surprising That A Minor Boy Dependent Upon Father Wants To Be In A Live-In Relation': Allahabad HC Denies Relief To A Couple
While dismissing an FIR quashing plea filed by a live-in relationship couple, involving a minor boy and a major girl), the Allahabad High Court expressed ‘surprise’ that the minor boy, dependent upon his father, wants to be in a live-in relationship. A bench of Justice Rahul Chaturvedi and Justice Mohd. Azhar Husain Idrisi observed thus while dealing with a plea filed by...
No Provision For Taxing Stock Transfer From One Unit To Another Within State: Allahabad High Court Quashes Penalty Order
The Allahabad High Court has held that there is no provision for taxing goods (stock transfer) being transported from one unit of the assesee to another within the State of Uttar Pradesh. The Court further held that intention to evade tax cannot be attributed on movement of assesse's goods from one unit to another.Petitioner's goods were being transported from one unit to another in the State...
'Such Relations Are Often Timepass, More Of Infatuation Sans Sincerity': Allahabad HC On Inter-Religious Couple's 'Live-In' Union
While dismissing a plea filed by an interfaith live-in couple seeking protection from the police as they continue to be in a live-in relationship, the Allahabad High Court recently observed that such relationships are more about infatuation for the opposite sex without any sincerity and they often result into timepass.Though accepting that the Supreme Court has, in several cases, validated...
Right To Extension Of Lease Either Flows From Statutory Provision Or From Terms Of Lease Between Parties: Allahabad High Court Reiterates
The Allahabad High Court has held that right to extension of lease can either be derived from a statutory provision or from the terms of lease deed entered into by the parties. No extension can be granted because judicial order prevented petitioner from carrying out mining activities.The bench comprising of Justices Siddhartha Varma and Manoj Bajaj relied on Dharmendra Kumar Singh Vs. State...
Award Holder Has The Choice To File An Execution Petition At The Place Of His Choice: Allahabad High Court Reiterates
The Allahabad High Court has held that it is the choice of the award holder to file an execution petition at the place of its choice and it need not necessarily approach the Court where the award was passed. The bench of Justice Pankaj Bhatia also held that merely because Section 16 of the Commercial Courts Act which provides for amendment to CPC does not include Order 21 within...
Allahabad High Court Issues Notice On PIL Alleging Illegal Seizure Of Cattle, Malpractices By NGOs
The Allahabad High Court issued notices in public interest litigation seeking strict compliance of The Prevention of Cruelty to Animals Act, 1960. The petitioner further prayed that guidelines be framed for seizure of animals and private NGOs be prohibited from keeping such animals without orders of Magistrate concerned.Petitioner organization claims to be involved in providing support to...