Allahabad High Court Weekly Round-Up: October 31 To November 6, 2022

CITATIONS Saroj Kumar And Others v. State Of U.P. Thru. Secy. Deptt. Home, Up Civil Sectt. Up Lko. And Others 2022 LiveLaw (AB) 478 Gomti Devi v. State Of U.P. And 2 Ors. 2022 LiveLaw (AB) 479 State Of U.P. v. M/S Maa Vindhyavasini Tobacco Pvt Ltd 2022 LiveLaw (AB) 480 In re v. 2022 LiveLaw (AB) 481 Vijay Kumar Singhv. State Of U.P. Thru. Prin. Secy. Home. Govt. Up Civil Sectt. Lko. And 6 Others 2022 LiveLaw (AB) 482 Arti Devi v. State of U.P. and Another 2022 LiveLaw (AB) 483 Haseen Alias Ishu v. State of U.P 2022 LiveLaw (AB) 484 Orders/Judgments of the Week Allahabad High Court Rejects Prayer Of Murder Accused To Conduct Their Own, Complainant's NARCO Analysis Test Case title - Saroj Kumar And Others v. State Of U.P. Thru. Secy. Deptt. Home, Up Civil Sectt. Up Lko. And Others [CRIMINAL MISC. WRIT PETITION No. - 7559 of 2022] Case Citation: 2022 LiveLaw (AB) 478 The Allahabad High Court rejected the prayer of certain murder accused who sought a brain mapping test/NARCO/lie detector test upon themselves as well as the complainant so as to contract out the truth of the case. The bench of Justice Rajan Roy and Justice Sanjay Kumar Pachori however, clarified that if the Investigating Officer, on his own, decides to get the said tests conducted, then he can get the test conducted subject to the consent of the accused. [Compassionate Appointment] Can't Presume A Person To Be Financially Stable Merely Because He Got Married: Allahabad HC Case title - Gomti Devi v. State Of U.P. And 2 Ors. [WRIT - A No. - 17078 of 2015] Case Citation: 2022 LiveLaw (AB) 479 The Allahabad High Court observed that the marriage of an individual is no ground to deny him/her a compassionate appointment as entering into a marital relationship doesn't raise a presumption that a person is financially stable. With this, the bench of Justice Vikram D. Chauhan set aside an order of the DIG (Establishment) Police Head Quarter, U.P denying compassionate appointment to the younger son of a UP Police constable who died during his service tenure. Demand Of Tax and penalty can't be imposed on the basis of conjecture : Allahabad High Court Case Title: State Of U.P. Versus M/S Maa Vindhyavasini Tobacco Pvt Ltd Citation: 2022 LiveLaw (AB) 480 The Allahabad High Court has held that the demand for tax and penalty cannot be imposed on the basis of conjecture and surmise, especially in cases where the goods were accompanied by a tax invoice and E-way bill. The single bench of Justice Pankaj Bhatia has observed, "As the respondent has not approached for availing of the benefits that flow from Section 129, coupled with the fact that the appellate authority found that the basis for initiating proceedings was non-existent, I do not see any reason to interfere with the order passed by the appellate authority in the exercise of powers under Section 226 of the Constitution of India." Allahabad High Court Closes Contempt Proceedings Against Lawyer After He Tendered Apology For Dispurting Court's Work Case Title - In re v. Case Citation: 2022 LiveLaw (AB) 481 The Allahabad High Court closed contempt proceedings against an advocate who disrupted the working of the High Court on October 21 after the bench asked him to make changes to the cause title and hide the name of the juvenile/child in conflict with the law (the revisionist in the case). The proceedings were dropped by a division bench of Justice Ashwani Kumar Mishra and Justice Shiv Shanker Prasad after the contemnor (Advocate Sunil Kumar) tendered his unconditional apology orally as well as in writing. Levana Suites Fire | "Form Panel, Probe Grant Of Licenses, NOCs; Proceed Against Responsible Officers": Allahabad HC Directs UP Govt Case title - Vijay Kumar Singhv. State Of U.P. Thru. Prin. Secy. Home. Govt. Up Civil Sectt. Lko. And 6 Others [WRIT - A No. - 6870 of 2022] Case Citation: 2022 LiveLaw (AB) 482 The Allahabad High Court on Wednesday directed the Uttar Pradesh Government to constitute a high-powered committee to inquire as to how NOCs and licenses were granted to the Hotel Levana Suites, where a major fire incident took 5 lives on September 5, without properly verifying the eligibility of the hotel to obtain such licenses/NOCs. It may be noted that on September 09, 2022, a major fire engulfed the hotel Levana Suites, situated in a posh locality of the city of Lucknow and after several hours of persistent efforts of the rescue teams, the fire in the hotel was doused. POCSO Act | 13 Y/O Boy's Assertion That Accused Did 'Gandi Harkat' Is Sufficient To Issue Process U/S 204 CrPC: Allahabad HC Case title - Arti Devi v. State of U.P. and Another [APPLICATION U/S 482 No. - 9242 of 2022] Case Citation: 2022 LiveLaw (AB) 483 The Allahabad High Court has observed that the statement of the 13-year-old boy that the applicant has committed...

Allahabad High Court Weekly Round-Up: October 31 To November 6, 2022

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