Allahabad High Court
Habeas Corpus Plea For Visitation Rights Ordinarily Not Maintainable Where Husband-Wife Dispute Pending In Family Court: Allahabad HC
The Allahabad High Court recently held that a habeas Corpus writ would not ordinarily be issued to grant visitation rights, particularly when proceedings between the parties are pending before the Family Court. “A writ of habeas corpus, as has been consistently held, though a writ of right is not to be issued as a matter of course, particularly when the writ is sought against...
Industrial Disputes Act | Labour Court Has Ample Power To Examine Correctness Of Finding Of Inquiry Officer In Discharge Or Dismissal Order: Allahabad High Court
The Allahabad High Court single bench of Justice Dinesh Pathak held that the Labour Court has been given ample power under Section 11-A of the Industrial Disputes Act, 1947 to examine the correctness of the finding returned by the Inquiry Officer in passing the discharge or dismissal order. The High Court held that Section 11 of the Industrial Disputes Act denotes the power of the Labour...
Representation Of Peoples Act Complete Code In Itseld, Limitation Act Does Not Apply: Allahabad High Court
The Allahabad High Court has held that an election petition filed under Section 86(1) of the Representation of the People Act, 1951 outside the period of limitation prescribed under Section 81 of the Act is not maintainable.Justice Saumitra Dayal Singh held that the Representation of the People Act, 1951 is a complete and self-contained code which renders the Limitation Act inapplicable per...
[Central Excise Act] Mandatory Pre-Deposit U/S 35F For Filing Appeal Before CESTAT Can't Be Waived In Writ Jurisdiction: Allahabad High Court
The Allahabad High Court has held that mandatory condition of pre-deposit prescribed under Section 35F of the Central Excise Act for filing appeals before the Customs Excise and Service Tax Appellate Tribunal cannot be waived under Article 226 of the Constitution of India.Petitioner approached the High Court against the order passed by the Commissioner, Central Goods and Service Tax,...
Wrongful Utilization Of Input Tax Credit Amounting To ₹315 Cr May Affect County's Economy: Allahabad High Court Denies Bail
The Allahabad High Court has rejected bail to four persons accused of wrongfully availing input tax credit of about Rs. 315 crores on grounds that an economic offence of such magnitude may affect the economy of the country.Justice Nalin Kr Srivastava noted that the applicants' office-cum-residence was subjected to a search where several forged rubber stamps, chequebooks, Aadhaar Card, PAN...
Employees/Officers Of Cooperative Society Aren't 'Public Servants', Can't Be Prosecuted U/S 409 IPC: Allahabad High Court
The Allahabad High Court recently held that the cooperative society's employees and officers are not public servants as per Section 21 of the Indian Penal Code and, therefore, cannot be prosecuted under Section 409 (Criminal breach of trust by public servant, or by banker, merchant or agent) of the IPC. A bench of Justice Arun Kumar Singh Deshwal observed this while dismissing a...
Allahabad HC Imposes ₹5 Lakh Cost On 'CWC' For Sending Minor Girl Residing With Mother To Children's Home
In a significant order, the Allahabad High Court on Monday imposed a cost of Rs. 5 lakhs on the Nari Niketan/Child Welfare Committee, Kanpur Nagar for its 'shocking' decision to send a 15-year-old girl, who was residing with her mother, to a children's home. The court directed that the amount be handed over to the girl's father and used for the upbringing of the minor girl's child. A...
Person Convicted Of Moral Turpitude Not Suitable To Head Any Department, Much Less Education Institution: Allahabad High Court
The Allahabad High Court has held that a candidate convicted in a criminal case involving moral turpitude cannot be said to be suitable to head any department, much less an educational institution.“…A candidate who is convicted in a criminal case involving moral turpitude, such a candidate cannot be taken to be suitable candidate to hold the position of head of any institution or...
[Industrial Disputes Act] Labour Court Can't Award Interest In Proceedings For Recovery Of Money From Employer U/S 33C(2): Allahabad High Court
The Allahabad High Court has held that while proceeding under Section 33C(2) of the Industrial Disputes Act, 1947, Labour Court does not have the power to grant interest to the employee on delayed payment of amount due by the employer. The Court held that proceeding under Section 33C(2) are execution proceedings.Section 33C (1) provides that where any money is due to an employee from...
Allahabad High Court Weekly Round-Up: April 15 - April 21, 2024
NOMINAL INDEX Ram Pal Soni And Another v. State Of U.P. Thru. Prin.Secy. Finance And Ors. 2024 LiveLaw (AB) 237 Gurmeher Singh vs. State of U.P. and Another 2024 LiveLaw (AB) 238 Aman @ Vansh vs. State Of Up And 3 Others 2024 LiveLaw (AB) 239 Riyaz Alias Ovaisi vs. State of U.P. 2024 LiveLaw (AB) 240 State of Uttar Pradesh and Others v. Shri Raj Veer Singh 2024...
'Scandalous & Irresponsible Allegations': Allahabad High Court Dismisses Plea Implying Judicial Bias With ₹20K Cost
In a resolute stance against the propagation of irresponsible accusations against the judicial system, the Allahabad High Court recently imposed Rs. 20,000 costs on a litigant who had sought a transfer of his case alleging bias against the presiding Judge. "This kind of a tendency of hurling allegations at Courts without the slightest fear of the outcome, if the allegations fail or are found...
'Nagar Ayukt Not Child Or Ward Sitting In Director's Lap': Allahabad HC Imposes ₹10K Cost For Not Granting Increment To Retired Employee
Recently, the Allahabad High Court has imposed a cost of Rs. 10,000 on the Nagar Ayukt, Nagar Nigam, Meerut for denying an increment to the government employee retiring on the day prior to the accrual of the increment. The Court held that the action of the Nagar Ayukt based on a Government Order was against various judgments of the Allahabad High Court and the judgment of the Supreme Court...