District Required To Pay Panel Advocates For All Matters They Received Notice For And Appeared In: Allahabad High Court

In a recent case, the Allahabad High Court directed the District of Jaunpur to pay an ex-panel advocate the outstanding fees they owed him. A division bench comprising Justice Shekhar B. Saraf and Justice Vipin Chandra Dixit held that the district was required to compensate the advocate for all the cases where he received notices and appeared before the Court.By letter dated 16.05.2013,...

'No Sanction; Communal Tension Over Pipal Tree': UP Govt Justifies Objection To Renovation Of 19th Century Ayodhya Mosque In High Court

The Uttar Pradesh government last week strongly objected to the renovation and repair work of the 19th-century Hussaini Mosque in Ayodhya, citing an attempt by the Mosque Committee to undertake construction on the mosque's land without proper sanction. The objection was raised before the Allahabad High Court, where the Additional Chief Standing Counsel justified the Govt's stance...

Whether Woman Allegedly Gang-Raped, Pushed Out Of Train In 2016 Compensated Under Railways Act? Asks Allahabad HC

The Allahabad High Court has asked the Union Ministry of Railways whether it has compensated a 35-year-old woman who was allegedly pushed out of a moving train after being gang-raped in 2016, resulting in the loss of her right leg, under the Railways Act of 1989. A bench of Chief Justice Arun Bhansali and Justice Jaspreet Singh made the query while hearing a suo motu Public...

Take Decision On Relocation/Rehabilitation Of Hathras Rape Victim's Family By Jan 8: Allahabad HC Directs UP Govt

The Allahabad High Court has directed the state government to take a decision by January 8 and apprise the court with regard to the relocation and rehabilitation (at Ghaziabad or Noida) of the family members of the Hathras gang rape and murder victim. A bench of Justice Rajan Roy and Justice Jaspreet Singh directed the family to make a formal application to the Hathras...

Krishna Janmabhumi Row | Wrong Reporting Of Court Proceedings Would Amount To Contempt: Allahabad HC Directs Media To Observe Restraint

In the ongoing Krishna Janmabhoomi-Shahi Eidgah Mosque dispute in Mathura, the Allahabad High Court has warned the media sternly regarding the irresponsible or incorrect reporting of court proceedings. The court emphasized that any such reporting, which misrepresents the proceedings or orders in the case, may prima facie amount to contempt of the Court. “…this Court expects that...

Allahabad HC Bench Recuses From Hearing Mohammed Zubair's Plea Against UP Police FIR Over 'X Post' On Yati Narsinhanand

A bench of Allahabad High Court comprising Justice Mahesh Chandra Tripathi and Justice Prashant Kumar today RECUSED from hearing a plea moved by challenging an FIR lodged by the Ghaziabad Police last month accusing him of promoting enmity among religious groups following a complaint by an associate of controversial priest Yati Narsinghanand.The bench recused itself within 20 minutes of...

Relief Hit By S. 438(1)(ii) CrPC: Allahabad HC Cancels Advocate's Anticipatory Bail In Extortion Case For Concealing Criminal Antecedents

The Allahabad High Court recently cancelled anticipatory bail granted to an advocate in an extortion case, noting that he had not mentioned the factum of previous criminal antecedents before the trial court, which granted him the relief. A bench of Justice Krishan Pahal emphasized that one of the crucial factors in granting anticipatory bail is the criminal antecedents of the...

Allahabad High Court Directs State GST Dept To Not Initiate Action For Assessment Years In Which Central GST Had Already Acted

The Allahabad High Court has directed the State Goods and Service Tax Authorities to not take action for any assessment year in which the Central Goods and Service Tax Authorities have already taken action. Petitioner approached the High Court under Article 226 of the Constitution of India against the actions taken by the State and Central GST Authorities for the same assessment...

Appeals U/S 260A Of Income Tax Act Not Sustainable In Absence Of Perversity In Tribunal's Fact Finding: Allahabad High Court

While entertaining an Income Tax Appeal, the Allahabad High Court has held that an appeal under Section 260A of the Income Tax Act, 1961 cannot be sustained without establishing a perversity with the fact finding of the Tribunal. “In the instant appeal the department has only challenged the fact finding off the Tribunal. A catena of Supreme Court judgments have concluded that...

Once HC Directs To Avail Alternate Remedy, Appeal U/S 107 GST Cannot Be Dismissed As Not Maintainable: Allahabad High Court

The Allahabad High Court has held that once the High Court has directed the assesee to approach the appellate authority under Section 107 of the Central Goods and Service Tax Act, 2017, the appeal cannot be dismissed as not maintainable. Counsel for petitioner argued that notice and demand under Section 79 of the CGST Act were issued to the petitioner, pursuant to which it approached...

Passing Reinstatement Order Pursuant To Quashing Of Earlier Suspension Not Necessary For Suspending An Employee Again: Allahabad High Court

While hearing a principal's plea–whose earlier suspension was quashed in a writ petition, and who was subsequently suspended again, the Lucknow bench of the Allahabad High Court said that non-passing of a formal order of reinstatement after quashing of suspension order does not disentitle the employer from placing the employee under suspension again.The Court held that suspension does...

[Taxation] Passing Order Without Providing Opportunity Of Hearing, Providing Documents Violates Natural Justice: Allahabad HC Reiterates

While deciding a case relating to Input Tax Credit, the Allahabad High Court has held that a quasi-judicial body must provide an opportunity of hearing to a person before imposing liability on them. The Division Bench comprising Justice Shekhar B. Saraf and Justice Vipin Chandra Dixit held that as per the doctrine of audi alteram partem (let the other side be heard as well), such...