Allahabad HC Stays Govt Order Suspending Fair Price Shop License, Allegedly Issued At Behest Of RSS

The Allahabad High Court earlier this week stayed an order suspending a Fair Price Shop (FPS) license in Gonda district, by noting the submission of the petitioner that the decision was taken allegedly on the directions of the Rashtriya Swayamsevak Sangh (RSS) headquarters at Nagpur."Prima facie, in the manner in which the directions have been given, which has led to passing of the impugned...

[Income Tax] Filing Of Form 10-IC Prior To Filing Of Return Not Mandatory, Delay May Be Condoned In “Genuine Hardship”: Allahabad High Court

The Allahabad High Court has held that filing of Form 10-IC prior to filing of income tax return is not mandatory and the delay in filing the Form may be condoned in cases where “genuine hardship” is shown to exist. Form 10-IC, under the Income Tax Act, is required to filed only if a Domestic Company chooses to pay tax at concessional rate of 22% under Section 115BAA of...

Burden To Prove Customer's Liability In Case Of Unauthorized Electronic Banking Lies Upon Bank: Allahabad High Court

The Allahabad High Court has held that under the RBI Circular dated June 6, 2017 titled “Customer Protection-Limiting Liability of Customers in Unauthorised Electronic Banking Transactions”, the burden to prove customer's liability in case of unauthorized electronic banking lies upon the bank.Referring to Clause 12 of the aforesaid Circular the bench of Justice Shekhar B. Saraf and...

Maintenance Cases Require Expeditious Disposal As 'Sufferer' Is A Lady In Most Cases; Courts Must Be Sensitive: Allahabad HC

The Allahabad High Court recently stressed the need for the courts to act with greater sensitivity and urgency in deciding maintenance applications filed under Section 125 CrPC (or Section 144 Bharatiya Nagarik Suraksha Sanhita, 2023), observing that in most of such cases, the 'sufferer' is the wife. A bench of Justice Nalin Kumar Srivastava made these remarks while directing a...

UP Govt To Frame Statewide Guidelines Restraining Cops From Contacting Advocates In Sub-Judice Matters, Allahabad HC Told

The Uttar Pradesh Government on Tuesday informed the Allahabad High Court that it would be framing pan-state guidelines restraining the police personnel from visiting places under litigation without leave of the Court and from directly contacting advocates representing parties in sub-judice matters. The submission came during the hearing of a Public Interest Litigation (PIL)...

Order Declaring Marriage Null & Void Relates Back To Date Of Marriage, No Liability To Pay Maintenance Arises: Allahabad High Court

The Allahabad High Court has held that once an order declaring a marriage null and void has been passed under Section 11 of the Hindu Marriage Act, it dates back to the date of marriage. In such case, the husband is not liable to pay maintenance to the wife.In the case at hand, the parties got married in 2015 but due to differences and discord the wife lodged an FIR under Sections 498A, 406,...

'Cheating Devalues Merit, Erodes Trust In Education System': Allahabad HC Denies Bail To Alleged CTET Solver

Refusing to grant bail to a man accused of using a proxy (solver) to appear in his place in the Central Teacher Eligibility Test (CTET), the Allahabad High Court observed that when a solver appears in someone's place in any examination, it undermines the integrity of the educational system and has serious implications for society A bench of Justice Sanjay Kumar Singh also stressed...

Except In 'Grave' Cases, UP Judicial Officers Need District Judge's Assent To File FIRs In Personal Capacity, Allahabad HC Clarifies

The Allahabad High Court has clarified that Judicial Officers in Uttar Pradesh can register FIRs in their personal capacity only in cases of 'grave and severe' nature, such as murder, suicide, rape or other sexual offences, dowry death, and dacoity, without prior approval. In all other matters, they must first take the concerned District Judge into confidence and obtain their...

Allahabad High Court Orders Inquiry Against Officers Responsible For Flawed Compassionate Appointment

The Allahabad High Court recently denied relief to a petitioner dismissed from service on grounds that he obtained compassionate appointment without disclosing full facts, thereby vitiating the appointment with incurable defects. The Court also directed inquiry into the role of officials who were responsible for petitioner's appointment in the first instance.Holding petitioner's appointment...

Following 'Vivah Kendra' Episode, Allahabad High Court Registers Suo Motu PIL Over 'Unsavoury' Conduct Of Advocates

The Allahabad High Court last week registered a suo motu Public Interest Litigation (PIL) concerning the 'unsavoury' activities of certain advocates within the Lucknow District Court premises. The suo moto PIL was initiated following HC's earlier directions (of July 8) for the eviction of two lawyers who had allegedly converted their chamber into a makeshift 'Vivah...

2016 Forced Eviction Case | Allahabad HC Extends Stay On Passing Of Final Order In Trial Against Azam Khan Till July 28

The Allahabad High Court today extended the stay (until July 28) on the passing of a final order in the consolidated trial of the 2016 Forcible Eviction Case involving former UP Minister and MP Mohammad Azam Khan and others.The stay was extended by a bench of Justice Sameer Jain since the state government sought additional time to obtain instructions and submit relevant compilations.The...

'Gifts Given In Marriage Normally Not Taken As Dowry': Allahabad HC Grants Relief To Relatives In Alleged Conversion, Dowry Demand Case

Observing that gifts exchanged during marriage ceremonies are not normally taken as dowry, the Allahabad High Court stayed criminal proceedings against 3 persons booked under the Dowry Prohibition Act and the UP Prohibition of Unlawful Conversion of Religion Act. Noting that the matter may be an afterthought and as such, a detailed scrutiny is required, a bench of Justice Vikram D...