Allahabad High Court
Reply Not Considered In Totality: Allahabad High Court Sets Aside Blacklisting Order
The Allahabad High Court has set aside an order of blacklisting for indefinite period as the reply of the petitioner company was not considered in its totality but was rejected as being not satisfactory.Observing that blacklisting has civil consequences for a company, the bench comprising Justice Shekhar B. Saraf and Justice Manjive Shukla held that “an order of blacklisting is...
Transfer Order Passed During Operation Of Election Notification Without Prior Approval Of State Election Commission Not Sustainable: Allahabad HC
The Allahabad High Court has held that no notification transferring an employee involved in elections can be passed during the period where election notification is active except with prior permission of the State Election Commission. It was held that such transfer order is non est in law.Petitioner was serving as Assistant Development Officer (Panchayat), when his transfer order issued...
Goods In Transit Without Documents, Can Survey Business Premises To Find Correctness Of Transaction: Allahabad High Court
The Allahabad High Court has held that if the goods in transit are not accompanied by proper documentation, including e-way bill, the authorities can survey the business premises of the assesee to determine the correctness of the transaction. However, it was held that if the e-way bill was produced before passing of seizure order under Section 129 of the Goods and Service Tax Act, 2017,...
Allahabad High Court Holds Deputy Commissioner Of Income Tax Guilty Of Contempt
The Allahabad High Court has held Retired Deputy Commissioner Of Income Tax Range 2 guilty of contempt of Court under Section 12 of the Contempt of Courts Act, 1971 for assuming jurisdiction in respect of the assesee-applicant in respect of a different assessment year when the Writ Court had directed that he has no jurisdiction in respect of the assesee. While directing...
Oral Gift Under Mohammedan Law Reduced In Writing On Unregistered Document Cannot Be Subjected To S.47A Of Indian Stamp Act: Allahabad HC
The Allahabad High Court has held that oral gift under the Mohammedan Law which is reduced in writing on an unregistered document cannot be subjected to proceedings under Section 47-A of the Indian Stamp Act.Section 47-A of the Indian Stamp Act empowers the Collector to initiate proceedings for deficiency in stamp duty on any instrument under the Act. Sub-section (1) of Section 47-A provides...
'Country In Dire Need Of Research Work': Allahabad High Court Restores Admission Of PhD Student On Verge Of Completing Course
The Allahabad High Court has held that after completing 5 years of PhD course, a student cannot be denied completion merely due to some alleged irregularity during the admission process.While granting relief to the petitioner student, Justice Alok Mathur observed,“the country is making its best efforts to grow from a developing nation to a developed one. Repeatedly, it is said that to become...
'Doctrine Of Relation Back' Applies In Service Matters When Subsequent Order Passed In Favour Of Employee Relates To Initial Dispute: Allahabad HC
The Allahabad High Court has upheld the application of doctrine of relation back in service disputes where subsequent orders have been passed in favour of the employee relates to initial disputes.While directing payment of salary arrears from year 1998 (date of stop order) to 2021(date when petitioners appointments were held valid), Justice Manish Mathur held that “doctrine of relation...
Allahabad High Court Rejects An Advocate's PIL Against Centre's Mandatory FASTag Policy
Earlier this month, the Allahabad High Court rejected a Public Interest Litigation (PIL) plea moved by an advocate challenging the central government's decision to declare all the lanes in the Fee Plaza at Highways as FASTag lanes. A bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar observed thus: “…(this) decision apparently cannot be faulted in view of fast...
In-Person Petitions To Allahabad High Court Can Be Filed From District Courts' E-Service Centres, Photo Identity Verification To Be Removed
In a reply to an application filed by Advocate K.C. Jain under the Right To Information Act, 2005, the Registrar, Central Public Information Officer, Allahabad High Court has stated that those petitioners seeking to appear “in person” can e-file their petitions from district courts' eSewa Kendras. It has been stated that the option for photo identity verification of such petitioners...
UP 'Anti-Conversion' Law Seeks To Sustain Spirit Of Secularism; Religious Freedom Doesn't Include Collective Right To Proselytize: Allahabad HC
Last week, the Allahabad High Court observed that the purpose of the UP Prohibition of Unlawful Conversion of Religion Act, 2021, is to guarantee religious freedom to all persons, reflecting India's social harmony and spirit. The objective of this Act is to sustain the spirit of secularism in India. A bench of Justice Rohit Ranjan Agarwal further said that while the...
Since BNS, BNSS Have Been Enacted, Allahabad High Court Disposes PIL Challenging Validity Of IPC, CrPC And Other Criminal Laws
Recently, the Allahabad High Court disposed of a public interest litigation wherein the petitioner sought a declaration that the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973 and other criminal laws were violative of Article 13 and 21 of the Constitution of India.Petitioner appearing in person argued that the laws were non-reformative and more punishment oriented.The...
S.19 HMA | Family Court Can Only Decline Jurisdiction Upon Objection Of Opposite Party Or On Transfer Order By Superior Court: Allahabad HC
The Allahabad High Court has held that if Family Courts at two places have concurrent jurisdiction over divorce proceedings, one of them can only decline entertaining such petition on grounds of jurisdiction if specific objection is pressed by the other side or an order transferring the proceedings has been passed by a superior court.Section 19 of the Hindu Marriage Act, 1955 vests...