Allahabad High Court
Allahabad High Court Dismisses Challenge To Appointment Of Commissioners Of Income-Tax (Appeals)
The Allahabad High Court has held that Sections 116 and 117 of the Income Tax Act, 1961 empower the Central Government to appoint Commissioner of Income-Tax (Appeals). Same pay scale would not make provisions of appointment under other statues applicable to the appointment of authorities under the Act of 1961.“First and foremost, we find that the statute, i.e. the Act of 1961 is a...
'Argue Cases On Merits, Don't Beg Before Judges': Justice DK Singh Advises Young Lawyers As He Bids Farewell To Allahabad HC
In an event organised by the UP Advocate General's Office to bid farewell to Justice Dinesh Kumar Singh, who has been transferred to the Kerala High Court, Justice Singh on Thursday advised young lawyers to argue their cases on merits and to never beg before any Judge.Justice Singh urged young lawyers to not be bothered by materialism or other considerations like the income of other...
“If I Can Do It, You Can Too”: Justice Sunita Agarwal To Young Female Lawyers As She Bids Farewell To Allahabad High Court
The Allahabad High Court on Thursday held farewell ceremony for Justice Sunita Agarwal, who has been elevated as the Chief Justice of Gujarat High Court. In her parting speech, Justice Agarwal stressed upon the importance of realising that everyone is a part of the institution.“To the young members of the bar, I would like to say, always remember that this institution is above all of us....
Vague Arrest Memo, Allahabad High Court Grants Bail To Accused In Fake GST ITC Worth Rs.88 Crores
The Allahabad High Court has granted bail to the person allegedly involved in the creation of 92 fake GST Forms and the passing of fake Input Tax credits (ITC) to the tune of Rs. 88 crore.The bench of Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava has observed that even in the arrest memo, the Department is not sure as to what offence has been committed by the petitioner,...
Advocates’ ‘Misbehaviour’ With Lady Judge: Allahabad High Court Orders Forensic Examination Of CCTV Footage Of The Incident
While dealing with a reference concerning certain advocates’ alleged misbehaviour with a lady judicial officer in the Barabanki judgeship last year, the Allahabad High Court has directed the Forensic Science Laboratory, Lucknow to examine the CCTV footage of the incident. The bench of Justice Sangeeta Chandra and Justice Narendra Kumar Johari ordered thus after...
Allahabad High Court Denies Jaypee’s Interim Plea To Sell Land For Clearing Dues When Allotment Stands Cancelled By Yamuna Expressway Authority
The Allahabad High Court has declined the proposal of M/s Jai Prakash Associates (Jaypee) to sell off certain portion of the 1,000 hectares land earlier allotted to it under the Special Development Zone Project in the Yamuna Expressway Development Area, for clearing the dues of YEIDA (Yamuna Expressway Industrial Development Authority).The bench comprising Chief Justice Pritinker Diwaker...
[Cheating] Vires Of Section 420 IPC Challenged Before Allahabad High Court
A writ petition has been filed before the Allahabad High Court challenging the vires of Section 420 of IPC (Cheating and dishonestly inducing delivery of property) on the grounds that it is violative of Article 14 and Article 21 of the Constitution.Counsel for Petitioners argued that there is no material difference between the offence of cheating punishable under Section 417 IPC and offence...
Samvasini Case: Allahabad HC Stays Coercive Action Against Randeep Surjewala Till Disposal Of His Plea For Legible Documents U/s 207 CrPC
The Allahabad High Court has stayed coercive action against Congress leader and Rajyasabha MP Randeep Singh Surjewala till the disposal of his application before the Varanasi Court to provide him with Legible documents including the charge sheet under section 207 CrPC in the 23-year-old case of damage to public property. The bench of Justice Raj Beer Singh passed this order...
Mere Pendency Of Criminal Case No Ground To Cancel Arms License In Absence Of Clear Finding Of Threat To Public Peace: Allahabad High Court
The Allahabad High Court has reiterated that pendency of criminal cases cannot be the sole ground for cancellation of firearm license in the absence of a specific recording by a competent authority that possession of the same would be dangerous to public peace, safety and security.Relying on the decision of a coordinate bench in Ram Prasad v. Commissioner and others, Justice Manju Rani...
Allahabad HC Stays Single Judge's Judgment Reading Down 'Regulation 40 (ग)' Of 'UP Intermediate Education Act' Regarding 'Name Change'
The Allahabad High Court has stayed the effect and operation of the May 2023 judgment and order of a Single Judge reading down Regulation 40 (ग) of the Uttar Pradesh Intermediate Education Act, 1921 which prohibits acceptance of any application filed by a person seeking to change his name in his educational document adopting nicknames, names disclosing a person’s religion or caste or use...
Daughters Can Apply For Compassionate Appointment Irrespective Of Their Marital Status: Allahabad High Court On Co-op Society Regulations
The Allahabad High Court struck down the word ‘unmarried’ occurring before ‘daughter’ in the note appended to Regulation 104 of U.P. Cooperative Societies Employees' Service Regulations, 1975 which governs eligibility for compassionate appointment. A bench comprising Justices Devendra Kumar Upadhyaya and Om Prakash Shukla observed that the State has recognised the right of...
CRPF | Denying Employment/Promotion To HIV-Positive Person Is Violative Of Articles 14, 16 And 21: Allahabad High Court
In a significant verdict, the Allahabad High Court has held that a person, who is otherwise fit, could not be denied employment only on the ground that he or she is HIV positive and this principle also extends to grant of promotion."In any case, a person’s HIV status cannot be a ground for denial of promotion in employment as it would be discriminatory and would violate the principles laid...