Allahabad High Court
Allahabad High Court Orders Police Protection For Man In Live-In Relationship With A Trans Woman
Affirming the right of individuals to live their lives freely, including choosing their partners, the Allahabad High Court recently ordered police protection for a man involved in a live-in relationship with a transwoman. In its order, a bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh asserted that living with a person of one's choice is one sphere of...
Allahabad HC Seeks UOI's Reply On Certification Mechanism For Films Displayed On OTT/Social Media Platforms
The Allahabad High Court has asked the Union of India and the Central Board of Film Certification (CBFC) to provide detailed information regarding the mechanism established for the certification of films displayed on Over-The-Top (OTT) such as Netflix, Amazon Prime, etc., and social media platforms. A bench of Justice Rajan Roy and Justice Om Prakash Shukla sought the details on...
Alleged Act Of 'Intentional Insult' Under SC/ST Act Not Offence Unless Committed In Public View: Allahabad HC
The Allahabad High Court has recently reiterated that an alleged act of intentional insult or intimidation causing humiliation would constitute an offence under Section 3(1)(r) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (SC/ST Act) only if it is committed in public view. A bench of Justice Vikram D. Chauhan observed thus while quashing...
In Family Land Disputes, Initial Burden Of Proof Is On Those Claiming Property Is Joint Hindu Property: Allahabad High Court
The Allahabad High Court has reiterated that in Hindu family land disputes, the person claiming the property in question to be a Joint Hindu Family Property would have the initial burden of proof to establish the same.The Court relied on Kunj Bihari v. Ganga Sahai Pande where Allahabad High Court held that “The legal proposition which emerges therefrom is that initial burden is on the...
Though Demand Of Dowry Punishable, Taunting For Giving Less Dowry Not A Penal Offence By Itself: Allahabad High Court
While quashing criminal complaints against the relatives of the husband, the Allahabad High Court observed that though the demand of dowry is a punishable offence, taunting for giving less dowry is not a penal offence by itself. The Court held that allegations against the family members must be clear and unambiguous, highlighting the specific roles played by each member to attract...
'SC/ST Act Misused For Personal Vendetta': Allahabad HC Quashes 'Counterblast' FIR Lodged Against A Couple By Govt Servant
Expressing its concerns regarding the misuse of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the Allahabad High Court recently quashed an FIR as well as the entire criminal proceedings against a couple initiated allegedly at the behest of a government servant. “This Court will be failing in its duty, if such kind of activities are allowed to take place...
Practice Of Electro-Homeopathy Not Banned In UP But Such Practitioners Can't Use 'Doctor' Prefix: Allahabad High Court
The Allahabad High Court has held that the practice of Electro Homeopathy is not banned in the State of Uttar Pradesh but such practitioners of electro homeopathy cannot use 'doctor' prefix before their names.The bench comprising Justice Vivek Chaudhary and Justice Om Prakash Shukla further held that the practice will be governed by Government order dated 25.11.2003. It said,“although...
Appointing High Court Has Power To Extend Arbitrator's Mandate U/s 29A: Allahabad High Court Reiterates Settled Position Till Larger Bench Decides Issue
The Allahabad High Court single bench of Justice Shekhar B. Saraf held that if the High Court appoints the arbitrator under Section 11 of the Arbitration Act, it has the jurisdiction to entertain Section 29A application for extending the mandate of the arbitrator. While acknowledging that the issue of the appropriate court for Section 29A applications was pending before a larger...
[Indian Stamp Act] Collector Quasi-Judicial Authority, Has No Statutory Power To Review/Recall Order: Allahabad High Court
The Allahabad High Court has held that the proceedings under the Indian Stamp Act, 1899 are quasi-judicial in nature and unless statute specifically provides, the Collector (Stamp) has no power to review or recall his order. The Court held that no statutory power to review/ recall its order has been given to the Collector (Stamp) under the Indian Stamp Act.“Collector (Stamp) cannot...
S.2(e) UPVAT | Plant, Machinery Sold After Closure Of Business Are Capital Goods, Excluded From Levy Of Tax: Allahabad High Court
The Allahabad High Court has held that plant and machinery sold after the closure of business are capital goods under Section 2(f) of the Uttar Pradesh Value Added Tax Act, 2008 and are excluded from levy of tax under the amended definition of 'business' under Section 2(e) of the Act.The definition of 'business' under Section 2(e)(iv) of the Uttar Pradesh Value Added Tax Act, 2008 was amended...
[Income Tax] Once Books Of Accounts Not Objected To Before Tribunal, AO Can't Disturb Gross Profit Rates Applied By Assesee: Allahabad High Court
The Allahabad High Court has held that once the acceptance of books of accounts by the Commissioner of Income Tax (Appeals) have not been objected to by the Assessing Authority before the Income Tax Appellate Tribunal, it is not open to the Assessing Officer to disturb the gross profit rate as declared by the assesee.The bench comprising of Justice Saumitra Dayal Singh and Justice Donadi...
S.33-G UP Secondary Education (Service Selection Boards) Act A Beneficiary Provision To Regularize Teachers Serving For Decades: Allahabad High Court
The Allahabad High Court has held that Section 33-G of the Uttar Pradesh Secondary Education (Service Selection Boards) Act, 1982 which was added by way of amendment in 2016 was added a beneficiary scheme for teachers who had spent decades serving as teachers.The provision governs substantive appointments of teachers on posts other than that of the Principal/ Headmaster. Sub-section (a)...