Allahabad High Court
UP Stamp (Valuation Of Property) Rules | Burden On Revenue To Prove Nature & Potential Use Of Land Not Discharged Properly, No Spot Verification: Allahabad HC
Placing reliance on its earlier decision in Raj Kumar v. State of U.P. and other, the Allahabad High Court has held that the burden to prove that there was a deficiency in stamp duty at the time of execution of the sale deed is upon the Department.The bench of Justice Shekhar B. Saraf held that in the absence of mandatory spot inspection under Rule 7(3)(c) of the Uttar Pradesh Stamp (Valuation...
Hindu Marriage Can't Be Dissolved By Unilateral Declaration Executed On A Stamp Paper: Allahabad High Court
The Allahabad High Court has held that a marriage between two Hindus can be dissolved only by modes recognized by the Hindu Marriage Act and that it can't be dissolved by a unilateral declaration executed on a stamp paper.A bench of Justice Subhash Vidyarthi observed thus while dealing with a Criminal Revision plea filed by a Husband challenging the order of the family court directing him to...
S.138 NI Act | Cause Of Action U/S 142(1)(B) Only Arises After Expiry Of 15 Days For Payment Of Amount: Allahabad High Court
The Allahabad High Court has held that the cause of action under Section 142(1)(b) of the Negotiable Instruments Act, 1881 arises after expiry of 15 days granted to the drawer to pay the amount to the payee/cheque holder under clause (c) of Section 138 of the Act.Section 142(1) of the NI Act provides that a complaint must be made within 1 month of the date from which the cause of action...
Tendering Committee Failed To Perform Functions Properly, Did Not Scrutinize Tender Documents: Allahabad HC Awards Tender To Highest Bidder
The Allahabad High Court has recently awarded tender to the highest bidder who was above the reserve price as the tendering committee had failed to scrutinize tender documents and acted in a lax manner.Petitioner participated in e-tender-cum-e-auction for short-term permit, also regarding Gata No.62 and 63/1 Area 42.00 acre, Village Khapatiha Kala, Tehsil Pailani, District Banda. Petitioner's...
Criminal 'Proceedings' U/S 6(2)(f) Passport Act To Include Investigation Prior To Filing Of Chargsheet: Allahabad High Court
The Allahabad High Court has clarified that 'proceedings' under Section 6(2)(f) of the Passports Act, 1967 cannot be understood as criminal case registered after filing of chargesheet. It starts with the filing of the FIR, the Court observed.Section 6 of the Passports Act, 1967 provides for situations where issuance of passport to a citizen can be refused. Section 6(2)(f) contemplates refusal...
Allahabad HC Dismisses Shooter Vartika Singh's Plea Challenging Dismissal Of Her Defamation Complaint Against Union Minister Smriti Irani
The Allahabad High Court last week dismissed International Shooter Vertika Singh's plea challenging Sultanpur Special MP/MLA Court's October 2022 order rejecting her defamation complaint against Union Cabinet Minister for Women & Child Development, Smriti Zubin Irani. A Bench of Justice Mohd Faiz Alam observed that the trial court had given cogent reasons for not summoning Irani...
CPC Not Exhaustive; Where Code Is Silent About A Procedural Aspect Court's Inherent Power U/S 151 Can Come To Its Aid: Allahabad HC
Last month, while effectively allowing the puja to continue in Vyas-Tehkhana underneath the Gyanvapi Mosque in UP's Varanasi District, the Allahabad High Court, while interpreting Section 151 of the CPC, observed thus: “As the Code of Civil Procedure is not exhaustive, the simple reason being that the Legislature is incapable of contemplating of all the possible circumstances which...
Denied Rs 165 Per Month Salary, Allahabad High Court Orders Payment Of Rs 1 Lakh To "Full Time" Peon After 14 Yrs
The Allahabad High Court on Wednesday awarded a salary plus cost of Rs. 1 Lakh to a peon working in school operated by District Basic Education Authorities, as she had been denied her full salary despite working full time as peon.Petitioner had approached the High Court in 2010 seeking full salary as she was only paid Rs. 15 per month despite the salary being Rs. 165 per month. The...
Allahabad High Court Issues Modalities On Intimation Of Police Reports To Passport Applicants With Pending Criminal Proceedings
The Allahabad High Court has issued modalities to be followed by Regional Passport Offices in the State of Uttar Pradesh on intimation of police reports to applicants with pending criminal 'proceedings' seeking for issuance of fresh passport, renewal or re-issue of passports.Section 6 of the Passports Act, 1967 provides for situations where issuance of passport to a citizen can be...
Allegations On Arbitrator's Independence Under Item 24 Of 5th Schedule Of Arbitration Act Is Not Automatically A Ground For Disqualification: Allahabad High Court
The Allahabad High Court single bench of Justice Rajnish Kumar held that the allegation under Item No. 24 of the Fifth Schedule of the Arbitration and Conciliation Act, 1996 doesn't automatically disqualify the arbitrator without disclosing any specific relationship between the arbitrator and the party. Item No.24 of the Fifth Schedule states that doubts about an arbitrator's independence...
JJ Act | 'All CWC's Orders Excluding Decisions On 'Foster Care' & 'Sponsorship After Care' Are Appealable In Children's Court': Allahabad HC
The Allahabad High Court has observed that an appeal against all the orders passed by the Child Welfare Committee, except where the order has been passed relating to foster care or sponsorship of foster care, shall lie to the children's court as per Section 101 of the Juvenile Justice Act 2015 and not to the District Magistrate.A bench of Justice Jyotsna Sharma observed thus while noting that...
Allahabad HC Extends Interim Protection Granted To MP Asaduddin Owaisi In Case Over 'Criticising' SC's 2019 Ram Janmabhumi Verdict
The Allahabad High Court on Tuesday extended the interim protection granted last year to AIMIM chief and MP Asaduddin Owaisi till further orders in a criminal case over his alleged controversial statements on the 2019 Ram Janmabhoomi verdict of the Supreme Court Of India.The complaint case pending against him before the Siddharthnagar Court under Sections 153-A, 295-A, 298 IPC pertains to...