Allahabad High Court
Option Once Exercised For A Financial Year May Not Be Withdrawn Midway: Allahabad High Court
The Allahabad High Court has held that an option, once exercised for a financial year, may not be withdrawn midway.The bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh has observed that the only recourse that applicant may have taken may be to apply to the jurisdictional authority to discontinue the benefit of the compounding scheme from the beginning of the next financial...
Allahabad High Court Quashes DM's "Indefinite Blacklisting" Order For Violation Of Natural Justice, Imposes Rs One Lakh Cost
The Allahabad High Court has imposed a cost of Rs. 1 Lakh on District Magistrate for blacklisting petitioner for an indefinite period without giving an opportunity of hearing. The Court held that blacklisting/ debarment cannot be done for an indefinite period. Such period must be proportional to the offence committed by the party, held the Court.The bench comprising of Justice Anjani Kumar...
Allahabad HC Issues Show Cause Notice To SHO For Registering FIRs Over Civil Dispute In Contravention Of Judicial Orders, Proposes To Impose Cost
The Allahabad High Court recently issued a show cause notice to the Station House Officer at Hapur Nagar Police Station, requiring him to explain as to why a cost of Rs. 50,000 be not imposed on him for registering FIRs in direct violation to the order of the Chief Judicial Magistrate and the High Court.Counsel for petitioners submitted that informant had filed a suit regarding the sale...
Cheques Dishonored With Endorsements 'Insufficient Fund', 'Account Closed', 'Signature Mismatch' Attract S. 138 NI Act: Allahabad HC
The Allahabad High Court has observed that if the cheque is dishonoured and returned with the endorsements - case referred to drawer, instruction for stoppage of payment, exceeds arrangement, insufficient fund, signature differed or mismatch or account closed - then it will be sufficient for prima facie case for issuing process under Section 138 NI Act. A bench of Justice Arun...
Allahabad High Court Weekly Round-Up: May 20 – May 26, 2024
NOMINAL INDEX M/S Moksh Innovations Inc. Lko. Thru. Manager Jitendra Singh Bisht vs. E City Property Management And Services (P) Ltd. New Delhi Thru. Property Manager And Others 2024 LiveLaw (AB) 324 Sh. Dharmveer Tyagi And Others vs. Competent Authority, Dfcc, Special Land Acquisition (Joint Officer Organization) And Others 2024 LiveLaw (AB) 325 Tirthraj v. State Of U.P....
Police Duty-Bound To Find Accused Across India, Produce Him In Court; 'Untraceable' Plea Not Permissible: Allahabad HC
The Allahabad High Court has observed that police officials are duty-bound to locate and produce accused persons before the court, regardless of their location within India. The Court added that under the Police Act, the police have to serve warrants to the accused; hence, non-service of warrants shows that the police are not interested in serving warrants. Reiterating its stance...
“Reason To Believe” U/S 148A(C) Income Tax Act Amended To “Info Which Suggests”; Thorough Consideration Of Assessee's Reply Not Necessary: Allahabad HC
The Allahabad High Court has held that a pointwise consideration of objections that may be raised by an assessee in response to a notice issued to him under Section 148 A(b) is not necessary while passing an order under Section 148A(d) of the Income Tax Act, 1961.Section 148A of the Income Tax Act, 1961 relates to procedure of inquiry to be followed by an Assessing Officer prior to issuance...
S.75(4) CGST | Allahabad HC Directs Commissioner To Take Disciplinary Action Against Adjudicating Authorities Violating PONJ Without Justifiable Reasons
While dealing with the non-compliance of mandatory provision for opportunity of hearing under Section 75(4) of the Central Goods and Services Tax Act, 2017, the Allahabad High Court directed the Commissioner, Commercial Tax, Uttar Pradesh to take remedial action, including disciplinary proceedings against erring adjudicating authorities for violating principles of natural justice...
S.16(2) Arbitration Act | Allahabad High Court Upholds Termination Of Arbitral Proceedings Against Decathlon For Premises In Lucknow
The Allahabad High Court has upheld the termination of arbitral proceedings under Section 16(2) of the Arbitration and Conciliation Act, 1996 by the Sole Arbitrator on grounds that there was no arbitration agreement between the petitioners, private persons who claimed to be owners of part premises in question, and M/s Decathlon Sports India Private Ltd.Section 16 of the Arbitration...
Arbitration Act | Once Party Aware Of Contents Of Award, Can't Claim Extension Of Limitation By Invoking S.31(5): Allahabad High Court
The Allahabad High Court has held that the requirement of signed copy of award being delivered to parties under Section 31(5) of the Arbitration and Conciliation Act 1996 is not to be construed narrowly. The Court held that once the party seeking extension of limitation by applying Section 31(5) of the Act is aware of the contents of the alleged unsigned award, the limitation cannot...
Storing & Circulating Indecent Videos Of Women Becoming A Serious Menace In Society: Allahabad High Court
The Allahabad High Court has raised a grave concern over the escalating issue of storing and circulating indecent videos of women, deeming it a serious menace to society. A bench of Justice Ajay Bhanot also said that the poor quality of investigations into I.T.-related offences and cyber offences is becoming a “major fault line” in the functioning of investigations. The...
Can't Adjudicate Correctness Of Response, But Can Rectify Examiner's Failure To Correct Response: Allahabad HC Awards Additional Marks To 2022 UPPCS(J) Candidate
While entertaining a writ petition, the Allahabad High Court awarded two additional marks to a candidate who had appeared for the U.P. Judicial Service Civil Judge (Junior Division) Examination, 2022, thereby qualifying him for selection. The Court further directed for the petitioner's selection against the vacancies available in the General Category, for which he was eligible.The...