Allahabad High Court
[Arbitration Act] Retroactive Application Of Judicial Decisions To Arbitral Awards Would Create Legal & Procedural Chaos: Allahabad High Court
Elucidating on the applicability of the judgment of the Supreme Court in Union of India v. Tarsem Singh and Ors 2019, the Allahabad High Court has held that “retroactive application of judicial decisions to arbitral awards would create legal and procedural chaos.”For context, in Tarsem Singh (supra), the Apex Court held that the provisions regarding solatium and interest provided in the...
Allahabad High Court Denies Bail To Man Accused Of Beheading Woman As She Refused To Convert After Marriage
On Tuesday, the Allahabad High Court denied bail to a man accused of brutally beheading a Hindu woman and leaving her body in a drain in September 2020 after she refused to convert to Islam following her marriage with one Ejaj/Aijaj (co-accused). Considering the gravity of the offence, the role assigned to the accused-applicant (Shoeb Akhtar) and the stage of the trial, a bench of...
[UP Trade Tax Act] Because Of Refund Due From Assessment Proceedings, Can't Escape Liability Of Depositing Tax Realized: Allahabad High Court
The Allahabad High Court has held that a registered dealer cannot withhold the tax realised by him from a purchasing dealer only because he had deposited an excess amount of tax at the time of the transaction. The Court held that he cannot escape the liability of depositing the tax realized under the U.P. Trade Tax Act, 1948 because a refund is due to him from assessment...
Aggrieved By Judges' 'Insulting' Behaviour With Lawyers, Allahabad HC Bar Association To Abstain From Work Today
The Allahabad High Court Bar Association (HCBA) has resolved to abstain from work today (Wednesday, July 10), citing its dissatisfaction with the High Court Administration to address a range of pressing issues affecting the advocates, specifically the conduct of certain judges towards bar members. A decision in this regard was taken in an emergent meeting of the governing council of...
Constitution Allows Citizens To Profess, Propagate Their Religion But It Doesn't Permit Them To Convert Others: Allahabad HC
In a significant observation, the Allahabad High Court has observed that while the Constitution of India grants citizens the right to freely profess, practice, and propagate their religion, it does not allow any citizen to convert another citizen from one religion to another. A bench of Justice Rohit Ranjan Agarwal further opined that the individual right to freedom of conscience,...
Gyanvapi Dispute | Allahabad HC Seeks Mosque Committee's Reply On Plea Seeking ASI Survey Of 'Wazukhana' Area
Today, the Allahabad High Court sought a response from the Anjuman Intezamia Mosque Committee (which manages Gyanvapi Mosque in Varanasi) regarding a plea filed before it seeking an Archaeological Survey of India (ASI) examination of the 'wazukhana' area within the mosque premises. A bench of Justice Rohit Ranjan Agarwal sought the Mosque committee's response on a Civil Revision plea filed...
PCS-J 2022 Exam 'Irregularities' | Allahabad HC Restrains Parties From Publishing Affidavit Detailing Marks Awarded By UPPSC
In a significant development concerning the PCS-J 2022 exam irregularities, the Allahabad High Court on Monday restrained parties from publishing any part of the affidavit exchanged concerning the Uttar Pradesh Public Service Commission (UPPCS) 's award of marks. A bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh further directed the officer not to issue a certified or...
Mere Allegation Of Wife Ousting Husband From Matrimonial Home Not Enough To Show Desertion, He Must Show Attempts To Get Back: Allahabad HC
The Allahabad High Court has held that a mere allegation of the wife ousting the husband from the matrimonial home is not sufficient to show 'desertion' by her under Section 13 of the Hindu Marriage Act. The Court held that the husband must show that he tried to return to the house.The bench comprising Chief Justice Arun Bhansali and Justice Vikas Budhwar held,“Except for making...
Court Within Whose Jurisdiction First Wife Has Taken Up Permanent Residence Can Try Offences U/S 494/495 IPC: Allahabad HC
The Allahabad High Court has ruled that the court within whose jurisdiction the first wife has taken up permanent residence after the commission of alleged offences punishable under Sections 494 and 495 of the Indian Penal Code (IPC) can try those offences. A bench of Justice Saurabh Shyam Shamshery observed thus in view of the mandate of Section 182 (2)CrPC, which states that...
Allahabad High Court Half Yearly Digest: January - June 2024 [Citations 1-415]
[NOMINAL INDEX PROVIDED AT THE BOTTOM] ORDERS/JUDGMENTS (JANUARY-JUNE 2024) UP Victim Compensation Scheme 2014 | Eligibility/ Quantum Of Compensation For Rape Victims To Be Decided By DLSA, Not Court: Allahabad HC Case Title: Ramesh Alias Mehandi Hasan vs. State Of U.P. And 3 Others [MATTERS UNDER ARTICLE 227 No. - 5804 of 2023] Case Citation: 2024 LiveLaw (AB)...
Allahabad High Court Monthly Digest: June 2024 [Citations 367-415]
NOMINAL INDEX M/S Pragyason Constructions Private Limited v. State Of U.P. And 2 Others 2024 LiveLaw (AB) 367 National Highways Authority Of India V. Rampyari And Another 2024 LiveLaw (AB) 368 Punjab National Bank Earlier Oriental Bank of Commerce v. Sanjeevani Shiksha Samiti 2024 LiveLaw (AB) 369 Shekhar Kapoor And 10 Others v. State Of Up And 3 Others 2024 LiveLaw...
'He Is 45, Has 2 Children & Wife To Support' : Allahabad HC Commutes Death Sentence Of Convict Who Killed Grandmother-In-Law
The Allahabad High Court last week commuted the death sentence of a 45-year-old convict who killed his wife's grandmother with a screwdriver in 2022 to life imprisonment as it noted that he has two children and a wife to support and that it was not a "rarest of rare" case. While answering the death reference in negative, a bench of Justice Arvind Singh Sangwan and Justice...