Allahabad High Court
Allahabad High Court Quarterly Tax Digest: January to March 2024
INDEX M/S Mgs Palace v. State Of U.P. And 4 Others 2024 LiveLaw (AB) 4 M/S. Hindustan Herbal Cosmetics vs. State Of U.P. And 2 Others 2024 LiveLaw (AB) 9 M/S Eastern Machine Bricks And Tiles Industries vs. State Of U.P. And Others 2024 LiveLaw (AB) 14 Akbar Ali Transport Services vs. State of U.P. and Another 2024 LiveLaw (AB) 25 M/S Roli Enterprises vs. State Of U.P. And...
'25% Of Monthly Pension As Maintenance To Wife Not Excessive': Allahabad HC Dismisses Husband's Revision Plea
While treating the pension as the monthly income of the husband, the Allahabad High Court has held that awarding 25% of the monthly income of the husband as maintenance is not excessive. The Court relied on Kulbhushan Kumar Vs. Raj Kumari where the Supreme Court held that “25% of the husband's net salary would be just and proper to be awarded as maintenance allowance to the...
UP Urban Planning & Development | Allowing Illegal Construction By Compounding Is Disturbing; Deviation From Building Bye-Laws Must Stop: Allahabad HC
The Allahabad High Court has expressed displeasure at the practice of development authority allowing illegal constructions to be raised beyond the sanctioned plan and legalizing the same by way of compounding. The Court held that such practice of allowing illegal construction by relaxing and deviating from the building bye-laws must stop.The bench comprising of Justice Ashwani Kumar Mishra...
Repeatedly Raising Same Issue Amounts To Manipulation & Misleading Of Court: Allahabad High Court Imposes 50K Costs For Filing Motivated PIL
The Allahabad High Court has imposed cost of Rs. 50,000/- on the Bhartiya Kisan Union Pathik for filing public interest litigation on the issues already decided by the High Court.The bench comprising of Chief Justice Arun Bhansali and Justice Vikas Budhwar held “The repeated attempt on part of the petitioner to raise the issue which already stood concluded by filing petitions in one form or...
Wife Who Waived Right To Claim Maintenance At Time Of Divorce By Mutual Consent Not Entitled To It Later: Allahabad HC
The Allahabad High Court has observed that if a woman waives off her right to claim maintenance from her husband at the time of divorce by mutual consent, she cannot later demand the same. A bench of Justice Vipin Chandra Dixit opined thus while ALLOWING a revision plea moved by a husband challenging an order of the Family Court passed in a plea moved by his wife under Section 125 CrPC...
Allahabad High Court Monthly Tax Digest: March 2024
INDEX Gurdeep Singh vs. Nagar Ayukt Nagar Nigam Moti Jheel And Another 2024 LiveLaw (AB) 131 Qamar Ahmed Kazmi vs. State of U.P. 2024 LiveLaw (AB) 133 M/S Sanyo Koreatex Pvt. Ltd. vs. Deputy Commissioner Trade Tax And Another 2024 LiveLaw (AB) 134 M/S Riadi Steels Llp vs. State Of U.P. And 4 Others 2024 LiveLaw (AB) 135 M/S Jhansi Enterprises Nandanpura Jhansi vs. State...
Allahabad High Court Expresses Surprise At Issuance Of Marriage Certificates By Arya Samaj/ Gurudwaras/ Temples
The Allahabad High Court has expressed its 'surprise' over the issuance of marriage certificates by various private institutions like Arya Samaj, Gurudwaras and Temples.A bench of Justice Arvind Singh Sangwan and Justice Shiv Shanker Prasad also directed a signatory of Arya Samaj in Prayagraj to appear before it along with the documents regarding performance and registration of such...
Disciplinary Authority Must Record Reasons For Disagreeing With Exoneration To Enable Employee To Defend Himself Effectively: Allahabad HC
The Allahabad High Court has held that Disciplinary Authority must record reasons for disagreeing with the exoneration by the Inquiry Officer to enable the delinquent employee a chance to effectively defend himself.The bench comprising of Justice Ashwani Kumar Mishra and Justice Syed Qamar Hasan Rizvi held “Recording of reasons in the show cause notice for disagreeing with the opinion...
'Kanyadan' Ceremony Not Essential For Solemnization Of A Marriage As Per Hindu Marriage Act: Allahabad High Court
The Allahabad High Court has observed that the ceremony of Kanyadan is not essential for the solemnization of a Hindu marriage as per the Hindu Marriage Act."Thus, Hindu Marriage Act merely provides saptpadi as an essential ceremony of a Hindu marriage and it does not provide that the ceremony of kanyadan is essential for solemnization of a Hindu marriage," a bench of Justice Subhash...
S.23(1)(B) Hindu Marriage Act | Divorce Petition Can't Be Dismissed If Acts Of Cruelty Once Condoned By Spouse Are Repeated: Allahabad High Court
The Allahabad High Court has held that divorce petition cannot be dismissed under Section 23 (1) (b) of the Hindu Marriage Act, 1955 if acts of cruelty which were once condoned by the spouse are repeated.The Court held that merely because in the petition it was stated that the husband had condoned the adultery and lived with the wife, it cannot be said that subsequent adultery by the wife...
Allahabad High Court Weekly Roundup: March 25 – March 31, 2024
NOMINAL INDEX Dr. Vinod Kumar Bassi vs. The State Of U.P And Anr. 2024 LiveLaw (AB) 193 Vishwanath vs. State Of U.P. And 2 Others 2024 LiveLaw (AB) 194 Mariya Zameel Urf Riya And Another vs. State Of Up And 3 Others 2024 LiveLaw (AB) 195 Divisional Forest Officer North Kheri v. Surjan Singh And Others 2024 LiveLaw (AB) 196 The Public Works Department Thru. Chief...
UP 'Anti-Conversion' Law Prohibits Live-In Relation Between Interfaith Couples: Allahabad High Court
In a recent order, the Allahabad High Court has observed that Section 3(1) of the UP Prohibition of Unlawful Conversion of Religion Act, 2021 prohibits live-in relationships like a matrimonial bond between couples of different religions.A bench of Justice Vivek Chaudhary and Justice Narendra Kumar Johari observed thus while disposing of a writ petition moved by a Hindu girl and her...