Notice For Blacklisting Must Specify Consequence On Failure To Meet Grounds By Noticee: Allahabad High Court

The Allahabad High Court has held that show cause notice for blacklisting must include the grounds on which blacklisting is being proposed in a clear manner. The Court has held that any action proposed to be taken against the party on failure to meet the grounds, must be mentioned in the notice clearly and unambiguously. A bench comprising of Chief Justice Pritinker Diwaker and Justice...

PIL In Allahabad High Court Seeks Appointment Of Presiding Officers In 12 Labour Courts/ Industrial Tribunals In UP

A public interest litigation has been filed in the Allahabad High Court seeking appointments to the post of Presiding Officers in twelve Labour Court/ Industrial Tribunals in the State of Uttar Pradesh. In the PIL, it has been alleged that officials of the State and Union Government are not discharging their obligations under the U.P. Industrial Disputes Act, 1947 by keeping the said posts...

Allahabad HC Rejects Masjid Committee's Plea To Defer Hearing In ‘Gyanvapi Title Dispute’ Cases, Matters To Be Heard On October 4

The Allahabad High Court last week REJECTED an application filed by the Anjuman Intezamia Masjid Committee, which manages the Gyanvapi Mosque in Varanasi, to defer a hearing in the Gyanvapi-Kashi Kashi Vishwanath-Gyanvapi land title dispute cases, presently pending before the Chief Justice. The application, filed on September 18, prayed that the hearing in the cases be not conducted...

Vrindavan Banke Bihari Temple Revamp Plan: ‘Don’t Touch Temple’s Money, Leave Worship Rituals To Sevayats’: Allahabad HC To State

Dealing with a bunch of Public Interest Litigation (PIL) pleas filed with regard to the safety and security of pilgrims visiting Banke Bihari Temple in Vrindavan, the Allahabad High Court today asked the State Government to not interfere with the Worship rituals of the Temple and to not 'touch' the money of the temple management. A bench of Chief Justice Pritinker Diwaker and...

Allahabad High Court Weekly Round-Up: September 18 To September 24, 2023

NOMINAL INDEX Dr Virendra Singh v. State Of U.P. And 8 Others 2023 LiveLaw (AB) 333 The Commissioner, Commercial Tax v. M/S Ramway Foods Ltd 2023 LiveLaw (AB) 334 Shakeel Ahmed vs. State of U.P. and connected matters 2023 LiveLaw (AB) 335 Sushil Kumar And 2 Others vs. Legislative Council U.P. Lko. Thru. Prin. Secy. And 11 Others 2023 LiveLaw (AB) 336 Anita Devi And Another...

Court’s Nod Not Required To Transfer Investigation To Another Police Station Even After Submission Of Chargesheet: Allahabad HC

The Allahabad High Court has observed that even after the submission of a charge sheet, the investigation of a case can be transferred to the police of another police station and there is no necessity to obtain permission from the concerned court. The bench of Justice Umesh Chandra Sharma also said that even after the Court took cognizance of any offence, on the strength of...

GST Act | If Invoice Or Any Other Specified Document Is Accompanying Goods, Then Consigner Or Consignee Are Deemed To Be Owner: Allahabad HC

The Allahabad High Court held that if goods are accompanied by invoices or any other document as specified, either the consignee or the consigner shall be deemed owner of the goods. Penalty, if any, should be imposed under Section 129(1)(a) of the Goods and Services Tax Act, 2017. Petitioner was transporting a consignment for M/s Tata Steel Ltd. from Odisha to Pilkhua. Due to breakdown of...

Doctrine Of Severability Applicable To Arbitral Awards, If Good Part Can Survive On Its Own: Allahabad High Court

The Allahabad High Court has held that doctrine of severability can be applied to arbitral awards for separating the good part from the bad, provided they are independent of each other and findings in the award are not substituted by the Court. The bench comprising of Justices Manoj Kumar Gupta and Vikram D. Chauhan held,“We have thus, no hesitation in holding that scheme of the Act does...

7 Additional Judges Of Allahabad High Court Take Oath As Permanent Judges

On 22nd September the Central Government issued a notification for appointment of seven additional judges of the Allahabad High Court as Permanent Judges. Today, Chief Justice Pritinker Diwaker administered them oath of office:Justice Umesh Chandra SharmaJustice Renu AgarwalJustice Ram Manohar Narayan MishraJustice Mayank Kumar JainJustice Shiv Shanker PrasadJustice Gajendra KumarJustice...

Passing Of Final Order Pursuant To Remand Does Not Render Appeal Under Order XLIII Rule 1(U) CPC Defunct: Allahabad High Court

The Allahabad High Court has held that passing of a subsequent order on point of remand does not take away the substantive right of appeal against the order of remand itself.Order XLIII Rule 1(u) CPC makes an order under Rule 23 or Rule 23-A of Order XLI remanding a case, appealable.“The order of remand under the statutory scheme would, therefore, be seen to have independent existence...

Gravity Of Misconduct, Past Conduct, Previous Penalty Necessary Factors Before Dismissal From Service: Allahabad High Court

The Allahabad High Court has held that while awarding major punishment of dismissal from service, surrounding factors along with past record need to be considered by the disciplinary authority.“Gravity of misconduct, past conduct, nature of duties, position in organisation, previous penalty, if any and requirement of discipline to be enforced were relevant to be considered by the...

Allahabad High Court Waives Cooling Off Period For Mutual Divorce; Says Courts Must Depart From Conservative Approach

The Allahabad High Court has set aside the order of the Family Court directing parties to mediation, instead of waiving the cooling off period after almost eight years of living separately. The Court held that with changing times, the Court should be mindful of the realities and depart from obsolete and conservative approach in matrimonial disputes.The bench comprising of Justices Saumitra...