Allahabad High Court
Allahabad HC Imposes 10K Cost For Filing Affidavit Without Deponent's Signature, Directs Removal Of Oath Commissioner For Fraud
The Allahabad High Court has imposed a cost of Rs. 10,000 for filing a supplementary affidavit which did not contain signatures of the deponent. The Court has further directed the removal of the Oath Commissioner who executed the affidavit with the knowledge that the affidavit had not yet been signed by the deponent.Deprecating the practice of Oath commissioners executing affidavits...
Allegations Of Irregularities In Disciplinary Proceedings Must Be Substantiated With Evidence: Allahabad High Court
Recently, while hearing a writ petition pending since 1998, the Allahabad High Court has held that by merely alleging irregularity during a disciplinary procedure, petitioner cannot evade responsibility to show that prejudice has been caused to him. The Court held that the disciplinary proceedings cannot be set aside on mere apprehension or likelihood of causing prejudice to the...
License Fee Can't Be Imposed Retrospectively: Allahabad HC Directs Refund Of Deposit For Authorities' Failure To Impose Penalty For Almost 20 Yrs
Recently, the Allahabad High Court directed the authorities to refund Rs. 26 lakhs once deposited by the petitioner pursuant to an interim by the High Court in another writ petition. The Court held that a license fee cannot be retrospectively charged from the licensee prior to the date of grant of license and any penalty that is sought to be imposed for want of license can only be imposed in...
'Sets A Perilous Precedent': Allahabad HC On Non-Execution Of 100+ NBWs Against Meerut MLA In A Criminal Case
The Allahabad High Court last week denied relief to Meerut MLA Rafiq Ansari in a 1995 case, noting that the Samajwadi Party leader failed to appear in Court despite the issuance of 100+ non-bailable warrants between 1997 and 2015. "...non execution of non-bailable warrant against the sitting MLA and allowing him to participate in assembly session sets a perilous and...
Allahabad HC Grants Bail To Suicide Abetment Accused In Custody For 6+ Years, Directs Trial Conclusion By Aug 31
The Allahabad High Court recently granted bail to a student (accused of abetting suicide) who spent over 6 years in custody without conclusion of trial. The Court also slammed the State Police Sub Inspector for being non-cooperative in the early conclusion of the trial. A bench of Justice Rahul Chaturvedi further directed the trial Judge to conclude the trial by 31st August...
Wake Up To Plight Of Lucknow Residents, Ensure Clean Drinking Water For Them: Allahabad HC Directs Municipal Corporation
In a significant directive addressing the longstanding issue of clean drinking water in certain areas of Lucknow, the Allahabad High Court has asked the Lucknow Municipal Corporation (LMC) to "wake up to the plight" of Lucknow's populace and ensure the availability of clean drinking water for them. The order was passed by a bench of Justice Rajan Roy and Justice Om Prakash Shukla in...
Allahabad High Court Grants Bail To Man Accused Of Strengthening PFI To Establish 'Gazwa-E-Hind' In India
The Allahabad High Court recently granted bail to a UAPA Accused (Muneer Alam) who was arrested in July 2023 on the allegations of actively participating in strengthening the Popular Front of India (PFI) organization to establish 'Gazwa-e-Hind' in India. The Bench of Justice Attau Rahman Masoodi and Justice Saurabh Lavania granted him bail, noting that four co-accused have already...
Allahabad High Court Monthly Tax Digest: April 2024
INDEXM/S United Spirits Limited v. State Of U.P. And 3 Others 2024 LiveLaw (AB) 222The Commissioner, Commercial Tax U.P. v. M/S Godfrey Philips India Limited 2024 LiveLaw (AB) 223 M/S Eco Plus Steels Pvt. Ltd. v. State Of U.P. And 3 Others 2024 LiveLaw (AB) 224Commissioner, Commercial Tax v. S/S Soma Enterprises Ltd 2024 LiveLaw (AB) 225Durga Steel Rolling Mills Thru. Partner Amit Arora...
'Saptapadi' Ceremony Is An Essential Ingredient To Constitute A Valid Hindu Marriage: Allahabad High Court
The Allahabad High Court recently observed that the Saptapadi ceremony ((taking of seven steps by the bridegroom and the bride jointly before the sacred fire)) is one of the essential ingredients of a valid marriage under Hindu law. With this, the bench of Justice Gautam Chowdhary allowed a petition filed by one Nisha challenging the summoning order and further proceedings in a case...
Allahabad High Court Rejects PIL For Release Of Justice Rohini Commission Report On OBC Sub-Categorisation
The Allahabad High Court has rejected a PIL seeking direction to Union Government for publishing report dated 21.07.2023 of Justice Rohini Commission.On 2nd October 2017, Justice Rohini Commission, headed by Justice G. Rohini, was formed for sub-categorization of Other Backward Classes (OBC) caste groups to ensure more equitable distribution of reservation benefits among OBCs in...
Party Not Contacting Counsel For 6 Yrs, Can't Seek Delay Condonation Alleging Lawyer Didn't Inform About Disposal: Allahabad High Court
Recently, the Allahabad High Court dismissed a special appeal which was filed against order the Single Judge dismissing the writ petition for a delay of 6 years.Petitioners filed revision under Section 219 of the U.P. Land Revenue Act, which was dismissed vide an ex-parte order by the revisional authority in 2016. Thereafter, in 2022, petitioners filed a recall application against the...
Allahabad HC Denies Bail To MLA Abbas Ansari In Case Of Alleged Unrestricted Jail Meetings With Wife
The Allahabad High Court on Wednesday denied bail to Uttar Pradesh Member of Legislative Assembly (MLA) Abbas Ansari in connection with a case alleging that his wife had been unrestrictedly visiting him in jail and he would use her mobile phones to threaten various persons including the witnesses and officials who were connected with the prosecution of the applicant. A bench...