Allahabad High Court
Gyanvapi-Kashi Title Dispute: Mosque Committee Objects To Transfer Of Cases To Allahabad HC's CJ-Bench After Verdict Reserved By A Different Bench
The Anjuman Intezamia Masjid committee (which manages Gyanvapi Mosque in Varanasi) today objected to the transfer of Gyanvapi Mosque-Kashi Vishwanath Temple title dispute cases to the bench of Chief Justice, almost a month after the verdict in the cases was reserved by a different bench of the High Court.When the matter was taken up by Chief Justice Pritinker Diwaker, Senior Counsel SFA...
Allahabad High Court Weekly Round-Up: August 21 to August 27, 2023
NOMINAL INDEX Sunita Sharma and Another vs. State of U.P. and 3 Others 2023 LiveLaw (AB) 271 Paltoo Ram Yadav vs. State Of U.P. And 6 Others 2023 LiveLaw (AB) 272 M. Devaraj vs. Rakesh Kumar Sharma And 5 Others 2023 LiveLaw (AB) 273 Vishwajeet vs. State Of U.P. Thru. Secy. Deptt. Of Home Lko 2023 LiveLaw (AB) 274 Krishna Kumar vs. State Of U.P.Thru Prin. Secy.Home...
Tribunal Tried To Blow Hot And Cold At The Same Time: Allahabad High Court Upholds Levy Of Entry Tax
The Allahabad High Court recently set aside an order of the Commercial Tax Tribunal, Ghaziabad on the ground that it had made contradictory observations in its order regarding purchases made by the assesee. “The Tribunal, by the impugned order, has tried to blow hot & cold at the same time. It may further be observed that the Tribunal, while recording the finding under the Entry Tax...
Applications Reaching Recruiter After Deadline Can't Be Considered Even If Delay Caused By Post Office: Allahabad High Court
The Allahabad High Court has held that though the post office acts as an agent of the recruiter, application forms must reach the concerned authority on or before the last date of submission.Justice Vikas Budhwar added that a recruiter cannot be made to wait indefinitely on the pretext that the form was sent to the post office on time.“Respectfully following the judgments in the case of...
Withholding Retiral Benefits Of Employees A Sin, Public Functionaries Obliged To Be People-Oriented: Allahabad High Court
In a recent case seeking post-retiral benefits, the Allahabad High Court has held that withholding retiral dues is not only arbitrary but also a sin in the absence of provisions penalising such actions of employers, especially the State instrumentalities.Justice Kshitij Shailendra observed that such withholding was morally and socially obnoxious. “Withholding of retiral benefits of...
'Such Dead Claim Ought Not To Be Revived': Allahabad High Court Dismisses Application For Appointment Of Arbitrator Filed After 20 Yrs
The Allahabad High Court recently dismissed an application for the appointment of an arbitrator filed under Section 11(4) of the Arbitration and Conciliation Act, 2016 holding that such application being filed after 20 years of occurrence of dispute is bared by delay and laches. Noting that an arbitration clause existed in the agreement between the parties, Justice Ashwani Kumar Mishra held...
Allahabad High Court Launches Online Portal To Access Hindi Translations Of Recent SC, HC Judgments
The Allahabad High Court has launched an online portal for the general public to gain access to Hindi translations of the Court's judgments. The portal was officially launched on Friday under the chairmanship of Chief Justice Pritinkar Diwakar. The portal can be reached here: https://elegalix.allahabadhighcourt.in/elegalix/translation/vernacular.htmlIn March this year, the High Court...
Vires Of Rule 96(10) CGST Rules Challenged Before Allahabad High Court
A petition has been filed before the Allahabad High Court challenging the validity of Rule 96(10) of the Central Goods and Service Tax Rules, 2017 which has been inserted vide notification No. 54/ 2018-CT dated 09.10.2018. It has been stated in the plea that the said Rule is ultra vires Section 16 (Zero Rated Supply) of the IGST Act read with Section 54 (Refund of Tax) of the CGST Act and...
BREAKING | Gyanvapi-Kashi Title Dispute: Days After Reserving Verdict, A Different Bench Of Allahabad HC To Hear Matter On August 28
In a significant development, a different bench of Allahabad High Court will hear the Kashi Vishwanath-Gyanvapi Mosque land title dispute cases. This comes exactly a month after a different bench (comprising Justice Prakash Padia), which had been hearing the matter since August 2021, concluded the hearing and reserved the orders in the matter on July 25.As per the HC's Casuelist of August 28,...
Explain Non-Compliance Of Court's Order In PIL Over 'Misleading' Ads By Padma Awardees: Allahabad HC To Cabinet Secy Rajiv Gauba
The Allahabad High Court on Thursday issued a notice to Cabinet Secretary Rajiv Gauba seeking his response to a contempt plea moved for non-compliance with the High Court's September 2022 order in a PIL Plea directing the central government authorities to attend to the grievance raised by the petitioner concerning the participation of certain Padma awardees in 'misleading' advertisements that...
'Relationship Between Logic & Experience Important While Invoking Precedents': Allahabad High Court Rejects Anticipatory Bail
The Allahabad High Court on Thursday held that while invoking judicial precedents to decide a case with similar facts and circumstances, it was important to understand the relationship between logic and experience and reiterated that they cannot be applied mechanically. Holding so, Justice Krishan Pahal rejected the anticipatory bail moved by the mother of the deceased who died in her house...
Police's Inability To Timely Serve Summons, Execute Coercive Processes Violates Right To Speedy Trial Of Accused: Allahabad High Court
In a significant observation, the Allahabad High Court has said that the failure of the state police to serve the summons and execute coercive processes issued by the court is affecting the fundamental rights of the accused and their right to obtain bail in a timely manner."Rights of the accused to a speedy trial under Article 21 of the Constitution of India are being violated and...