Allahabad High Court
PIL Filed In HC Seeking Direction To Refer Allahabad HC As 'The High Court Of Uttar Pradesh' In Official Documents
A Public Interest Litigation (PIL) plea has been moved in the Allahabad High Court seeking a direction to the Central Government and other authorities to refer the HC, the High Court for Uttar Pradesh as 'The High Court of Uttar Pradesh' in all the notifications, communications, judgement, orders and decrees.The PIL plea, moved by Lucknow based Advocate Deepanker Kumar, also seeks a direction...
Allahabad High Court Weekly Round-Up April 8 - April 14, 2024
NOMINAL INDEX M/S United Spirits Limited v. State Of U.P. And 3 Others 2024 LiveLaw (AB) 222 The 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) 224 Commissioner, Commercial Tax v. S/S Soma Enterprises Ltd. 2024 LiveLaw (AB) 225 Syed Asim Ali vs. State...
Moratorium U/S 14 IBC Applies Only To Corporate Debtor; Natural Persons Like Its Director Still Liable U/s 138 NI Act: Allahabad HC
The Allahabad High Court has observed that the moratorium provisions contained in Section 14 of the Insolvency and Bankruptcy Code, 2016 prohibit the proceeding u/s 138/141 NI Act only against the corporate debtor and not against the natural persons like the directors of the company for their vicarious liability.A bench of Justice Arun Kumar Singh Deshwal observed thus while dismissing a...
S.17 (1A) SARFAESI Act | Jurisdiction Of DRTs Can't Be Solely Decided Based On Location Of Asset: Allahabad High Court Clarifies
The Allahabad High Court has held that jurisdiction of the Debt Recovery Tribunal to entertain application under Section 17 of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 cannot be based solely on the location of the secured asset.The bench comprising of Justice Jaspreet Singh and Justice Manish Mathur held that the DRT in...
Whether Claims Prior To Work Order Are Covered By The Arbitration Clause Or Not Is To Be Decided By The Arbitrator: Allahabad High Court
The High Court of Allahabad has held that the issue whether claims between the parties prior to the work order is question are covered by the arbitration clause or not is to be decided by the arbitrator and not by the Court at pre-arbitration stage under Section 11 of the A&C Act. The Bench of Justice Rajnish Kumar also reiterated that after the judgment in Perkins...
Intra-Court Appeal Not Maintainable Against Order Issuing Notices In Contempt Jurisdiction: Allahabad High Court
The Allahabad High Court has held that intra-court appeal is not maintainable against an order issuing notices to parties passed by a Single Judge sitting in contempt jurisdiction.In the contempt petition, Single Judge issued notices and directed district administration shall not stop construction of those persons, who are not the party in the First Appeal From Order No.334 of 2022....
Working Journalists Act: What Allahabad High Court Held On Operation Of Industrial Disputes Act, Delegation Of Power By State Govt
The Allahabad High Court has held that 1955 Act is a special act governing the conditions of work for newspaper employees including working journalists and non-working journalists and will have overriding effect over the Industrial Disputes Act, 1947.“The Act of 1947 only supplements the cause of working journalists, but in no way it restricts in reaping the benefits provided under the...
1974 Harness Rules | Allahabad High Court Asks Authority To Reconsider Married Daughter's Compassionate Employment Claim
Recently, the Allahabad High Court has held that the definition of 'family' under Rule 2(c) and Rule 5 of U.P. Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974 does not require the person seeking compassionate appointment to be dependent on the deceased employee.While directing the authorities to reconsider the application for compassionate appointment moved by...
Stamp Act | Interest Must Be Paid On Excess Duty Illegally Detained By Government: Allahabad High Court
The Allahabad High Court has held that where revenue has illegally detained excess stamp duty collected by the authorities under the Indian Stamp Act, 1899, interest must be paid by the Government even if there is no provision providing for such interest.In September 2013, an order of refund of Rs.5,35,454/- was passed in favor of the petitioner. However, the amount was refunded in December...
Arbitration Act | Section 6 Commercial Courts Act Is Enabling Provision, Doesn't Override Arbitration Agreement: Allahabad High Court Dismisses Appeal
The Allahabad High Court division bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar held that Section 6 of Commercial Courts Act, 2015 is an enabling provision and does not override agreements made between parties regarding jurisdiction. It held that even if a Commercial Court has jurisdiction as per Section 6, this jurisdiction can be excluded by an arbitration...
Termination Of Contractual Employee Governed By Contract, Cannot Be Adjudicated Under Article 226: Allahabad High Court
The Allahabad High Court has held that a termination of a contractual employee by the employer in terms of the conditions of the contract or their violation cannot be adjudicated upon by the High Court under Article 226 of the Constitution of India as there cannot be a violation of Article 14 or Article 16 where the terms of the contract are per se not arbitrary.The Court held that...
No Show Cause Notice/Departmental Proceeding Can Be Initiated Against Retired Employee In Absence Of Rules/Regulations: Allahabad HC
The Allahabad High Court has held that in absence of any rule or regulation in Uttar Pradesh Cooperative Society Employees Service Regulation, 1975 and Uttar Pradesh Rajya Sahkari Bhumi Vikas Bank Employees Service Rules, 1976, neither a show cause notice can be issued nor departmental proceedings can be initiated against an employee after his retirement.While quashing the proceedings against...