Allahabad High Court
Krishna Janmabhumi-Shahi Idgah Dispute | 'Suits Seeking Mosque's Removal Are Barred By Places Of Worship Act': Masjid Committee In Allahabad HC
The Committee of Management Trust Shahi Masjid Idgah (Mathura) today argued before the Allahabad High Court that the suits pending before the HC, inter alia seeking the removal of the Shahi Idgah mosque from the 13.37-acre complex which it shares with the Katra Keshav Dev temple in Mathura, are barred by the Places of Worship Act 1991, Limitation Act 1963 as well as the Specific Relief...
Limitation Act And Tax Appeals | Allahabad High Court Rejects Application Under Limitation Act, Holds Tax Statue Will Prevail
The Allahabad High Court has rejected the application of Section 5 of the Limitation Act in appeals filed under Section 107 of the Uttar Pradesh Goods and Service Tax Act, 2017. The Court held that Tax laws are complete comprehensive codes which have strict procedural requirements to ensure revenue certainty and fiscal stability.Section 107 of the UPGST Act provides a period of three months...
Rape-Murder Of 3-Yr-Old Girl | 'Chances Of Reformation Of Accused Not Ruled Out': Allahabad HC Commutes Death Penalty To 30-Yr Jail Sans Remission
The Allahabad High Court has commuted the death sentence of a man, who had brutally raped and killed a three-year-old girl in Uttar Pradesh in October 2021, to a fixed-term sentence of 30 years without any benefit of remission.Considering the age of the accused (25 years at the time of the incident) along with his marital status, the bench comprising Justice Ashwani Kumar Mishra and Justice...
Civil Services Regulation | Can't Withhold Pension Under Regulation 351A For Incident Which Occurred 4 Yrs Prior To Retirement: Allahabad HC
The Allahabad High Court has held that no action under Regulation 351-A of the Civil Services Regulation can be taken for an incident which took place four years prior to the retirement of the employee.Regulation 351–A of CSR empowers the Governor to reserve to himself the right of withholding or withdrawing a pension or any part of it, whether permanently or for a specified period and...
A Brothel 'Customer' Doesn't Procure Woman For Commercial Purposes; Can't Punish Him Under 'Immoral Traffic Prevention Act': Allahabad HC
The Allahabad High Court recently observed that If a person ('customer') comes to a brothel and pays money for the satisfaction of his lust, then, at the most, it can be said that he procures a woman to satisfy his lust and not for commercial purposes and hence, it can't be said that he procured or induced the woman for prostitution.A bench of Justice Arun Kumar Singh Deshwal added that...
National Security Act | Period Of Detention In Confirmatory Order Can't Be Extended By Review, Fresh Orders Needed For Further Detention: Allahabad HC
The Allahabad High Court has held that the period of detention prescribed in the confirmatory order passed by the State Government under Section 12 (1) of the National Security Act, 1980 cannot be reviewed or extended by reviewing such order.The Court held that for detaining the person any further, a fresh detention order needs to be passed under Section 3(2) of the Act and such order has to...
Compliance Of Section 21 Of Arbitration & Conciliation Act, 1996 Is Mandatory: Allahabad High Court
The Allahabad High Court has held that the compliance of Section 21 of the Arbitration and Conciliation Act, 1996 (“Arbitration Act”) is mandatory. Thus, arbitral proceedings would only commence once the notice invoking arbitration issued by the claimant is received by the respondent.The Bench comprising Justice Manju Rani Chauhan was adjudicating a writ petition filed under Article 226...
Allahabad High Court Monthly Digest: January 2024
NOMINAL INDEX Ramesh Alias Mehandi Hasan vs. State Of U.P. And 3 Others 2024 LiveLaw (AB) 1 Kapil Dev Yadav vs. State Of U.P. And 3 Others 2024 LiveLaw (AB) 2 Lakshmi Poddar @ Shikha Poddar And Another vs. State of U.P. and Another 2024 LiveLaw (AB) 3 M/S Mgs Palace v. State Of U.P. And 4 Others 2024 LiveLaw (AB) 4 M/S Flavuro Foods Pvt. Ltd. vs. Official...
Allahabad High Court Weekly Roundup: February 12 - February 18, 2024
NOMINAL INDEX Smt Usha Verma And Another vs. State Of U.P. And 3 Others 2024 LiveLaw (AB) 80 Ashok Sharma vs. State of U.P. and Another 2024 LiveLaw (AB) 81 Satyapal And Anr. vs. State of U.P. 2024 LiveLaw (AB) 82 Rajendra vs. State of U.P. and Another 2024 LiveLaw (AB) 83 2024 LiveLaw (AB) 84 Durga Prasad vs. State 2024 LiveLaw (AB) 85 Dhirendra And 2 Ors vs. State...
Non-Appearance Of Advocate For His Client Amounts To Professional Misconduct: Allahabad High Court
Observing that advocates are not appearing in the majority of listed cases that too on multiple dates, the Allahabad High Court on Tuesday said that the non-appearance of a counsel for his client amounts to professional misconduct and also tantamount to bench hunting or forum shopping. A bench of Justice Krishan Pahal observed thus while dismissing an anticipatory bail plea filed by...
Property Purchased By Hindu Husband In Homemaker Wife's Name Is Family Property: Allahabad High Court
The Allahabad High Court has held that a property purchased by husband in the name of wife who is a homemaker and has no independent source of income is a family property. The Court held that it is common and natural in Hindu husbands to purchase properties in the name of their wives.While dealing with son's claim for declaration of co-ownership of deceased father's property, Justice Arun...
Allahabad HC Pulls Up State Counsels For Filing Substandard Counter Affidavits, Directs Framing Of Effective Practice For Drafting Replies
On Monday, the Allahabad High Court expressed dissatisfaction with the quality/adequacy of the counter-affidavits filed by the State Government counsels in various pending matters. Pulling up the state counsels for their inability to file 'up to the mark' counter-affidavits, a bench of Justice Manju Rani Chauhan directed the concerned official authorities of the state to develop...