Allahabad High Court
Lucknow-Akbarnagar Demolitions | 'Provide EWS Accommodation To All Slum Dwellers, Shift Them By March 31': Allahabad HC To UP Govt
In a significant relief for the slum dwellers of the Akbarnagar area of the Lucknow District, the Allahabad High Court has directed the State Government to ensure that all persons being rehabilitated from Akbar Nagar slums and applying for EWS accommodation, be provided such an accommodation and the entire process of shifting be completed by March 31st.Noting that those applying for...
Allahabad High Court Elucidates Ambit Of 'Exception' In The 'Bail Is Rule, Jail Is Exception' Principle Of Criminal Jurisprudence
The Allahabad High Court recently provided clarity on the scope of "Exceptions" within the "Bail is the rule and Jail is an exception" principle of Criminal Jurisprudence. These exceptions are circumstances where the general rule of granting bail is overridden due to specific factors."These exceptions might include concerns about flight risk, potential danger to the community, the likelihood...
'Decide Prosecution's Plea To Withdraw Abduction Case Against Kunda MLA Raja Bhaiya Afresh': Allahabad HC Directs MP/MLA Court
The Allahabad High Court has directed a Special Judge MP/MLA/ Civil Judge (SD), Pratapgarh to decide afresh a plea moved by a Public Prosecutor seeking to withdraw an abduction and attempt to murder case against Kunda MLA Raghuraj Pratap Singh (Raja Bhaiya), MLC Akshay Pratap Singh and others.The order was passed by a bench of Justice Subhash Vidyarthi on an application moved by Raja...
Conditions Of Remand Not Followed, Allahabad High Court Sets Aside Arbitral Award Under NHAI Act In Writ Jurisdiction
The Allahabad High Court has held that existence of an alternate remedy is not a bar to exercising jurisdiction under Article 226 of the Constitution of India.While exercising writ jurisdiction under Article 226 of the Constitution of India, the Court set aside an arbitral award passed by the District Magistrate/Collector, Jhansi acting as an Arbitrator under Section 3G(5) of the...
Writ Jurisdiction Discretionary, To Be Exercised For Petitioners Acting In Good Faith, With Clean Hands: Allahabad High Court
While dealing with a petition against cancellation of GST registration, the Allahabad High Court held that writ jurisdiction under Article 226 of the Constitution of India can only be exercised for a petitioner who has approached the Court in good faith and with clean hands. The Court held that once there is concealment of facts, writ petition is liable to be dismissed without any relief to...
No Difficulties In Generating E-Way Bill After April 2018: Allahabad High Court Upholds Penalty U/S 129 GST For Late Production Of E-Way Bill
The Allahabad High Court has held that when the Goods and Services Tax Regime was launched in 2017, there were difficulties in downloading e-way bills. However, the difficulties were resolved and from April 2018 there were no difficulties in generating the same.While upholding the penalty order under Section 129 of the Goods and Services Tax Act, 2017 for production of e-way bill...
GST | Truck Moving Slowly Due To Fault In Engine, Not Extending E-Way Bill Technical Breach: Allahabad HC Quashes Penalty U/S 129
The Allahabad High Court has held that when the GPS tracking system showed slow movement of the truck due to mechanical issues in the engine, penalty under Section 129 of the Goods and Service Tax Act, 2017 could not have been imposed for not extending time-period in e-way bill. The Court held that not extending time period in such case was a technical breach.At the time of interception...
S.5 Limitation Act Applies To Rectification Of Orders U/S 31 Of UP VAT Act: Allahabad High Court
The Allahabad High Court has held that Section 5 of the Limitation Act will apply to rectification of orders passed by officer, authority, Tribunal or the High Court under Section 31 of the Uttar Pradesh Value Added Tax Act, 2008.Section 31 of the Uttar Pradesh Value Added Tax Act, 2008 provides that any officer, authority, Tribunal or the High Court may rectify any mistake apparent on the...
Study Concept Of 'Open Jails' To Frame Proper Scheme For Welfare Of Convicts: Allahabad High Court Directs UP Govt
In a significant direction, the Allahabad High Court has asked the Uttar Pradesh Government to study the concept of open jails to serve the personal liberty of the convicts and to frame a scheme or proposal as may be just and proper to serve the cause. For context, open jails are prisons without bars having less strict regulations compared to traditional jails. They operate on...
Allahabad High Court Monthly Tax Digest: February 2024
INDEXM/s K.J. Enterprises vs. State of U.P. and others 2024 LiveLaw (AB) 73M/s Globe Panel Industries India Pvt. Ltd. vs. State Of U.P. And Others 2024 LiveLaw (AB) 74Shri Durga Trading Co vs. Income Tax Officer And Another 2024 LiveLaw (AB) 75 The Commissioner, Commercial Tax, U.P. Lucknow v. S/S Cribhko Shyam Fertilizer Ltd. 2024 LiveLaw (AB) 77M/S Kronos Solutions India Private Limited...
Days After Criticising Govt Counsels Over Substandard Affidavits, Allahabad HC Judge Recuses From Hearing SHUATS Director's Bail Plea
Justice Manju Rani Chauhan last week recused herself from hearing a bail application filed by Sam Higginbottom University of Agriculture, Technology And Sciences (SHUATS) director Vinod Bihari Lal in a case lodged against him for allegedly causing grievous hurt to a person. This development comes days after the Single Judge expressed her dissatisfaction with the quality/adequacy of...
Allahabad High Court Grants Bail To Applicant Accused Of Availing Excess Input Tax Credit, As Proceedings U/S 70 And 74 Pending Since Long
The Allahabad High Court has granted bail to the applicant accused of availing excess input tax credit as the proceedings under Section 70 and Section 74 of the Goods and Service Tax Act, 2017 were pending since long.Section 69 of the GST Act gives power to the Commissioner to order arrest of any person who has committed any offence under Section 132 of the Act. Section 132 lays down a list...