Burden Of Court Increasing Over Violations Of Natural Justice: Allahabad HC Imposes 20K Cost On GST Official For Not Following Mandatory Provision

The Allahabad High Court has imposed a cost of Rs. 20,000 on Joint Commissioner SGST, Corporate Circle-1, Ghaziabad who had issued a show cause notice without specifying the date and time for personal hearing and had passed an order under Section 74 of the Goods and Services Tax Act, 2017 creating a demand of more than Rs. 5 crore ignoring the specific request for personal hearing made by...

Marriages Solemnised At Arya Samaj Temples With Vedic Or Other Hindu Rites Valid Under Hindu Marriage Act : Allahabad HC

In a significant observation, the Allahabad High Court has held that even the marriages between two Hindus (a Male and Female) performed in Arya Samaj Temples are valid under Section 7 of the Hindu Marriage Act, 1955, if they are solemnised in accordance with Vedic or other relevant Hindu rites and ceremonies and that the marriage venue, be it a temple, house, or open space, is...

Centre Notifies Appointment Of 6 Judicial Officers As Allahabad High Court Judges

The Central Government today notified the appointment of the following Judicial Officers as Judges of the Allahabad High Court. They are:1. Jitendra Kumar Sinha,2. Anil Kumar-X,3. Sandeep Jain,4. Avnish Saxena,5. Madan Pal Singh, and6. Harvir Singh.The SC collegium had recommended the names of 8 Judicial Officers for appointment as Judges of the HC earlier this month. Barring two names,...

[Arbitration Act] No Automatic Stay On Award Upon Filing Of Appeal U/S 34 Within Time: Allahabad High Court Reiterates

Following the judgment of the Supreme Court in Board of Control for Cricket in India Vs. Kochi Cricket Pvt. Ltd. and others and Hindustan Construction Company Limited and others Vs. Union of India and others, the Allahabad High Court has reiterated that automatic stay on the operation of arbitral award is not granted merely by filing appeal under Section 34 of the Arbitration and...

'Learn To Face Society': Allahabad HC Says Runaway Couples Can't Claim Police Protection As A Right Sans Real Threat To Life

The Allahabad High Court earlier this month observed that couples who marry of their own will against the wishes of their parents cannot claim police protection as a matter of right, unless there is a real threat perception to their life and liberty. A bench of Justice Saurabh Srivastava noted that while in a deserving case the Court can provide security to a couple, in the absence of...

[S. 93 GST Act] No Provision Empowering Authorities To Make Tax Determination Against Dead Assesee: Allahabad High Court

The Allahabad High Court has held that Section 93 of the Goods and Services Tax Act, 2017 does not empower the authorities to make determination of tax against a dead person and recover the same his legal representatives. Section 93 of Goods and Services Tax Act, 2017 provides for liability to pay tax in case of death of the proprietor of the firm. Section 93(1)(a) provides that when...

Losing Control Over Subordinates Is Not Misconduct: Allahabad High Court Grants Relief To Jail Superintendent

While setting aside order deducting 10% pension of the Jail Superintendent for 3 years on account of misconduct, the Allahabad High Court held that misconduct is different from carelessness, or inaction and therefore, no punishment could have been given under Regulation 351-A of Civil Service Regulation.It was held that under the said regulation, pension can be withheld due to grave misconduct...

'Attempt To Bury The Issue': Allahabad HC Summons DCP Over Advocate's 'House Arrest' During Administrative Judge's Visit

Taking strong exception once again to the alleged “house arrest” of a practicing advocate in Agra during the visit of an administrative judge to the district, the Allahabad High Court on Monday made it clear that the issue would not be treated as a routine matter and that it will go into its merits. “We would like to make it clear that any attempt at concealing and...

Compassionate Appointments Not Intended As Windfall For Kin Of Deceased, Only Meant To Keep "Kitchen Fire Burning": Allahabad High Court

Recently, while dealing with a case of compassionate appointment, the Allahabad High Court observed that “compassionate ground appointments are not intended to create a windfall for the kin of the deceased. The employer is only required to assess the financial condition which keeps the kitchen fire burning.”This observation was made by Justice Ajay Bhanot in the context that...

Failure To Provide 'Grounds Of Arrest' Violates Article 22(1), S. 50 CrPC: Allahabad HC Directs UP DGP To Ensure Compliance Of S. 47 & 48 BNSS

The Allahabad High Court recently quashed the arrest of a man in connection with a forgery and cheating case. It noted that neither the reasons nor grounds for his arrest were communicated in writing at the time of his arrest, violating his constitutional safeguards under Article 22(1) of the Constitution of India and the statutory mandate under Section 50 CrPC. In its order passed...

[GST] Seller Registered At Time Of Transaction; Cannot Draw Adverse Inference Against Purchasing Dealer Over Subsequent Cancellation: Allahabad HC

The Allahabad High Court has held that if the seller is a registered dealer at the time of transaction, no adverse inference can be drawn against the purchasing dealer based on the subsequent cancellation of seller's registration.Justice Piyush Agrawal held “Once the seller was registered at the time of the transaction in question, no adverse inference can be drawn against the...

Once Trial Has Commenced & Some Witnesses Examined, Constitutional Courts Should Avoid Reopening Or Transferring Investigation: Allahabad HC

The Allahabad High Court recently observed that once an investigation is complete, a charge sheet has been filed, and the trial has begun, superior courts should ordinarily refrain from reopening the investigation or transferring it to another agency. Instead, the Magistrate receiving the chargesheet or the court trying the offences should be allowed to proceed with the case...