Allahabad High Court Weekly Round Up: September 5 To September 11, 2022

Nominal Index Smt. Neelam Sharma And Another v. State Of U.P. And 5 Others 2022 LiveLaw (AB) 416 Sohel Ahmad Siddiqui v. Noorul Huda English Medium School 2022 LiveLaw (AB) 417 Mahavir Polyplast Pvt. Ltd. Versus State Of U.P. And 2 Others 2022 LiveLaw (AB) 418 Waseem v. State of U.P. and Another alonhg with connected matters 2022 LiveLaw (AB) 419 State of U.P. v. Sarvan and connected appeals 2022 LiveLaw (AB) 420 Rajnish v. State of U.P. 2022 LiveLaw (AB) 421 Shamshad v. State of U.P 2022 LiveLaw (AB) 422 Ratnesh Kumar v. State Of U.P. Thru. Prin. Secy. P.W.D. Civil Secrt. Lko. And Others 2022 LiveLaw (AB) 423 Julfikar v. State of U.P. 2022 LiveLaw (AB) 424 Pradeep Kumar Gupta v. State Of U.P. Through Secretary ( Higher Education) And 4 Others 2022 LiveLaw (AB) 425 Suab And 5 Others v. State of U.P. and Another 2022 LiveLaw (AB) 426 Anand Giri alias Ashok Kumar Chotiya v. State of U.P. and another 2022 LiveLaw (AB) 427 Shyam Singh And Another v. State Of U.P. And 4 Others 2022 LiveLaw (AB) 428 Manoj Saxena v. State of U.P. and Another 2022 LiveLaw (AB) 429 Judgments/Orders of the Week Certificate Issued By Arya Samaj Alone Doesn't Prove Marriage: Allahabad HC Takes Dim View Of Its Way Of Organising Marriages Case title - Smt. Neelam Sharma And Another v. State Of U.P. And 5 Others [HABEAS CORPUS WRIT PETITION No. - 635 of 2022] Case Citation: 2022 LiveLaw (AB) 416 The Allahabad High Court recently took a dim view of the way Arya Samaj organizes marriages as it observed that the 'Samaj' has misused their beliefs in organizing the marriages without even considering the genuineness of documents. The bench of Justice Saurabh Shyam Shamshery further held that the certificate issued by Arya Samaj alone doesn't prove the legality of a marriage. With this, the Court dismissed a Habeas Corpus Plea filed by the husband to regain his wife. Non-Availability Of Original Agreement Is Not Material When The Parties Do Not Dispute The Existence Of The Agreement: Allahabad High Court Case Title: Sohel Ahmad Siddiqui v. Noorul Huda English Medium School, Matters Under Article 227 No. 5252 of 2022 Case Citation: 2022 LiveLaw (AB) 417 The Allahabad High Court has held that an application under Section 8 of the A&C Act cannot be rejected merely because the original agreement or its certified copy was not on record when the parties do not dispute the existence of the agreement. The Bench of Justice Salil Kumar Rai held that a joint reading of Section 8 with Section 7(4) of the A&C Act leads to the conclusion that requirement of filing the original agreement or its certified copy as provided under Section 8(2) is not a mandatory requirement and the judicial authority shall decide the application if the existence of the arbitration agreement is alleged by one party and not denied by the other. GST Dept. Can Only Seize Goods In Transit And Not From Godown : Allahabad High Court Case Title: Mahavir Polyplast Pvt. Ltd. Versus State Of U.P. And 2 Others Case Citation: 2022 LiveLaw (AB) 418 The Allahabad High Court has held that the goods lying in the gowndown cannot be seized by invoking section 129 of the CGST Act. The power of seizure can be exercised only in the case of goods in transit and not for goods lying in godown. The single bench of Justice Saumitra Dayal Singh has observed that it is unbelievable that two (not one) authorities of the Mobile Squad of the Commercial Tax Department chose to act with negligence. The provision of Section 129(3) of the CGST Act could not be invoked to subject a godown premises to a search and seizure operation. The department was unmindful of the Act as no action was taken under Section 67. Section 67 of the CGST relates to the existence of "reasons to believe" that premise is subject to search and seizure of goods or documents found therein. UP Govt Takes A Slew Of Decisions To Reform, Improve Investigation System, Assures Allahabad HC Of Implementing Them In 2 Months Case title - Waseem v. State of U.P. and Another alonhg with connected matters Case citation: 2022 LiveLaw (AB) 419 The Uttar Pradesh Government has informed the Allahabad High Court that it has taken some significant decisions to improve and reform the police investigation system. The decision was taken in a meeting convened on August 26, 2022, under the Chairmanship of Additional Chief Secretary (Home), Government of Uttar Pradesh. The government has also assured the High Court that the decision taken by the State Government shall be effectively implemented as expeditiously as possible not later than two months and that certain other steps shall also be taken which are needed for a fair investigation. "He Slayed 6 Lives To Quench His Thirst": Allahabad High Court Confirms Death Penalty Awarded To Man Who Killed Wife, Own Children Case title - State of U.P. v....

Allahabad High Court Weekly Round Up: September 5 To September 11, 2022

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