Allahabad High Court
UP Amendment To S. 438 CrPC Doesn't Bar Grant Of Anticipatory Bail To Accused Booked U/S 376(3) IPC: Allahabad HC
The Allahabad High Court has held that the Criminal Procedure Code (Uttar Pradesh Amendment) Act, 2018 which revived the provision of anticipatory bail (Section 438 CrPC) in the State (with effect from June 6, 2019), doesn't bar the grant of PRE-ARREST BAIL to an accused booked for an offence under subsection (3) of Section 376 IPC. A bench of Justice Shekhar Kumar Yadav observed...
[Arbitration Act] Arbitral Tribunal Cannot Recall Or Modify Its Award Under Section 33: Allahabad High Court
The Allahabad High Court single bench of Justice Shekhar B. Saraf held that the arbitral tribunal cannot recall or modify its award under Section 33 of the Arbitration and Conciliation Act, 1996. It held that none of the provisions of the Arbitration and Conciliation Act, of 1996, give the arbitral tribunal the power to recall and modify its award. It held that any act which the...
Allahabad HC Bars Ten Advocates' Entry To Court Premises For Allegedly Thrashing Litigants, Issues Criminal Contempt Notice
Taking a stern stance, the Allahabad High Court has issued criminal contempt notices to ten advocates accused of assaulting litigants at the Prayagraj District Court premises. The Court also restrained them from entering the premises of the District Judgeship at Prayagraj."The incident in this case has to be viewed with utmost seriousness. This Court cannot allow the Court proceedings to...
Divorced Daughter Not Entitled To Compassionate Appointment Unless Divorce & Dependency On Father Is Proven: Allahabad High Court
Recently, the Allahabad High Court has held that unless a divorced daughter can establish that she was dependent on her father before his demise, she would not be entitled to a compassionate appointment post his demise. The Court held that the divorced daughter must also prove the factum of divorce before the authorities while seeking compassionate appointment. “Likewise, if on...
Fraud By Court-Staff Has Far-Reaching Detrimental Effect On Justice System; It Erodes Public Trust In Judiciary: Allahabad HC
The Allahabad High Court has observed that court staff fraud has far-reaching detrimental effects on the justice system and erodes public trust in the judiciary. A bench of Justice Siddharth and Justice Vinod Diwakar said that when court staff abuse their authority for personal gain, it compromises the integrity of judicial decisions and raises questions about the legitimacy of...
Reversing Acquittal, Allahabad High Court Sentences 2 Men To Life Imprisonment In 1978 Murder Case
The Allahabad High Court recently overturned the verdict of a trial court in Gorakhpur and sentenced two men to life imprisonment in connection with a 1978 murder case. The Court noted that the trial court had not examined the prosecution's evidence from the correct perspective regarding the two accused. A bench of Justice Rajiv Gupta and Justice Shiv Shanker Prasad concluded that...
Mere Mention Of Certain Sections In Title Of Claim Made Before Labour Court Will Not Determine Its Jurisdiction: Allahabad High Court
While dismissing the special appeal field by Jagran Prakashan against the order of the Single Judge, the Allahabad High Court has held that mere mention of certain sections in the title of an application/claim and reference made to a Labour Court will not determine the jurisdiction of the Court. The Court held that jurisdiction can be determined by the substance of the arguments and...
UP Land Ceiling Act Proceedings Can't Continue Based On Notice Issued In Dead Person's Name U/S 9 (2): Allahabad HC
The Allahabad High Court has observed that no proceedings under the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960 could continue based on a notice issued under Section 9 (2) in the name of a dead person. For context, Section 9 (2) deals with the issuance of notice (at any time after October 10, 1975) to the tenure-holder holding land in excess of the...
Special Appeal Not Maintainable Against Order Of Hearing Decided By Single Judge: Allahabad High Court
The Allahabad High Court has held that a special appeal is not maintainable against the order of hearing established by a single judge in an interim order.“The Submission made pertaining to the preferential claim of the appellant, does not affect the order passed by the learned Single Judge indicating the sequence in which the matters are to be heard inasmuch as the status of appellant's...
S.144B(6) Income Tax Act | If Assessee “Requests” Then Opportunity Of Personal Hearing Is Mandatory, Not Optional: Allahabad High Court
The Allahabad High Court has held that opportunity of personal hearing is mandatory under Section 144B(6)(vii) and (viii) of the Income Tax Act, 1961 when show cause notice is issued regarding why assessment may not be completed as proposed. The Court held that once the assesee “requests” for an opportunity of personal hearing, it becomes incumbent on the Assessing Authority to grant...
UPVAT | Computation Of Correct ITC Be Examined By Assessing Authority Not Later Than Stage Of Making Regular Assessment Order: Allahabad High Court
The Allahabad High Court has held that computation of correct input tax credit can only be done till the passing of the regular assessment order by the Assessing Authority and not at a later stage. The Court held that reverse input tax credit is neither a 'rate of tax' nor a 'turnover' which can be subjected to reassessment under Section 29 of the Uttar Pradesh Value Added Tax Act,...
Tax Dues Can't Be Collected From Director Of Company Under Liquidation Unless Provided By Some Statute: Allahabad High Court Reiterates
Relying on its earlier decision in A.S. Solanki Vs. State of U.P. and others, the Allahabad High Court has reiterated that tax dues cannot be collected from director of company under liquidation unless it has been provided in any statute.The Allahabad High Court in A.S. Solanki had held that in a case where it was ascertained that the corporate veil had been used for malafide intent,...