Allahabad High Court Half Yearly Digest: January - June 2024 [Citations 1-415]

[NOMINAL INDEX PROVIDED AT THE BOTTOM] ORDERS/JUDGMENTS (JANUARY-JUNE 2024) UP Victim Compensation Scheme 2014 | Eligibility/ Quantum Of Compensation For Rape Victims To Be Decided By DLSA, Not Court: Allahabad HC Case Title: Ramesh Alias Mehandi Hasan vs. State Of U.P. And 3 Others [MATTERS UNDER ARTICLE 227 No. - 5804 of 2023] Case Citation: 2024 LiveLaw (AB) 1 The Allahabad High Court has asked a rape victim seeking compensation under the Uttar Pradesh Victim Compensation Scheme 2014 to approach the District Legal Service Authority. While clarifying the procedure for rape victims for claiming compensation, Justice Jyotsna Sharma observed that “the 'eligibility' of the victim for grant of compensation and quantum thereof can only be decided by the D.L.S.A. The court concerned can only make a 'recommendation'. It falls within the jurisdiction of D.L.S.A. to decide whether the 'claim' falls within the parameter of the scheme of 2014 or not. The role of the court, in such circumstances is formal and no more” Show Cause/Hearing Opportunity A Must Before A Citizen's Character Certificate Is Cancelled Due To Criminal Antecedents: Allahabad HC Case title - Kapil Dev Yadav vs. State Of U.P. And 3 Others Case Citation: 2024 LiveLaw (AB) 2 The Allahabad High Court has mandated that individuals facing the possibility of character certificate cancellation due to criminal antecedents must be given a show cause or hearing opportunity. Emphasizing the importance of due process and fair treatment in such matters, a bench of Justice Saumitra Dayal Singh and Justice Manjive Shukla read Clause-4 of the Government Order dated April 10, 2023, to include therein (on implied basis) that the Character Certificate cancellation action may be taken after issuance of show cause notice to the concerned citizen within one week from the date of receipt of information as to registration/pendency of criminal case. The court's interpretation suggests that the proposed action to cancel a Character Certificate under Clause-4 should only proceed after issuing a show cause notice to the citizen within one week of receiving information about the registration or pendency of a criminal case. “Notice may be served on the citizen within two weeks thereafter. The notice citizen may be granted two weeks therefrom to furnish his reply. A short date for a hearing may be fixed within a further period of two weeks therefrom and appropriate order may be passed in terms of Clause-4 of the Government Order dated 10.4.2023, thereafter.” 'They Aren't Supposed To Be Beneficiary Of Dowry Demand': Allahabad HC Grants Relief to Sisters-In-Law Implicated In 498A IPC Case Case title - Lakshmi Poddar @ Shikha Poddar And Another vs. State of U.P. and Another Case Citation: 2024 LiveLaw (AB) 3 In a criminal proceeding initiated at the instance of a wife against her sisters-in-law (accused) for the offence of cruelty under Section 498A of the Indian Penal Code, the Allahabad High Court granted relief to the accused as it noted that they are not supposed to be beneficiary of any demand of dowry. A bench of Justice Ram Manohar Narayan Mishra observed thus while allowing a revision plea challenging the order of an Additional Chief Judicial Magistrate in Gorakhpur rejecting the discharge application of the accused (sisters-in-law) filed under Section 245 CrPC. “The court below, while dismissing the discharge application has failed to notice the role of the revisionists and the probability of their false implication, as these are married sisters-in-law of the complainant who are stated to have been living at far away place during the period when offence of matrimonial cruelty and demand of dowry was practised against the complainant,” the Court noted as it directed the Magistrate to consider their discharge plea afresh. UP GST | No Interference Under Article 226 Unless Inherent Lack Of Jurisdiction Or Absence Of Relevant Material Established: Allahabad High Court Case Title: M/S Mgs Palace v. State Of U.P. And 4 Others [WRIT TAX No. - 1390 of 2023] Case Citation: 2024 LiveLaw (AB) 4 The Allahabad High Court has held that the writ court should not interfere in notice issued under Section 73 of the UP Goods and Service Tax Act, 2017 unless there is inherent lack of jurisdiction or complete absence of relevant material is alleged and established. Petitioner challenged the adjudication notice issued under Section 73 (Determination of tax not paid or short paid or erroneously refunded or input tax credit wrongly availed or utilised for any reason other than fraud or any wilful-misstatement or suppression of facts) of the Uttar Pradesh Goods and Services Tax Act, 2017 on grounds that the reply filed by the petitioner. The notice under Section 73 was preceded by a notice under Section 61 (1) of the UPGST Act which provides that “The...

Allahabad High Court Half Yearly Digest: January - June 2024 [Citations 1-415]

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