Allahabad High Court
Statute/Rules Allowing Employer To Deny Appointment Only Due To Non-Disclosure Of Criminal Cases Would Be Unjust: Allahabad HC
The Allahabad High Court has observed that any statute/rules/instructions that empower an employer to deny appointment to a candidate only because of non-disclosure of criminal cases would be unjust and unreasonable. A bench of Justice Salil Rai also opined that any decision by the employer denying appointment only because of such non-disclosure would also be contrary to the...
Order 47 Rule 1 CPC | Review Permissible When Error Is Apparent On Record Sans Requirement Of Reappraisal Of Entire Evidence: Allahabad HC
The Allahabad High Court recently observed that a review is permissible only when an error is apparent on the face of the record without requiring a long-drawn process of reasoning and reappraisal of the entire evidence to find the error, as doing so would amount to exercising appellate jurisdiction. Explaining the scope of Order 47 Rule 1 CPC, a bench of Justice Mahesh Chandra...
Prosecution's Case 'Must Be Proved Beyond Reasonable Doubts' & Not Merely 'May Be Proved': Allahabad HC Upholds Acquittal Of 6 In 'Riots' Case
While upholding the acquittal of 6 men accused of rioting and assaulting police personnel in Jhansi's Babina district in 2008, the Allahabad High Court recently observed that it is a well-established principle that the prosecution's case 'must be proved beyond reasonable doubts' and not merely 'may be proved'. A bench of Justice Rajiv Gupta and Justice Surendra Singh-I also observed...
Owner Of Electric Vehicle Purchased Prior To October 14, 2022 Can't Seek Refund Of Tax Citing Subsequent Exemption Notification: Allahabad HC
The Allahabad High Court has held that the owner of an electric vehicle which was purchased prior to October 14, 2022 cannot seek refund of tax citing a subsequent notification exempting the payment of One Time Tax. Petitioner had sought refund of One Time Tax paid in respect of his Hybrid Vehicle purchased on October 13, 2022. The relief was sought on the strength of...
GST | Assessee Entitled To Fresh Notice If Initial Notice U/S 73 Was Missed Due To Being Uploaded Under 'Additional Notices' Tab: Allahabad HC
The Allahabad High Court has held that an assessee is entitled to fresh notices demanding unpaid tax or short tax under Section 73 of the Goods and Service Tax Act, 2017, if the initial notices were not duly communicated to the assessee. A division bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar relied on Ola Fleet Technologies Pvt. Ltd. v. State of UP (2024)...
Allahabad High Court Acquits Convict In 1981 Murder Case By According Benefit Of Doubt
The Allahabad High Court last week acquitted one Ram Krishna, who was convicted for the offence of murder (incident dates back to August 1981) by a Sessions Court in March 1983 and sentenced to life imprisonment by giving him the benefit of the doubt. A bench of Justice Siddhartha Varma and Justice Vinod Diwakar found that PW1's testimony, based on which the accused was convicted by the...
UP Revenue Code | Suit Filed U/S 144 Based On Oral Sale Deed Must Disclose Findings Of Proceedings U/S 38 (1), If Any: Allahabad HC
The Allahabad High Court has observed that a suit filed under Section 144 of the UP-Revenue Code 2006 on the basis of an oral sale deed and alleged possession must include findings of the proceedings under Section 38 (1) of the code regarding the sale deed. For context, Section 144 of the 2006 Code deals with Declaratory suits by tenure holders and Section 38 (1) deals with...
Vacant Abadi Land Can't Be Used For Panchayat Bhawan Construction At The Cost Of Public Utility Buildings: Allahabad HC
The Allahabad High Court has observed that the vacant land of Abadi may be used for the construction of Panchayat Bhawan, but it cannot be at the cost of any other building for public utility. A bench of Justice Saurabh Shyam Shamshery observed thus while dealing with a suo moto matter concerning the restoration of a community health centre in Village Panchayat Alauddinpur, Block...
Denial Of Sex Must Sustain Over A 'Long Period' To Seek Dissolution Of Marriage On This Ground: Allahabad High Court
The Allahabad High Court has ruled that to seek dissolution of marriage on the ground of denial of sexual intercourse, it must be demonstrated that this denial has been a consistent and ongoing issue over a prolonged period of time. A bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh also added that the issue of what type of physical intimacy the parties may be able...
Bahraich Violence | 'Any 'Illegal' Construction Is Liable To Be Demolished': UP Govt To High Court, Justifies Issuance Of Notices To 'Encroachers'
The Uttar Pradesh Government has filed an affidavit before the Allahabad High Court justifying the issuance of notices to some building/house owners (23 people) who were allegedly involved in the October 13 Bahraich violence incident. The state authorities have found these individuals to be "encroaching" on kilometer 38 of the Kundasar-Mahsi-Nanpara (Major District...
Bahraich Violence-Demolition Notices | State Must Abide By Law, Ensure Actions Aren't Taken Selectively: Allahabad HC Tells UP Govt Orally
The Allahabad High Court today orally asked the Uttar Pradesh Government to ensure that nothing is done selectively pursuant to the demolition notices it issued against some building/house owners (23 people) who were allegedly involved in the October 13 Bahraich violence incident. “I know the state has a lot of responsibilities to maintain peace and tranquillity, but please ensure...
Allahabad HC Refuses To Quash 'Riots' FIR Lodged By Sitting MLA Against Bahraich Violence Victim's Relative, BJYM City Chief
The Allahabad High Court recently refused to quash an FIR, lodged on the complaint of Mahasi MLA Sureshwar Singh against a relative of the Bahraich violence victim Ram Gopal Mishra, the BJYM City Chief, and others. For the uninitiated, on October 13, the final day of Durga Puja celebrations, communal violence broke out in the Maharajganj/Mehsi area of District Bahraich after some...