Allahabad High Court
S.5 Limitation Act Does Not Apply To Application U/S 34 Arbitration Act, Timeline Provided To Be Adhered Strictly: Allahabad High Court
The Allahabad High Court has held that Section 5 of the Limitation Act does not apply to proceedings under Section 34 of the Arbitration and Conciliation Act, 1996 and the timeline provided in Section 34(3) for challenging an arbitral award must be strictly adhered to.Section 34(3) of the Arbitration and Conciliation Act, 1996 provides a period of 3 months for challenging an arbitral...
Special Appeal/ Letters Patent Appeal Against Order U/S.11 Of Arbitration Act Not Maintainable: Allahabad High Court
The Allahabad High Court has held that by virtue of Section 11(7) of the Arbitration and Conciliation Act, 1996, special appeal and letters patent appeal against orders passed under Section 11(4), (5) and (6) of the Act is not maintainable. The Court held that since the Amending Act of 2019 which did away with Section 11(7) had not been notified by way of Official Gazette, the bar placed...
Delay In Filling Appeal Under Arbitration Act Cannot Be Condoned Without Good Reason: Allahabad High Court
While deciding an appeal under Section 37 of the Arbitration and Conciliation Act, 1996, the Allahabad High Court has held that a delay in filling the appeal could not be condoned without finding compelling reasons for the same.Appellant approached the High Court under Section 37 of the Act of 1996 after a delay of 393 days. The Court relied on M/s N.V. International v. State of Asam and...
Though Legal Issue Can Be Raised For First Time In Appeal Proceedings, It Depends On Facts: Allahabad High Court
The Allahabad High Court has held that though a legal issue going to the root of the matter can be raised for the very first time in appellate proceedings but the same is dependent on the facts of the case.The bench comprising of Chief Justice Arun Bhansali and Justice Vikas Budhwar held “There is no quarrel to the proposition of law that a legal issue going into the root of the matter can...
[S.9 Guardians And Wards Act] “Ordinary Residence” Not Temporary Residence Of Minor When Application For Custody Filed: Allahabad High Court
The Allahabad High Court has held that “ordinary residence” of minor under Section 9(1) of the Guardians and Wards Act 1890 will not include the temporary residence where the minor may have moved temporarily, even for education, at the time of filing of application for custody under the Act.Section 9(1) of the Guardians and Wards Act 1890 provides that application regarding guardianship...
S.16 GST | Authorities Not Estopped From Taking Action Against Wrongful Claim Of ITC Based On Non-Existent Firms: Allahabad High Court
The Allahabad High Court has held that the authorities are not estopped from taking action against wrongful claim of input tax credit merely because the firms with which transactions were alleged to have been done were registered at the time of the alleged transactions.Observing that fraud vitiates even the most solemn proceedings, Justice Subhash Vidyarthi, held that “mere fact that...
S.129(3) UPGST | Burden To Prove Double Movement Of Goods Based On Same Documents Lies On Department: Allahabad High Court Reiterates
Relying on its earlier decision in M/s Anandeshwar Traders v. State of U.P. and Others, the Allahabad High Court has held that the burden to prove double movement of goods based on same documents lies on the department.The Allahabad High Court in M/s Anandeshwar Traders v. State of U.P. and Others held that the positive burden to prove that goods had been transported on an earlier occasion...
PIL In Allahabad High Court Seeks Judicial Committee For Recovering Money, Assets Embezzled From Union/State Exchequer
Recently, a public interest litigation was filed in the Allahabad High Court seeking constitution of a judicial committee comprising of retired judges of the Supreme Court or High Court for recovering the money and assets which have been embezzled and “looted” from the Union and State Exchequers.One Prateek Shukla filed the PIL alleging that more than Rs. 100 Lakh crore had been embezzled...
Fixing 6% Simple Interest Per Annum On Excess/Less Determination Of Provisional Tariff Ultra Vires The Electricity Act: Allahabad High Court
The Allahabad High Court has struck down Regulation 5A of Central Electricity Regulatory Commission (Terms and Conditions of Tariff) (First Amendment), Regulations, 2006 to the extent it provides 6% per annum simple interest on excess/ less determination of provisional tariff as ultra vires Section 62(6) of the Electricity Act, 2003.Section 62 of the Electricity Act, 2003 provides that manner...
Allahabad HC Raps UP Govt For 'Apathy' In Responding To PIL Over Pollution In River 'Saryu' At Ayodhya
The Allahabad High Court has reprimanded the state government for what it perceives as 'apathy' in filing its response to a Public Interest Litigation (PIL) plea raising concerns over pollution in the Saryu River at Ayodhya. The PIL plea, filed in 2014 by one Pawan Shastri, sought a time-bound Action Plan supported by an adequate budget for cleaning the Saryu River. Additionally,...
Maintenance Orders U/S 125 CrPC Can Be Recalled U/S 127; Bar U/S 362 CrPC Not Applicable In Such Cases: Allahabad HC
The Allahabad High Court has observed that an order passed under Section 125 CrPC may be final or interim and can be recalled or altered under Section 127 CrPC. Therefore, a bar of Section 362 CrPC is not applicable in such cases. Perusing the mandate of Section 362 CrPC, a bench of Justice Arun Kumar Singh Deshwal observed that if any provision is provided under CrPC that permits...
Allahabad High Court Grants 'Default Bail' To 11 Alleged AQIS-JMB Operatives Booked Under UAPA
The Allahabad High Court on Tuesday granted 'default bail' to 11 alleged operatives of AQIS (Al-Qaeda in the Indian Subcontinent) and JMB (Jamaat-ul-Mujahideen Bangladesh) under Section 167(2) CrPC while holding the Special Court's orders extending the time to complete the investigation vis-a-vis the accused in the case as 'illegal', as the same was passed in their...