Allahabad High Court
'Can't Seek Re-Exam For Being Late To Centre Due To Traffic Jam': Allahabad High Court Refuses Relief To JEE Main Candidates
The Allahabad High Court recently dismissed a plea by JEE (Main) 2025 candidates seeking a re-exam, who claimed that they could not reach the examination centre in time due to a traffic jam caused by the passage of the Chief Minister's convoy. A bench of Justice Jaspreet Singh, though expressing sympathy for the students, observed that a writ of mandamus could not be issued in...
Litigating Public Enjoys Adjournments, Its Role In Court Delays A Menace Neither Spoken Of Nor Condemned: Allahabad HC
In an interesting observation, the Allahabad High Court last week said that the role of litigants in contributing to judicial delays is often overlooked. Calling it a 'menace' that is 'neither spoken of nor condemned', the Court opined that this tendency was required to be 'discouraged firmly'. A bench of Justice JJ Munir called it 'surprising' that despite widespread protests...
Allahabad HC Asks Counsels For UP Govt, HC Administration To Seek Instructions On PIL For Urgent Filling Of Judicial Vacancies
Hearing a Public Interest Litigation (PIL) plea seeking a direction for the timely and expeditious filling of all the current judicial vacancies in the High Court in a time-bound manner, the Allahabad High Court today asked the counsels for the UP Govt and HC administration to obtain instructions in the matter. A bench of Justice MC Tripathi and Justice Anil Kumar-X has now posted...
Hathras Gang Rape & Murder Case: Allahabad HC Flags Suspended SHO's Insensitivity, Denies Relief Over 'Dereliction' Of Duty
The Allahabad High Court last week dismissed a petition filed by suspended-Station House Officer (SHO) Dinesh Kumar Verma seeking to quash criminal proceedings including the summoning order in connection with the 2020 Hathras gang rape and murder case, wherein he has been booked over allegations of dereliction of official duty. A bench of Justice Raj Beer Singh criticised the...
Order U/S 75(6) Of GST Act Must Be Self-Contained, Mere References To SCNs Is Not Sufficient: Allahabad High Court
The Allahabad High Court has held that order under Section 75(6) of the Goods and Service Tax Act, 2017 must be self-contained and mere reference to previous show cause notices is not sufficient. Section 75 of the GST Act is a general provision relating to determination of tax. Section 75(6) of the GST Act provides that “the proper officer, in his order, shall set out the...
Property Seized Due To Dispute Must Be Released To Rightful Owner If Not Needed For Logical Conclusion Of Trial: Allahabad High Court
The Allahabad High Court has held that where the property seized by an investigating agency is not needed for the logical conclusion of trial/ litigation, the same must be released in favour of the rightful owner. It held that who is the rightful owner of the property so seized must be decided based on preponderance of probabilities.Holding that no person can be deprived of his/her...
Maintaining Faith In Judiciary Is Crucial: Allahabad HC Upholds Judicial Officer's Compulsory Retirement Over Adverse Service Record
The Allahabad High Court has upheld the compulsory retirement of Special Judge (SC/ST Act) based on adverse entries in against him in his service record which had attained finality.Holding that adverse entries existed which could lead the Screening Committee to recommend compulsory retirement of the Judicial Officer, the bench of Justice Ashwani Kumar Mishra and Justice Donadi Ramesh held,...
Mandatory To Fill Part B Of E-Way Bill In Transactions After April 2018: Allahabad High Court
Recently, the Allahabad High Court has held that it is mandatory for the assesee to download the complete E-way Bill including Part-B of the E-way Bill for transactions after April 2018. Distinguishing the earlier judgment of the High Court in M/s. Varun Beverages Limited vs. State of U.P. and 2 others, M/s. Falguni Steels vs. State of U.P. and others, and others, Justice Rohit...
Litigation Cost More Than Awarded Amount: Allahabad HC Pulls Up LIC For Challenging ₹74K Lok Adalat Award
The Allahabad High Court recently criticised the Life Insurance Corporation of India (LIC) for filing a writ petition challenging a ₹74,508 award passed by the Permanent Lok Adalat, Aligarh, in favour of a policyholder. Describing it as 'surprising' that LIC chose to challenge a 'very petty amount', a bench of Justice Prakash Padia directed a Senior Officer of LIC to file...
Court Not To Interfere In SARFAESI Matter Unless Bank Actions Patent Illegality And/Or Mala Fide: Allahabad High Court
While dealing with challenge to recovery proceedings initiated by bank, the Allahabad High Court has held that the Court must not interfere in matters pertaining to Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 unless the actions by the bank are patently illegal and/or mala fide.Relying on the judgment of the Apex Court in United Bank...
Claims Of GST Department Are Barred Once Resolution Plan Is Approved: Allahabad High Court
Relying on the judgments of the Supreme Court in Vaibhav Goyal & Another Vs. Deputy Commissioner of Income Tax & Another, the Allahabad High Court has held that the claims of Goods and Service Tax Department are barred after the aproval of resolution plan by the National Company Law Tribunal. In Vaibhav Goyal & Another Vs. Deputy Commissioner of Income Tax & Another, ...
Elvish Yadav Approaches Allahabad HC Against Chargesheet, Summons In Alleged Rave Party And Misusing Snakes/ Snake Venom Case
Elvish Yadav has approached the Allahabad High Court against the chargesheet filed in FIR against him for alleged misuse of snakes and snake venoms for making YouTube videos. Allegations against him also include organizing rave parties and calling foreigners who make people consume snake venom and other intoxicating drugs.The Informant also alleged that after he had received the information,...