Vague Arrest Memo, Allahabad High Court Grants Bail To Accused In Fake GST ITC Worth Rs.88 Crores

The Allahabad High Court has granted bail to the person allegedly involved in the creation of 92 fake GST Forms and the passing of fake Input Tax credits (ITC) to the tune of Rs. 88 crore.The bench of Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava has observed that even in the arrest memo, the Department is not sure as to what offence has been committed by the petitioner,...

Advocates’ ‘Misbehaviour’ With Lady Judge: Allahabad High Court Orders Forensic Examination Of CCTV Footage Of The Incident

While dealing with a reference concerning certain advocates’ alleged misbehaviour with a lady judicial officer in the Barabanki judgeship last year, the Allahabad High Court has directed the Forensic Science Laboratory, Lucknow to examine the CCTV footage of the incident. The bench of Justice Sangeeta Chandra and Justice Narendra Kumar Johari ordered thus after...

Allahabad High Court Denies Jaypee’s Interim Plea To Sell Land For Clearing Dues When Allotment Stands Cancelled By Yamuna Expressway Authority

The Allahabad High Court has declined the proposal of M/s Jai Prakash Associates (Jaypee) to sell off certain portion of the 1,000 hectares land earlier allotted to it under the Special Development Zone Project in the Yamuna Expressway Development Area, for clearing the dues of YEIDA (Yamuna Expressway Industrial Development Authority).The bench comprising Chief Justice Pritinker Diwaker...

[Cheating] Vires Of Section 420 IPC Challenged Before Allahabad High Court

A writ petition has been filed before the Allahabad High Court challenging the vires of Section 420 of IPC (Cheating and dishonestly inducing delivery of property) on the grounds that it is violative of Article 14 and Article 21 of the Constitution.Counsel for Petitioners argued that there is no material difference between the offence of cheating punishable under Section 417 IPC and offence...

Samvasini Case: Allahabad HC Stays Coercive Action Against Randeep Surjewala Till Disposal Of His Plea For Legible Documents U/s 207 CrPC

The Allahabad High Court has stayed coercive action against Congress leader and Rajyasabha MP Randeep Singh Surjewala till the disposal of his application before the Varanasi Court to provide him with Legible documents including the charge sheet under section 207 CrPC in the 23-year-old case of damage to public property. The bench of Justice Raj Beer Singh passed this order...

Mere Pendency Of Criminal Case No Ground To Cancel Arms License In Absence Of Clear Finding Of Threat To Public Peace: Allahabad High Court

The Allahabad High Court has reiterated that pendency of criminal cases cannot be the sole ground for cancellation of firearm license in the absence of a specific recording by a competent authority that possession of the same would be dangerous to public peace, safety and security.Relying on the decision of a coordinate bench in Ram Prasad v. Commissioner and others, Justice Manju Rani...

Allahabad HC Stays Single Judge's Judgment Reading Down 'Regulation 40 (ग)' Of 'UP Intermediate Education Act' Regarding 'Name Change'

The Allahabad High Court has stayed the effect and operation of the May 2023 judgment and order of a Single Judge reading down Regulation 40 (ग) of the Uttar Pradesh Intermediate Education Act, 1921 which prohibits acceptance of any application filed by a person seeking to change his name in his educational document adopting nicknames, names disclosing a person’s religion or caste or use...

Daughters Can Apply For Compassionate Appointment Irrespective Of Their Marital Status: Allahabad High Court On Co-op Society Regulations

The Allahabad High Court struck down the word ‘unmarried’ occurring before ‘daughter’ in the note appended to Regulation 104 of U.P. Cooperative Societies Employees' Service Regulations, 1975 which governs eligibility for compassionate appointment. A bench comprising Justices Devendra Kumar Upadhyaya and Om Prakash Shukla observed that the State has recognised the right of...

CRPF | Denying Employment/Promotion To HIV-Positive Person Is Violative Of Articles 14, 16 And 21: Allahabad High Court

In a significant verdict, the Allahabad High Court has held that a person, who is otherwise fit, could not be denied employment only on the ground that he or she is HIV positive and this principle also extends to grant of promotion."In any case, a person’s HIV status cannot be a ground for denial of promotion in employment as it would be discriminatory and would violate the principles laid...

Burden To Prove Employee's 'Wilful' Absence From Service Is On Disciplinary Authority: Allahabad High Court

The Allahabad High Court has held that in departmental proceedings, burden to prove that the unauthorized absence was 'wilful' is on the disciplinary authority. In absence of such finding, unauthorized absence does not amount to misconduct.The observation was made by a bench of Justice Irshad Ali while hearing the plea moved by a Medical Officer facing disciplinary proceeding for the charge...

Allahabad High Court Grants Interim Relief To Accused Who Were Denied Anticipatory Bail Due To Citing Of Repealed Law

While dealing with the second anticipatory bail plea of two accused, the Allahabad High Court last week granted them interim protection from arrest till the next date of hearing as it noted that they were earlier denied anticipatory bail due to the fact that the state counsel had cited a repealed law (Petroleum Rules, 1976). “In view of the fact that one of the main...

Adipurush Row| 'Obnoxious Story Has Hurt Sentiments Of Followers Of Sanatan Dharma': Plea In Allahabad HC Seeks Quashing Of CBFC Certificate

An amendment application has been filed before the Allahabad High Court in a pending Public Interest Litigation (PIL) plea (filed last year) against the exhibition of the Prabhas, Saif Ali Khan and Kriti Sanon starrer movie-Adipurush. The plea says that the "obnoxious" story of the movie is "against the decency, morality and prestige of God and Goddesses" and that it has "hurt the feeling of...