Allahabad High Court
India Is Shravan Kumar's Land, Children Expected To Look After Their Elderly Parents Properly: Allahabad High Court
Observing that our nation is the land of 'legendary' Shravan Kumar who sacrificed his life for aged blind parents, the Allahabad High Court recently said that the traditional norms and values of the Indian society emphasize the duty of taking care of elders. Noting that children are expected to look after their elderly parents properly, the bench of Justice Mahesh Chandra...
Childcare Institutions Worse Than Prisons: Allahabad High Court Takes Suo Moto Cognizance Of Deficiencies In Running Of Such Institutions
The Allahabad High Court on Thursday registered a suo moto public interest litigation regarding the deficiencies in running of child care institutions in the State of Uttar Pradesh.On inspections carried out by Justice Ajay Bhanot, several deficiencies were revealed in running of childcare institutions across the Uttar Pradesh which directly implicate fundamental rights guaranteed under...
Adverse Possession Not Considered By Appellate Authority: Allahabad High Court Remands Case To Commissioner After 28 Yrs
The Allahabad High Court recently remanded a 28 years old land dispute as the Commissioner had failed to take not of the adverse possession of the petitioners in appeal under Section 13 of the Uttar Pradesh Imposition of Ceiling on Land Holdings Act, 1960.The bench comprising of Justice Alok Mathur held that once eviction suit against the petitioner was dismissed, fact of possession...
UPGST | For Claiming ITC, Burden On Assesee To Prove Genuineness Of Transaction Beyond Doubt: Allahabad High Court
The Allahabad High Court has held that input tax credit cannot be claimed by an assesee if he has failed to discharge the burden to prove the actual transaction and physical movement of goods beyond doubt.Referring to Section 16 and 74 of the UP Goods and Service Tax Act, 2017, Justice Piyush Agrawal held “it is evident that in the event of wrong availment of input tax credit, the...
Allahabad High Court Takes Cognizance Of Seized Vehicles Lying Negligently Outside Police Stations, Seeks State's Response
The Allahabad High Court on Wednesday took cognizance of a letter petition filed before it for direction to State authorities regarding proper storage and release of seized vehicles lying negligently outside police stations all over the State of Uttar Pradesh.Advocate Shubham Agrawal filed a letter petition highlighting the menace of growing stock of such seized vehicles.It was alleged that...
'Journalists Given Benefit Of Estate Properties At Throwaway Prices': Allahabad HC To Suo Moto Examine Vires Of UP's AHUCED Act
Observing that the Journalists in the State are being extended the benefit of Estate properties at throw-away prices, the Allahabad High Court last week decided to suo moto consider the vires of The Allotment of Houses under Control of the Estate Department Act 2016 (UP Act of XXIII of 2016) [AHUCED ACT]. The Court decided thus as it found the 2016 Act to be prima facie contrary to the...
Merely Liking A Post On Social Media Doesn't Amount To Publishing Or Transmitting Obscene Material: Allahabad High Court
The Allahabad High Court has held that merely liking a post on Social Media will not amount to publishing or transmitting the said post and therefore, the act will not attract Section 67 of the Information Technology Act, 2000 which provides for punishment for publishing or transmitting obscene material in electronic form.The bench of Justice Arun Kumar Singh Deshwal further observed that...
Always Considered Judicial Work As God’s Work: Justice Surya Prakash Kesarwani Bids Farewell To Allahabad High Court
The Allahabad High Court today held a full court reference to bid farewell to Justice Surya Prakash Kesarwani upon his transfer to Calcutta High Court.“I have always considered judicial work as God’s work,” Justice Keserwani said in a speech delivered in Hindi and Sanskrit.Chief Justice Pritinker Diwaker praised Justice Kesarwani’s dedication towards judicial responsibilities and...
GST | ‘Cannot Go Beyond Your Pleadings’: Allahabad High Court Refuses To Quash Penalty Order Under Section 129
The Allahabad High Court, on Wednesday, refused to quash penalty order passed under Section 129 of the Goods and Service tax Act, 2017 on the ground that petitioner cannot be permitted to argue the case without there being any pleading in support of his arguments.The Court held that the petitioner had failed to make a specific averment in the pleadings before the writ Court regarding...
Prayagraj Water Crisis | 'Supply Restored, Any Future Issues Will Be Taken Care Of': UP Govt To High Court, PIL Disposed Of
The Allahabad High Court today disposed of a Public Interest Litigation (PIL) plea filed by 5 residents from the Tilak Nagar area of Prayagraj complaining about the non-supply of water affecting 10,000 people of their ward, after the UP Government (through Chief Standing Counsel) submitted before the Court that the water supply has been restored last evening.A bench of Chief Justice...
Arbitration Award Execution , Can File Anywhere, Bar Under Section 42 Not Applicable: Allahabad High Court Reiterates
The High Court of Allahabad has held that a petition for the execution of the arbitral award can be enforced anywhere in the country, where the assets of the award debtor are located. The bench of Justice Pankaj Bhatia held that Section 42 of the A&C Act which bars any petition in any Court other than the Court where the first petition in relation to arbitration agreement was...
NI Act Proceedings Should Be Concluded Expeditiously Without Going Into Unnecessary Technicality: Allahabad High Court
The Allahabad High Court has observed that all the proceedings under the Negotiable Instruments Act 1881 should be concluded expeditiously without going into unnecessary technicality. The bench of Justice Arun Kumar Singh Deshwal observed thus given the Supreme Court’s directions issued in the case of In Re: Expeditious Trial of Cases under Section 138 N.I. Act, 1881 2022...