Allahabad High Court
“Will Destroy The Sanctity”-Allahabad HC Imposes 20k Cost On Victim Seeking Recording Of Statement U/S 164 CrPC For The Third Time
The Allahabad High Court has held that a victim cannot make multiple requests for recording her statement a fresh under Section 164 CrPC. The Court held that though there is no bar on the Investigation Officer to move applications for recording statement under Section 164 CrPC a second or a third time, the victim cannot make such requests as it will destroy the sanctity of such...
High Court Cannot Exercise Writ Jurisdiction To Have Supreme Court Judgment Complied With: Allahabad HC
The Allahabad High Court has refused to exercise its writ jurisdiction in a petition seeking compliance of a Supreme Court order.The Court placed reliance on re: Ajaypal Singh and others vs State of U.P. and others, wherein a division bench of the Allahabad High Court held that “in case of non-compliance of the judgement of Hon'ble Supreme Court the power is vested in Supreme Court itself...
Nithari Killings: Allahabad HC To Deliver Verdict On Monday On Whether To Confirm Death Penalty Of Surendra Koli, Moninder Pander
The Allahabad High Court will deliver its verdict on Monday on whether to confirm the death penalty awarded to Surinder Koli and Moninder Singh Pandher by trial courts following their conviction in the cases concerning 2005-2006 Noida serial murders (Nithari case). The bench of Justice Ashwani Kumar Mishra and Justice Syed Aftab Husain Rizvi had reserved the judgment last month in a...
Padma Awardees In 'Misleading' Gutka Ads | ‘Notices Issued To Pan Masala Companies': UOI Informs Allahabad HC In Contempt Case
The Union of India has informed the Allahabad High Court that the Central Consumer Protection Authority (CCPA) has issued notices to the Pan Masala companies including Vimal Pan Masala, Kamla Pasand and Pan Bahar for surrogate advertising. The submission was made before a bench of Justice Rajesh Singh Chauhan in response to a contempt plea filed over non-compliance with the High...
'Issues Already Engaging HC's Attention': Allahabad High Court Junks PIL Seeking 'Removal' Of Mathura's Idgah Mosque
The Allahabad High Court on Thursday dismissed a Public Interest Litigation (PIL) plea seeking recognition of Mathura's Shahi Idgah Mosque site as Krishna Janam Bhoomi by observing that the issues involved in the PIL plea are already engaging the HC’s attention in appropriate proceedings (i.e. the pending suits). In its order, a bench of Chief Justice Pritinker Diwaker...
Return Not Filed Within Time Due To Unavoidable Circumstances: Allahabad High Court Directs Restoration Of GST Registration
The Allahabad High Court has directed restoration of GST registration of a firm as return could not be filed in time due to unavoidable circumstances. The Court noted that mother and sister of the petitioner died of prolonged illness, due to which petitioner suffered both mentally and financially, which were unavoidable circumstances.Petitioner was registered under Goods and Service Tax...
Allahabad High Court Sets Aside Non-Speaking Order Cancelling GST Registration, Says Reason Is 'Heart Beat' Of Every Conclusion
The Allahabad High Court has held that any order devoid of reasons will become lifeless as reasons are the heartbeat of every order.“Reason is the heart beat of every conclusion. In the absence of reasons the order becomes lifeless. Non recording of reasons renders the order to be violative of principles of natural justice. Reasons ensures transparency and fairness in decision making....
No Award Passed, Land Acquisition Lapsed: Allahabad High Court Directs State To Expunge NOIDA's Name From Revenue Record
The Allahabad High Court recently directed the authorities to expunge the name of NOIDA from revenue record pertaining to land of the petitioners and mutate their names in place of NOIDA.The bench comprising Justices Manoj Kumar Gupta and Donadi Ramesh held even if the notifications for acquisition of the petitioners’ land could be saved by a Supreme Court judgment (discussed...
GST Act | No Provision To Disclose Route Of Transportation Of Goods: Allahabad High Court Quashes Demand
The Allahabad High Court has held that unlike the Value Added Tax Act, 2008, there is no specific provision in the Goods and Service Tax Act, 2017 which requires assesses to declare route of transportation/ transit of goods. Therefore, goods cannot be detained for not being transported through the regular route.A bench comprising of Justice Piyush Agrawal held,“Under the GST Act, there is...
No Bidder Can Claim Fundamental Right To Carry On Business With Govt: Allahabad High Court Reiterates, Refuses To Interfere With Tender Conditions
The Allahabad High Court has held that tender proceedings carried out fairly by State and its instrumentalities cannot be interfered with by the Court easily as no bidder has a fundamental right to carry on business with the Government.Relying on various decisions of the Supreme Court, bench comprising of Justices Mahesh Chandra Tripathi and Prashant Kumar held,“While considering the...
Cricket World Cup 2023 | Allahabad HC Issues Notice To BCCI, UOI On PIL Against Ticket Price Disparities For Matches In Lucknow
Dealing with a Public Interest Litigation (PIL) plea highlighting concerns about price disparities in tickets for the ICC Cricket World Cup 2023 matches to be held at Bharat Ratna Shri Atal Bihari Vajpayee Ekana Cricket Stadium, Lucknow, the Allahabad High Court today issued notices to the Union of India, Board of Control for Cricket in India (BCCI), State Of Uttar Pradesh, online...
Income Tax Act | Alternate Remedy Available, Orders Are Appealable, Writ Jurisdiction Need Not Be Invoked, Allahabad High Court
The Allahabad High Court has refused to quash order and consequential notice under Sections 147 and 148 of the Income Tax Act, 1961 in writ proceedings under Article 226 of the Constitution of India. The Court held that all permissible grounds of defence remain open to assessee at the stage of proceedings under Section 148.The bench comprising Chief Justice Pritinker Diwaker and Justice...