Allahabad High Court
Insurance Company Must Insist On Disclosure Of Specific Details, Can't Repudiate Policy Later On Grounds Of Suppression: Allahabad HC
The Allahabad High Court has held that if the insurance company wants specific details to be filed in the form for issuing insurance policy, it must insist upon the person seeking the policy to disclose the same. Once the policy has been issued to the person without disclosing such facts and premium has been recovered by the insurance company, it cannot repudiate the contract on grounds...
'Hate Speech; Working For Ghazwa-E-Hind': PIL In Allahabad HC Seeks SIT Probe Into Robert Vadra's Remarks On Pahalgam Attack
A Public Interest Litigation (PIL) plea has been moved in the Allahabad High Court seeking a probe by a Special Investigation Team (SIT) into the recent remark by Businessman and husband of Congress leader Priyanka Gandhi, Robert Vadra, on the Pahalgam terror attack. The petition, filed by the Hindu Front For Justice (through its President, Advocate Ranjana Agnihotri), claims that...
Revisional Court Can't Assume Jurisdiction To Reject O.21 R.97 Application When It Is Pending Before Executing Court: Allahabad HC
The Allahabad High Court has held that a revisional court cannot assume jurisdiction of an execution court and decide an application under Order XXI Rule 97 CPC, when the same is pending before the executing court. Justice Rohit Ranjan Agarwal observed that the Revisional Court exceeded its jurisdiction in rejecting an application under Order XXI Rule 97 CPC, after concluding that the issue...
'Arbitrary': Allahabad HC Overturns Termination Of Standing Counsel's Contract Prompted By DM's 'Annoyance' With Court Summons
The Allahabad High Court recently set aside the Uttar Pradesh Government's order to terminate a Standing Counsel's empanelment/contract, terming it as 'illegal' and 'arbitrary'. The termination followed the petitioner's inability to connect to the Hardoi District Magistrate, whose phone was switched off during court hours, due to which theDM was summoned by the Court in October...
Once Goods Are Verified And Found To Be Correct In MOV-04, Department Can't Be Permitted To Change Stand Later: Allahabad High Court
The Allahabad High Court has held that when the authority on verification has mentioned the details of the goods found and verified the correctness of the invoices and the goods in transit, it cannot be permitted to change the stand later and say that the goods were not in accordance with the invoice. Justice Piyush Agrawal held “Once on the verification report i.e. MOV-04, the...
'Can't Seek Re-Exam For Being Late To Centre Due To Traffic Jam': Allahabad High Court Refuses Relief To JEE Main Candidates
The Allahabad High Court recently dismissed a plea by JEE (Main) 2025 candidates seeking a re-exam, who claimed that they could not reach the examination centre in time due to a traffic jam caused by the passage of the Chief Minister's convoy. A bench of Justice Jaspreet Singh, though expressing sympathy for the students, observed that a writ of mandamus could not be issued in...
Litigating Public Enjoys Adjournments, Its Role In Court Delays A Menace Neither Spoken Of Nor Condemned: Allahabad HC
In an interesting observation, the Allahabad High Court last week said that the role of litigants in contributing to judicial delays is often overlooked. Calling it a 'menace' that is 'neither spoken of nor condemned', the Court opined that this tendency was required to be 'discouraged firmly'. A bench of Justice JJ Munir called it 'surprising' that despite widespread protests...
Allahabad HC Asks Counsels For UP Govt, HC Administration To Seek Instructions On PIL For Urgent Filling Of Judicial Vacancies
Hearing a Public Interest Litigation (PIL) plea seeking a direction for the timely and expeditious filling of all the current judicial vacancies in the High Court in a time-bound manner, the Allahabad High Court today asked the counsels for the UP Govt and HC administration to obtain instructions in the matter. A bench of Justice MC Tripathi and Justice Anil Kumar-X has now posted...
Hathras Gang Rape & Murder Case: Allahabad HC Flags Suspended SHO's Insensitivity, Denies Relief Over 'Dereliction' Of Duty
The Allahabad High Court last week dismissed a petition filed by suspended-Station House Officer (SHO) Dinesh Kumar Verma seeking to quash criminal proceedings including the summoning order in connection with the 2020 Hathras gang rape and murder case, wherein he has been booked over allegations of dereliction of official duty. A bench of Justice Raj Beer Singh criticised the...
Order U/S 75(6) Of GST Act Must Be Self-Contained, Mere References To SCNs Is Not Sufficient: Allahabad High Court
The Allahabad High Court has held that order under Section 75(6) of the Goods and Service Tax Act, 2017 must be self-contained and mere reference to previous show cause notices is not sufficient. Section 75 of the GST Act is a general provision relating to determination of tax. Section 75(6) of the GST Act provides that “the proper officer, in his order, shall set out the...
Property Seized Due To Dispute Must Be Released To Rightful Owner If Not Needed For Logical Conclusion Of Trial: Allahabad High Court
The Allahabad High Court has held that where the property seized by an investigating agency is not needed for the logical conclusion of trial/ litigation, the same must be released in favour of the rightful owner. It held that who is the rightful owner of the property so seized must be decided based on preponderance of probabilities.Holding that no person can be deprived of his/her...
Maintaining Faith In Judiciary Is Crucial: Allahabad HC Upholds Judicial Officer's Compulsory Retirement Over Adverse Service Record
The Allahabad High Court has upheld the compulsory retirement of Special Judge (SC/ST Act) based on adverse entries in against him in his service record which had attained finality.Holding that adverse entries existed which could lead the Screening Committee to recommend compulsory retirement of the Judicial Officer, the bench of Justice Ashwani Kumar Mishra and Justice Donadi Ramesh held,...