Allahabad High Court
1191 Days Delay By State Agency In Filing Arbitration Appeal: Allahabad High Court Orders Inquiry Against Erring Officers
Recently, the Allahabad High Court has directed the Principal Secretary / Additional Chief Secretary, Medical and Health Services, U.P. to conduct an inquiry against the erring officers due to which appeal under Section 37 of the Arbitration and Conciliation Act, 1996 has been filed with a delay of 1191 days.An arbitral award of Rs.34,21,423/- as principal and Rs.1,67,16,033/- as interest up...
Allahabad HC Seeks UP Bar Council's Reply On Formulating An Insurance Scheme For All Practising Lawyers Of State
On Tuesday, the Allahabad High Court asked the Uttar Pradesh State Bar Council to respond to a proposal to formulate an insurance scheme for all practising lawyers in the state, including the government advocates. A bench of Justice Rajan Roy and Justice Om Prakash Shukla proposed that local bar associations in Uttar Pradesh could implement an insurance policy for lawyers with...
Allahabad High Court Issues Notice On Apna Dal (S) Leader's Plea Challenging Election Of SP's Robertsganj MP Chhotelal
The Allahabad High Court on Tuesday issued notice to the Samajwadi Party's Member of Parliament, Chhotelal Kharwar, on an election plea filed by Apna Dal (Sonelal) leader Rinki Kol challenging his election from Robertsganj Lok Sabha Constituency in the recently concluded General Elections. Apna Dal (Sonelal), an ally of the ruling Bharatiya Janata Party (BJP), had fielded Kol as...
Dowry Demand Doubtful As Marriage Solemnised Under CM Mass Marriage Scheme: Allahabad HC Grants Bail To Husband In 'Dowry Death' Case
The Allahabad High Court last week granted bail to a man (husband of the deceased/victim) accused of committing the offence of dowry death, noting that it was doubtful that any dowry was demanded in the case since the parties got married under the Chief Minister Mass Marriage Scheme. “…the marriage of deceased was solemnized with applicant under the scheme launched by the...
Order Under S. 73 GST Can't Be Passed Against Company In Corporate Insolvency Resolution Process: Allahabad High Court
The Allahabad High Court has held that order Section 73 of the Goods and Service Tax Act, 2017 cannot be passed a company which is under the Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code, 2016. Section 73 of the Goods and Service Tax Act, 2017 empowers a proper officer to initiate proceedings if he is satisfied that any tax has not been...
Woman Unfairly Denied LPG Connection Under 'PM Ujjwala Yojana', Allahabad High Court Comes To Her Rescue
The Allahabad High Court recently came to the rescue of a woman who was unfairly denied an LPG (Liquefied Petroleum Gas) connection under the Pradhan Mantri Ujjwala Yojana (PMUY). A bench consisting of Justice Shekhar B. Saraf and Justice Manjive Shukla issued a directive on July 3 requiring the authorities to provide the woman with an LPG connection within seven days....
'Material Contradiction In Medical & Eyewitness Evidence Creates Doubt On Prosecution's Case': Allahabad HC Sets Aside Conviction U/S 304 (I) IPC
On Tuesday, the Allahabad High Court set aside an accused's conviction under Section 304 (I) IPC based on the martial inconsistency between witnesses' oral testimony and medical evidence on record. Relying upon the Supreme Court's 2021 Judgment in Viram @ Virma v The State of Madhya Pradesh LL 2021 SC 677, a bench of Justice Ashwani Kumar Mishra and Justice Dr. Gautam Chowdhary...
'No Intention To Cause Bodily Injuries; Single Blow In Sudden Provocation Proved Fatal': Allahabad HC Converts Murder Conviction To S.304 (II) IPC
The Allahabad High Court on Monday modified the conviction of a man, who stabbed the deceased in the abdomen with a chhuri (dagger), from Section 302 (Murder) to Section 304 Part II (Culpable Homicide Not Amounting to Murder) of the IPC. The court observed that the accused's intention was to intimidate the deceased by brandishing the chhuri, and not to inflict bodily harm. However,...
Allahabad High Court Stays Demand Of Rs. 47 Crores Service Charge Against IIT Rorkee
Recently, the Allahabad High Court has granted interim relief to Indian Institute of Technology, Roorkee against the demand of service charge amounting to Rs. Rs. 47,06,67,775/- raised by the Municipal Corporation, Saharanpur.The Municipal Commissioner, Municipal Corporation, Saharanpur, raised certain demand notices against IIT Rorkee imposing service charge of Rs. 3,26,43,795/- per...
Barred By Limitation? : Allahabad HC Reserves Order On Maintainability Of Maneka Gandhi's Plea Against Sultanpur MP's Election
The Allahabad High Court (Lucknow Bench) on Monday reserved its order on the maintainability of the 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 reserved orders after hearing Senior Advocate Siddharth Luthra (appearing for...
Allahabad High Court Grants Relief To Transwoman Alleging Harassment By Other Transgender Community Members
Recently, the Allahabad High Court granted relief to a trans woman who had approached the Court alleging that other transgender community members were harassing her in the city of Saharanpur. Hearing her writ petition, a bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh directed the District Magistrate of Saharanpur to ensure that the petitioner is not illegally...
Petition U/S 482 CrPC Not Maintainable For Challenging Proceedings U/S 12 Domestic Violence Act: Allahabad High Court
The Allahabad High Court has said that a petition under Section 482 CrPC challenging the proceedings under Section 12 of the Domestic Violence Act 2005 (DV Act) is not maintainable. A bench of Justice Om Prakash Shukla held thus, heavily relying upon the rulings of the Supreme Court (in Kamatchi vs Laxmi Narayanan, 2022 LiveLaw (SC) 370) and the Madras High Court (in Arul Daniel...