Allahabad High Court
RBI Mute Spectator, Allowing Banks To Arbitrarily Charge Very High Rate Of Interest Despite Guidelines: Allahabad High Court
The Allahabad High Court has expressed surprise on how despite guidelines issued by the Reserve Bank of India, banks are being allowed to charge higher rates of interest from their customers.While dealing with a case regarding higher interest rate charged by Standard Chartered Bank without informing the petitioner, the bench comprising Justice Mahesh Chandra Tripathi and Justice Prashant...
Industrial Disputes Act | UP Forest Corporation An 'Industry', 'Mali' Involved In Systematic Activities In Forest Not Casual Employee: Allahabad HC
The Lucknow Bench of the Allahabad High Court has held that the U.P. Forest Corporation is an "industry" within the meaning of the Industrial Disputes Act, 1947 and the employees working as 'mali' who are involved in systematic activities regarding forests are no casual employees.The bench comprising of Justice Alok Mathur held,“Considering the aforesaid judgments and also nature of the...
Prolonged Separation From Spouse Without Cause Itself Cruelty U/S 13(1)(ia) Hindu Marriage Act: Allahabad High Court
The Allahabad High Court has upheld the divorce granted by the Court below to a couple living separately for almost 13 years.In the divorce petition filed by the husband, the Court below had decided the issue of dissertation against him. However, divorce was granted on grounds of mental cruelty inflicted by the wife on the husband.The bench comprising of Justice Vivek Kumar Birla and...
'Ploy To Defame Image Of Girl, Her Family Members': Allahabad HC Dismisses Alleged Lover's Habeas Corpus Plea With ₹25K Cost
"...we are not living in a western country, where this type of relationship is very popular and common among the citizens, We live in country, where people believe in culture and traditions, which is the crown of our country and we are proud of it, therefore, we have to respect the traditions and culture of our country," remarked Allahabad High Court recently while dismissing a habeas corpus...
Negative Report By DM Does Not Decide Claim For Visa And Citizenship, Must Be Decided By Competent Authorities: Allahabad High Court
Recently, the Allahabad High Court has held that a negative report by the District Magistrate does not decide the claim for visa and citizenship. The Authorities have to decide the same based on merits, it said.The bench comprising Justice Saumitra Dayal Singh and Justice Shiv Shanker Prasad observed:“The authorities vested with the jurisdiction to decide the claim existing and the claim...
Allahabad HC Grants Bail To Man Booked Under UAPA For Allegedly Strengthening PFI To Establish 'Gazwa-E-Hind' In India
The Allahabad High Court recently granted bail to a UAPA Accused (Mohd. Arkam) who was arrested in September 2022 on the allegations of actively participating in strengthening the Popular Front of India (OFI) organization to establish 'Gazwa-e-Hind' in India. The Bench of Justice Rajan Roy and Justice Ajai Kumar Srivastava-I granted him bail as it noted that the trial in the case is...
VAT Act | Granite Stone Falls Within Definition Of Stone Under Entry 109, Taxable At 5%: Allahabad High Court
The Allahabad High Court has upheld the order of Tribunal classifying granite stone as “stone” under Entry 109 of the Schedule II Part A as per notification No.KANI-2-421/XI-9(1) dated 31.03.2011 under the Value Added Tax Act, 2008.The Department challenged the order of the Tribunal classifying granite stone as “stone” under Entry 109 on grounds that the list in Entry 109 was...
UPGST | Invoice Contains Vehicle Details, Error In Not Filling Part-B Of E-Way Bill Technical: Allahabad High Court Quashes Penalty Order
The Allahabad High Court has held that if the invoice accompanying the goods contains all the details of the vehicle then not filing of Part-B of the e-way bill is a technical error without any intention to evade tax. The court quashed the penalty order under Section 129(3) of the UP Goods and Service Tax Act, 2017.Petitioner approached the High Court against the order under Section 129(3) of...
Citizenship Act 1955 | Nativity Certificate Not Mandatory For Grant Of OCI Card: Allahabad High Court
The Allahabad High Court has held that Nativity certificate is not mandatory under the Citizenship Act 1955 and the rules made thereunder for grant of Overseas Citizenship of India to a foreign national.While dealing with a case of foreign national of Indian Origin seeking OCI card, the bench comprising Justice Mahesh Chandra Tripathi and Justice Prashant Kumar held,“Section 7(A) of...
Allahabad High Court Orders Inquiry Against SDO For Passing Two 'Contrast' Orders In Same Case
The Allahabad High Court has recently directed a high-level inquiry to be conducted by the Principal Secretary (Revenue), U.P. Government, Lucknow against the Sub-Divisional Officer, Deoria who passed two contrasting orders in the same matter.Petitioner sought a writ of mandamus directing the Collector, Deoria to inspect the case filed by him under Section 31/32 of U.P. Revenue Code, 2006 as...
Union Govt Bound By Apostille Convention, Cannot Disbelieve Apostille Document Of Other Countries: Allahabad High Court
The Allahabad High Court on Thursday held that the Union Government is bound by the Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (Apostille Convention) as India is a signatory to the same. The Court held that the government cannot disbelieve Apostille documents issued by countries signatory to the Apostille Convention.The Convention of...
Proceedings Under 'UP Gangsters Act' Liable To Be Quashed Upon Acquittal Of Accused In Base Cases Of Gang Chart: Allahabad HC
The Allahabad High Court has held that once the proceedings of the base cases depicted in the gang chart are quashed or the accused has been acquitted, the proceedings under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act 1986 are liable to be quashed. A bench of Justice Ajay Bhanot noted thus while hearing a plea moved by one Abdul Kadeer Khan under Section...