Allahabad High Court Weekly Round-Up: June 12 To June 18

NOMINAL INDEX Bata India Limited & Anr. vs U.P. State Micro and Small Enterprise Facilitation Council & Anr. 2023 LiveLaw (AB) 185 Moti Lal Yadav vs. State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. Home, Lucknow And 3 Others 2023 LiveLaw (AB) 186 Pankaj Khare vs. Union Of India Thru. Secy. Deptt. Of Custom And Cgst, Ministry Of Finance, New Delhi And Others 2023 LiveLaw (AB) 187 Fakre Alam @ Shozil vs. State Of U.P. And 3 Others 2023 LiveLaw (AB) 188 Sudhir Kumar vs. Union Of India And 4 Others 2023 LiveLaw (AB) 189 Jay Kant Bajpai @ Jay vs. State of U.P. 2023 LiveLaw (AB) 190 Karuna Shanker and another vs. State of U.P. 2023 LiveLaw (AB) 191 Mohd. Aarif Alias Aarif vs. State Of U.P. Thru. Prin. Secy. Home, Lko. And Another 2023 LiveLaw (AB) 192 Dr R.B. Lal And 7 Others vs. State Of U.P. And 3 Others 2023 LiveLaw (AB) 193 Sachin Chaudhary vs. State Of U.P. And 2 Others 2023 LiveLaw (AB) 194 Dr. Kartikeya Sharma And 2 Others vs. State of U.P. and Another 2023 LiveLaw (AB) 195 ORDERS/JUDGMENTS OF THE MONTH Facilitation Council Which Was The Conciliator Under MSMED Act, Can Arbitrate The Dispute; Bar Contained In S. 80 Of Arbitration Act Not Applicable: Allahabad High Court Case Title: Bata India Limited & Anr. vs U.P. State Micro and Small Enterprise Facilitation Council & Anr. Case Citation: 2023 LiveLaw (AB) 185 The Allahabad High Court has ruled that the discretion given to Facilitation Council under Section 18(3) of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) in respect of selection of forum for arbitration between the parties, is absolute and has overriding effect over any other law. In exercise of the said discretion, the provisions of the Arbitration and Conciliation Act, 1996 (A&C Act), including the prohibition contained in Section 80, will have no application, the court has ruled. Therefore, the court held that in the event the conciliation proceedings carried out by the Council under Section 18(2) of the MSMED Act fail, the Council can itself proceed to arbitrate the dispute between the parties. Gangster Sanjeev 'Jeeva' Murder| Entry Of Accused In Court Premises In Lawyer's Uniform ‘Concerning’: Allahabad HC Refuses To Transfer Probe To CBI Case title - Moti Lal Yadav vs. State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. Home, Lucknow And 3 Others 2023 LiveLaw (AB) 186 [PUBLIC INTEREST LITIGATION (PIL) No. - 572 of 2023] Case Citation: 2023 LiveLaw (AB) 186 The Allahabad High Court on Monday refused to transfer the probe into the daylight killing of 48-year-old alleged Gangster Sanjeev Maheshwari (alias Jeeva) inside the Lucknow Court premises on June 7, to the Central Bureau of Investigation (CBI). The bench of Justice Devendra Kumar Upadhyaya and Justice Jaspreet Singh said that only six days have elapsed since the lodging of the FIR in the matter and the constitution of the Special Investigation Team (SIT) and in such a short span of time, it is not possible to draw an inference that the probe will not proceed appropriately and in the right direction. “In such a short span of time, it will not be possible for the Court to draw any inference in respect of the functioning of the Special Investigation Team (S.I.T.) and the investigation being conducted by it. Besides, having regard to the higher rank of the members of the Special Investigation Team (S.I.T.) which they occupy, we, at this juncture, also do not have any reason to believe that the investigation shall not proceed in the right perspective,” the Court said as it expressed a hope that the SIT shall be conducted in the appropriate direction with the expedition. 'Refrain From Issuing Service Tax /GST Notices To Lawyers Rendering Legal Services': Allahabad HC Directs Lucknow GST Commissionerate Case title - Pankaj Khare vs. Union Of India Thru. Secy. Deptt. Of Custom And Cgst, Ministry Of Finance, New Delhi And Others [WRIT TAX No. - 148 of 2023] Case Citation: 2023 LiveLaw (AB) 187 The Allahabad High Court has ordered the Commissioner, GST to issue clear direction to the GST Commissionerate in Lucknow that no notices regarding payment of service tax /GST are issued to the lawyers rendering legal service falling in the negative list so far as service tax is concerned. The bench of Justice Alok Mathur and Justice Jyotsna Sharma directed thus while hearing a writ plea filed by an Advocate Pankaj Khare challenging a May 2023 order passed by Dy. Commissioner, CGST & Central Excise Div. Lucknow 1 thereby assessing him with regard to service tax and levying tax and interest of over Rs. 33 lakhs. Allahabad High Court Quashes 'False' POCSO Case Against Man As Victim Says Her Mother Filed FIR To Extract Money From Him Case title - Fakre Alam @ Shozil vs. State Of U.P. And 3 Others [APPLICATION U/S 482 No. - 41580 of 2022] Case Citation: 2023 LiveLaw...

Allahabad High Court Weekly Round-Up: June 12 To June 18

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