Allahabad High Court
S.132B(1)(i) Income Tax Act | Power Of Assessing Authority To Decide Application For Release Of Seized Assets Not Automatically Abated After 120 Days: Allahabad HC
The Allahabad High Court has held that the jurisdiction of the Assessing Authority to decide the application for release of seized assets under Section 132B (1)(i) does not abate after a period of 120 days from the date on which the last of the authorizations for search under section 132 or for requisition under section 132-A was executed.The Court held that the word “shall” in 2nd proviso...
Allahabad High Court Directs UP Govt To Pay ₹25K Compensation To Man Illegally Detained By 'SDM' For 3 Days
Last week, the Allahabad High Court directed the state government to pay Rs. 25,000 compensation to a man illegally detained for three days due to an 'arbitrary' act of the Sub-Divisional Magistrate posted in Jaunpur District. A bench of Justice Siddharth and Justice Surendra Singh-I also directed the payment of litigation costs of Rs. 10,000/—to the man/petitioner in view of the HC's judgment in the case of Shiv Kumar Verma and Another v. State Of U.P. and 3 Others 2021. The division...
Allahabad HC Quashes Criminal Case Against SP Leader Accused Of Canvassing For Father Sans Permission During 2022 UP Polls
The Allahabad High Court last week quashed criminal proceedings in connection with a case against a Samajwadi Party (SP) leader and former UP Minister's daughter, Shreya Verma, who was accused of canvassing for his father in the Uttar Pradesh Vidhansabha elections of 2022 without obtaining the necessary permission. A Bench of Justice Shamim Ahmed found faults with the registration of the FIR against Verma and others under Sections 171H and 188 IPC. It observed that the police ...
District Judges Facing Peril Of Transfer Over 'Absurd' Bias Allegations, Difficult For Them To Freely Exercise Jurisdiction: Allahabad HC
The Allahabad High Court has observed that there is fear in the District Judiciary in deciding cases as it may lead to administrative complaints and subsequent transfers.“They also face transfer application on hideous and absurd allegations of bias, without the slightest fear in the minds of those who make them about consequences. It is difficult for a Judge in the Civil Court to exercise his jurisdiction freely, if he constantly works not just aware of the professional routine of having his...
Allahabad HC Clears Sapna Choudhary's Way For Renewal Of Passport, Sets Aside Magistrate Court's Order Refusing NOC
The Allahabad High Court last week directed the passport authorities to decide the application moved by Actress Sapna Choudhary for renewal/re-issue of her passport and pass an order within 1 month. Asserting that the right to travel abroad is a part of the personal liberty guaranteed under Articles 21 and 19 (1) (g) of the Constitution of India, a bench of Justice Shamim Ahmed set aside an Additional Chief Judicial Magistrate Court's order refusing 'no objection' certificate for...
Money Laundering Case | Allahabad HC Quashes ₹2.5 Crore Deposit Condition Imposed For Grant Of Anticipatory Bail
The Allahabad High Court recently quashed a condition imposed by a Special Anti-Corruption Court on an accused in a money laundering case, directing her to deposit a staggering ₹2.5 crore to secure anticipatory bail. A bench of Justice Sanjay Kumar Singh granted relief to Meena Anand, taking note of the Supreme Court's various rulings against the imposition of onerous bail conditions.The...
Arbitration Is Hailed As A Faster Alternative To Traditional Litigation, But Reality In India Falls Short Of Object: Allahabad HC
The Allahabad High Court has held that interference in an arbitral award on grounds of violation of public policy can be done if it is against the substantive provisions of the Act.The Court held that interference in arbitral award under Section 37 of the Arbitration and Conciliation Act, 1996 on grounds of 'public policy' must be cautiously done as it can lead to excessive judicial review...
Arbitral Award Can't Be Challenged U/S 47 CPC In Execution Proceedings: Allahabad High Court Imposes ₹5 Lakh Cost On State
The Allahabad High Court has imposed a cost of Rs. 5 lakhs on the State of Uttar Pradesh for raising objections under Section 47 of CPC in execution proceedings under Section 36 of the Arbitration and Conciliation Act, 1996 on the grounds which were decided in application under Section 34 but were not raised in appeal under Section 37 of the 1996 Act.While dismissing the appeal, Justice...
'Clear Discrimination Based On Religion': Allahabad HC Summons Judicial Officer For Observations On Muslim Lawyers
The Allahabad High Court recently summoned a Judicial Officer after critiquing his remarks made in his orders “against a specific community”, deeming it a case of judicial misconduct. “It can be clearly inferred that the trial court had passed the order which is directly contrary to the terms of Article 15(1) as violating a specific constitutional prohibition. The learned Judge...
Allahabad High Court Grants Bail To Man Accused Of Abusing Lord Rama Considering His Unconditional Apology
Considering his unconditional apology tendered in the police station, the Allahabad High Court last week granted bail to one Riyaz alias Ovaisi, who has been accused of abusing Lord Rama on Facebook. A bench of Justice Sameer Jain granted him the relief while noting that the accused does not have any prior criminal record and has been in custody since January 28, 2024. The Court...
Victim's False Depiction As A Minor Is Abuse Of Court Process: Allahabad HC Mandates Prompt Age Determination Report Filing In POCSO Cases
In a significant ruling, the Allahabad High Court has directed that the police authorities/investigation officers must ensure that in every POCSO Act case, a medical report determining the victim's age is drawn up at the outset under the mandate of Section 164A of CrPC read with Section 27 of the POCSO Act, 2012 and the same is submitted to the Court without any delay. The...
'Argue On Law, Avoid Emotions': HC Tells Lawyer In PIL For Renaming Allahabad HC As 'High Court Of UP' In Official Docs
Hearing the PIL (Public Interest Litigation) plea filed before the Allahabad High Court seeking to rename HC as the "High Court of Uttar Pradesh" in the official documents, Chief Justice Arun Bhansali today asked the counsel for the petitioner to present only legal arguments in the matter while keeping his emotions aside."Agar aapko yahi sab bolna hai to 5 minutes aur bol lijiye. Agar...