Allahabad High Court
Giving Dowry An Offence But Bride & Family Admittedly Defy This Law And Go Unpunished Because Of Bar In Law, Alarming: Allahabad High Court
In a recent judgment, the Allahabad High Court has elucidated on provisions of the Dowry Prohibition Act, 1961 and the Uttar Pradesh Dowry Prohibition Rules, 1999 and observed that groom and his family are being prosecuted under Section 3 of the Dowry Prohibition Act, 1961 merely based on the statements made by the bride and her family. However, due to the bar under Section 7(3), no action...
Mere Performance Of Obscene Act Not Sufficient, 'Annoyance Of Others' Needed To Constitute Offence U/S 294 IPC: Allahabad HC
The Allahabad High Court recently observed that to constitute an offence under Section 294 of the Indian Penal Code, the mere performance of an obscene or indecent act is not sufficient; further proof must establish that it was to the annoyance of others, as 'annoyance to others' is essential to constitute an offence under this section. The Court added that when the section...
PIL In Allahabad High Court Alleging Embezzlement And Fraud By Vice Chancellor, Registrar, Professors Of Bundelkhand University
A Public Interest Litigation has been filed in the Allahabad High Court alleging serious embezzlement of university funds and fraud in recruitment process adopted by the management of the Bundelkhand University.It has been alleged that the Rs. 40 crores have been syphoned off from the fund of Bundelkhand University by the Vice Chancellor, Prof. Mukesh Pandey along with the Registrar,...
Remedies Sought Under Domestic Violence Act Of Civil Nature, Amendment To Application U/S 12 Are Allowed: Allahabad High Court
The Allahabad High Court has held that proceedings under Chapter IV of the Domestic Violence Act, 2005 are civil in nature and amendments to applications made to the Magistrate under Section 12 of the Act are allowed to be made.“The proceedings before the Magistrate relating to reliefs claimed under Chapter IV of the D.V. Act, having been held essentially to be of a civil nature, the power...
Over Dimensional Cargo Can't Be Penalized For Reaching Earlier Than Estimated Time: Allahabad High Court
The Allahabad High Court has held that Over Dimensional Cargo cannot be penalized by the authorities for reaching its destination in less time than estimated by travelling at a higher speed when there is no intention to evade tax.Clause 2.4 of the Circular issued by Commissioner, State Tax dated 17.01.2024 provides that Over Dimensional Cargo cannot be detained and penalty cannot be imposed...
Allahabad HC Denies Bail To 'Maulvi' Accused Of Forcibly Changing Religion Of Mentally Unsound Minor
The Allahabad High Court recently denied bail to a mosque Maulvi accused of enticing a mentally unsound minor boy and forcibly keeping him in a 'Madarsa' after changing his religion. A bench of Justice Sameer Jain denied him relief, noting that there are specific allegations against the accused and the alleged victim also made allegations against him in his statement recorded...
Allahabad HC Stays Arrest Of Teacher Accused Of Forcing Student To Convert To Christianity, Establish Sexual Relation
The Allahabad High Court last week stayed the arrest of a lady school teacher who has been accused of trying to convert a 10th class student to Christianity and pressuring him to have a sexual relationship with her. Apart from the lady teacher, a bench of Justice Rajiv Gupta and Justice Shiv Shanker Prasad granted relief to two others booked in the case under Section 506 IPC, Sections...
[Income Tax Act] Proceedings U/S 148A Summary In Nature, Assessing Authority To Only See If It Is “Fit Case” For Reassessment: Allahabad HC
The Allahabad High Court has held that proceedings under Section 148A of the Income tax Act, 1961 are summary in nature. The Court held that at the stage of passing order under Section 148A(d), the Assessing Authority has to only see if it is a “fit case” for initiation of reassessment proceedings or not.The Court held that the Assessing Authority need not go into the correctness of...
Allahabad HC Issues Show Cause Notice To POCSO Convicts For 'Abusing' Court After Pronouncement Of Sentence
The Allahabad High Court has issued a show cause notice to two men convicted under the POCSO asking why criminal contempt proceedings should not be initiated against them for resorting to “abusive expression against the court in public view”, including police officials and various advocates after the pronouncement of the order of sentence in trial court. A bench of Justice Manoj...
Failure To Cite Judgment Does Not Render Original Judgement Flawed: Allahabad High Court
The Allahabad High Court has held that mere failure to cite a judgement does not, in and of itself, render the original judgement flawed.The bench of Justice Shekhar B. Saraf has observed that the review jurisdiction is not a panacea for addressing every perceived deficiency or oversight in the original judgement; rather, it is a narrow avenue reserved for rectifying errors glaringly evident...
Franchise Agreement Granted Non-Exclusive Licence Rather Than Transfer Of Right To Use Goods, VAT Not Payable: Allahabad High Court
The Allahabad High Court has held that the franchise agreement granted a non-exclusive licence rather than a transfer of the right to use goods and the transaction does not attract Value Added Tax under the Uttar Pradesh Value Added Tax Act (UPVAT Act).The bench of Justice Shekhar B. Saraf has observed that the respondent-department had received royalty amount from various dealers under...
Qualification/ Service Condition Within Exclusive Jurisdiction Of Employer: Allahabad High Court Upholds Recruitment Process Of IIT-Kanpur
Recently, the Allahabad High Court upheld the recruitment process adopted by IIT-Kanpur for the post Executive Engineer as no challenge to the parent IIT Rules, 2018 was made by the appellant. The Court held that IIT-Kanpur, being the employer, is empowered to make rules for recruitment of its staff as it is within its expertise as to what the institution requires.Observing that IIT Kanpur is...