Allahabad High Court
Allahabad HC Quashes Immoral Trafficking Case Against Man Allegedly Found In Compromising Position Inside Noida Spa
The Allahabad High Court has recently quashed proceedings against a man booked under Sections 3, 4, 5 & 6 of the Immoral Traffic (Prevention) Act, 1956 and Section 370 IPC who was found in a compromising position with a woman inside a Thai Spa in Noida.Upon receiving secret information, a raid was conducted at Allora Thai Spa Centre, Noida where individuals were found to be engaging in prostitution. It was alleged that women were forced into prostitution at the Spa. Police seized aphrodisiac...
Allahabad HC Directs Etawah Jail Head To Allow Murder Convict To Pray 5-Times A Day During Ramadan & Retain Quran
The Allahabad High Court on Monday directed the Jail Superintendent of Central Jail, Etawah, to ensure that a high-security prisoner's religious practices, including offering prayers five times a day during Ramadan, are not “interfered with” and that he is “allowed” to retain the Quran in his possession. A bench of Justice Ashwani Kumar Mishra and Justice Nand Prabha Shukla passed this order while disposing of a plea moved by the wife of a murder convict who claimed that her husband ...
Legal Heirs Can't Seek Compassionate Appointment When Major Penalty Imposed On Deceased Employee Remains On Record: Allahabad HC
The Allahabad High Court has held that legal heirs of a deceased employee are disqualified from seeking compassionate appointment when major penalty imposed remains in record at the time death and not where the major penalty though imposed, had adverse impact only for few years.A major penalty (not specified) was imposed on the father of the petitioner for a period of 2 years. After the expiry of this period the petitioner's father was granted promotion to the post of Manager of Union of India,...
Grabbing Breasts, Breaking Minor Victim's Pyjama String Not Attempt To Rape But Prima Facie 'Aggravated Sexual Assault': Allahabad HC
Observing that grabbing the breasts of the victim, breaking the string of her pyjama and trying to drag her beneath the culvert before fleeing the spot won't come under the offence of rape or an attempt to rape, the Allahabad High Court recently modified a summoning order, altering the charges against two accused. Initially summoned to face trial under Section 376 IPC (Rape) and...
Krishna Janmabhumi Dispute | Allahabad HC Allows Impleadment Of UOI, ASI As Defendants In Hindu Plaintiffs' Suits With ₹5K Costs
In the ongoing Krishna Janmabhoomi-Shahi Eidgah Mosque dispute in Mathura, the Allahabad High Court on March 5 allowed amendment applications moved in two suits pending before the HC to implead Union of India through Secretary Ministry of Home Affairs and the Archaeological Survey of India (ASI). A bench of Justice Ram Manohar Narayan Mishra allowed the application subject to a cost...
UP Stamp Act | 2021 Amendment Imposing Limitation On Refund Not Applicable To Agreement Entered Prior To Amendment: Allahabad HC
The Allahabad High Court has quashed an order rejecting refund of stamp duty, holding that a retrospective amendment in 2021 to the state stamp act imposing a limitation period cannot extinguish a right based on the agreement entered into prior to the amendment.Petitioners had purchased stamp papers worth ₹4,37,000 in 2015 for executing a tripartite sale and sublease agreement with the...
Allahabad HC Rejects PIL Seeking Ban On Printing, Circulation Of Textbook Claiming 'Goddess Gayatri' Is 'Fictitious'
The Allahabad High Court has dismissed a Public Interest Litigation (PIL) plea seeking a total and complete ban on the printing, publication, distribution and circulation of the textbook 'Tathakathit Gayatri Devi Mantra Ki Vastavikta'. The PIL plea claims that the textbook written by Sant Gyaneshwar Swami Sadanand Ji Parmhans argues that Goddess Gayatri, the personified form...
Allahabad High Court Dismisses PIL Seeking A CBI Probe Into Mahakumbh Mela Stampede
The Allahabad High Court last week dismissed a Public Interest Litigation (PIL) plea seeking a probe by the Central Bureau of Investigation (CBI) into the stampede at the Mahakumbh Mela in Allahabad (January 29), which killed 30 people and left 60 more injured. The PIL plea moved by Keshar Singh and 2 others also sought a direction to the respondents to submit a “complete report”...
Proceedings U/S 129 Of GST Act Are Summary Proceedings, Burden To Prove Actual Movement Of Goods Lies On Assesee: Allahabad High Court
The Allahabad High Court has held that proceedings under section 129 of the GST Act are summary proceedings where the burden to prove the actual physical movement of goods is on the assesee transporting the goods. It further held that authorities have the power to seize goods on grounds of undervaluation.Justice Piyush Agrawal held, “Under the taxing statute, in the original proceeding or...
Approval Granted 30 Yrs Ago Can't Be Withdrawn On Ground That Post Was Not Created By Competent Authority: Allahabad High Court
Allahabad High Court has held that approval for a post sanctioned 30 years ago cannot be withdrawn only on grounds that it was not created by competent authority. It held that the person employed on such post cannot be denied salary after 30 years of continuous work and being paid without allegations of fraud or malpractice.Madarsa Jamia Alia Arabia Alinagar, Mau is a non-government...
Allahabad High Court Imposes ₹50K Cost On Centre, Railways For Denying Notional Increment To Employees Retiring A Day Before July 1
The Allahabad High Court has imposed a cost of Rs. 50,000 on the Union of India and various departments of Indian Railways for denying the benefit of notional increment to employees retiring on 30th June, despite the decision of the Supreme Court in Director (Administration and Human Resources) KPTCL and others v. C.P. Mundinamani and others and Union of India & Ors. Vs M....
'Avoid Ambiguity, Specify Essential Qualification': Allahabad HC Directs AMU To Ensure Clarity In Future Advertisements For Lecturer Posts
The Allahabad High Court has recently directed the Registrar of the Aligarh Muslim University (AMU) to be cautious and precise in its future advertisements for the posts of Lecturer, ensuring that no ambiguity surrounds the eligibility criteria. “…such ambiguity should be removed i.e. words shall be chosen carefully and instead of ambiguous words...