Advise SC Judges Against Passing 'Stigmatic' Orders: Oudh Bar Association Urges CJI To Expunge Remarks Against Justice Pankaj Bhatia

The Oudh Bar Association (Allahabad High Court, Lucknow Bench) has addressed a formal representation to the Chief Justice of India Surya Kant, raising serious concern regarding 'repeated adverse remarks concerning the Allahabad High Court Judges. The Association has urged the CJI Surya Kant to advise all accompanying Judges of the Supreme Court to avoid passing stigmatic orders and...

Advocate's Unauthorized Statement In Court Can't Make Client Liable For Contempt: Allahabad High Court

The Allahabad High Court (Lucknow Bench) recently observed that a statement made by a counsel without specific instructions from the client can't be treated as a binding undertaking for the purpose of contempt proceedings. A bench of Justice Manish Kumar thus withdrew contempt charges for alleged wilful disobedience of a Court order against the respondent. The single judge...

Family Pension Received By Heirs Of Deceased Has No Bearing While Considering MACT Compensation: Allahabad High Court

The Allahabad High Court has held that pension being received by the claimant and the family pension received by the legal heirs of the deceased in a motor vehicle accident should not be considered at the time of calculating compensations under the Motor Vehicles Act, 1988.Referring to the decision of the Apex Court in Sebastiani Lakra and others vs. National Insurance Company Limited and...

Transgender Persons Act | DM's Certificate Conclusive Proof Of Gender; Passport Authority Can't Demand Medical Test: Allahabad High Court

The Allahabad High Court has held that a certificate issued by the District Magistrate under Section 7 of the Transgender Persons (Protection of Rights) Act, 2019, acts as conclusive proof of gender/identity for the issuance of a passport. A bench of Justice Atul Sreedharan and Justice Siddharth Nandan observed that the Passport Authority can't demand a fresh medical examination or...

UP Govt Admits Woman Died Due To Wrong Blood Transfusion At SRN Hospital; High Court Forms Panel To Fix Lapses, Mulls Compensation

The Uttar Pradesh Government recently admitted before the Allahabad High Court that a woman patient admitted at Swaroop Rani Hospital in Prayagraj died last year due to the transfusion of the wrong blood group. A bench of Justice Atul Sreedharan and Justice Siddharth Nandan recorded the State's submission and immediately directed the formation of a high-level committee to...

Allahabad High Court Issues Contempt Notices To Bareilly DM, SSP Over Alleged Interference In 'Namaz' At Private Property

The Allahabad High Court last week issued a contempt notice to Bareilly District Magistrate Ravindra Kumar and Senior Superintendent of Police Anurag Arya for allegedly restraining certain individuals (including petitioner-Tarik Khan) from offering Namaz inside a private house. A bench of Justice Atul Sreedharan and Justice Siddharth Nandan observed that the actions of the officials...

S. 69 CGST Act | 'Reasons To Believe' Need Not Be Furnished But 'Grounds' Must Be Supplied As Annexure To Arrest Memo: Allahabad HC

The Allahabad High Court has held that while the "reasons to believe” recorded by the Commissioner under Section 69 CGST Act 2017 need not be furnished to the accused, the "grounds of arrest" must mandatorily be supplied to him as an Annexure to the Arrest Memo. A Bench of Justice Siddharth and Justice Jai Krishna Upadhyay thus allowed the habeas corpus writ petition filed by one...

Magistrate Bound To Consider Subsequent 'Closure Report' Even After Taking Cognizance On Initial Chargesheet: Allahabad High Court

The Allahabad High Court recently observed that a Magistrate is legally bound to consider and pass an order on the Final Report (closure report) filed by the police, even in those cases where he has already taken cognizance of the offence based on an earlier charge sheet. A bench of Justice Anil Kumar-X added that if the Magistrate proceeds further in the case without considering the...

No Provision For Deducting GST, Incentive Or Festival Advance From Employee's Retiral Dues: Allahabad High Court

The Allahabad High Court has observed that there is no provision for deducting "Prostsahan Agrim" (incentive advance), "Tyohar Agrim" (festival advance) and GST from the retiral dues of an employee of the U.P. State Employees Welfare Corporation.Expressing shock that such deductions were being made from the retiral dues of an employee, Justice Rohit Ranjan Agarwal observed,“This Court...

Codeine Preparations Exceeding Permissible Limits Attract NDPS Act: Allahabad High Court Denies Bail To Two Over Adulterated Cough Syrup

The Allahabad High Court has recently denied bail to two accused in the Codeine Cough Syrup Racket on grounds that huge quantity of illegally diverted Codeine based Cough Syrup was recovered from them. Justice Ashutosh Srivastava held,“In the opinion of the Court the exemption provisions are required to be strictly and literally complied with and further that the conditions under which...

Allahabad High Court Refers Advocate For Criminal Contempt Who Accused Judge Of 'Working Under Govt Pressure'

The Allahabad High Court last week made a separate reference for initiation of criminal contempt proceedings against an advocate who accused the Court in open court of "working under the pressure of the Government" and lacking the 'courage' to seek an explanation from the police.A bench of Justice Santosh Rai found the conduct of the advocate (Ashutosh Kumar Mishra) as "highly...

Allahabad High Court Objects To CGST Dept Mentioning SC Judges' Names In Affidavit; Grants Bail To Chinese Woman In Tax Evasion Case

While granting bail to a Chinese national accused of tax evasion, the Allahabad High Court took serious objection to a counter affidavit filed by the Assistant Commissioner, CGST (the Deponent), wherein the names of Supreme Court Judges were mentioned while referring to their judgment."This system of mentioning the names of Hon'ble Judges while giving reference to the judgments is...