Allahabad High Court
Gyanvapi Dispute | Allahabad HC Issues Notice To Mosque Committee On Plea Seeking ASI Survey Of 'Wuzukhana' Area
The Allahabad High Court today issued a notice to the Anjuman Intezamia Masjid Committee (which manages Gyanvapi Mosque in Varanasi) in a Civil Revision plea filed challenging the Varanasi District Judge's order (October 2023) refusing to direct the Archeological Survey of India (ASI) to undertake a survey of the Wazukhana area (except for the 'Shiva Linga') inside the Gyanvapi...
Enormity Of Charge Does Not License Employer To Jump To Conclusions: Allahabad High Court Orders Reinstatement Of Employee
While dealing with a case where oral evidence was not led by an employer to prove charges against the, the Allahabad High Court remarked that “the seriousness or enormity of the charge does not license the employer to jump to conclusions.”Directing the reinstatement of the employee, Justice J.J. Munir observed,“The more serious the charge, the more serious the consequence for the...
School Fee Concession Granted To Siblings Cannot Be Claimed As A Matter Of Right: Allahabad High Court
The Allahabad High Court has observed that the sibling fee relief granted by a school is subject to certain conditions and cannot be claimed as a matter of right.While dealing with the rustication of two siblings from Delhi Public School, Raj Nagar Ghaziabad due to issue regarding the applicability of sibling fee scheme benefit, Justice Ashutosh Srivastava observed, “I find that the Sibling...
Payment Of Wages Act | District Judge Deciding Appeal U/S 17 Acts As A Court, Not As 'Persona Designata': Allahabad High Court
The Allahabad High Court has held that a judge appointed in individual capacity by name acts as a persona designata but when he is appointed by his designation alone, he acts as a Court. The Court held that the test to determine whether appointment is made as a persona designata or not is to see if the person has been appointed by “his name alone, the description or designation being given...
Allahabad HC To Hear Tomorrow Plea Against Varanasi Court's Refusal To Direct ASI To Survey Gyanvapi Mosque's Wuzukhana Area
The Allahabad High Court will hear tomorrow a Civil Revision plea filed before it challenging the Varanasi District Judge's order (dated October 21, 2023) refusing to direct the Archeological Survey of India (ASI) to undertake a survey of the Wazukhana area (except for the 'Shiva Linga') inside the Gyanvapi Mosque premises. The matter will be heard by a bench of Justice...
Undertrials/Convicts Have A Right To Get Adequate Medical Treatment: Allahabad HC Grants Interim Bail To MP Atul Rai On Medical Grounds
The Allahabad High Court (Lucknow bench) on Monday granted interim bail to Ghosi MP Atul Rai on medical grounds until March 22 noting that he is suffering from a “life-threatening” ailment and hence, needs immediate redressal. Stressing that no matter how serious an offence is, the health condition of a human being is paramount, a bench of Justice Mohd. Faiz Alam Khan directed...
GST | Technical Error Without Any Financial Implications Do Not Attract Penalties: Allahabad High Court
The Allahabad High Court has held that mere technical errors under tax laws without any financial implications should not be grounds for imposition of penalties.While dealing with the case of goods not accompanying e-way bill, Justice Shekhar B. Saraf held,“Mere technical errors, without having any potential financial implications, should not be the grounds for imposition of penalties....
Writ Of Certiorari Not Issued As A Matter Of Course, But Granted At Discretion Of Superior Court: Allahabad High Court
The Allahabad High Court has held that the writ of certiorari is discretion granted to a superior court to review and quash decisions of lower courts, tribunals, or administrative bodies and is not issued as a matter of course.While dealing with the challenge to the order under Section 129 of the Central Goods and Service Tax Act, 2017 and the subsequent order of the first appellate...
Hindu Marriage Act | Plea To Declare Marriage Void U/S 11 Can't Be Judged On Grounds Of Voidable Marriage U/S 12: Allahabad High Court
The Allahabad High Court has held that grounds under Section 11 (Void Marriages) of the Hindu Marriage Act 1955 are very different from grounds under Section 12 (Voidable Marriages) and thus, a petition filed under Section 11 of the Act cannot be judged on grounds other than those mentioned in Section 11.The Court held that a marriage performed in contravention of Clauses (i), (iv) and (v)...
GST | Show Cause Notice A Vital Checkpoint, Delineates Boundaries Within Which Any Authority Can Operate: Allahabad High Court
The Allahabad High Court has held that authorities cannot travel beyond the show cause notice to impose penalty on the assesee.The bench comprising Justice Shekhar B. Saraf held,“At its core, a show cause notice represents the initial step in an administrative or legal process, wherein an individual or entity is formally apprised of allegations or discrepancies attributed to them. This...
Krishna Janmabhoomi Suits | Plea In Allahabad HC Seeks Implementation Of Mathura Court's Order For Spot Inspection Of Disputed Property
An application has been moved before the Allahabad High Court seeking implementation of Mathura court's December 2022 order directing a Civil Court Amin (also known as court officers) to visit and survey the disputed site and submit a report (with maps) in connection with the Sri Krishna Janmasthan-Shahi Idgah dispute. This application has been moved by Bhagwan Bal...
Allahabad High Court Weekly Round-Up: January 22 To January 28, 2024
NOMINAL INDEX Manmeet Singh vs. Union of India and others 2024 LiveLaw (AB) 38 Jaishree and Another vs. State Of U.P. And 3 Others 2024 LiveLaw (AB) 39 Ajay Singh v. University Of Allahabad And Another 2024 LiveLaw (AB) 40 Anupam Singh vs. State Of U.P. Thru. Prin.Secy. Home And Anr 2024 LiveLaw (AB) 41 Indu Bhushan Pandey vs. State Of Up Thru Prin Secy Dept Of Energy And...