Allahabad High Court
Society Needs More Time To File Reply Than An Individual, Allahabad High Court While Quashing Demolition Notice Against Radhasoami Satsang Sabha
The Allahabad High Court has quashed the demolition orders passed by Tehsildar, Agra against Radhasoami Satsang Sabha on grounds of violation of principles of natural justice. The Court held that a society needs more time compared to an individual to file reply to a notice since more stake holders are involved in a society.Justice Manish Kumar Nigam held “In considering reasonableness of...
Allahabad High Court Dismisses PIL For Cleaning Hindon River To Facilitate Devotees In Performing Chhath Pooja
The Allahabad High Court last week dismissed a Public Interest Litigation (PIL) plea seeking a UP Government and concerned official authorities to clean the Banks of the Hindon River and the River itself (at Ghaziabad) to facilitate the Devotees in performing Chhath Pooja commencing from November 19, 2023. The bench of Chief Justice Pritinker Diwaker and Justice...
Justice Manoj Kumar Gupta Appointed As Acting Chief Justice Of Allahabad High Court
The Central Government on Monday notified the appointment of Justice Manoj Kumar Gupta as the Acting Chief Justice of the Allahabad High Court.The said appointment has been made with effect from November 22, 2023, consequent upon the retirement of Justice Pritinker Diwaker, Chief Justice, Allahabad High Court on November 21, 2023.#JustIN | Justice Manoj Kumar Gupta appointed as the Acting...
Revenue Courts Cannot Pass Orders Using Rubber Stamp Seal, Order Sheet Must Be Signed: Allahabad High Court Reiterates
The Allahabad High Court has reiterated that revenue courts are not supposed to pass orders using the rubber seal stamp.“As per law the rubber stamp seal cannot be used for passing the orders and Revenue Courts are not supposed to pass the order by using the rubber stamp seal as per observation made by this Court in the judgment passed in the case of Hanuman Prasad Vs. State of U.P. and...
Bail To Accused Shouldn't Be Cancelled Based On Plea That He Is Threatening Informant After Release: Allahabad High Court
The Allahabad High Court recently observed that the bail granted to an accused should not be cancelled on the basis of an application filed claiming that the accused is continuously threatening the applicant/informant after his/her release on bail. The bench of Justice Sameer Jain reasoned that if based on such an application, bail granted to the accused is cancelled, then it would open...
Krishna Janmabhumi Dispute | Allahabad HC Reserves Verdict On Plea To Appoint Commission To Inspect Mathura’s Shahi Idagh Mosque
In the pending suits before the Allahabad High Court concerning Mathura's Krishna Janmabhoomi-Shahi Eidgah Mosque dispute, the HC, on Thursday, reserved its orders on a plea seeking the appointment of a court commissioner to inspect the Mosque in question. For context, the application under Order 26 Rule 9 CPC (for appointment of the commission) was filed recently by the deity...
Authenticity Of Transaction Cannot Be Disputed If E-Way Bill Not Cancelled Within Time: Allahabad HC
The Allahabad High Court held that once e-way bill has been generated by the assessee and the same has not been cancelled within the time prescribed in the Goods and Service Tax Act, 2017, movement of goods and genuineness of a transaction cannot be disputed by the Department.While quashing the penalty order issued under Section 129(3) of the GST Act, Justice Piyush Agrawal held “The purpose...
NOC For Firecracker Shop Can’t Be Cancelled Merely Because It’s In Populated Area : Allahabad High Court
The Allahabad High Court has held that no objection certificate granted to a firecracker shop cannot be cancelled merely because it is in a thickly populated area. Unless there is violation of the India Explosives Act, 1884 and Rules thereunder, NOC cannot be cancelled or revoked.Reliance was placed on earlier decisions of the Allahabad High Court wherein the Court had held that “increase...
Major Penalty Cannot Be Imposed If Inquiry Concluded Without Oral Testimony By Witnesses: Allahabad High Court
The Allahabad High Court has held that inquiry shall be flawed if oral testimony is given a go-by in cases involving imposition of major penalty.While allowing the writ petition, Justice J.J. Munir observed that the establishment has to prove its case before the inquiry officer by leading evidence. Merely pointing out that the petitioner has not disputed the authenticity of documents produced...
Can't Issue Habeas Corpus Writ For A Missing Person More So When No One Is Alleged In FIR To Have Illegally Detained Him/Her: Allahabad HC
The Allahabad High Court has observed that a Writ of Habeas Corpus cannot be issued in respect of any and every missing person, more so when no named person is alleged to be responsible in the FIR for the illegal detention of the person for whose production a writ is to be issued. A bench of Justice Karunesh Singh Pawar observed thus while dismissing a habeas corpus plea filed by a...
Justice Shekhar B Saraf Sworn In As A Judge Of Allahabad High Court
Justice Shekhar B. Saraf was on Friday sworn in as the Judge of the Allahabad High Court, following his transfer from the Calcutta High Court. Chief Justice Pritinker Diwaker administered him the oath of office.Born on October 21, 1971, son of Late Justice Sohan Lal Saraf and Late Sulochana Saraf, Justice Shekhar Saraf took education at St. Xaviers Collegiate School, Calcutta and La...
[Holiday Hearing] Allahabad HC Grants Interim Relief To Management Student Denied To Write Exam Due To Attendance Shortfall
In a special hearing conducted during the Diwali holidays, the Allahabad High Court, on Wednesday (November 15), allowed a management student, who was short of attendance, to appear in the supplementary examination to be held on Thursday (November 16) at Amity University. The matter was taken up by the bench of Chief Justice Pritinker Diwaker after an urgent mention was made before...