Criminal Antecedents In Bar Pose Threat To Rule Of Law: Allahabad High Court Seeks Details Of Cases Pending Against Advocates In UP

Invoking the High Court's jurisdiction under Article 227 of the Constitution, the Allahabad High Court last week directed the Director General of Police, Uttar Pradesh and the Director General of Police (Prosecution) to submit comprehensive statewide data on criminal cases pending against advocates enrolled with the Bar Council of Uttar Pradesh. A bench of Justice Vinod Diwakar sought...

₹1200 Honorarium Per Month 'Illusory'; Part-Time Police Station Sweepers Entitled To Minimum Wages Under 1948 Act: Allahabad High Court

In a significant order, the Allahabad High Court recently ruled that part-time sweepers employed at police stations are entitled to be paid under the Minimum Wages Act, 1948, irrespective of their temporary status. A bench of Justice JJ Munir specifically observed that the 'illusory' honorarium of Rs. 1,200 per month, fixed by a 2019 Government Order, cannot override...

Gun License Can't Be Cancelled Without Proving Rule 32 Violation Under Arms Rules, 2016: Allahabad High Court

The Allahabad High Court has held that as per Rule 32 of the Arms Rules 2016, it is essential that the adjudicating authority decides whether a violation of the relevant rules took place, prior to cancelling a firearm license.“From the reading of Rule 32, it is clear that before a licence can be cancelled under Rule 32, it is necessary that the authority forms an opinion as to whether...

Cops Haven't Come A Long Way From Days Of 'Dred Scott' Case: Allahabad High Court Slams Taking 'Kabza' (Possession) Of Woman

In a scathing indictment of police high-handedness, the Allahabad High Court recently come down heavily on the Uttar Pradesh Police officials for recording the detention of a woman as taking her into 'possession' (Kabza) in an attempt to circumvent an HC order. The Court took strong exception over the fact that a fard or memo of possession relating to a woman had been prepared by the...

GST Authorities Cannot Act Against Transporter Of Goods When Genuine E-Way Bill Present: Allahabad High Court

The Allahabad High Court has held that under GST Act, the department cannot proceed against an assessee for transport of goods, if a genuine e-way bill is present along with the consignment. Justice Piyush Agarwal held that this would be especially impermissible if the validity of the e-way bill was not disputed by the authorities. “Once the goods in question is duly accompanying...

'Stranger' To Case Can't Seek Bail Cancellation; Expanded 'Victim' Rights Not For Vengeance: Allahabad High Court Imposes ₹25K Cost

Coming down heavily on the 'abuse' of the legal process to settle personal scores, the Allahabad High Court recently observed that only a 'victim' within the meaning of CrPC and BNSS can seek cancellation of bail granted to an accused. Thus, dismissing a bail cancellation plea moved by a person unconnected to the original crime, a Bench of Justice Krishan Pahal imposed a cost of...

HC Cannot Issue Writ To Compel Arbitrator To Decide Dispute After Expiration Of His Mandate: Allahabad High Court

The Allahabad High Court has recently clarified that it cannot issue a writ of mandamus to compel an arbitrator to decide compensation disputes relating to land acquisition for making national highways, once his mandate has expired under the Arbitration and Conciliation Act, 1996. A Division Bench of Justice Mahesh Chandra Tripathi and Justice Kunal Ravi Singh observed...

Banks Can't Unilaterally Reduce Contracted Interest Rate On FDRs After Issuance Citing Internal Circulars : Allahabad High Court

The Allahabad High Court has ruled that a bank is not justified in unilaterally reducing the rate of interest on Fixed Deposit Receipts (FDRs) after their issuance. A bench of Justice Ajit Kumar and Justice Swarupama Chaturvedi said that the issuance of an FDR with a specified rate constitutes a binding contractual obligation and the bank cannot retrospectively alter the terms to...

'Can't Ignore Hostile Indo-China Relations; No Extradition Treaty': Allahabad HC Denies Bail To Chinese National In Visa Forgery Case

The Allahabad High Court has rejected the bail application of a Chinese national accused of tampering Visa, illegal stay in India and economic offences observing that the Court cannot ignore the relationship of India with China by overlooking the mandate of Section 57(11) Evidence Act. A Bench of Justice Arun Kumar Singh Deshwal noted that given the hostile relationship at...

'Violative Of Right To Livelihood' : Allahabad HC Quashes 'Permanent Residents Only' Condition For E-Rickshaw Registration In Lucknow

The Allahabad High Court on Wednesday struck down a government order that restricted the registration of new E-rickshaws and E-autos solely to permanent residents of Lucknow. A bench of Justice Shekhar B. Saraf and Justice Brij Raj Singh, termed the restriction 'arbitrary' and a clear violation of Articles 14, 19(1)(g), and 21 of the Constitution of India. "Lucknow being the...

Cancellation Of GST Registration Announces Economic Death Of Business Entity; Reasoned Order Needed: Allahabad High Court

The Allahabad High Court has observed that the cancellation of GST registration of a business entity leads to it economic death and it is sine qua non that a reasoned order is passed by the authority for cancelling the registration of an assesee. The bench of Justice Saumitra Dayal Singh and Justice Indrajeet Shukla observed: “We are equally mindful that the order of cancellation...

Alleged Oral Consent Not Sufficient For Acquiring Land To Construct Road, Proper Proceedings Needed: Allahabad High Court

The Allahabad High Court has recently held that alleged oral consent of the land holder is not enough to construct a road over his land. For such construction, the land must be acquired through proper procedure prescribed in law.Holding that consent for land use for public passage will not amount to adverse possession of the State, the bench of Justice Shekhar B. Saraf and Justice Prashant...