Petition Under Article 227 Not Maintainable Against Orders Of Tribunal When Remedies U/S 34 & 37 Of Arbitration Act Are Available: Allahabad HC

The Allahabad High Court Lucknow Bench of Justice Subahsh Vidyarthi observed that petition filed under Article 227 of the Constitution of India challenging the order passed by the Arbitral Tribunal directing the petitioners to provide a copy of the contract between the parties and the final bill to the claimant, cannot be entertained. In the present case, a petition under Article 227 of...

GST Fraud | Benefit Of S. 437 CrPC Can't Be Given To Women Who Are 'Powerful' & When Offence Affects Public At Large: Allahabad HC

The Allahabad High Court recently denied bail to a mother-son duo who are accused of creating several fake companies on paper (by collecting citizens' PAN and Aadhaar card details) to fraudulently claim input tax credit (ITC) and thereby cause the government massive losses. A bench of Justice Manju Rani Chauhan observed that bail could be denied in cases relating to economic offences...

Proceedings U/S 498A IPC By Second Wife Are Not Maintainable, Reiterates Allahabad High Court

The Allahabad High Court has reiterated that proceedings under Section 498-A (for the offence of cruelty) of the IPC by the second wife are not maintainable. A bench of Justice Anish Kumar Gupta observed thus while relying upon the Top Court's rulings in the cases of Shivcharan Lal Verma v. State of M.P 2002, Shivakumar and others Vs. State and Allahabad High Court's recent decision...

Second Application U/S 125 CrPC Is Maintainable Even If First Plea Was Dismissed Sans Liberty To File Afresh: Allahabad HC

The Allahabad High Court has observed that a second application seeking maintenance under Section 125 of CrPC would be maintainable even though the first plea was dismissed without providing the liberty to file fresh. A bench of Justice Saurabh Lavani also added that a man's refusal to support his wife and children, whom he is bound to support under the law, would be covered under...

Long-Standing Consensual Adulterous Physical Relationship Doesn't Amount To Rape: Allahabad High Court

The Allahabad High Court recently observed that a long-standing consensual adulterous physical relationship wouldn't amount to rape within the meaning of Section 375 IPC. A bench of Justice Anish Kumar Gupta observed this while quashing entire criminal proceedings against a man who had been accused of raping a woman on the pretext of a promise to marry her. The Court noted that...

[S.74 GST Act] Adjudicating Authority Must Record Prima Facie Satisfaction Regarding Assessee Wrongfully Obtaining Input Tax Credit: Allahabad HC

The Allahabad High Court has held that for initiating proceedings under Section 74 of the Goods and Service Tax Act, 2017, it is necessary for the adjudicating authority to record prima facie satisfaction regarding the assessee having wrongfully availed input tax credit (ITC) by fraud, willful misstatement or suppression of facts. The Court held that once the proceedings under Section...

Allahabad HC Refrains From Making Adverse Remarks Against 'Young' Magistrate, Orders Inquiry Against His Staff For Uploading 2 Unsinged Order Drafts

While refraining to pass adverse orders against a young magistrate, the Allahabad High Court ordered inquiry against his staff for uploading two copies of draft unsigned order on the website.Applicant approached the High Court against the order passed by the Additional Chief Judicial Magistrate, Ghaziabad in the defamation suit filed by the opposite party, one Ankur Garg. Other than arguments...

Where Will Spouses Go To Satisfy Their Sexual Urges If Not To Each Other In A Morally Civilized Society: Allahabad High Court

Recently, while dealing with allegations regarding assault due to unmet demands of dowry, the Allahabad High Court observed that the allegation in the FIR against the husband arose from sexual incompatibility between the parties rather than any actual demand for dowry.“If man would not demand sexual favour from his own wife and vice-versa, where they will go to satisfy their physical...

Ayodhya Minor Gangrape Case | 'He May Adversely Affect Trial': Allahabad High Court Denies Bail To SP Leader

The Allahabad High Court last week rejected the bail plea of Samajwadi Party leader Moid Ahmad in connection with the case of an alleged gang-rape of a minor girl in UP's Ayodhya in which Ahmad and his helper, Raju Khan, have been named as accused. A bench of Justice Pankaj Bhatia noted that although the FSL report on record confirms the paternity of the fetus with the co-accused and...

S. 156 (3) CrPC | Magistrate Can't Refuse Direction To Lodge FIR Merely Because Facts Are In Applicant's Knowledge: Allahabad HC

The Allahabad High Court has observed that merely because the facts of an alleged crime are in the knowledge of the applicant, who moves an application under Section 156 (3) CrPC, a magistrate can't refuse a direction to the Police to lodge an FIR. A bench of Justice Manju Rani Chauhan added that the gravity/seriousness of the offence, the requirement of the evidence to launch...

'They Resided Together As Husband-Wife': Allahabad HC Denies Relief To Man Charged With Dowry Death Of 'Live-In' Partner

The Allahabad High Court recently endorsed the view that to attract provisions of Sections 304-B (Dowry Death) and 498-A of IPC (Husband or relative of husband of a woman subjecting her to cruelty), it is sufficient to show that the victim woman and accused husband were residing as husband and wife at the relevant point of time. A bench of Justice Raj Beer Singh observed thus...

'Kalyugi Bharat': Allahabad High Court Rebukes Man For Filing Criminal Case Against Elder Brother To 'Wreak Vengeance'

The Allahabad High Court recently criticised a man for filing a criminal case against his elder brother (regarding a dispute that was essentially civil in nature) solely to harass him and seek vengeance. Calling the younger brother/complainant a 'Kalyugi Bharat' (कलयुगी भरत), a bench of Justice Saurabh Shyam Shamshery quashed the entire case proceedings as...