Tender Challenges Based On Business Rivalry, Hurt Pride Must Be Resisted; Judicial Review In Contractual Matters Narrow: Allahabad High Court

While dealing with a tender matter, the Allahabad High Court observed that imaginary grievances, wounded pride and business rivalries of those who have been unsuccessful in tenders should not form the basis of judicial interference.The bench of Justice Shekhar B. Saraf and Justice Manjive Shukla held,“A tenderer or contractor with a grievance can always seek damages in a civil court....

GST Act | S.130 Cannot Be Invoked For Excess Stock Found During Survey; Action Must Proceed U/S 73/74: Allahabad High Court

The Allahabad High Court held that Section 130 of the Goods and Service Tax Act, 2017 could not be invoked where excess stock was found at the time of survey While dealing with a case regarding a search conducted under the GST Act, where upon finding discrepancies, proceedings had been initiated against the petitioner under S. 130 of the Act, Justice Piyush Agarwal held “A...

No Authority Under GST Act To Reserve Judgement & Deliver It Later Without Issuing Notice To Assessee: Allahabad High Court

The Allahabad High Court has held that nothing under the Goods and Service Tax Act, 2017 the relevant rules, and notifications, allows the authorities to reserve judgements on the fixed date and pass them later, especially without informing the assessee. The petitioner was issued a show cause notice on 17.02.2022. The petitioner submitted a reply but the respondent passed an order...

'If True, A Shocking Testimony Of Society': Allahabad High Court Flags 51-Yr Delay In Allotting Land Due To 1971 War Martyr's Widow

The Allahabad High Court on Wednesday expressed strong concern over the plight of a widow of a 1971 war martyr who moved the HC claiming that she had been allotted only 2.5 bighas of land against her entitlement of 5 bighas and has been struggling since 1974 to receive what is due to her. A Bench of Justice Atul Sreedharan and Justice Anish Kumar Gupta remarked that if the claims...

Compelling Wife To Undergo Trial For Inevitable Acquittal Is 'Instrument Of Harassment': Allahabad High Court Quashes POCSO Case Against Husband

The Allahabad High Court recently quashed criminal proceedings under the POCSO Act against a man who married the alleged victim, who also favoured quashing. as it observed that forcing a happily married couple to face trial merely to record a hostile testimony would be an "irony of fate" and an "instrument of harassment”. A bench of Justice Kshitij Shailendra thus allowed the plea...

BNSS | Police Report In Non-Cognizable Offence Is Deemed A 'Complaint'; Accused Must Be Heard Before Summons In Such Cases : Allahabad HC

The Allahabad High Court has recently observed that a police report (charge-sheet) filed for a non-cognizable offence must be treated as a 'complaint' by the Magistrate and not as a police case/state case. This is in conformity with the Explanation to Section 2(1)(h) of the Bharatiya Nagarik Surksha Sanhita, 2023 (BNSS). The Court further noted that in such cases, a Judicial...

Cannot Cancel GST Registration Without Passing Reasoned Speaking Order: Allahabad High Court

The Allahabad High Court has held that while cancelling GST registrations, authorities must pass reasoned and speaking orders. It held that doing otherwise would render the order unsustainable in the eyes of the law. “Once the impugned cancellation order has been passed without putting any proper notice or affording any opportunity of hearing to the petitioner, the same itself is...

'DNA Test Can't Be Directed In Routine Manner': Allahabad High Court Rejects Husband's Paternity Challenge In DV Act Case

The Allahabad High Court recently observed that a DNA test to determine the paternity of a child cannot be directed in a 'routine manner' merely because a party disputes the parentage during legal proceedings. A bench of Justice Chawan Prakash said that such orders for DNA Test can only be passed in specific circumstances where "no chance for cohabitation" is proven...

SC/ST Act Case Can Be Compounded Directly In An Appeal U/S 14-A; Recourse To S. 482 CrPC Not Needed : Allahabad High Court

The Allahabad High Court has recently observed that that criminal proceedings under Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, can be compounded and quashed, based on compromise, directly in a Criminal Appeal filed under Section 14-A(1) of the 1989 Act. A bench of Justice Shekhar Kumar Yadav added that there is no need to take separate recourse...

'Single Act Triggering Communal Tension Vitiates Public Order': Allahabad High Court Upholds NSA Detention

The Allahabad High Court last week upheld the detention of a man under the National Security Act, 1980 (NSA) as it observed that even a single criminal act, if it leads to communal tension and throws the "even tempo of life out of gear", amounts to a violation of public order rather than a mere breach of law and order. A bench of Justice JJ Munir and Justice Sanjiv Kumar thus...

Coop. Bank Officers Are 'Public Servants' Under PC Act; Dept Exoneration Without Finding On Merits No Bar To FIR: Allahabad High Court

The Allahabad High Court has clarified that the employees of Co-operative Banks controlled or aided by the government fall squarely within the definition of a 'Public Servant' under the Prevention of Corruption Act, 1988. The Court further said that a 'technical' exoneration in a departmental inquiry, where the Inquiry Officer merely states a lack of competence to investigate the...

UPGST Act | Confiscation Notice U/S 130 Cannot Be Issued For Mere Violation Of Record-Maintenance Requirements U/S 35: Allahabad HC

Recently, the Allahabad High Court reiterated that notices under Section 130 of the Uttar Pradesh Goods and Service Tax Act 2017 for confiscation and levy of penalty, could not be issued for alleged violation of maintenance of accounts and records as required under Section 35 of the Act. It was held that such notices under Section 130 could only be issued once the...