Allahabad High Court
Though Mutawalli Of Wakf Board Is A 'Public Servant', He Isn't Entitled To Protection U/S 197 CrPC: Allahabad High Court
The Allahabad High Court has held that a mutawalli of the wakf board, despite being deemed to be a public servant, is not entitled to protection under Section 197 CrPC (Prosecution of Judges and Public Servants). The bench of Justice Arun Kumar Singh Deshwal said that for applicability of Section 197 CrPC even for the person who is deemed to be a servant under any statute other than IPC, he...
GST Act | Communication Of Order To Assessee’s Advocate Deemed Service To Assessee: Allahabad High Court
The Allahabad High Court has recently held that service of an order upon the advocate of an assessee will be deemed service for the purposes of the GST Act as the advocate is an authorized representative of the assessee. Perusing Section 107 (Appeals to Appellate Authority) and Section 169 (Service of Notice in Certain Circumstances) of the UPGST Act, Justice Piyush Agrawal held,“From...
Allahabad High Court Dismisses As Withdrawn PIL For Offering Sugarcane Juice To Kashi Vishwanath Jyotir Lingam In Varanasi
The Allahabad High Court today allowed the withdrawal of a Public Interest Litigation (PIL) plea seeking a direction to the State government and its authorities to not interfere with Hindu devotees from offering sugarcane juice to Kashi Vishwanath Jyotir Lingam in Varanasi.During the course of the hearing, a bench of Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava also said...
How Can You Stop Someone From Praying? Allahabad High Court To State In PIL Alleging Illegal Sealing Of Church
A public interest litigation (PIL) has been filed in Allahabad High Court against the reported sealing of a church located in District Kaushambi. While hearing the matter, the bench comprising Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava asked the State how it could prevent someone from practicing their right to pray.“How can you stop someone from offering prayers?”...
Writ Petition Under Article 226 Maintainable Against Orders Of NGT: Allahabad High Court Reiterates
The Allahabad High Court has recently reiterated that a writ petition under Article 226 of the Constitution is maintainable against the orders passed by National Green Tribunals.The bench comprising Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava observed that the principle laid down by the Supreme Court in Madhya Pradesh High Court Advocates Bar Association as to the power...
Allahabad High Court Acquits Man Awarded Death Penalty For Allegedly Killing 2 Relatives By Setting Them Ablaze
The Allahabad High Court recently set aside the sentence of the death penalty imposed on a man accused of killing his mother-in-law and brother-in-law by setting them ablaze as the Court noted that his guilt had not been established beyond reasonable doubt. “We find in the facts of the case that the court below has not subjected the testimony of witnesses to careful scrutiny...
'Unfortunate, Chinks In Majesty Of Law Are Wide Open': Allahabad HC Acquits Man U/S 306 IPC Who Underwent Entire 8-Yr Sentence
The Allahabad High Court on Wednesday acquitted a man who was convicted by the trial court under section 306 IPC and sentenced to undergo imprisonment of 8 years over allegations of instigating/abetting the suicide of his wife.Having analysed the evidence on record, the Court said that some more overt act, though maybe an indirect one, was required on the part of the accused to bring his acts...
UP GST Act | Personal Hearing Mandatory Before Passing Adverse Orders: Allahabad High Court
The Allahabad High Court has held that it is mandatory for the Assessing Authority to provide an opportunity of personal hearing to the Assesee before any adverse order is passed against him. The bench comprising of Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava held that “not only such opportunity would ensure observance of rules of natural of justice but it would allow...
'Personal Interest Litigation': Allahabad HC Imposes 50K Cost On Mahant Seeking Removal Of Encroachment From Temple Land In PIL Jurisdiction
The Allahabad High Court, on Tuesday, imposed a cost of Rs. 50,000 on the Mahant of Shri Thakur Ji Saket Bihari Mandir situated in Padrauna, Kushinagar, seeking directions for removal of unauthorized occupation over the temple land.The bench comprising Chief Justice Pritinker Diwaker and Justice Ashutosh Srivastava observed that the petitioner had invoked its PIL jurisdiction whereas the...
Second Marriage Not Sufficiently Proved: Allahabad High Court Sets Aside Govt Servant's Dismissal From Service On Bigamy Allegations
The Allahabad High Court recently set aside the dismissal of a government employee for allegedly entering into a second marriage during the subsistence of his first marriage, finding merit in the petitioner's argument that the punishment was unjust since the alleged second marriage was not sufficiently proven.Justice Kshitij Shailendra further held that even if the second marriage was...
UP 'Goondas Act' Being 'Rampantly Misused': Allahabad HC Directs UP Govt To Frame Uniform Guidelines For Its Invocation By Oct 31
Observing that the provisions of Uttar Pradesh Control of Goondas Act, 1970 are being rampantly missed, the Allahabad High Court has directed the State Government to form uniform guidelines by October 31 regarding the applicability of this Act The bench of Justice Rahul Chaturvedi and Justice Mohd. Azhar Husain Idrisi ordered thus as it observed that in the state of UP, there is no uniformity...
Compassionate Appointment Is Always On Regular Pay-Scale, Not Consolidated Pay: Allahabad High Court
The Allahabad High Court has recently held that compassionate appointment is in the nature of permanent employment and has to be granted on the regular pay scale. Being an exception to the rule of equality under Article 14 of the Constitution of India, it cannot be temporary in nature.Petitioner was initially appointed as a Class IV employee on a consolidated pay of Rs.2550/- per month in 2004...