Allahabad High Court Weekly Round-Up: July 24 - July 30

NOMINAL INDEX Shweta Punj vs. Union of India and 4 others 2023 LiveLaw (AB) 224 Manorama Kuchhal And Another vs. Brijesh Narain Singh D.M./Collector NIC Dist. Centre And 6 Ors 2023 LiveLaw (AB) 225 Dinesh Chandra Verma vs. State of U.P. Through Prin.Secy. Law and Justice and Ors 2023 LiveLaw (AB) 226 Jai Govind @ Ramji Yadav vs. State Of U.P. 2023 LiveLaw (AB) 227 Bharti And Another vs. State Of U P And 3 Others 2023 LiveLaw (AB) 228 Dheeraj Govind Rao Jagtap vs. The State Of U.P., Thru. Ats, Gomti Nagar, Lko. along with other pleas 2023 LiveLaw (AB) 229 M/S Abhay Traders vs. Commissioner Commercial Tax U.P. Lucknow And Another 2023 LiveLaw (AB) 230 ORDERS/JUDGMENTS OF THE WEEK Allahabad High Court Dismisses Challenge To Appointment Of Commissioners Of Income-Tax (Appeals) Case Title: Shweta Punj vs. Union of India and 4 others 2023 LiveLaw (AB) 224 [Writ Tax No. 521 of 2023] Case Citation: 2023 LiveLaw (AB) 224 The Allahabad High Court has held that Sections 116 and 117 of the Income Tax Act, 1961 empower the Central Government to appoint Commissioner of Income-Tax (Appeals). Same pay scale would not make provisions of appointment under other statues applicable to the appointment of authorities under the Act of 1961. “First and foremost, we find that the statute, i.e. the Act of 1961 is a self contained code which clearly vests jurisdiction with the Central Government to appoint such persons as it thinks fit to be income tax authorities as are specified in Section 116 of the Act. The income tax authorities clearly includes Commissioners of Income-tax (Appeals) and, therefore, the Central Government would have the jurisdiction to appoint an officer as Commissioner of Income-tax (Appeals). Officers belonging to the cadre of Indian Revenue Services have been appointed as Commissioner of Income-tax (Appeals)”, held the bench comprising of Justices Ashwani Kumar Mishra and Syed Aftab Husain Rizvi. Can't Decide Disputed Questions Of Facts In Contempt Jurisdiction: Allahabad High Court Discharges NOIDA CEO, Gautam Budh Nagar DM Case Title: Manorama Kuchhal And Another vs. Brijesh Narain Singh D.M./Collector NIC Dist. Centre And 6 Ors 2023 LiveLaw (AB) 225 [Contempt Application (Civil) No. - 2339 of 2017] Case Citation: 2023 LiveLaw (AB) 225 The Allahabad High Court while dismissing contempt proceedings against New Okhla Industrial Development Authority’s (NOIDA) CEO & District Magistrate, Gautam Budh Nagar held that the Court in contempt proceedings cannot decide questions of facts. The bench comprising of Justice Rohit Ranjan Agarwal observed that there was no defiance on behalf of the officers to comply with an order of the Writ Court as contemplated under Section 2(b) of the Contempt of Courts Act, 1971. Retired Chairman And Vice Chairman Of CAT Entitled To Same Benefits As Retired High Court Judges: Allahabad High Court Case Title: Dinesh Chandra Verma vs. State of U.P. Through Prin.Secy. Law and Justice and Ors 2023 LiveLaw (AB) 226 [WRIT A No. 18675/2020] Case Citation: 2023 LiveLaw (AB) 226 Drawing parity with judges of High Court, the Allahabad High Court has held that retired Chairman and Vice Chairman of the Central Administrative Tribunal are entitled to domestic help allowance as a part of pension and other allowances under Rule 15-A of the Central Administrative Tribunal (Salaries and Allowances and Conditions of Service of Chairman, Vice- Chairman and Members) Rules, 1985 (1985 Rules). A bench comprising of Justices Devendra Kumar Upadhyaya and Om Prakash Shukla held: “It is also to be noticed that in Rule 15-A of Rules 1985, the word to be taken note of is “shall” which occurs therein and accordingly it is mandatory. Thus, mandate of Rules 1985 is that the conditions of service and other perquisites as available to a Judge of High Court shall be made available to the Chairman and Vice-Chairman of the Central Administrative Tribunal as well. The very mandatory nature of the language occurring in Rule 15-A makes it obligatory on the part of respondents to make available all the perquisites which, in our opinion, shall include the Domestic Help Allowance as well. The benefit of Domestic Help Allowance is, in fact, a retirement benefit and hence it will be included in the expression ‘pension’ as occurring in Section 2(gg) of Act 1954.” Country's Youth Spoiling Lives Due To Lure Of Free Relationship With Opposite Sex Aping Western Culture: Allahabad High Court Case title - Jai Govind @ Ramji Yadav vs. State Of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 29409 of 2023] Case Citation: 2023 LiveLaw (AB) 227 The Allahabad High Court observed that the youth of the country are spoiling their lives due to the lure of free relationships with members of the opposite sex aping Western culture, however, they end up finding no "real soulmate". "The youth in this country,...

Allahabad High Court Weekly Round-Up: July 24 - July 30

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