Withholding Retiral Benefits Of Employees A Sin, Public Functionaries Obliged To Be People-Oriented: Allahabad High Court

In a recent case seeking post-retiral benefits, the Allahabad High Court has held that withholding retiral dues is not only arbitrary but also a sin in the absence of provisions penalising such actions of employers, especially the State instrumentalities.Justice Kshitij Shailendra observed that such withholding was morally and socially obnoxious. “Withholding of retiral benefits of...

'Such Dead Claim Ought Not To Be Revived': Allahabad High Court Dismisses Application For Appointment Of Arbitrator Filed After 20 Yrs

The Allahabad High Court recently dismissed an application for the appointment of an arbitrator filed under Section 11(4) of the Arbitration and Conciliation Act, 2016 holding that such application being filed after 20 years of occurrence of dispute is bared by delay and laches. Noting that an arbitration clause existed in the agreement between the parties, Justice Ashwani Kumar Mishra held...

Allahabad High Court Launches Online Portal To Access Hindi Translations Of Recent SC, HC Judgments

The Allahabad High Court has launched an online portal for the general public to gain access to Hindi translations of the Court's judgments. The portal was officially launched on Friday under the chairmanship of Chief Justice Pritinkar Diwakar. The portal can be reached here: https://elegalix.allahabadhighcourt.in/elegalix/translation/vernacular.htmlIn March this year, the High Court...

Vires Of Rule 96(10) CGST Rules Challenged Before Allahabad High Court

A petition has been filed before the Allahabad High Court challenging the validity of Rule 96(10) of the Central Goods and Service Tax Rules, 2017 which has been inserted vide notification No. 54/ 2018-CT dated 09.10.2018. It has been stated in the plea that the said Rule is ultra vires Section 16 (Zero Rated Supply) of the IGST Act read with Section 54 (Refund of Tax) of the CGST Act and...

BREAKING | Gyanvapi-Kashi Title Dispute: Days After Reserving Verdict, A Different Bench Of Allahabad HC To Hear Matter On August 28

In a significant development, a different bench of Allahabad High Court will hear the Kashi Vishwanath-Gyanvapi Mosque land title dispute cases. This comes exactly a month after a different bench (comprising Justice Prakash Padia), which had been hearing the matter since August 2021, concluded the hearing and reserved the orders in the matter on July 25.As per the HC's Casuelist of August 28,...

Explain Non-Compliance Of Court's Order In PIL Over 'Misleading' Ads By Padma Awardees: Allahabad HC To Cabinet Secy Rajiv Gauba

The Allahabad High Court on Thursday issued a notice to Cabinet Secretary Rajiv Gauba seeking his response to a contempt plea moved for non-compliance with the High Court's September 2022 order in a PIL Plea directing the central government authorities to attend to the grievance raised by the petitioner concerning the participation of certain Padma awardees in 'misleading' advertisements that...

'Relationship Between Logic & Experience Important While Invoking Precedents': Allahabad High Court Rejects Anticipatory Bail

The Allahabad High Court on Thursday held that while invoking judicial precedents to decide a case with similar facts and circumstances, it was important to understand the relationship between logic and experience and reiterated that they cannot be applied mechanically. Holding so, Justice Krishan Pahal rejected the anticipatory bail moved by the mother of the deceased who died in her house...

Police's Inability To Timely Serve Summons, Execute Coercive Processes Violates Right To Speedy Trial Of Accused: Allahabad High Court

In a significant observation, the Allahabad High Court has said that the failure of the state police to serve the summons and execute coercive processes issued by the court is affecting the fundamental rights of the accused and their right to obtain bail in a timely manner."Rights of the accused to a speedy trial under Article 21 of the Constitution of India are being violated and...

Though Mutawalli Of Wakf Board Is A 'Public Servant', He Isn't Entitled To Protection U/S 197 CrPC: Allahabad High Court

The Allahabad High Court has held that a mutawalli of the wakf board, despite being deemed to be a public servant, is not entitled to protection under Section 197 CrPC (Prosecution of Judges and Public Servants). The bench of Justice Arun Kumar Singh Deshwal said that for applicability of Section 197 CrPC even for the person who is deemed to be a servant under any statute other than IPC, he...

GST Act | Communication Of Order To Assessee’s Advocate Deemed Service To Assessee: Allahabad High Court

The Allahabad High Court has recently held that service of an order upon the advocate of an assessee will be deemed service for the purposes of the GST Act as the advocate is an authorized representative of the assessee. Perusing Section 107 (Appeals to Appellate Authority) and Section 169 (Service of Notice in Certain Circumstances) of the UPGST Act, Justice Piyush Agrawal held,“From...

Allahabad High Court Dismisses As Withdrawn PIL For Offering Sugarcane Juice To Kashi Vishwanath Jyotir Lingam In Varanasi

The Allahabad High Court today allowed the withdrawal of a Public Interest Litigation (PIL) plea seeking a direction to the State government and its authorities to not interfere with Hindu devotees from offering sugarcane juice to Kashi Vishwanath Jyotir Lingam in Varanasi.During the course of the hearing, a bench of Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava also said...

How Can You Stop Someone From Praying? Allahabad High Court To State In PIL Alleging Illegal Sealing Of Church

A public interest litigation (PIL) has been filed in Allahabad High Court against the reported sealing of a church located in District Kaushambi. While hearing the matter, the bench comprising Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava asked the State how it could prevent someone from practicing their right to pray.“How can you stop someone from offering prayers?”...