Allahabad High Court
Everyone Is Free To Change Religion In India But It Has To Be Done Legally: Allahabad High Court
In a recent observation, the Allahabad High Court has said that people in India are free to choose and change their religion, however, such changes must adhere to legal procedures. A bench of Justice Prashant Kumar emphasised that credible proof of a desire to convert one's religion is required, followed by clear overt actions to carry out such a desire. Importantly, the Court...
Office Shirking From Its Duties Saying 200 Case Files Not Traceable: Allahabad High Court Demands Explanation From Section Officer
The Allahabad High Court has called for explanation from Section Officer for sending report that about 200 case files of a bunch case were said to be not traceable.A bunch of writ petitions have been filed before the Allahabad High Court challenging the quantum as well as levy of additional compensation demanded from the lessees who have leased land from Greater Noida Industrial...
UPVAT | Intention To Evade Tax Essential For Imposition Of Penalty U/S 54(1)(2): Allahabad High Court
The Allahabad High Court has held that intention to evade tax is essential condition for imposing penalty under Section 54(1)(2) of the Uttar Pradesh Value Added Tax Act, 2008.Section 54(1) of the Uttar Pradesh Value Added Tax Act, 2008 provides for circumstances under which penalties can be imposed on an assesee. It is provided that where an assessing authority is satisfied that an assesee...
POCSO Act Cases Can't Be Quashed On Ground Of Victim Entering Into A Compromise With Accused: Allahabad High Court
The Allahabad High Court has recently observed that under the POSCO Act 2012, regarded as a "Special Statute", offences cannot be dismissed solely on the basis of a compromise between the accused and the prosecutrix-victim."Once the consent of the minor prosecutrix is immaterial for registration of offence, then such consent shall still remain immaterial for all practical purposes at all...
Allahabad High Court Appoints Team Of Five Lawyers To Visit Lucknow Jail To Study Skills, Capabilities Of Convicts
The Allahabad High Court has formed a team of five lawyers to study the skills and capabilities possessed by the convicts. The team must come with suggestions regarding reformative mechanism for the convicts.On the earlier occasion, the bench comprising Justice Attau Rahman Masoodi and Justice Brij Raj Singh had asked the Uttar Pradesh Government to study the concept of open jails, which are...
Hindu Leader Kamlesh Tiwari Murder | 'Case Of Extreme Communal Hatred': Allahabad HC Denies Bail To Alleged Conspirator
The Allahabad High Court has DENIED BAIL to a man accused of conspiring to kill Hindu Samaj Party leader Kamlesh Tiwari over his alleged remark made against Prophet Muhammad. Observing that it is a case of "extreme communal hatred" wherein the deceased (Tiwari) was eliminated by way of a "brutal daylight murder", a bench of Justice Saurabh Shyam Shamshery denied bail to alleged conspirator...
Allahabad High Court Quarterly Digest: January To March 2024 [Citations 1 - 200]
[NOMINAL INDEX PROVIDED AT THE BOTTOM] ORDERS/JUDGMENTS OF THE QUARTER UP Victim Compensation Scheme 2014 | Eligibility/ Quantum Of Compensation For Rape Victims To Be Decided By DLSA, Not Court: Allahabad HC Case Title: Ramesh Alias Mehandi Hasan vs. State Of U.P. And 3 Others [MATTERS UNDER ARTICLE 227 No. - 5804 of 2023] Case Citation: 2024 LiveLaw (AB) 1 The Allahabad...
S.16 UPVAT Act | Invoices, RTGS Details Not Sufficient For Deciding ITC Claim, Transportation Details Must Be Produced: Allahabad High Court
Placing reliance on the judgment of the Supreme Court in State of Karnataka vs. M/s Ecom Gill Coffee Trading Private Limited, the Allahabad High Court has held that input tax credit cannot be granted based solely on invoices and RTGS payment details.While dealing with Section 70 of the Karnataka Value Added Tax Act, 2003 the Supreme Court in M/s Ecom Gill Coffee Trading Private Limited held...
Confiscation & Penalty Order Must Be Quashed If Quantification Of Stock Based On Eye Estimate: Allahabad High Court
The Allahabad High Court has held that once the Appellate Authority has recorded a specific finding that quantification of stock was based on eye estimate and not in accordance with law, the confiscation order as well as the penalty order are liable to be set aside.“When the Appellate Authority had come to the finding that the officers in the survey did not carry out the quantification of...
S.58 UPVAT | In Revisional Jurisdiction, HC Must Uphold Sanctity Of Judgments/Orders, Must Intervene Only When There Are Compelling Reasons: Allahabad HC
While elaborating the difference between 'appeal' and 'revision', the Allahabad High Court has held that in exercise of its revisional jurisdiction, the High court must uphold the sanctity of judgments and orders and intervene only when there are compelling reasons to do so.“High Courts, in their capacity as revisional bodies, are entrusted with the solemn duty of upholding the sanctity of...
Entry Tax | Indian Made Foreign Liquor Not Taxable Under UP Entry Of Goods Into Local Area Act 2007: Allahabad High Court
The Allahabad High Court has recently quashed assessment order taxing Indian Made Foreign Liquor under the UP Entry of goods into Local Area Act 2007 on grounds that it is not provided in the schedule to the Act.Provisional assessment order against the petitioner was passed on 19.04.2006 under Section 4-A (Realization Of Tax Through Manufacturer) of the Uttar Pradesh Entry of Goods into...
Allahabad High Court Weekly Round-Up: April 01 To April 07, 2024
NOMINAL INDEX Dr Brajendra Singh Chauhan And 2 Others v. Central Administrative Tribunal And 2 Others 2024 LiveLaw (AB) 201 Rajendra Singh v. The State Of U P And 5 Others 2024 LiveLaw (AB) 202 Rana Pratap Singh vs. Neetu Singh And 2 Others 2024 LiveLaw (AB) 203 Raeesa Bano vs. Smt. Tabassum Jahan And Ors 2024 LiveLaw (AB) 204 Poornima Singh vs. State Of U.P. And 4...