Allahabad High Court Monthly Digest: March 2024 [Citations 128 - 200]

[NOMINAL INDEX PROVIDED AT THE BOTTOM] ORDERS/JUDGMENTS OF THE MONTH Lifting Corporate Veil, Allahabad HC Orders ED Probe Against Directors Of Hacienda Project, Three C Universal For Defrauding Lotus 300 Flat Buyers Case Title: Nirmal Singh vs. State Of U.P. And 4 Others 2024 LiveLaw (AB) 128 [WRIT - C No. - 41110 of 2019] Case citation: 2024 LiveLaw (AB) 128 The Allahabad High Court has lifted the corporate veil to hold the Promoters/Directors of M/s Hacienda Projects Private Limited and M/s Three C Universal Developers Pvt. who are in default, liable for defrauding flat-buyers of the Lotus 300 project in Sector 107, Noida. The bench comprising Justice Mahesh Chandra Tripathi and Justice Prashant Kumar has directed the Enforcement Directorate under the Prevention of Money Laundering Act, 2002 to proceed against all the directors/promoters/designated promoter/officer who are in default, companies/other entities in which money from Hacienda Projects is syphoned or parked. Allahabad HC Directs ED To Probe Promoters Of Cloud 9 Projects, Says Reality Behind Corporate Veil Needs To Be Examined Due To Illegalities Case Title: Ashish Gupta vs. State Of U.P. And 5 Others 2024 LiveLaw (AB) 129 [WRIT - C No. - 25554 of 2019] Case citation: 2024 LiveLaw (AB) 129 The Allahabad High Court has held that the concept of a separate legal identity of a company was to encourage trade and commerce and not as front for the directors to commit illegalities and defraud people. While directing the Enforcement Directorate under the Prevention of Money Laundering Act, 2002 to proceed against all the directors/promoters or designated promoter/officers who are in default and against the companies/other entities in which money from M/s Cloud 9 Projects Private Limited was siphoned or parked, the Court held “….the concept of separate corporate entity was evolved to encourage and promote trade and commence, but not to commit illegalities or to defraud people. Therefore, where the corporate character is employed for the purpose of committing illegality or for defrauding others, the Court would ignore the corporate character and will look at the reality behind the corporate veil.” Live-In Relation Of A Married Muslim Woman With Another Man Is 'Haram' & 'Zina' As Per Shariat: Allahabad HC Dismisses Protection Plea Case title - Saleha And Another vs. State Of UP And 3 Others 2024 LiveLaw (AB) 130 Case Citation: 2024 LiveLaw (AB) 130 The Allahabad High Court has observed that a legally wedded Muslim wife can not go outside marriage and her live-in relationship with another man would be 'Zina' (fornication) and 'Haram' (act forbidden by Allah) as per the Shariat Law. A bench of Justice Renu Agarwal asserted thus while rejecting a protection plea filed by a married Muslim woman and her Hindu live-in partner fearing for her life against her father and other relatives. The Court added that the 'criminal act' of the woman "cannot be supported and protected" by the Court. Where Statutory Appeals Filed After Making Pre-Deposit, Stay Applications Must Be Decided In Reasonable Time: Allahabad High Court Case Title: Gurdeep Singh vs. Nagar Ayukt Nagar Nigam Moti Jheel And Another 2024 LiveLaw (AB) 131 [WRIT TAX No. - 206 of 2024] Case Citation: 2024 LiveLaw (AB) 131 The Allahabad High Court has held that were a statutory appeal has been filed and the condition for pre-deposit has been complied with, stay applications filed along with such appeals must be decided within a reasonable time. Petitioner approached the High Court against the order for putting up the stay application filed on 24.01.2024 in appeal pending for last four years on a separate date fixed. It was argued that purpose of filing the appeal would be defeated if the stay application is not decided. Decide In 8 Weeks Plea Seeking Unrestricted Rights To Worship 'Shiva Linga' In Gyanvapi Mosque Premises: Allahabad HC To Varanasi Court Case title - Vivek Soni And Another vs State Of Up And 4 Others 2024 LiveLaw (AB) 132 [MATTERS UNDER ARTICLE 227 No. - 1791 of 2024] Case Citation: 2024 LiveLaw (AB) 132 The Allahabad High Court has directed a court of Civil Judge, (Senior Division) in Varanasi to dispose of the petition in 8 weeks seeking unrestricted right to worship the 'Shiv Linga' purportedly found inside Gyanvapi Mosque premises in May 2022. A bench of Justice Manish Kumar Nigam ordered thus while hearing an application filed by one Vivek Soni and another under Article 227 of the Constitution of India. The petitioners had approached the High Court requesting expeditious disposal of their plea. Allahabad High Court Grants Bail To Applicant Accused Of Availing Excess Input Tax Credit, As Proceedings U/S 70 And 74 Pending Since Long Case Title: Qamar Ahmed Kazmi vs. State of U.P. Case Citation: 2024 LiveLaw (AB) 133 The...

Allahabad High Court Monthly Digest: March 2024 [Citations 128 - 200]

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