Form 26B Under Income Tax Rules Not Required For Refund Once Form 5 Under 'Vivad Se Vishwas' Act Is Issued: Allahabad High Court

The Allahabad High Court has held that an assesse claiming refund of excess TDS (tax deduction at source) is not required to fill Form 26B under the Income Tax Rules once Form 5 of the Vivad Se Vishwas Act, 2020 has been issued to them. “A perusal of the Rules would reveal that Form 26B is required to filled up if the assessee claims refund paid under Chapter XXVII-B of the Act,...

Atul Subhash Suicide | Accused-Wife Moves Allahabad High Court Seeking Anticipatory Bail In Abetment To Suicide Case

The wife of 34-year-old Bangalore techie-Atul Subhash, along with three of her family members, has filed an anticipatory bail petition before the Allahabad High Court in connection with an FIR lodged against them concerning abetment to suicide case. Subhash, who allegedly died by suicide due to alleged harassment by his wife through the filing of matrimonial cases, left behind a...

Succession Certificate Not Required For Death-Cum-Retirement Benefits In Case Of Existing Nomination: Allahabad High Court

Recently, the Allahabad High Court has held that it is not necessary for an applicant to provide a succession certificate if a nomination exists to their name, while making an application for death-cum-retiral benefits of a deceased government employee.“…once there is a nomination left by the deceased in his service records in favour of a person, who is his wife, there is no reasons for...

'Has 27 Yrs Of Service Left': Allahabad High Court Reprieve To 2018 Civil Judge Candidate Denied Post Due To Calculation Error

The Allahabad High Court recently ordered the appointment of a woman as Civil Judge, after it found that she was denied the post in UPPSC (J) Examination 2018, due to calculation error in her marks.The bench comprising Justice Saumitra Dayal Singh and Justice Donadi Ramesh also took into account her young age (33 years) and directed that her appointment shall operate at the seniority position...

Days After Controversy Over VHP Event Speech, Allahabad High Court Chief Justice Changes Justice Shekhar Yadav's Roster

4 Days after his controversial speech at a public event organised by the legal cell of the Vishwa Hindu Parishad (VHP), the Chief Justice of the Allahabad High Court has changed the judicial roster of Justice Shekhar Yadav. As per the new roster, effective December 16, Justice Yadav will only be hearing 'First Appeals' arising from orders passed by civil courts, specifically...

Judges Must Continue Work Even During Lawyers' Strike; Provide Police Protection To Litigants If They Wish To Argue: Allahabad HC

In a strongly worded order, the Allahabad High Court recently expressed concern that litigants are being deprived of relief in courts due to ongoing lawyer strikes, despite the availability of statutory remedies for their grievances. “I am afraid to know that the litigants are not getting justice from courts of law despite there being statutory remedy available and are compelled to...

After 7-Year Wait, Allahabad HC Orders Appointment Of Man As Judge Who Was Denied Job For 'Spying' For Pakistan Despite Acquittal

The Allahabad High Court recently has ordered the appointment of a man as a judge (HJS Cadre), nearly seven years after he was initially denied the position due to allegations of espionage. Petitioner Pradeep Kumar, who had been accused of spying for Pakistan in 2002, was acquitted in a trial in 2014 (the trial started in 2004); however, despite his final selection in the U.P....

Sambhal Violence | Allahabad High Court CJ-Led Bench Directs Listing Of PIL Seeking FIR Against DM, SP Before Appropriate Bench

A Bench led by Chief Justice Arun Bhansali of the Allahabad High Court today directed that a Public Interest Litigation (PIL) plea, which seeks the filing of an FIR against the Sambhal District Magistrate, Superintendent of Police, the concerned SHO, and other responsible officers in connection with their alleged involvement in the violence that occurred last month in Sambhal,...

[GST] Assesee Cannot File For Requisite Documents Once Plea Is Accepted And Notice Is Issued: Allahabad High Court

The Allahabad High Court has held that an assessee cannot file for the supply of requisite documents after the adjudicating body has accepted the plea placed by them and issued notice pursuant to it. The bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar held that the same would be impermissible, especially in a case where statutory appeal was available to the...

Alternative Remedy Precludes Writ Petition In Gratuity Dispute: Allahabad HC

Allahabad High Court: A single judge bench consisting of Justice Abdul Moin dismissed a writ petition filed under Article 226. The writ petitioner disputed an order that denied him gratuity for his years of work as a daily wager. The Court noted that the Controlling Authority under the Payment of Gratuity Act, 1972 ('the Act') is statutorily designated to resolve such gratuity...

'Serious Offence, Victim An Innocent 14-Year-Old Girl': Allahabad High Court Denies Bail To Gang-Rape Accused

The Allahabad High Court on Monday denied bail to one Halkaee Ahirwar, who has been accused of committing gang rape against a 14-year-old girl in April this year and making viral a video of the entire incident. A bench of Justice Shekhar Kumar Yadav rejected his bail plea, emphasizing that the victim is an 'innocent' 14-year-old girl and that the alleged offence committed by the...

'Unfortunate': Allahabad HC Questions UP Govt For Stationing State Forces In Education Institution Buildings For Magh Mela

Last week, the Allahabad High Court expressed its concerns over the Uttar Pradesh government's recent decision to requisition the buildings of educational institutions in Subedarganj (Prayagraj) to station state forces to meet any mishap on account of the upcoming Magh Mela. The Magh Mela is one of the greatest annual religious affairs for Hindus. It is held annually in the city...