Allahabad High Court
Arbitration Act| Debatable Questions Of Fact Cannot Be Decided In Proceedings U/ S 11(6): Allahabad High Court
The Allahabad High Court has reiterated that the scope of judicial review in proceedings under Section 11(6) of the Arbitration and Conciliation Act, 1996 is very narrow. The Court held that debatable questions of fact cannot be gone into by the Court while adjudicating an application for appointment of arbitrator. “The rival contentions regarding arbitrability, in my view, cannot...
Arbitral Award Under MSMED Act Must Be Challenged Under S 19 Of MSME Act Read With S 34 Of Arbitration Act: Allahabad High Court
The Allahabad High Court has held that an arbitral award passed in a reference made under Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 must be challenged as per provisions of Section 19 of the MSMED Act read with Section 34 of the Arbitration and Conciliation Act, 1996. Section 19 of the MSMED Act provides that any application for setting aside any...
We Feel Counter Affidavits For State Are Being Drafted By Stenos, Not Law Officers: Allahabad High Court Summons UP's Principal Law Secretary
The Allahabad High Court on Thursday summoned UP's Principal Law Secretary to personally submit his report and apprise the Court of steps taken by him regarding drafting of counter affidavits by the stenographers posted in the offices of Chief Standing Counsel, Additional Chief Standing Counsel and Standing Counsels.The bench comprising Justice Rohit Ranjan Agarwal was hearing a matter...
Gyanvapi-Vyas Tehkhana Row | 'District Judge Allowed 'Puja' On His Retirement Day; DM Urgently Enforced The Order In 7 Hours': Mosque Committee To High Court
While opposing the Varanasi District court's January 31 order permitting Hindu parties to perform puja in the southern cellar of the Gyanvapi mosque at Varanasi (Vyas Ji ka Tehkhana), the Anjuman Mosque Committee (which manages the Mosque) today submitted before the Allahabad High Court that it was "interesting" to note that the order was passed on the last working day of the District...
BREAKING | Gyanvapi : Allahabad HC Refuses Interim Stay On 'Puja' Inside 'Vyas Tehkhana', Asks State To Maintain Law & Order Situation
The Allahabad High Court today refused to allow the Gyanvapi Mosque committee's plea seeking an interim stay on Puja being performed in the southern cellar of the Gyanvapi Mosque (known as Vyas Tehkhana). However, the Court has directed the state government to maintain law and order situation in the area. Pooja inside the Tehkhana began on 31st January, shortly after the Varanasi District...
UP Anti-Conversion Law | Interfaith Marriage Not Valid Unless 'Pre' & 'Post Conversion Declaration' Formality U/S 8 & 9 Complied With: Allahabad HC
The Allahabad High Court has held that no sanctity could be attached to an interfaith/inter-religious marriage which has been performed without the compliance of Sections 8 and 9 of the UP Prohibition of Unlawful Conversion of Religion Act 2021.The Court court clarified that in case a marriage is solemnized after the Act of 2021 came into force [after November 27, 2020] the parties have to...
Commercial Courts Act | Can't Permit Written Statement After 120 Days, Summer Vacations Not 'Extraordinary Circumstance': MP High Court
In a commercial suit, Madhya Pradesh High Court has underscored that a written statement filed after the lapse of 120 days since the service of summons cannot be taken on record.The Division Bench of Justices Sujoy Paul and Vivek Jain also refused to consider routine summer vacations as an 'extraordinary circumstance' mentioned in Prakash Corporates v. Dee Vee Projects Limited, 2022 LiveLaw...
Allahabad HC To Hear Today Gyanvapi Mosque Committee's Appeal Against Varanasi Court's Order Allowing 'Puja' In 'Vyas Tehkhana'
The Allahabad High Court will hear today an appeal moved by the Anjuman Intezamia Masajid Committee (which manages Gyanvpai mosque in Varanasi) challenging the Varanasi District Court's January 31 order allowing Hindus to perform prayers in the southern cellar of the Gyanvapi mosque (Vyas Ji ka Tehkhana).The matter was mentioned yesterday before the Acting Chief Justice Manoj Kumar Gupta...
BREAKING | Gyanvapi Mosque Committee Moves Allahabad HC Against Varanasi Court's Order Allowing 'Puja' In 'Vyas Tehkhana'
The Anjuman Intezamia Masajid Committee (which manages Gyanvpai mosque in Varanasi) has moved the Allahabad High Court challenging the Varanasi District Court's yesterday order which allowed Hindus to perform prayers in the southern cellar of the Gyanvapi mosque.The matter was mentioned before the Acting Chief Justice Manoj Kumar Gupta by senior advocate SFA Naqvi. The ACJ asked him to move...
Unless Specifically Provided In Statue, Employer Cannot Initiate/Continue Disciplinary Proceedings Against Retired Employee: Allahabad High Court
The Allahabad High Court has held that unless it has been specifically vested with the jurisdiction under a statue, a disciplinary authority of the employer cannot initiate or continue pending disciplinary proceedings against an employee after his superannuation.“Some regulations invest employer with powers to initiate proceedings against their employees post retirement up to a certain...
Can State Education Boards Permit Religious Education In Schools? : Allahabad HC Seeks Response Of Union Education & Minority Ministries
The Allahabad High Court today asked the Union Ministry of Education and Union Ministry of Minority Affairs as to whether the State can have statutory Education Boards, permitting religious education.A bench of Justice Vivek Chaudhary and Justice Subhash Vidyarthi put up this query to the Centre while dealing with a writ petition raising certain issues about Madarsa Board and the management...
Provision For Urgent Relief Not A Tool To Circumvent Pre-Institution Mediation U/S 12A Commercial Courts Act: Allahabad High Court
The Allahabad High Court has held that a prayer of urgent relief should not be used as a tool to circumvent the requirement of pre-litigation mediation contemplated under Section 12A of the Commercial Courts Act, 2015.Section 12A of the Commercial Courts Act, 2015 provides that where urgent relief is not contemplated in a suit, the plaintiff must exhaust the remedy of pre-mediation...