Reliance On Wrong Precedent Renders Decision 'Erroneous', Can't Be Corrected Under 'Review Jurisdiction': Allahabad High Court

While rejecting a review application, the Allahabad High Court has reiterated that review cannot be granted merely because the bench giving the decision relied on allegedly wrong precedence of the Apex Court. Review jurisdiction can only be exercised if there is an error apparent on the face of the record. Relying on the decision of the Apex Court in S. Madhusudhan Reddy v. V Narayana Reddy...

Compassionate Appointment Cannot Be Granted 26 Years After Employee's Death: Allahabad High Court

The Allahabad High Court held that compassionate appointment is granted to tide over the immediate hardships of the family due to untimely demise of the earning hand and it cannot be granted after a lapse of 26 years from the death of the employee.“...What is most important is that 26 years have indeed elapsed since the petitioner's mother passed away. During this long passage of time, as...

Allahabad High Court Judges Disagree On Grant Of Interim Relief To Indiabulls Officials' In Shipra Group's FIR

On Friday, a division bench of the Allahabad High Court comprising Justices Vivek Kumar Birla and Rajendra Kumar-IV delivered a split decision on interim plea to stay the FIRs under Sections 420 and 120B of IPC against the officers of Indiabulls Housing Finance Ltd., lodged by Mohit Singh, Director of Shipra Estate.Indiabulls Housing Finance Ltd. (IHFL) sanctioned 16 loan facilities of...

First Wife Can File Application U/S 11 Hindu Marriage Act For Declaration Of Husband's Second Marriage As Void: Allahabad High Court

The Allahabad High Court has upheld the right of the first wife to file an application under Section 11 (void marriages) of the Hindu Marriage Act, 1955 for declaration of her husband's second marriage as void. On the harmonious reading of the Family Courts Act, 1984 and the Hindu Marriage Act, 1955, bench comprising of Justices Saumitra Dayal Singh and Vinod Diwakar held:“If the first wife...

Ex-Parte Order Can Be Recalled At Behest Of Necessary Party That Is Non-Party To A Case: Allahabad High Court

The Allahabad High Court has held that every Court and Tribunal have inherent power to set aside an ex-parte order as it amounts to ‘procedural review’ and is distinct from the statutory power to review a case on merits. Justice Yogendra Kumar Srivastava held that revenue authorities can recall an ex-parte order, passed without grant of notice or opportunity to the affected party, to...

Goods In Transit Can’t Be Treated As Non-Traceable In Presence Of Tax Invoice, E-Way Bill And Bilty: Allahabad High Court

The Allahabad High Court has quashed the penalty order passed in Form MOU-09 under Section 129(1)(b) of the Goods and Services Tax Act, 2017 on the grounds that the goods in transit were duly accompanied by the tax invoice, e-way bill, and bilty.The bench of Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava has relied on the decision of the Allahabad High Court in the case of...

BREAKING: [Gyanvapi ASI Survey] Allahabad HC Reserves Order For August 3, Stay On ASI Survey Extended Till Then

The Allahabad High Court today stayed the ASI Survey of the Gyanvapi Mosque Premises till Thursday (August 3). On that day, the HC would pronounce its order on the Anjuman Intezamia Masjid Committee's challenge to the Varanasi District Judge's July 21 ASI Survey order of the Gyanvapi Mosque.The bench of Chief Justice Pritinker Diwaker passed this order after hearing both parties...

GST | Show Cause Notice Must Contain Foundation Of Case On Which Action Is Necessitated: Allahabad High Court

The Allahabad High Court has held that show cause notice must contain the foundation of the case based on which action is being necessitated. In case, the show cause notice is sufficient, assessee has remedy of filing reply/objections before the concerned authorities. A bench comprising of Justices Siddhartha Varma and Arun Kumar Singh Deshwal held that there are two primary requirements...

BREAKING: [Gyanvapi] Allahabad High Court Extends Stay On ASI Survey Till Thursday, Matter To Be Heard At 3:30 PM Tomorrow

The Allahabad High Court today stayed the ASI Survey of the Gyanvapi Mosque Premises till Thursday. The matter will be heard tomorrow at 3:30 p.m. ASI Official has been directed to appear before the court tomorrow.The bench of Chief Justice Pritinker Diwaker passed this order today while hearing the Anjuman Intezamia Masjid Committee's challenge to the Varanasi District Judge's July 21 ASI...

Gyanvapi| 'Have Strong Doubts About Survey Work To Be Carried Out By ASI': Allahabad HC Seeks Presence Of ASI Official At 4:30 PM Today

On the second day of the hearing of the Anjuman Intezamia Masjid Committee's challenge to the Varanasi District Judge's July 21 ASI Survey order of the Gyanvapi Mosque, the Allahabad High Court today expressed its "strong doubts" regarding the work to be carried out by the Archaeological Survey of India (ASI) at the Mosque premises. The oral observation was made by the bench of Chief...

Allahabad High Court Weekly Round-Up: July 17 To July 23, 2023

NOMINAL INDEX Dr. S.C. Asthana vs. State Of U.P. Through Principal Secy. Medi.And Hel. And Another 2023 LiveLaw (AB) 217 XYZ vs. Union Of India Thru. Secy. Ministry Of Home Affairs New Delhi And Others 2023 LiveLaw (AB) 218 Neelam Devi vs. State Of U.P.Thru Prin.Secy.Co-Operative Lko And Ors 2023 LiveLaw (AB) 219 Ram Vilas vs. State Of U.P. And 4 Ors 2023 LiveLaw...

Gyanvapi| 'ASI Survey Will Create Some Upheaval In Country': Mosque Committee Argues In High Court Challenging Varanasi Court Order

Challenging the Varanasi Court's order passed on July 21 for the ASI survey of the Gyanvapi Mosque Premises, the Anjuman Intezamia Masjid Committee, which takes care of 22 mosques, including the Gyanvapi submitted today in the Allahabad High Court that the proposed ASI Survey will create some upheaval in the country.The submission was made before the bench of Chief Justice Pritinker Diwaker...