Allahabad High Court Weekly Round-Up: May 20 – May 26, 2024

NOMINAL INDEX M/S Moksh Innovations Inc. Lko. Thru. Manager Jitendra Singh Bisht vs. E City Property Management And Services (P) Ltd. New Delhi Thru. Property Manager And Others 2024 LiveLaw (AB) 324 Sh. Dharmveer Tyagi And Others vs. Competent Authority, Dfcc, Special Land Acquisition (Joint Officer Organization) And Others 2024 LiveLaw (AB) 325 Tirthraj v. State Of U.P. Thru. Secy. Secondary Education Lko. And 4 Others 2024 LiveLaw (AB) 326 The Pr Commissioner Of Income Tax, Aaykar Bhawan And Another vs. The Mahabir Jute Mills Lts. Sahjanwah Gorakhpur 2024 LiveLaw (AB) 327 The Commissioner, Commercial Tax U.P. v. M/S R.P. Milk Made Products (P) Ltd. 2024 LiveLaw (AB) 328 Shivani Chaurasia And Another vs. State Of U.P. And Another 2024 LiveLaw (AB) 329 M/s Geo Miller and Co. Pvt. Ltd. vs UP Jal Nigam and Others 2024 LiveLaw (AB) 330 Rajesh Kumar S/O Ram Khelawan Singh And Anr. v. Union Of India Thru Secy. Ministry Of Health And Family Welfare 2024 LiveLaw (AB) 331 Alka Sethi And Another vs. State Of Up And 4 Others 2024 LiveLaw (AB) 332 2024 LiveLaw (AB) 333 Ram Bahal and others v. D.D.C. And Others 2024 LiveLaw (AB) 334 Pintu Singh @ Rana Pratap Singh And 2 Others vs. State of U.P. and Another 2024 LiveLaw (AB) 335 2024 LiveLaw (AB) 336 M/S Devi Dayal Trust And Others V. M/S Rajhans Towers Pvt. Ltd. 2024 LiveLaw (AB) 337 Umesh Kumar Sirohi v. State Of U P And Another 2024 LiveLaw (AB) 338 Manoj Kumar Gupta And 2 Others vs. State Of U.P. And 3 Others 2024 LiveLaw (AB) 339 Bhudev vs. State of U.P. 2024 LiveLaw (AB) 340 Santosh Kumar And 2 Others v. Board Of Revenue U.P. Prayagraj Thru. Its Member Judicial And 10 Others 2024 LiveLaw (AB) 341 Ishita Dua v. Tarun Kumar Sharma 2024 LiveLaw (AB) 342 Rajiv Malhotra vs. State of U.P. and Another 2024 LiveLaw (AB) 343 M/S S Kumar Construction v. Commissioner Of Central Excise (Appeals), Central Goods And Services Tax (Appeals) And Another 2024 LiveLaw (AB) 344 Dr. Tanzeen Fatima Vs. State of U.P and connected matters 2024 LiveLaw (AB) 345 ORDERS/JUDGMENTS OF THE MONTH Special Appeal/ Letters Patent Appeal Against Order U/S.11 Of Arbitration Act Not Maintainable: Allahabad High Court Case Title: M/S Moksh Innovations Inc. Lko. Thru. Manager Jitendra Singh Bisht vs. E City Property Management And Services (P) Ltd. New Delhi Thru. Property Manager And Others 2024 LiveLaw (AB) 324 [SPECIAL APPEAL DEFECTIVE No. - 266 of 2024] Citation: 2024 LiveLaw (AB) 324 The Allahabad High Court has held that by virtue of Section 11(7) of the Arbitration and Conciliation Act, 1996, special appeal and letters patent appeal against orders passed under Section 11(4), (5) and (6) of the Act is not maintainable. The Court held that since the Amending Act of 2019 which did away with Section 11(7) had not been notified by way of Official Gazette, the bar placed by Section 11(7) is still in force. S.5 Limitation Act Does Not Apply To Application U/S 34 Arbitration Act, Timeline Provided To Be Adhered Strictly: Allahabad High Court Case Title: Sh. Dharmveer Tyagi And Others vs. Competent Authority, Dfcc, Special Land Acquisition (Joint Officer Organization) And Others 2024 LiveLaw (AB) 325 [APPEAL UNDER SECTION 37 OF ARBITRATION AND CONCILIATION ACT 1996 No. - 257 of 2024] Citation: 2024 LiveLaw (AB) 325 The Allahabad High Court has held that Section 5 of the Limitation Act does not apply to proceedings under Section 34 of the Arbitration and Conciliation Act, 1996 and the timeline provided in Section 34(3) for challenging an arbitral award must be strictly adhered to. Section 34(3) of the Arbitration and Conciliation Act, 1996 provides a period of 3 months for challenging an arbitral award. Proviso to Section 34(3) empowers Court to condone a delay of 30 days if sufficient cause for delay is show, “but not thereafter.” S.33-G UP Secondary Education (Service Selection Boards) Act A Beneficiary Provision To Regularize Teachers Serving For Decades: Allahabad High Court Case Title: Tirthraj v. State Of U.P. Thru. Secy. Secondary Education Lko. And 4 Others 2024 LiveLaw (AB) 326 [WRIT - A No. - 8517 of 2023] Citation: 2024 LiveLaw (AB) 326 The Allahabad High Court has held that Section 33-G of the Uttar Pradesh Secondary Education (Service Selection Boards) Act, 1982 which was added by way of amendment in 2016 was added a beneficiary scheme for teachers who had spent decades serving as teachers. The provision governs substantive appointments of teachers on posts other than that of the Principal/ Headmaster. Sub-section (a) thereof provides for regularization of teacher, other than the principal or headmaster, who has been appointed by promotion or by direct recruitment in the lecturers grade or trained graduate grade, on or after 7.8.1993, but not later than 25.1.1999 on short term Vacancy in accordance with...

Allahabad High Court Weekly Round-Up: May 20 – May 26, 2024

Sparsh Upadhyay

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