'Dishonesty At All Levels': Why Allahabad High Court Prima Facie Termed UP's Birth Certificate System 'A Mess'?

The Allahabad High Court recently came down heavily on the state's birth certificate issuance system after discovering that a petitioner had procured two different birth certificates showing entirely different dates of birth. Observing that the system reveals the "extent of dishonesty existing at all levels", a bench of Justice Atul Sreedharan and Justice Anish Kumar Gupta...

S. 216 CrPC | Neither Complainant Nor Accused Has Right To Seek Alteration Of Charges; Power Exclusively Confined To Court: Allahabad HC

The Allahabad High Court has observed that the power to alter or add a charge under Section 216 CrPC is 'exclusively confined' to the Court and that no party, neither the complainant nor the accused has any 'vested' right to seek any such addition or alteration of charge A bench of Justice Abdul Shahid thus set aside an order by the Additional District Judge/FTC-II, Varanasi,...

'Criminality Now Stands Washed Off': Allahabad High Court Quashes 2016 POCSO Act Case Noting Accused Married Victim 'Long Way Back'

The Allahabad High Court on Thursday quashed criminal proceedings of a rape case lodged under the POCSO Act and the Indian Penal Code in 2016, noting that the accused had married the prosecutrix 'a long way back'. Observing that the couple is living a happy married life with a child, a bench of Justice Vivek Kumar Singh said that "criminality, if any...now stands washed off” and...

Partners Not Separate From Firm; Liability Is Joint & Several: Allahabad High Court Refuses To Quash NI Act Case Against 'Sleeping Partners'

Observing that a partnership firm has no separate legal recognition in the absence of its partners, the Allahabad High Court (Lucknow Bench) recently refused to quash proceedings under Section 138 of the Negotiable Instruments Act against two women who claimed to be 'sleeping partners' acting through a Power of Attorney holder. Thus, dismissing two connected petitions filed u/s 482...

Suspension Of State Tax Officer For Delayed Report Unjustified When Authority Failed To Act In GST Fraud Case: Allahabad High Court

The Allahabad High Court has held that where loss is caused to the State, a State Tax Officer may not be suspended for mere delay in submitting a report. Justice Vikas Budhwar held that this would be especially impermissible in a case where the authority to act on the report in time chooses not to do so.He held that, despite the fact that the petitioner submitted the report with delay,...

GST Authorities Cannot Assume Jurisdiction For Passing Adverse Orders For Work Concluded Under VAT Regime: Allahabad High Court

The Allahabad High Court has held that GST Authorities cannot claim jurisdiction for levying tax, penalty, and interest on work that was concluded prior to the implementation of the GST Act. Notices were issued to the petitioner, a work contractor, for the Financial Year 2018-19 under the GST Act. The petitioner was unable to reply to the notices in time. Consequently, an ex-parte...

Allahabad High Court 'Shocked' As Cancer-Stricken Teacher's Transfer Plea Rejected Despite 'Sympathetic' Consideration Order

The Allahabad High Court on Monday expressed its strong displeasure over the conduct of the Secretary, UP Basic Education Board, Prayagraj, for rejecting the transfer representation of an Assistant Teacher suffering from breast cancer, despite a specific prior direction by the Court to consider her case 'sympathetically'. The court directed the Secretary to file his personal affidavit...

Advocate Threatened, Forced To Withdraw Vakalatnama In Courtroom? Allahabad HC Directs District Judge To Verify Allegations

Expressing serious concerns over the allegations that an advocate was ill-treated and threatened inside a courtroom, forcing him to withdraw his Vakalatnama, the Allahabad High Court (Lucknow Bench) sought a report from the District & Sessions Judge, Lucknow verifying allegations. A bench of Justice Syed Qamar Hasan Rizvi observed that if such allegations are accepted as correct...

Bareilly Violence | Allahabad High Court Refuses To Quash FIR Involving Allegations Of Acid Attacks, Firing At Police Force

The Allahabad High Court last week refused to allow a writ petition seeking to quash the FIR in the September 2025 Bareilly violence case wherein allegations are to the effect that police force was attacked by a mob with brickbats, stones and acid bottles. A bench of Justice Ajay Bhanot and Justice Garima Prashad, however, disposed of the plea by observing that it is open to...

Predominant Purpose Of Industry Is Essential For Determining Bracket Of Cess Taxation: Allahabad High Court

The Lucknow Bench of the Allahabad High Court has held that in determining cess for an industry, the assessing authority must consider the predominant purpose of the industry. “In this case where the question is whether a particular industry is an industry as covered in Schedule I of the Act, it has to be judged normally by what that industry produces mainly. Every industry carries...

Income Tax Appellate Tribunal Cannot Pass Ex-Parte Orders Without Recording Reasons For Denying Adjournment: Allahabad High Court

While hearing an appeal under S. 260A of the Income Tax Act, the Allahabad High Court has held that the Income Tax Appellate Tribunal cannot reject adjournment applications and pass ex-parte orders without recording reasons for such dismissal. It was held that if the Tribunal was allowed to do such a thing, it would hamper the right of the parties to a reasonable opportunity...

Final Orders U/S 125 CrPC Must Contain 'Points For Determination' As Per S. 354 (6): Allahabad High Court To UP Family Courts

The Allahabad High Court has directed all the family court across the state mandatorily frame 'points for determination' in all final orders passed under Section 125 CrPC, in compliance with Section 354(6) CrPC. A bench of Justice Madan Pal Singh also directed that its order be circulated to all District Judges and all Principal Judges of Family Courts for strict compliance. The...