Allahabad High Court
CGST Rules | Remedy Under Rule 159(5) Against Provisional Attachment Must Be Availed Before Approaching Court: Allahabad High Court
The Allahabad High Court has held that Rule 159(5) of the Central Goods and Service Tax Rules, 2017 which provides remedy to file objections against the attachment of property must be availed before approaching the Court.CGST Department carried out an investigation against 3 persons including the petitioner and her husband for availing and passing on wrong Input Tax Credit by creating...
2019 Hate Speech Case: Allahabad High Court Issues Notice To SP Leader Azam Khan In UP Govt's Appeal Challenging His Acquittal
The Allahabad High Court has issued a notice to the Samajwadi Party leader Azam Khan in the Uttar Pradesh Government's appeal challenging an order of the Rampur Court acquitting Khan (in May the year) in the 2019 hate speech case which led to his disqualification as an MLA, last year.Hearing the appeal on Thursday, the bench Justice Raj Beer Singh has also summoned the record of the trial...
Assessee Ought To Have Waited For Relevant Form To Go Live On GST Portal Instead Of Making Illegal Adjustment: Allahabad High Court
The Allahabad High Court has held that the assessee ought to have waited for the relevant form to go live on the GST portal instead of making an illegal adjustment.The bench of Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava has observed that it was incumbent upon the petitioner to have raised a proper grievance on the GST portal help-desk and ought to have waited for the...
Gyanvapi | 'Scientific Survey Will Help Plaintiffs, Defendants Alike; Parties Free To Remain Present During ASI Survey': Allahabad HC
While upholding the Varanasi Court's July 21 order for an ASI Survey of the Gyanvapi Mosque Premises, the Allahabad High Court today said that the scientific survey of the disputed site is "necessary in the interest of justice" and it shall "benefit the plaintiffs and defendants alike" and it will also "come in aid of the trial court" to arrive at a just decision in the matter.The Court...
BREAKING | [Gyanvapi] 'Scientific Survey Necessary In Interest Of Justice' : Allahabad HC Dismisses Mosque Committee's Challenge To ASI Survey Of Premises
The Allahabad High Court today dismissed Anjuman Intezamia Masjid Committee's challenge to the Varanasi District Judge's July 21 order for ASI Survey of the Gyanvapi Mosque."Issue of a comminsion is permissible. The Varanasi Court was justified in ordering for ASI survey of the premises. Scientific survey is necessary in the interst of justice, " said the bench of Chief Justice Pritinker...
Mere Non-Payment Of Money Under A Contract No Ground To Deny Anticipatory Bail To Accused: Allahabad High Court
The Allahabad High Court has observed that mere non-payment of money paid under a contract cannot be a ground for criminal prosecution of a party to the agreement and, in any case, that "cannot be a ground for rejection of the anticipatory bail application" of the accused person.The bench of Justice Subhash Vidyarthi observed thus while granting anticipatory bail to one Vijay Pal Prajapati,...
What Steps Taken To Control Menace Of Coaching Institutes Running In Schools Premises Across UP?: Allahabad HC Asks CBSE, UP Govt
The Allahabad High Court has asked the Central Board of Secondary Education (CBSE) as well as the Uttar Pradesh Government to file a response in 10 days about the steps taken by them to control the "menace" of coaching institutes running in the premises of school/college buildings across the state.A bench of Justice Mahesh Chandra Tripathi and Justice Prashant Kumar made this enquiry...
PIL In Allahabad High Court Challenges Recent Appointments Of State Law Officers
A public interest litigation has been filed before the Allahabad High Court challenging the recent appointments of Chief Standing Counsels and Additional Government Advocates.The matter was argued before a bench of Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava, which has directed the parties to supply a synopsis of their arguments.Petitioners who are enrolled with the...
PIL In Allahabad HC Seeks Sealing Of Entire Gyanvapi Mosque Premises Sans Affecting ASI Survey, Ban On Entry Of Non-Hindus
A Public Interest Litigation (PIL) plea has been moved before the Allahabad High Court seeking a direction to the Uttar Pradesh Government to seal the entire Gyanvapi Mosque premises (w/o affecting the ASI Survey order of the Varanasi Court) so that "no damage can be done by non-Hindus/Non-Sanatani to Hindu sign/symbol present inside the premises".The PIL plea has been moved by the Chief of...
Estate Duty Act 1953 | Alleged Waqif Not Entitled To Exemption U/S 12 If He Reserves Right To Amend Waqf Deed: Allahabad High Court
The Allahabad High Court has held that exemptions cannot be claimed from paying estate duty under Estate Duty Act, 1953 if waqif has a reserved right to amend the waqf deed and provisions therein to derive gains from the waqf property. The petitioner is the adopted child of one Gulam Azad Khan who allegedly created a waqf-alal-aulad under the Mussalman Waqf Validating Act, 1913. As per the...
Impermissible For A Person Below 18 Years Of Age To Be In A 'Live In Relation', Such Acts Are Immoral, Illegal: Allahabad High Court
The Allahabad High Court has observed that a 'child' (a person below the age of 18 years) cannot be in a live-in relationship and this would be an act not only immoral but also illegal.The Court also said that there are several conditions for a live-in relation to be treated as a relation in nature of marriage and in any case, a person has to be major (above the age of 18 years) although he...
Allahabad High Court Monthly Digest: July 2023
NOMINAL INDEX Suneeta And Another vs. State Of U P And 3 Others 2023 LiveLaw (AB) 204 Srikant Tyagi and another vs. Union of India and 4 Others 2023 LiveLaw (AB) 205 Deepak Kumar Yadav v. Principal Commissioner of Income Tax and Anr. 2023 LiveLaw (AB) 206 Dinesh Pal Singh and Anr. vs. Presiding Officer and 2 others 2023 LiveLaw (AB) 207 Manjeet Singh & Others. v. State...