NOMINAL INDEX Harish Chandra Bhati Versus Principal Commissioner Of Income Tax Noida 2022 LiveLaw (AB) 268 Bharat Pumps and Compressors v. Chopra Fabricators 2022 LiveLaw (AB) 269 Laxman Prashad v. State of U.P. and Another 2022 LiveLaw (AB) 270 Ishan International Educational Society Through its Director v. Shri Mukul Singhal Principal Secretary And 4 Others 2022...
NOMINAL INDEX
Harish Chandra Bhati Versus Principal Commissioner Of Income Tax Noida 2022 LiveLaw (AB) 268
Bharat Pumps and Compressors v. Chopra Fabricators 2022 LiveLaw (AB) 269
Laxman Prashad v. State of U.P. and Another 2022 LiveLaw (AB) 270
Ishan International Educational Society Through its Director v. Shri Mukul Singhal Principal Secretary And 4 Others 2022 LiveLaw (AB) 271
Sarafat and another v. State of U.P. and connected appeal 2022 LiveLaw (AB) 272
Suresh alias Chaveney v. State Of U.P and connected appeal 2022 LiveLaw (AB) 273
Ramshankar v. State of U.P. 2022 LiveLaw (AB) 274
Saleem Alias Kaliya Vs. State of U.P. 2022 LiveLaw (AB) 275
Hariom Sharma v. State of U.P. 2022 LiveLaw (AB) 276
Mirza Shafiq Hussain Shafaq And Another v. State Of U.P And Another 2022 LiveLaw (AB) 277
M/S SJS Gold Pvt. Ltd. Thru. Director Sunil Jaihind Salunkhe And Another v. State Of Up Thru. Addl. Chief Secy. Home Deptt. Civil Secrtt. Lko And Others 2022 LiveLaw (AB) 278
ORDERS/JUDGMENTS OF THE WEEK
Case Title: Harish Chandra Bhati Versus Principal Commissioner Of Income Tax Noida
Case Citation: 2022 LiveLaw (AB) 268
The High Court directed the centre and the tax department to take action against officials for issuing high-pitched and unreasonable reassessment orders.
The division bench of Justice Surya Prakash Kesarwani and Justice Jayant Banerji has observed that the centre should ensure to establish a monitoring cell at the level of government or CBDT within a month if it has not been established so far. The cell will ensure regular monitoring of the Local Committees, as well as follow-up actions and reviews by the Principal Chief Commissioners of Income Tax and Zonal Members, as well as an analysis of the quarterly reports.
Case Title: Bharat Pumps and Compressors v. Chopra Fabricators, Civil Revision No. 53 of 2022
Case Citation: 2022 LiveLaw (AB) 269
The High Court held that an application under Section 47 of the CPC is not maintainable in the execution proceedings under Section 17 of the Arbitration Act, 1940.
The Single Bench of Justice Piyush Agarwal held that an arbitration award is not a decree as defined under section 2(2) of CPC and therefore, the objection under section 47 of CPC, which can be filed only in execution of decree (as defined under section 2(2) CPC), is not maintainable in the proceedings seeking execution of the award.
Case title - Laxman Prashad v. State of U.P. and Another [CRIMINAL REVISION DEFECTIVE No. - 273 of 2016]
Case Citation: 2022 LiveLaw (AB) 270
"The Rules of limitation are not meant to destroy the rights of parties. They virtually take away the remedy. They are meant with the objective that parties should not resort to dilatory tactics and sleep over their rights. They must seek remedy promptly," the High Court stressed.
The Bench of Justice Shamim Ahmed observed thus as it dismissed a revision plea filed by one Laxman Prashad as barred by limitation. The revisionist had filed the plea with a delay of 756 days.
Case title - Ishan International Educational Society Through its Director v. Shri Mukul Singhal Principal Secretary And 4 Others
Case citation - 2022 LiveLaw (AB) 271
In a significant order, the High Court asked the UP Govt as to what is the requirement to appoint so many Additional Advocate Generals and Chief Standing Counsels at Allahabad High Court (both Benches) to defend the State when already more than 400 State lawyers are impaneled by it.
The Bench of Justice Rohit Ranjan Agarwal also took expectation to the practice of outsourcing the lawyers on behalf of the State and its various authorities and corporations wherein a big amount of taxpayers' money is being used.
Essentially, the Court was dealing with a contempt petition in a land acquisition matter. When the court reserved its Judgment, the Additional Advocate General M. C. Chaturvedi made a request that his appearance be recorded not only for the State of U.P. but also for the Ghaziabad Development Authority.
Case title - Sarafat and another v. State of U.P. and connected appeal
Case Citation: 2022 LiveLaw (AB) 272
The High Court (Lucknow Bench) upheld the life sentence awarded to three murder convicts for killing one Kadhiley in April 2004. The Court also underscored that mere delay in lodging the FIR may not prove fatal in all cases.
The bench of Justice Ramesh Sinha and Justice Saroj Yadav further stressed that the Court the criminal jurisprudence in India recognizes that the eyesight capacity of those who live in rural areas is far better than compared to the town folks.
"Identification at night between known persons is acknowledged to be possible by voice, silhouette, shadow, and gait also," the Court said as it discarded the argument of the convicts that there was no light at the place of occurrence and therefore, there was no possibility of identification of the assailants in the instant case.
Case title - Suresh alias Chaveney v. State Of U.P and connected appeal
Case Citation: 2022 LiveLaw (AB) 273
The High Court acquitted two accused of murder charges. The Court held that the instant case was based on circumstantial evidence and the prosecution had completely failed to prove beyond reasonable doubt the complete chain of events and circumstances which unerringly points toward the involvement and guilt of the two appellants.
The Bench of Justice Sunita Agarwal and Justice Shamim Ahmed also stressed that suspicion, however, strong cannot be allowed to take the place of proof and, therefore, the Court has to be watchful and ensure that conjectures and suspicions do not take place of legal proof.
Case title - Ramshankar v. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 12510 of 2019]
Case Citation: 2022 LiveLaw (AB) 274
The High Court granted bail to a POCSO Accused taking into account the welfare of the child born out of wedlock of Accused and Victim. The Court stressed that the life of a newborn child is at stake and she can't be left to face the stigma during her life.
In the instant case, the accused and the victim (both from the same village) had a love affair and out of fear of the villagers, the accused has eloped with the victim in May 2018 and had undergone marriage in a temple although the said marriage was not registered.
Case title - Saleem Alias Kaliya Vs. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 48222 of 2021]
Case Citation: 2022 LiveLaw (AB) 275
The Allahabad High Court on Thursday granted bail to a man booked under the Uttar Pradesh Prevention Of Cow Slaughter Act, 1955 on the condition that he shall serve the cows for a period of one month in Gaushala after his release from the jail.
The bench of Justice Shekhar Yadav issued this order while granting bail to one Saleem Alias Kaliya, who was booked under Sections 3/8 of the Cow Slaughter Act, 1955.
Case title - Hariom Sharma v. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 12379 of 2022]
Case Citation: 2022 LiveLaw (AB) 276
The High Court granted bail to a rape accused in view of the fact that the victim had not supported the prosecution's case during the trial and that she had been declared hostile.
The Bench of Justice Sanjay Kumar Singh also issued direction to the trial court to take steps for a refund of the compensation paid to her and also, ensure compliance of Section 344 CrPC [Summary procedure for trial for giving false evidence] in the instant case.
"Considering the societal interest, it is high time for the trial court to resort to Section 344 Cr.P.C in appropriate cases. In the present case since the prosecutrix before the trial Court has turned hostile and completely denied the prosecution's version, therefore she is not entitled to the benefit of any compensation paid by the Government, which has been collected from the taxpayers of the country," the court ordered as it granted bail to the accused.
Case title - Mirza Shafiq Hussain Shafaq And Another v. State Of U.P And Another [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 142 of 2021]
Case Citation: 2022 LiveLaw (AB) 277
The High Court ordered the deletion of an interim bail condition imposed on an Urdu scholar Mirza Shafiq Husain Shafaq in connection with a matrimonial dispute regarding the deposit of his passport before the S.S.P/S.P concerned.
Calling the bail condition 'onerous', the Bench of Justice Siddharth emphasized upon the fundamental right to travel abroad as it referred to the Punjab and Haryana High Court's decision in the case of Capt. Anila Bhatia vs State Of Haryana. Further, the Court ordered that the condition of the surrender of the passport be deleted.
Case title - M/S SJS Gold Pvt. Ltd. Thru. Director Sunil Jaihind Salunkhe And Another v. State Of Up Thru. Addl. Chief Secy. Home Deptt. Civil Secrtt. Lko And Others
Citation: 2022 LiveLaw (AB) 278
The High Court observed that non-reporting of the seizure of a bank account (seized by police under Section 102 CrPC) forthwith to the magistrate concerned doesn't render such seizure ipsofact illegal.
The Bench of Justice Ramesh Sinha and Justice Saroj Yadav observed thus as it relied upon and agreed with Allahabad High Court's order in the case of Amit Singh v. State Of U.P. And 3 Others 2022 LiveLaw (AB) 207.
Other updates from the High Court
The High Court granted interim to a Lucknow University student Kartik Pandey who has been accused of assaulting Professor Ravi Kant after he allegedly made controversial statements against the Kashi Vishwanath temple.
Pandey has also been accused of hurling abuses and casteist slurs at Professor Ravi Kant Chandan. Thereafter, he was booked under Sections 323, 352, 504, 506 I.P.C. and Section 3(1) (r), 3(1) (s) of SC & ST Act. Pursuant to this, he moved to the High Court seeking a quashing of the FIR.
The High Court asked the Uttar Pradesh Government as to why the machines and protective gears are not being used for cleaning of the drains across the state.
Essentially, the Bench of Chief Justice Rajesh Bindal and Justice J. J. Munir was dealing with a suo moto PIL plea wherein the Court had taken note of a news item, which was published in the newspapers on May 24, 2022.
In the news reports it was shown that without any protective gears, open drains were being cleaned up by the persons deployed either by the Nagar Nigam or through contractors. Earlier on May 26, the Court had issued notices to different Authorities in the State.
The High Court ordered an inquiry into the certificates issued by a 'Pradhan' of Arya Samaj temple. The Court issued this order while hearing a criminal writ petition filed by one Kapil Kumar who argued that he had solemnized marriage with the girl and therefore, lodgement of FIR against him was bad in law.
However, the Court expressed doubt over the petitioner's claim of marriage, which was based upon a marriage certificate issued by one Santosh Kumar Shastri claiming himself to be Pradhan of Arya Samaj Krishna Nagar, Prayagraj.