Allahabad High Court Weekly Round Up: August 1 To August 7, 2022

Kusum Lata Yadav v. State Of U.P. And 4 Others 2022 LiveLaw (AB) 349

M/s Bindal Smelting Pvt. Ltd. versus Commissioner of Trade Tax, Lucknow 2022 LiveLaw (AB) 350

The Commissioner Commercial Tax U.P. Lucknow Versus S/S G.S.C. Toughened Glass 2022 LiveLaw (AB) 351

Rashmi Srivastava v. State Of U.P. Thru. Prin. Secy. Secondary Education Lko.Asssss 2022 LiveLaw (AB) 352

Poonam Kushwaha v. State Of U.P. And 3 Others 2022 LiveLaw (AB) 353

Susheel Kumar v. State Of U.P. Thru. Prin. Secy. Home Lucknow 2022 LiveLaw (AB) 354

Sidhique Kappan v. State Of U.P.Thru.Prin.Secy.Home Lko. 2022 LiveLaw (AB) 355

Ravi Sarthi And 2 Others v. State Of U.P. Thru. Prin. Secy. Higher Education,Lko. And 4 Others 2022 LiveLaw (AB) 356

Lakhan @ Babblu v. State of U.P. 2022 LiveLaw (AB) 357

Kuldeep Sharma @ Kuldeep Hindu v. State of U.P. 2022 LiveLaw (AB) 358

Anurag Sharma v. State of U.P 2022 LiveLaw (AB) 359

Mohan Singh v. State of U.P. and Another 2022 LiveLaw (AB) 360

M/S Bcits Pvt. Ltd. v. Purvanchal Vidhyut Vitran Nigam Ltd. And Another 2022 LiveLaw (AB) 361

ORDERS/JUDGMENTS OF THE WEEK

"Death Date Immaterial Under UP Govt's Ex-Gratia Payment Policy If COVID Was Detected Within 30Days Of Local Polls Duty": Allahabad HC

Case citation: Kusum Lata Yadav v. State Of U.P. And 4 Others [WRIT - C No. - 28249 of 2021]

Case citation: 2022 LiveLaw (AB) 349

Stressing that the protection of the life of the individuals engaged in election duty during COVID-19 is an absolute duty of the State, the Allahabad High Court has ordered the State Government to release the ex-gratia payment to the dependents of such individuals who died due to COVID in and around their election duty during COVID-19 second wave (April-May 2021).

The bench of Justice Attau Rahman Masoodi and Justice Vikram D. Chauhan also held that if a person, who was admitted to the hospital as a COVID patient, died due to heart failure or any other reason, even then, such death will be considered a COVID Death and the government shall be liable to provide an ex-gratia amount to the relatives of the deceased.

Land Transferred After Cut-Off Date, Applicant Not Entitled To Trade Tax Exemption Under U.P. Trade Tax Act: Allahabad High Court

Case Title: M/s Bindal Smelting Pvt. Ltd. versus Commissioner of Trade Tax, Lucknow

Case citation: 2022 LiveLaw (AB) 350

The Allahabad High Court has ruled that the conditions enumerated in Exemption Notification No. KA-NI-2-3867, dated 22.12.2001, for availing exemption from Trade Tax under Section 4-A of the U.P. Trade Tax Act, 1948, are mandatory in nature and have to be strictly complied with.

The Single Bench of Justice Alok Mathur held that since the land was not transferred to the applicant before the cut-off date as prescribed under the said Exemption Notification, the applicant could not be considered as a "new unit" and hence, it was not eligible for trade tax exemption under Section 4-A.

10% VAT Payable On Insulated Glass: Allahabad High Court

Case Title: The Commissioner Commercial Tax U.P. Lucknow Versus S/S G.S.C. Toughened Glass

Case Citation: 2022 LiveLaw (AB) 351

The Allahabad High Court has held that 10% Value Added Tax (VAT) is payable on insulated glass.

The single judge bench of Justice Saumitra Dayal Singh has observed that insulated glass is nothing but double glazed dual sheet (DGDS).

The department has filed the revision against the order passed by the Trade Tax Tribunal. In that order, the Tribunal has allowed the assessee's appeal and held that insulated glass manufactured and sold by the assessee falls within the general description of 'plain glass-panes'. Therefore, it is excluded from Notification No. 1273 dated April 25, 2001 as amended from time to time. Accordingly, insulated glass has been held taxable as an unclassified commodity at the rate of 10%.

Right To Change Name Is A Facet Of Fundamental Right Under Article 19(1) (a) Of Constitution Of India: Allahabad High Court

Case title - Rashmi Srivastava v. State Of U.P. Thru. Prin. Secy. Secondary Education Lko.Andors

Case Citation: 2022 LiveLaw (AB) 352

The Allahabad High Court has observed that the right to change the name is a facet of a fundamental right as guaranteed under Article 19(1) (a) of the Constitution of India and that such a right cannot be denied.

Essentially, the bench of Justice Pankaj Bhatia observed this while hearing the plea of a lady (named Rajni Shrivastava) who wanted to change her name to 'Rashmi Srivastava', however, her application regarding this was rejected by the UP Secondary Education board.

Habeas Corpus Pleas Should Not Be Used To Exert Pressure Upon Police To Speed Up Their Investigation: Allahabad High Court

Case title - Poonam Kushwaha v. State Of U.P. And 3 Others [HABEAS CORPUS WRIT PETITION No. - 402 of 2022]

Case Citation: 2022 LiveLaw (AB) 353

The Allahabad High Court came down hard on the practice of filing Habeas Corpus Petitions to exert pressure upon the police to speed up their investigation. The bench of Justice Rahul Chaturvedi observed thus:

"The Habeas Corpus Petitions should not to be used as whip over the police to officials, just to serve out the petition's vanity over the police."

The Court also noted that in cases where the FIR with regard to the alleged act of kidnapping, abduction, illegal confinement, or for ransom is filed and police personnel are pursuing the matter at their end, the lodging of a parallel Habeas Corpus Petition in such cases could be called as motivated and purposive one.

Allahabad High Court Grants Bail To Man Accused Of Throwing Objectionable Meat At Ayodhya's Edgah

Case title - Susheel Kumar v. State Of U.P. Thru. Prin. Secy. Home Lucknow [CRIMINAL MISC. BAIL APPLICATION No. - 8422 of 2022]

Case Citation: 2022 LiveLaw (AB) 354

The Allahabad High Court has granted bail to one Susheel Kumar who has been accused of throwing objectionable meat at Edgah in Ayodhya along with some objectionable papers.

The bench of Justice Krishan Pahal granted him bail keeping in view the nature of the offence, evidence on record regarding the complicity of the accused, and the larger mandate of Article 21 of the Constitution of India.

Kumar had moved the Court seeking bail in a criminal case registered under Sections 295, 295-A, 120-B, and 34 IPC. As per the prosecution story, some unknown persons had thrown objectionable meat at Edgah along with some objectionable papers on 27.04.2022.

"He Had No Work In Hathras, Use Of Tainted Money Can't Be Ruled Out": Allahabad High Court While Denying Bail To Sidhique Kappan

Case title - Sidhique Kappan v. State Of U.P.Thru.Prin.Secy.Home Lko.

Citation: 2022 LiveLaw (AB) 355

The Allahabad High Court denied bail to Kerala journalist Siddique Kappan in connection with the 'Hathras Conspiracy Case' as it noted that there are reasonable grounds to believe that the accusations against Kappan are prima facie true.

At the outset, the Court noted that during the investigation, it had come on record that Kappan had no work at Hathras when he was arrested.

"The State machinery was at tenterhooks owing to the tension prevailing due to various types of information being viral across all forums of media including the internet. The said sojourn of the applicant with co-accused persons who do not belong to media fraternity is a crucial circumstance going against him," the Court further said.

Allahabad High Court Orders Declaration Of 3 LLM Students' Results Withheld By BBD University Over Non Payment Of Fee

Case title - Ravi Sarthi And 2 Others v. State Of U.P. Thru. Prin. Secy. Higher Education,Lko. And 4 Others [WRIT - C No. - 5028 of 2022]

Case Citation: 2022 LiveLaw (AB) 356

The Allahabad High Court has directed the Babu Banarasi Das University in Lucknow to declare the results of 3 LLM students that were withheld by the University administration over non-payment of fee.

The Bench of Justice Pankaj Bhatia was essentially hearing the plea filed by Ravi Sarthi and 2 others who are pursuing their Masters of Law Degree with specialization in Criminal and Security Law offered by the BBD University.

Acquittal Appeals | Appellate Court Shouldn't Give Fresh Reasonings If Reasoning Of Court Below Is Just: Allahabad High Court

Case title - Lakhan @ Babblu v. State of U.P. [CRIMINAL APPEAL No. - 5765 of 2011] along with connected government appeal

Case Citation: 2022 LiveLaw (AB) 357

The Allahabad High Court has observed that in acquittal appeals, the appellate Court is not required to rewrite the judgment or to give fresh reasonings when the reasons assigned by the Court below are found to be just and proper.

The bench of Justice Dr. Kaushal Jayendra Thaker and Justice Ajai Tyagi further observed that while exercising appellate powers, even if two reasonable views/conclusions are possible on the basis of the evidence on record, the appellate Court should not disturb the finding of acquittal recorded by the trial Court.

Allahabad HC Grants Bail To Self-Styled 'Int'l Hindu Leader' Who Allegedly Misused CM Yogi's Popularity To Cheat Public At Large

Case title - Kuldeep Sharma @ Kuldeep Hindu v. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 2133 of 2021]

Case Citation: 2022 LiveLaw (AB) 358

The Allahabad High Court granted bail to a self-styled international Hindu Leader and Yogi Sena Pramukh, Kuldeep Sharma @ Kuldeep Hindu who has been accused of taking money from the public at large by way of cheating.

The Bench of Justice Krishan Pahal granted him bail considering the overall facts and circumstances of the case, and the period of incarceration while keeping in view the nature of the offence, evidence on record regarding, his complicity, and the larger mandate of Article 21 of the Constitution of India. He was in jail since December 2020.

Weapon's Recovery From Hiding Place Which Is In Exclusive Knowledge Of Accused Makes Such Recovery Absolutely Reliable: Allahabad HC

Case title - Anurag Sharma v. State of U.P [CRIMINAL APPEAL No. - 3603 of 2018]

Case citation: 2022 LiveLaw (AB) 359

The Allahabad High Court has observed that if the place of hiding the weapon is exclusively within the knowledge of the accused and that place cannot be or is not in the knowledge of any other person and the weapon is recovered from the same place, such type of recovery is absolutely reliable.

The bench of Justice Dr. Kaushal Jayendra Thaker and Justice Ajai Tyagi observed this while upholding the conviction of a murder accused (Anurag Sharma) who killed his own father and was sentenced to life imprisonment by Additional Sessions Judge, Meerut in 2018.

Allahabad High Court Orders DNA Test In A Murder Trial To 'Unearth Truthfulness' Of Prosecution's Case

Case title - Mohan Singh v. State of U.P. and Another [APPLICATION U/S 482 No. - 1621 of 2022]

Case Citation: 2022 LiveLaw (AB) 360

In a significant order, the Allahabad High Court has allowed conduct of DNA Test in a murder trial as it noted that the same was in the interets of justice to unearth the truthfulness of the prosecution's case.

However, the bench of Justice Gautam Chowdhary did stress that the DNA test should not to be directed as a matter of routine and in only deserving cases where a strong prima facie case is made out.

The Court noted that the contention of the murder accused that he is innocent would be proved if the DNA samples are not matched and it would come on the record that he was being falsely roped in the case.

Allahabad HC Sets Aside Show Cause Notice Issued After Pre-Meditation As Respondent Had Already Expressed Its Mind

Case title - M/S Bcits Pvt. Ltd. v. Purvanchal Vidhyut Vitran Nigam Ltd. And Another [WRIT - C No. - 15363 of 2022]

Case Citation: 2022 LiveLaw (AB) 361

The Allahabad High Court set aside a show cause notice sent after pre-mediation as the Court noted that the respondent (a government authority) had already made up their mind and had expressed their decision in the notice while issuing the same to the petitioner (M/S Bcits Pvt. Ltd.).

"...even if the petitioner offers its explanation, it would be an empty formality and a futile exercise. Fairness demanded that the respondent should have taken care to keep their mind open to the issues while seeking an explanation," remarked the bench of Justice Manoj Kumar Gupta and Justice Dinesh Pathak.

Other updates from the High Court

Babri Demolition Case: Allahabad HC Grants 2 Weeks' Time To CBI, State Govt To File Objection On Appeal Against Acquittal Order

Case title - Haji Mahboob Ahmad And Anr. v. State Of U.P. Thru. Home Secy. Lucknow And Ors

The Allahabad High Court granted 2 weeks' time to the CBI and the State Government to file their objections on a criminal appeal filed against the order of the Special CBI Court at Lucknow that acquitted all 32 persons accused of hatching the criminal conspiracy behind the demolition of the Babri Masjid mosque on December 6, 1992.

The plea, originally filed in 2021 as a criminal revision plea was directed to be treated as a criminal appeal on July 18, 2022, by the bench of Justice Dinesh Kumar Singh.

Prayagraj Protests: Allahabad High Court Stays Coercive Action Against AIKMS General Secretary Dr. Ashish Mittal

Case title - Dr. Ashish Mittal v. State of U.P [APPLICATION U/S 482 No. - 18987 of 2022]

The Allahabad High Court has stayed coercive action against Dr. Ashish Mittal, who is presently the General Secretary of All India Kisan Mazdoor Sabha (AIKMS) and has been booked in a criminal case in connection with the Prayagraj Protests that took place in June 2022 over BJP leaders' remarks on Prophet Mohammed.

Essentially, an NBW was issued to Dr. Mittal in June 2022 by the Court of Additional Chief Judicial Magistrate, Allahabad in a Case registered under IPC, Explosive Substance Act, Juvenile Justice (Care and Protection of Children) Act, and Prevention of Damage to Public Property Act.

Krishna Janambhumi Dispute: Allahabad HC Stays Suit Pending In Mathura Court Seeking Removal Of Shahi Idgah Masjid

The Allahabad High Court has stayed proceedings pending before the Mathura court in a suit filed by the Shri Krishna Janmabhoomi Trust and other private parties seeking to remove the Shahi Idgah Masjid, allegedly built on the land of Shrikrishna Janam Bhoomi in Mathura.

The order was passed by the bench of Justice Salil Kumar Rai while hearing a petition filed challenging the judgment and order dated May 19, 2022, passed by the District Judge, Mathura wherein the Court had held that the suit to remove the Shahi Idgah Masjid, allegedly built on the land of Shrikrishna Janam Bhoomi is maintainable.

Allahabad HC Seeks UP Govt Response On PIL Praying that National Flag Be Flown Everyday On Gram Panchayat Buildings

Case title - Chandra Bhushan Pandey v. State Of U.P. Thru. Prin. Secy. Govt. Of U.P. Deptt. Of Panchayati Raj Lko. And 8 Others

The Allahabad High Court has sought the response of the State Government on a Public Interest Litigation (PIL) plea praying that the National Flag be hoisted/flown on Gram Panchyat buildings every day (365 days)

The bench of Justice Devendra Kumar Upadhyaya and Justice Rajnish Kumar issued this order on a PIL plea moved by the petitioner in person Chandra Bhushan Pandey who submitted that since Panchayat Bhawan in every Gram Panchayat falls within the meaning of "Important Public Buildings, therefore, they shall be allowed to hoist national flag on all 365 days of the year.

"Even Convicts Have Right To Pursue Studies, Take Exams From Jail": Allahabad HC Bats For Allowing A Rusticated Law Student To Complete Studies

Case title - Adil Khan v. Vice Chancellor Aligarh Muslim University Aligarh And 4 Others [WRIT - C No. - 3297 of 2020]

"(Under the) Indian Legal System, a convicted person also has right to pursue his study and appear in examination from the Jail to enter into the mainstream of social life," remarked the Allahabad High Court recently while dealing with a plea filed by a rusticated Law student who was not allowed to complete his B.A., LL.B course by the University Administration.

Essentially, the bench of Justice Neeraj Tiwari was dealing with a plea filed by a student of Aligarh Muslim University (AMU), Adil Khan, who appeared in the 7th Semester Examination, but the result of the said Semester was not declared and, in the meantime, he was rusticated by the University (September 2019) for a period of five years on charge of indiscipline.

Specify Steps Taken To Reconstruct Case Records Gutted In Fire That Broke Out At AG's Office: Allahabad HC Seeks UP Govt Reply

Case title - Devki Alias Sonu Alias Devki Saran Sharma v. State Of U.P Through Secretary (Home) [CRIMINAL MISC. BAIL APPLICATION No. - 33332 of 2022]

The Allahabad High Court has asked the Uttar Pradesh Government to specify steps that have been taken by it for the reconstruction of case records that were gutted in the fire that broke out on sixth, seventh, eighth and ninth floors of the State Advocate General Office on July 17.

The Court also stressed that an accused/bail applicant cannot remain in jail on the ground that his bail application is not being heard as the State is unable to assist the Court for want of record.

Why Advocate Band, Gavel & Justice Emblem Being Used On Folio To Obtain Certified Copy Of Orders?: Allahabad HC Asks UP Bar Council

Case title - Shabnam Zaheer v. Union Of India And Another [Appeal Under Section 37 Of Arbitration and Conciliation Act, 1996 DEFECTIVE No. - 44 of 2022]

The Allahabad High Court has issued a notice to the Secretary, Uttar Pradesh Bar Council, Prayagraj to show cause as to how Advocate Band, Gavel, and Emblem of justice are being used by Advocates on the folio (application) to obtain a certified copy of orders.

The bench of Justice Surya Prakash Kesarwani and Justice Jayant Banerji took exception to this practice while hearing an appeal filed under Section 37 of the Arbitration and Conciliation Act, 1996 preferred by one Shabnam Zaheer (Appellant).