Allahabad High Court Weekly Round-Up: September 18 To September 24, 2023

NOMINAL INDEX Dr Virendra Singh v. State Of U.P. And 8 Others 2023 LiveLaw (AB) 333 The Commissioner, Commercial Tax v. M/S Ramway Foods Ltd 2023 LiveLaw (AB) 334 Shakeel Ahmed vs. State of U.P. and connected matters 2023 LiveLaw (AB) 335 Sushil Kumar And 2 Others vs. Legislative Council U.P. Lko. Thru. Prin. Secy. And 11 Others 2023 LiveLaw (AB) 336 Anita Devi And Another vs. State of U.P 2023 LiveLaw (AB) 337 Santosh Kumar vs. Gayatri Devi 2023 LiveLaw (AB) 338 Amit Jaiswal v. Dr. Pankhuri Agarwal @ Dr. Pankhuri Jaiswal 2023 LiveLaw (AB) 339 Abhishek Singh v. Shashi Singh @ Bindu Singh 2023 LiveLaw (AB) 341 Chhote Lal Sharma v. State Of U.P. And 2 Others 2023 LiveLaw (AB) 342 Priti Yadav @ Pinki v. Ashwani Gwal 2023 LiveLaw (AB) 343 Union Of India And 3 Others vs. Yashpal 2023 LiveLaw (AB) 344 Smt. Yasmeen Zia v. Smt. Haneefa Khursheed And 2 Others 2023 LiveLaw (AB) 345 ORDERS/JUDGMENTS Senior Citizens Act | Delegation Of Power To Sub-Divisional Magistrate Valid, Application Cannot Be Dismissed As Not Maintainable: Allahabad HC Case Title: Dr Virendra Singh v. State Of U.P. And 8 Others [WRIT - C No. - 19524 of 2023] Case Citation: 2023 LiveLaw (AB) 333 The Allahabad High Court has upheld the delegation of powers by the District Magistrate to the Sub-Divisional Magistrate under Section 22(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 read with Rule 22(2)(i) of the Uttar Pradesh Maintenance and Welfare of Parents and Senior Citizens Rules, 2014. A bench comprising of Justice Saumitra Dayal Singh and Justice Rajendra Kumar-IV held, “The power being vested in the District Magistrate, by an act of the principal legislature and that power being permitted to be delegated to the Sub-Divisional Magistrate, wherever there may arise any doubt as to maintainability of any application filed by any senior citizen under the Act, either before the delegate or the delegatee i.e. the District Magistrate or the Sub-Divisional Magistrate, such an application may never be dismissed as non-maintainable, for reason of delegation made or its lack.” UP VAT | Burden To Prove Purchase From Registered Dealer On Assesee: Allahabad High Court Case Title: The Commissioner, Commercial Tax v. M/S Ramway Foods Ltd. [SALES/TRADE TAX REVISION No. - 26 of 2023] Case Citation: 2023 LiveLaw (AB) 334 In a revision preferred by the Tax Department, the Allahabad High Court has held that the burden to prove that purchases were made from registered dealer lies on the Assesee claiming the same. The Department cannot be made to discharge a negative burden to prove that the sales were made from unregistered dealers. Perusing Section 16 (Burden of Proof) of the Uttar Pradesh Value Added Tax Act, 2008, bench comprising of Justice Piyush Agrawal held, “It is evidently clear that the burden of proof lies upon the dealer/opposite party. In other words, the burden of claim of ex U.P. purchases is squarely upon the opposite party, who has to discharge the said burden and not the Department. Merely showing the purchases through invoices from the registered dealer, will not enough and sufficient to proof that the purchases have been made bona fidely.” Ayodhya Terror Attack 2005 | After 18 Years In Jail, Allahabad HC Grants Bail To 4 Accused, Lists Appeals Against Conviction On Dec 4 Case title - Shakeel Ahmed vs. State of U.P. and connected matters Case Citation: 2023 LiveLaw (AB) 335 The Allahabad High Court granted bail to 4 alleged conspirators of the 2005 Ayodhya Ram Janmabhumi terror attack case who were found guilty in 2019 by a special court in Allahabad of conspiracy and providing logistic and material help to terror suspects. While passing the order for bail, the bench of Justice Ashwani Kumar Mishra and Justice Syed Aftab Husain Rizvi took into account the long period of incarceration of the accused who were arrested in August 2005. Allahabad High Court Directs CBI To Conduct Preliminary Probe Into Recruitment For UP Assembly Secretariat Staff Case title - Sushil Kumar And 2 Others vs. Legislative Council U.P. Lko. Thru. Prin. Secy. And 11 Others 2023 LiveLaw (AB) 336 Case Citation: 2023 LiveLaw (AB) 336 Expressing doubts regarding fairness in the recruitment process of Uttar Pradesh Legislative Assembly and Council staff, the Allahabad High Court has directed the CBI to conduct a preliminary probe into the matter and submit a report by the first week of November. The bench of Justice Attau Rahman Masoodi and Justice Om Prakash Shukla ordered thus while hearing a special appeal as well as a writ petition filed before it challenging an earlier order which dismissed a writ filed by petitioners in April this year challenging the recruitment process. Allahabad High Court Grants Bail To 2 Women Accused Of Condemning Hindu Religion, Inciting People To Convert To...

Allahabad High Court Weekly Round-Up: September 18 To September 24, 2023

Sparsh Upadhyay

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