Allahabad High Court Weekly Round-Up: February 27 To March 5, 2023

Rajeev Bansal Versus Union Of India 2023 LiveLaw (AB) 78

Umakant Yadav vs. State of U.P. 2023 LiveLaw (AB) 79

Maneesh Pathak vs. State of U.P. 2023 LiveLaw (AB) 80

Vinod Bihari Lal vs. State of U.P. and Another and connected matter 2023 LiveLaw (AB) 81

Ali @ Ali Ahmad @ Mohd Ali Ahmad vs. State of U.P. 2023 LiveLaw (AB) 82

Mohd. Abdul Khaliq Vs. State Of U.P. And Another 2023 LiveLaw (AB) 83

The Indian Express Pvt. Ltd vs Union Of India And 15 Others 2023 LiveLaw (AB) 84

ORDERS/JUDGMENTS OF THE WEEK

Reassessment Proceedings For AY 2013-14, 2014-15 Initiated After 1 April 2021 Have To Be Closed Irrespective Of Income Escaping Assessment: Allahabad High Court

Case Title: Rajeev Bansal Versus Union Of India

Case Citation:

The Allahabad High Court ruled that the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (TOLA) cannot be used to conduct the reassessment proceedings beyond March 30, 2021. The time limit outlined in Section 149(1)(b) (as amended beginning April 1, 2021) cannot be extended by the department after March 30, 2020.

The division bench of Justice Sunita Agarwal and Justice Vipin Chandra Dixit has observed that the relaxation law under TOLA would not govern the time frame prescribed under the first proviso to Section 149 as inserted by the Finance Act, 2021.

Criminal Trespass Case| 'He Is A Bahubali, Gangster & Dreaded Criminal': Allahabad HC Denies Bail To Ex-MP Umakant Yadav

Case title - Umakant Yadav vs. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 22865 of 2020]

Case Citation: 2023 LiveLaw (AB) 79

The Allahabad High Court denied bail to former MP Umakant Yadav in connection with a 2019 case involving the alleged grabbing and damaging of the Gandhi Ashram in the Azamgarh district.

Taking note of his long criminal antecedents of 80 cases, the bench of Justice Dinesh Kumar Singh noted that he is a Bahubali, gangster and a dreaded criminal of Eastern Uttar Pradesh and is known for having bahubali, mafia, and gangster culture.

Impermissible To Dismiss Bail Plea Due To Absence Of Counsel, Court May Appoint Amicus For Accused & Hear Matter: Allahabad HC

Case title - Maneesh Pathak vs. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 18536 of 2020]

Case Citation: 2023 LiveLaw (AB) 80

In a significant observation, the Allahabad High Court has said that it is impermissible to dismiss bail applications for non-prosecution on account of the absence of counsel as it is violative of the fundamental rights of the prisoners guaranteed under Article 21 of the Constitution of India.

The Court added that in such cases, an amicus curiae should be appointed to represent the applicant/prisoner and the matter be heard on merits.

Religious Conversion| 'Their Intent Behind Charitable Works Is Dubious': Allahabad HC Denies Anticipatory Bail To 'SHUATS' VC, Director

Case title - Vinod Bihari Lal vs. State of U.P. and Another and connected matter

Case citation: 2023 LiveLaw (AB) 81

The Allahabad High Court on Tuesday denied anticipatory bail to the Vice Chancellor of Sam Higginbottom University of Agriculture, Technology and Sciences (formerly Allahabad Agricultural Institute) (Dr.) Rajendra Bihari Lal and Institute's Director Vinod Bihari Lal in connection with a mass religious conversion case.

Noting that they are an influential person and their intent behind the charitable works appears to be

dubious, affecting the interest of a marginal section of society, the bench of Justice Manju Rani Chauhan said that they can't claim parity with other persons who have been released on anticipatory bail.

The bench noted that material evidence regarding mass conversion has been collected by the investigating agency that affects society at large and hence, it is a case concerning a

serious offence and cannot be taken lightly.

'Mafia Don In Making, His Role Figured In Umesh Pal Murder Case': Allahabad HC Denies Bail To Atique Ahmad's Son In Attempt To Murder Case

Case title - Ali @ Ali Ahmad @ Mohd Ali Ahmad vs. State of U.P. [CRIMINAL MISC. BAIL APPLICATION No. - 42431 of 2022]

Case Citation: 2023 LiveLaw (AB) 82

While denying bail to Ali Ahmad, son of 'Bahubali', 'Mafia Don' and former MP & MLA, Atique Ahmad in an attempt to murder case, the Allahabad High Court said that Ali is himself a Mafia Don in making, whose role has also figured in the Umesh Pal Murder case.

Umesh Pal, who was the star witness in the murder case of Raju Pal, a sitting Member of the Legislative Assembly, was shot dead on 24 February by the assailants outside his residence in Uttar Pradesh's Prayagraj

'Cow Killers Rot In Hell; Expect Central Govt To Ban Cow Slaughter, Declare It A Protected National Animal': Allahabad HC

Case title - Mohd. Abdul Khaliq Vs. State Of U.P. And Another [APPLICATION U/s 482 No. - 1743 of 2021]

Case Citation: 2023 LiveLaw (AB) 83

Stressing the importance of cows in Hinduism and the need to stop the practice of killing them, the Allahabad High Court hoped that the Central Government would take an appropriate decision to ban cow slaughter in the country and to declare the same as a 'protected national animal'.

The bench of Justice Shamim Ahmed also observed that since India is a secular country where we must have respect for all religions and in Hinduism, the belief and faith is that the cow is representative of divine and natural beneficence, and therefore, it should be protected and venerated.

Was Indian Express Justified In Deducting Employees’ Salaries During COVID-19 Pandemic? Allahabad High Court Says Labour Court To Decide

Case Title - The Indian Express Pvt. Ltd vs Union Of India And 15 Others

Case Citation: 2023 LiveLaw (AB) 84

The Allahabad High Court has directed the Prescribed Authority under The Working Journalists And Other Newspaper Employees (Conditions Of Service) And Miscellaneous Provisions Act, 1955, to refer the dispute, pertaining to deduction of salaries of the Indian Express employees during the COVID-19 pandemic, to the Labour Court.

Various employers including the newspapers had deducted the salaries of employees or workmen during the pandemic. In the case filed by certain employees of the Indian Express, it has been stated that they provided services even during the period in question - April 01, 2020, to February 28, 2021, but the daily still deducted a certain percentage of their monthly salary.