Allahabad High Court
E-Way Bill Expired Due To Vehicle Break Down: Allahabad High Court Quashes Seizure Memo
The Allahabad High Court has set aside an order under Section 129(3) of the UPGST Act 2017 by which a penalty was imposed solely on the ground that no evidence had been adduced regarding the illness of the driver and the breakdown of the vehicle.Petitioner regularly made inward supply from GAIL, Auraiya U.P. Inward supply from GAIL Auraiya U.P. was made for which two invoices dated 6.3.2023...
Project Cost Gone Up Form 25 Crore To 950 Crore: PIL In Allahabad High Court Against Delay In Completing Lucknow's Convention Centre JPNIC
A public interest litigation has been filed in the Allahabad High Court seeking completion of the Jaiprakash Narayan International Center in Lucknow within a time bound manner and to make it operational for public use. Petitioner, a journalist, alleged that due to impropriety and illegal actions of certain officials, the state exchequer has suffered huge loss. In 2006, the then State...
Section 5 Of Limitation Act Applicable To Proceedings Under Railway Claim Tribunal Act, 1987: Allahabad High Court
The Allahabad High Court has held that Section 5 of the Limitation Act, 1963 is applicable to proceedings under the Railway Claim Tribunal Act, 1987 read with Railway Claim Tribunal (Procedure) Rules, 1989. The bench comprising of Justice Ajay Bhanot was adjudicating an appeal arising from a claim application filed before the Railway Claim Tribunal, which was dismissed in default...
Section 11 Application Not Maintainable If Objection To Jurisdiction Of Arbitrator Rejected By Arbitral Tribunal: Allahabad High Court
The Allahabad High Court has recently held that to challenge the jurisdiction of the arbitrator, once the same has been rejected by the Tribunal, the aggrieved party has to challenge the final award. Application under Section 11 of the Arbitration and Conciliation Act, 1996 before the High Court is not maintainable to that effect. Justice Ashwani Kumar Mishra held,“From the statutory...
'Gautam Das' Remark Against PM Modi: Allahabad High Court Dismisses Congress Leader Pawan Khera's Plea To Quash Case
The Allahabad High Court today dismissed Congress Spokesperson Pawan Khera's plea seeking the quashing of entire criminal proceedings in the case against him for his alleged 'Narendra Gautam Das Modi' remark made against Prime Minister Narendra Modi in February this year.The bench of Justice Rajeev Singh observed that the evidence collected by the Investigating Officer cannot be evaluated by...
Intention To Arbitrate Can Be Derived From Agreement Clauses Read With Letters Exchanged Between Parties: Allahabad High Court
The Allahabad High Court has held that the intent of the parties to submit their dispute to arbitration can be derived from the clauses of their agreement read along with the letters exchanged between them. Applicant and the Opposite Party entered into a partnership agreement on 01.12.2016. Clause 21 of the agreement stipulated that in case of any dispute among the partners, the law...
Allahabad High Court Imposes 10K Cost On Income Tax Authority For Violation Of Principles Of Natural Justice
The Allahabad High Court on Wednesday imposed a cost of Rs. 10,000 to be paid by an erring officer of the Income Tax Department for violating the principles of natural justice while cancelling the earlier Assessment Order and initiating fresh proceedings under Section 263 of the Income Tax Act, 1961. Assessment of the Petitioner was completed under section 143(3) of the Income Tax...
Allahabad High Court Junks PIL Seeking Direction To UOI, UP Govt To 'Fix' Date/Place Of Birth Of Goswami Tulsidas
The Allahabad High Court earlier this month dismissed a Public Interest Litigation (PIL) plea to the Union of India as well as the UP Govt to fix and recognize the correct date and place of birth of revered Hindu saint and author of Ramcharitmanas, Mahakavi Goswami Tulsidas based on the majority of evidence and information available on record.The bench of Justice Attau Rahman Masoodi and...
Right To Construct A Temple On Private Property Protected U/Articles 25 & 26, It Can't Offend Religious Sensibilities Of Others: Allahabad HC
The Allahabad High Court last week observed that the right to construct a Temple on private property is protected by Articles 25 and 26 of the Constitution and such construction cannot offend the religious sensibilities of any other community.The bench of Justice Salil Kumar Rai and Justice Surendra Singh-I also said that the mere fact that a Masjid exists nearby the plot on which the Temple...
Allahabad High Court Weekly Round-Up: August 7 to August 13, 2023
NOMINAL INDEX Social Forum on Human Rights vs. State of U.P. & Another 2023 LiveLaw (AB) 247 Amit Kumar vs. State of UP & 2 Others 2023 LiveLaw (AB) 248 State of U.P. vs. Har Dayal Singh And Others 2023 LiveLaw (AB) 249 M/S Bansal Construction Office v. Yamuna Expressway Industrial Development Authority And 2 Others 2023 LiveLaw (AB) 250 Jitendra Singh Visen and...
Allahabad HC Denies Bail To 19 Y/O 'Lashkar-e-Taiba Associate' Accused Of Promoting Arms Acquisition Through WhatsApp
The Allahabad High Court last week denied bail to a 19-year-old alleged associate of 'Lashkar-e-Taiba' who was arrested by the Anti-Terrorist Squad (ATS) of UP Police last year on the charges of spreading hatred, promoting anti-India feelings and providing and facilitating the acquisition of weapons through WhatsApp groups.Considering the allegations against the accused (Inamul Haq Alias...
UP GST Act | Refund Cannot Be Withheld Merely Because Physical Application U/S 54 Was Filed: Allahabad High Court
The Allahabad High Court recently directed the GST Department to refund the amount based on physical application for refund under Section 54 of the UP Goods and Service Tax Act, 2017 read with Rule 97-A of the UP GST Rules, 2017. The Court further held that the Department is liable to pay interest on the refund withheld in terms of Section 56 of the Act.Petitioner was transporting...