Allahabad High Court
'Specify Steps Taken To Protect Monuments, Remove Encroachment From Heritage Sites In Lucknow': Allahabad HC To UP Govt
The Allahabad High Court has directed the Uttar Pradesh Government as well as the Lucknow Municipal Corporation to submit an affidavit specifying the steps taken to remove the encroachments/streamline the civic condition and protect the monuments in and around the city of Lucknow. The bench of Justice Attau Rahman Masoodi and Justice Om Prakash Shukla passed this order on a 2013...
Allahabad High Court Directs CBI To Conduct Preliminary Probe Into Recruitment For UP Assembly Secretariat Staff
Expressing doubts regarding fairness in the recruitment process of Uttar Pradesh Legislative Assembly and Council staff, the Allahabad High Court has directed the CBI to conduct a preliminary probe into the matter and submit a report by the first week of November. The bench of Justice Attau Rahman Masoodi and Justice Om Prakash Shukla ordered thus while hearing a special appeal as well...
Ayodhya Terror Attack 2005 | After 18 Years In Jail, Allahabad HC Grants Bail To 4 Accused, Lists Appeals Against Conviction On Dec 4
The Allahabad High Court on Tuesday granted bail to 4 alleged conspirators of the 2005 Ayodhya Ram Janmabhumi terror attack case who were found guilty in 2019 by a special court in Allahabad of conspiracy and providing logistic and material help to terror suspects. While passing the order for bail, the bench of Justice Ashwani Kumar Mishra and Justice Syed Aftab Husain Rizvi took...
[Hapur Incident] No Mention Of Injuries Sustained By Lawyers In SIT's Interim Report: Allahabad High Court Expresses Dissatisfaction
The Allahabad High Court on Monday expressed dissatisfaction with the preliminary report submitted by the State constituted Special Investigation Team in sealed cover, with respect to investigation into the Police lathicharge on lawyers in Hapur District.A bench of Chief Justice Pritinker Diwaker and Justice Mahesh Chandra Tripathi specifically noted that there was no mention of the...
Allahabad CAT Bar Association Moves High Court Against Notification Transferring Jurisdiction Of Uttarakhand From Allahabad To New Delhi
A petition has been filed by the Central Administrative Bar Association, Allahabad before the Allahabad High Court challenging the transfer of jurisdiction of Uttarakhand from CAT's Allahabad Bench to its Principal Bench at New Delhi.On 18th July, 2023, Ministry of Personnel (Public Grievances and Pensions) Department of Personnel and Training issued a notification transferring jurisdiction...
UP VAT | Burden To Prove Purchase From Registered Dealer On Assesee: Allahabad High Court
In a revision preferred by the Tax Department, the Allahabad High Court has held that the burden to prove that purchases were made from registered dealer lies on the Assesee claiming the same. The Department cannot be made to discharge a negative burden to prove that the sales were made from unregistered dealers. Perusing Section 16 (Burden of Proof) of the Uttar Pradesh Value Added Tax...
Senior Citizens Act | Delegation Of Power To Sub-Divisional Magistrate Valid, Application Cannot Be Dismissed As Not Maintainable: Allahabad HC
The Allahabad High Court has upheld the delegation of powers by the District Magistrate to the Sub-Divisional Magistrate under Section 22(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 read with Rule 22(2)(i) of the Uttar Pradesh Maintenance and Welfare of Parents and Senior Citizens Rules, 2014. A bench comprising of Justice Saumitra Dayal Singh and Justice...
Allahabad High Court Weekly Round-Up: September 11 To September 17, 2023
NOMINAL INDEX India Oil Corporation Ltd. And Another vs. The Commercial Court And Another 2023 LiveLaw (AB) 318 Smt. Vidya Rawat v. State of U.P. and Others 2023 LiveLaw (AB) 319 Sachin v. Sangeeta Devi 2023 LiveLaw (AB) 320 Anjuman Intazamia Masazid Varanasi vs. Ist A.D.J. Varanasi And Others 2023 LiveLaw (AB) 321 M/S Anupam Electricals And Electronics vs. State of...
Nithari Killings: Allahabad High Court Reserves Verdict On Appeals Of Accused Surendra Koli, Moninder Pander Against Death Penalty
The Allahabad High Court last week reserved its verdict on an appeal filed by accused Surinder Koli and Moninder Singh Pandher against their conviction and sentence of the death penalty in the 2005-2006 Noida serial murders (Nithari case). The bench of Justice Ashwani Kumar Mishra and Justice Syed Aftab Husain Rizvi reserved the judgment in the appeals and court...
'Not Natural For A Father To Stake Minor Daughter's Honour To Avenge A Dispute': Allahabad HC Upholds Conviction In A Rape Case
The Allahabad High Court recently upheld the conviction of a man accused of committing the offence of rape against an 8-year-old girl as it observed that it is not natural for any father to stake the honour of his minor daughter to avenge a previous dispute, that too by falsely alleging that she has been raped. The bench of Justice Ashwani Kumar Mishra and Justice...
Writ Petition For Restoration Of Dealership Maintainable, No Alternate Remedy Available: Allahabad High Court Distinguishes From Tata Cellular Case
The Allahabad High court has recently upheld the maintainability of a writ petition challenging cancellation of dealership, citing to lack of alternate remedies available to the aggrieved. A bench comprising of Justice Piyush Agrawal held that regarding termination of dealership, there is neither a remedy of civil suit nor any other efficacious alternate remedy available to the aggrieved...
Refusal To Condone Delay In ITR filing , Consideration After 20 Years, Allahabad High Court Quashes Order
The Allahabad High Court has quashed the order refusing to delay condonation in filing ITRs for lack of records after more than 20 years of filing the condonation applications.The bench of Justice Siddhartha Varma and Justice Manoj Bajaj has observed that when the delay condonation application was filed on March 30, 1998, the applications ought to have been decided within the time provided by...