Allahabad High Court
Barred By Limitation: Allahabad HC Rejects BJP Leader Maneka Gandhi's Plea Against Sultanpur MP's Election
The Allahabad High Court (Lucknow Bench) today DISMISSED a plea moved by Senior BJP leader, former MP and Cabinet Minister Maneka Gandhi challenging the election of Samajwadi Party MP Ram Bhuwal Nishad from the Sultanpur Lok Sabha constituency.A bench of Justice Rajan Roy found the election plea to be barred by limitation, holding that Gandhi's election plea had been filed in contravention...
Hindu Father Bound To Maintain Unmarried Daughter As Per S. 20 HAM Act If She Is Unable To Maintain Herself: Allahabad HC
The Allahabad High Court has observed that Section 20 of the Hindu Adoptions and Maintenance Act, 1956, casts a statutory obligation on a Hindu man to maintain his daughter, who is unmarried and unable to maintain herself out of her own earnings or other property. “Section 20(3) of Hindu Adoptions and Maintenance Act, 1956 is nothing but recognition of principles of Hindu Law...
Allahabad HC Orders Inquiry Against Judicial Officer For Issuing Summons In Gangsters Act Case While 'On Leave'
On Tuesday, the Allahabad High Court ordered an inquiry against a judicial officer who issued a summons against two accused to face trial for the offence under Section 3(1) U.P. Gangsters Act, despite the officer being purportedly on leave that day. A bench of Justice Saurabh Shyam Shamshery directed the District Judge, Kanpur Nagar, to inquire under which circumstances the...
Supreme Court Collegium Recommends Appointment Of 9 Additional Judges Of Allahabad HC As Permanent
The Supreme Court Collegium has recommended the names of nine Additional Judges of the High Court of Judicature at Allahabad for appointment as permanent Judges of the High Court. They are:(i) Justice Syed Qamar Hasan Rizvi, (ii) Justice Manish Kumar Nigam, (iii) Justice Anish Kumar Gupta, (iv) Justice Nand Prabha Shukla, (v) Justice Kshitij Shailendra, (vi) Justice Vinod...
Existence/Absence Of Motive Acquires Significance When Ocular Testimony Is Suspected: Allahabad HC Acquits Man In Murder Case
While acquitting an accused in a 2006 Murder case, the Allahabad High Court on Monday observed that motive occupies a back seat where there is direct and credible evidence; however, where the ocular testimony appears to be suspected, the existence or absence of motive acquires some significance. A bench of Justice Rajiv Gupta and Justice Mohd. Azhar Husain Idrisi was essentially hearing...
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...