Allahabad High Court Refuses To Grant Stay On Seeking Encashment Of Bank Guarantee [Read Order]
4 years, 3 months ago

Allahabad High Court Refuses To Grant Stay On Seeking Encashment Of Bank Guarantee [Read Order]

Live Law  

The Hon'ble High Court of Allahabad it its decision on 28th August 2020 in M/S Cg Power & Industrial Solutions Ltd. Thru. Power Transmission Corporation Ltd from seeking extension and/or encashment of the Bank Guarantee withheld on account of non-payment of statutory dues towards the labour cess by Cg Power & Industrial Solutions Ltd. The Petitioner sought relief from the Lucknow Bench of the Hon'ble High Court of Allahabad on the basis of an order passed by the co-ordinate Division Bench of the Court on 24.2.2020 passed in Writ Petition No.125 of 2019, subsequently challenged and assailed by the Respondent corporation in the Supreme Court of India vide Special Leave Petition no. The Learned Counsel for the Petitioner submitted that the writ petition regarding imposition of 1% Cess on the writ petitioner has been allowed, therefore, the letter, by which Bank has directed the petitioner to extend the period of Bank Guarantee, is incorrect and against the aforesaid order dated 24.2.2020. After considering the submissions made by the parties, the Division Bench of the Hon'ble High Court held that, "5. there is an arbitration clause and, therefore, in case the petitioner is aggrieved by the aforesaid action of the Bank, he can take recourse as available to him under Section 9 of the Arbitration and Conciliation Act, 1996.

Court Bank Power Order Corporation Petition Petitioner Slp Bank Guarantee Upptcl Bench Writ  guarantee  stay  power  court  grant  read  encashment  high  corporation  order  bank  petitioner  cess  respondent  bench  writ  seeking  refuses  petition

History of this topic

[GST] Decision-Making Procedure Adopted By Authority De Hors Provisions Of Act/Rules, Is Liable To Be Rendered As Flawed: Allahabad High Court
8 hours, 4 minutes ago

[GST] Decision-Making Procedure Adopted By Authority De Hors Provisions Of Act/Rules, Is Liable To Be Rendered As Flawed: Allahabad High Court

Live Law  

While directing that the order under Section 73 of the Goods and Service Tax Act, 2017 uploaded in the “Additional Notices and Tabs” on the GST portal be treated as the show cause notice, the Allahabad High Court observed that “If in a decision making procedure adopted by the authority is de hors the provisions of the act or rules …

Allahabad High Court Quarterly Digest : October To December 2024
5 days ago

Allahabad High Court Quarterly Digest : October To December 2024

Live Law  

ORDERS/JUDGMENTS OF THE QUARTER Civil Judge Has No Jurisdiction To Entertain Suit Filed U/S 92 CPC Or Under Section 2 Of Religious Endowment Act, 1863: Allahabad High Court Case Title: Jyantri Prasad And 9 Others v. Shri Ram Janki Lakshman Ji Virajman Mandir,Pratapgarh Thru. Observing that the student had not played fraud on the College, the bench of Justice Manoj …

Dismissal Of Earlier S.482 CrPC Petition Doesn't Bar Subsequent Petition Filed Due To Change In Law : Supreme Court
6 days, 1 hour ago

Dismissal Of Earlier S.482 CrPC Petition Doesn't Bar Subsequent Petition Filed Due To Change In Law : Supreme Court

Live Law  

Observing that the principle of res judicata is not strictly applicable to the criminal proceedings, the Supreme Court recently ruled that the dismissal of a previous petition does not preclude the filing of a subsequent petition under Section 482 of the Cr.P.C if it is prompted by a change in the law. The bench comprising Justice Dipankar Datta and Justice …

Once HC Directs To Avail Alternate Remedy, Appeal U/S 107 GST Cannot Be Dismissed As Not Maintainable: Allahabad High Court
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1 month, 1 week ago

Once HC Directs To Avail Alternate Remedy, Appeal U/S 107 GST Cannot Be Dismissed As Not Maintainable: Allahabad High Court

Live Law  

The Allahabad High Court has held that once the High Court has directed the assesee to approach the appellate authority under Section 107 of the Central Goods and Service Tax Act, 2017, the appeal cannot be dismissed as not maintainable. The then Division Bench relegated the petitioner to alternate remedy of appeal under Section 107 of the Act. Petitioner again …

Allahabad High Court Asks Home Ministry To Decide On Rahul Gandhi's Citizenship By Dec 19
1 month, 2 weeks ago

Allahabad High Court Asks Home Ministry To Decide On Rahul Gandhi's Citizenship By Dec 19

ABP News  

The court in an order dated November 25, directed that the Centre to inform the high court about the outcome of the representation on December 19. Reportedly, the petitioner informed the high court that he has already moved two representations with the Competent Authority in the Union Home Ministry seeking cancellation of Rahul Gandhi's Indian citizenship. Following this the high …

Supreme Court Deprecates Allahabad HC's Practice Of Disposing Quashing Petitions By Asking Petitioners To Seek Discharge
1 month, 3 weeks ago

Supreme Court Deprecates Allahabad HC's Practice Of Disposing Quashing Petitions By Asking Petitioners To Seek Discharge

Live Law  

The Supreme Court on Thursday deprecated practice of the Allahabad High Court of directing petitioners seeking quashing of cases to instead apply to the trial court for discharge. A bench of Justice Abhay Oka and Justice AG Masih issued notice on the plea challenging the Allahabad High Court's order that had rejected an application quashing a forgery case. The Allahabad …

Employee Can Join New Employer After Previous Employer Rejects Offer
2 months, 1 week ago

Employee Can Join New Employer After Previous Employer Rejects Offer

Live Law  

A single judge bench of the Delhi High Court has ruled that an employer cannot deny an appointment to an employee who has already been relieved by the previous employer. The court held that the employee's failure to provide a relieving letter within the stipulated time period was the sole reason for the revocation of his appointment. The court allowed …

Employee Can Join New Employer After Previous Employer Releases Him
2 months, 1 week ago

Employee Can Join New Employer After Previous Employer Releases Him

Live Law  

A single judge bench of the Delhi High Court has ruled that an employer cannot deny an appointment to an employee who has already been relieved by the previous employer. The court held that the only reason for revoking the joining of the employee was that he was unable to furnish a relieving letter from BVFCL, as per the undertaking …

Allahabad High Court Weekly Roundup: June 10 - June 16, 2024
6 months, 2 weeks ago

Allahabad High Court Weekly Roundup: June 10 - June 16, 2024

Live Law  

NOMINAL INDEX Mamta Kapoor and Another v. Vinod Kumar Rai 2024 LiveLaw 382 Naziya Ansari And Another vs. State Of Up And 2 Others 2024 LiveLaw 383 Archana Singh Gautam vs. State of U.P. and Another 2024 LiveLaw 394 Orders/Judgments of the Week Disputes Related To Immovable Property Used Exclusively For Trade Are 'Commercial Disputes: Allahabad High Court Case Title: …

Indirect Tax Cases Weekly Round-Up: 26 May To 01 June 2024
7 months, 1 week ago

Indirect Tax Cases Weekly Round-Up: 26 May To 01 June 2024

Live Law  

Madras High Court No Embargo On Commercial Tax Dept. Allahabad High Court S.75 CGST | Allahabad HC Directs Commissioner To Take Disciplinary Action Against Adjudicating Authorities Violating PONJ Without Justifiable Reasons Case Title: Ns Agro And Engineering Products v. State of U.P. Franchise Agreement Granted Non-Exclusive Licence Rather Than Transfer Of Right To Use Goods, VAT Not Payable: Allahabad High …

Supreme Court Monthly Digest April 2024
7 months, 1 week ago

Supreme Court Monthly Digest April 2024

Live Law  

Citations 2024 LiveLaw 269 to 2024 LiveLaw 339 Abuse of Process of Law Abuse of process of law – Collusion between parties in tender process – Held, respondent no. Shivani Tyagi v. State of U.P., 2024 LiveLaw 333 Section 439 and National Investigation Agency Act, 2008; Section 21 – Jurisdiction of High Court to entertain Bail application – The jurisdiction …

Special Appeal Not Maintainable Against Order Of Hearing Decided By Single Judge: Allahabad High Court
7 months, 4 weeks ago

Special Appeal Not Maintainable Against Order Of Hearing Decided By Single Judge: Allahabad High Court

Live Law  

The Allahabad High Court has held that a special appeal is not maintainable against the order of hearing established by a single judge in an interim order. “The Submission made pertaining to the preferential claim of the appellant, does not affect the order passed by the learned Single Judge indicating the sequence in which the matters are to be heard …

Court Under Section 19 Of MSMED Act, 2006 Empowered To Allow Predeposit In Installments: Allahabad High Court
8 months, 2 weeks ago

Court Under Section 19 Of MSMED Act, 2006 Empowered To Allow Predeposit In Installments: Allahabad High Court

Live Law  

The Allahabad High Court division bench of Chief Justice Arun Bhansali and Justice Jaspreet Singh held that expression “in the manner directed by such court” in Section 19 of the Micro, Small And Medium Enterprises Development Act, 2006 gives the discretion to the court to allow the predeposit to be made, if felt necessary, in installments also. Section 19 of …

Indirect Tax Cases Weekly Round-Up: 25 February To 3 March 2024
10 months ago

Indirect Tax Cases Weekly Round-Up: 25 February To 3 March 2024

Live Law  

Delhi High Court Case Title: Apshara Garments Pvt. Bombay High Court Case Title: Shri Yogesh Rajendra Mehra Versus Principal Commissioner CGST & Central Excise Raigad The Bombay High Court has held that any deficiency in filing the appeal or application, like failure to file physical documents, cannot cause the appeal, which was registered on the online portal within the prescribed …

Where Statutory Appeals Filed After Making Pre-Deposit, Stay Applications Must Be Decided In Reasonable Time: Allahabad High Court
10 months ago

Where Statutory Appeals Filed After Making Pre-Deposit, Stay Applications Must Be Decided In Reasonable Time: Allahabad High Court

Live Law  

The Allahabad High Court has held that were a statutory appeal has been filed and the condition for pre-deposit has been complied with, stay applications filed along with such appeals must be decided within a reasonable time. Petitioner approached the High Court against the order for putting up the stay application filed on 24.01.2024 in appeal pending for last four …

Allahabad High Court Weekly Roundup: February 12 - February 18, 2024
10 months, 2 weeks ago

Allahabad High Court Weekly Roundup: February 12 - February 18, 2024

Live Law  

NOMINAL INDEX Smt Usha Verma And Another vs. State Of U.P. And 2 Others 2024 LiveLaw 96 Visible Alpha Solutions India Private Limited vs. Commissioner, CGST Appeals, Noida And Another 2024 LiveLaw 97 2024 LiveLaw 98 ORDERS/JUDGMENTS OF THE WEEK Writ Petition Has To Be Drafted Carefully, Reliefs Sought Must Be Supported By Pleadings: Allahabad High Court Rejects Claim For …

Supreme Court Dismisses UP Govt.'s Appeal Against Allahabad HC Order Quashing Demand Of Rs. 235.52 Crores Against VIVO
1 year ago

Supreme Court Dismisses UP Govt.'s Appeal Against Allahabad HC Order Quashing Demand Of Rs. 235.52 Crores Against VIVO

Live Law  

On Thursday, the Supreme Court dismissed a Special Leave Petition filed by the State of Uttar Pradesh against the order of the Allahabad High Court quashing the demand of Rs. 235.52 Crores raised against Vivo Mobile India Private Limited raised by GST Authorities vide order under Section 74 of the Goods and Service Tax Act 2017. While granting relief to …

Direct Tax Vivaad Se Vishwas Act | Out-Of-Court Settlement Not Litigant's Fundamental Right, Can Be Availed Only As Per Law: Allahabad HC
1 year, 1 month ago

Direct Tax Vivaad Se Vishwas Act | Out-Of-Court Settlement Not Litigant's Fundamental Right, Can Be Availed Only As Per Law: Allahabad HC

Live Law  

While dealing with a rejection order under the Direct Tax Vivaad Se Vishwas Act, 2020, the Allahabad High Court has held that a litigant does not have a fundamental or inherent right to claim settlement of dispute outside court. The bench comprising of Justice Saumitra Dayal Singh and Justice Shiv Shanker Prasad opined, “In the first place, settlement of disputes …

Return Not Filed Within Time Due To Unavoidable Circumstances: Allahabad High Court Directs Restoration Of GST Registration
1 year, 2 months ago

Return Not Filed Within Time Due To Unavoidable Circumstances: Allahabad High Court Directs Restoration Of GST Registration

Live Law  

The Allahabad High Court has directed restoration of GST registration of a firm as return could not be filed in time due to unavoidable circumstances. The Court noted that mother and sister of the petitioner died of prolonged illness, due to which petitioner suffered both mentally and financially, which were unavoidable circumstances. Accordingly, the Court directed the respondent to restore …

SC Asks Allahabad HC Registrar to Furnish Information on Suits Related to Sri Krishna Janmabhoomi-Shahi Idgah Dispute
1 year, 3 months ago

SC Asks Allahabad HC Registrar to Furnish Information on Suits Related to Sri Krishna Janmabhoomi-Shahi Idgah Dispute

News 18  

The Supreme Court Tuesday asked the Allahabad High Court registrar to be personally present before it on October 30 and place the requisite information and documents pertaining to the Sri Krishna Janmabhoomi-Shahi Idgah dispute. A bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia was hearing a plea filed by Committee of Management Trust Shahi Masjid Idgah challenging the May …

Allahabad High Court Weekly Round-Up: August 28 To September 3, 2023
1 year, 4 months ago

Allahabad High Court Weekly Round-Up: August 28 To September 3, 2023

Live Law  

NOMINAL INDEX The Commissioner, Commercial Tax vs. M/S Tirupati Construction Co. 2023 LiveLaw 293 Dev Narain vs. State of U.P. Lokbhawan, Lucknow And 7 Others 2023 LiveLaw 305 ORDERS/JUDGMENTS Tribunal Tried To Blow Hot And Cold At The Same Time: Allahabad High Court Upholds Levy Of Entry Tax Case Title: The Commissioner, Commercial Tax vs. M/S Tirupati Construction Co. Case …

Allahabad High Court Weekly Round-Up: July 31 - August 06
1 year, 5 months ago

Allahabad High Court Weekly Round-Up: July 31 - August 06

Live Law  

NOMINAL INDEX M/S Bhawani Traders vs. State of U.P. And 2 Others 2023 LiveLaw 246 ORDERS/JUDGMENTS OF THE WEEK Goods In Transit Can’t Be Treated As Non-Traceable In Presence Of Tax Invoice, E-Way Bill And Bilty: Allahabad High Court Case Title: M/S Bhawani Traders vs. State of U.P. ‘Procedural review’ is an inherent power of every Court and Tribunal “to …

Allahabad High Court Weekly Round-Up: June 26 To July 02
1 year, 6 months ago

Allahabad High Court Weekly Round-Up: June 26 To July 02

Live Law  

NOMINAL INDEX Kul Bhushan Mishra And Another vs. State Of U.P. Intra-Court Appeal Not Maintainable Against Single Judge's Order Declining To Initiate Contempt Proceedings: Allahabad High Court Case title - Vinod Kumar Gupta And Another vs. Sri Veer Bahadur Yadav, S.D.M. And Another Case Citation: 2023 LiveLaw 198 The Allahabad High Court observed that an intra-court appeal is not maintainable …

Allahabad High Court Monthly Digest: March 2023
1 year, 9 months ago

Allahabad High Court Monthly Digest: March 2023

Live Law  

NOMINAL INDEX Maneesh Pathak vs. State of U.P. Allahabad High Court Denies Bail To Former UP MLA Kamlesh Pathak In Gangster Act Case Case Title - Kamlesh Pathak vs. State of Uttar Pradesh Case Citation: 2023 LiveLaw 93 The Allahabad High Court denied bail to former Uttar Pradesh Legislative Assembly member Kamlesh Pathak in the Gangster Act Case registered against …

Allahabad High Court Irked Over Ongoing UP Power Workers Strike, Issues Bailable Warrant Against Union Leaders
1 year, 9 months ago

Allahabad High Court Irked Over Ongoing UP Power Workers Strike, Issues Bailable Warrant Against Union Leaders

Live Law  

The Allahabad High Court on Friday expressed its displeasure over the ongoing strike by the Uttar Pradesh electricity department employees despite the court's December 2022 order that the power supply should not be disrupted due to the strike by the employees.Issuing contempt proceedings against the Employees' Association and its office bearers, the bench of Justice Ashwani Kumar Mishra. The Allahabad …

Allahabad High Court Weekly Round-Up: February 27 To March 5, 2023
1 year, 10 months ago

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

Live Law  

NOMINAL INDEX Rajeev Bansal Versus Union Of India 2023 LiveLaw 78 Umakant Yadav vs. State of U.P. Ltd vs Union Of India And 15 Others 2023 LiveLaw 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 …

Allahabad High Court Weekly Round-Up: February 13 To February 19, 2023
1 year, 10 months ago

Allahabad High Court Weekly Round-Up: February 13 To February 19, 2023

Live Law  

NOMINAL INDEX Chantara vs. State of U.P. A Woman Facilitating Act Of Rape With A Group Of People May Be Prosecuted For 'Gang Rape' U/S 376D IPC: Allahabad High Court Case title - Suneeta Pandey vs. State Of U.P. Murder Case Against MoS Ajay Mishra: Allahabad HC Permits Revisionist's Legal Heirs To Participate In State's Appeal Against Acquittal Case title …

Allahabad High Court Weekly Round-Up: January 16 To January 21, 2023
1 year, 11 months ago

Allahabad High Court Weekly Round-Up: January 16 To January 21, 2023

Live Law  

NOMINAL INDEX Asif Khaliq vs. State Of U.P. Absconder/Proclaimed Offender Not Entitled To Anticipatory Bail: Allahabad High Court Case title - Anand Shankar Pandey And 2 Others vs. State Of U.P And Another Case Citation: 2023 LiveLaw 21 The Allahabad High Court has reiterated that a person against whom a warrant has been issued and, is absconding or concealing himself …

Allahabad High Court Weekly Round-Up: December 19 To December 25, 2022
2 years ago

Allahabad High Court Weekly Round-Up: December 19 To December 25, 2022

Live Law  

NOMINAL INDEX Badri Shrestha v. State of U.P. 2022 LiveLaw 540 ORDERS/JUDGMENT OF THE WEEK Lucknow Gomti River Front 'Scam'| Allahabad High Court Denies Anticipatory Bail To Project Advisor Case title - Badri Shrestha v. State of U.P. And 3 Others Case Citation: 2022 LiveLaw 536 The Allahabad High Court took serious note of the conduct of certain 'unruly' advocates …

Allahabad High Court Weekly Round-Up: December 12 To December 18, 2022
2 years ago

Allahabad High Court Weekly Round-Up: December 12 To December 18, 2022

Live Law  

NOMINAL INDEX Bal Kumar Patel Alias Raj Kumar v. State of U.P. 2022 LiveLaw 532 ORDERS/JUDGMENTS OF THE WEEK Allahabad High Court Denies Anticipatory Bail To Former MP & Brother Of Slain Dacoit 'Dadua' In A Cheating Case Case title - Bal Kumar Patel Alias Raj Kumar v. State of U.P. Allahabad High Court Denies Bail To 2 Alleged PFI …

Supreme Court Dismisses Plea To Change Name Of Bombay High Court As Maharashtra High Court
2 years, 2 months ago

Supreme Court Dismisses Plea To Change Name Of Bombay High Court As Maharashtra High Court

Live Law  

The Supreme Court on Thursday dismissed a petition which sought to change the name of Bombay High Court as Maharashtra High Court.A bench comprising Justices Aniruddha Bose and Vikram Nath dismissed the petition filed by VP Patil after noting that it is a matter to be decided by the Parliament. The Supreme Court on Thursday dismissed a petition which sought …

Presence Of An Arbitration Clause Does Not Always Oust Court's Jurisdiction Under Article 226: J&K&L High Court
2 years, 4 months ago

Presence Of An Arbitration Clause Does Not Always Oust Court's Jurisdiction Under Article 226: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that writs under Article 226 are maintainable for asserting contractual rights against the State or its instrumentalities and the presence of Arbitration clause does not oust the jurisdiction under Article 226 in all cases though it still needs to be decided from case to case as to whether recourse to …

Allahabad High Court Monthly Digest: June 2022 [Citations 271 - 306]
2 years, 6 months ago

Allahabad High Court Monthly Digest: June 2022 [Citations 271 - 306]

Live Law  

NOMINAL INDEX Ishan International Educational Society Through its Director v. Shri Mukul Singhal Principal Secretary And 4 Others 2022 LiveLaw 271 Sarafat and another v. State of U.P. : Allahabad HC Directs Placing Of Matter Before UP Cabinet Case title - Ishan International Educational Society Through its Director v. Shri Mukul Singhal Principal Secretary And 4 Others Case citation - …

Allahabad High Court Weekly Round Up: May 9 To May 15, 2022
2 years, 7 months ago

Allahabad High Court Weekly Round Up: May 9 To May 15, 2022

Live Law  

NOMINAL INDEX Lavkush v. State of U.P.Thru.Prin.Secy.Home Lko. Enemy Property Case: Allahabad High Court Grants Bail To Samajwadi Party MLA Azam Khan Case title - Mohammad Azam Khan v. State Of U.P. "Young Lawyers Advised To Take Up Such Cases": Allahabad High Court Grants Bail To Undertrial In Jail For Over 11 Years Case title - Akhilesh v. State of …

Allahabad High Court Stays GST Demand On Payment Of Royalty To Conduct Mining Activity
2 years, 7 months ago

Allahabad High Court Stays GST Demand On Payment Of Royalty To Conduct Mining Activity

Live Law  

The Allahabad High Court bench of Justice Saumitra Dayal Singh has stayed the GST demand on payment of royalty to conduct mining activity. The petitioner contended that no GST liability could arise from the payment of a royalty to conduct mining activity. The court held that the matter requires consideration both on the issue of liability to pay GST and …

Allahabad High Court Weekly Round Up: March 7 To March 13, 2022
2 years, 9 months ago

Allahabad High Court Weekly Round Up: March 7 To March 13, 2022

Live Law  

CITATIONS 2022 LiveLaw 94 TO 2022 LiveLaw 110 NOMINAL INDEX Madhav Singh v. State of U.P. Armed Forces Tribunal Act Cannot Curtail High Court's Power Of Judicial Review U/A 226: Allahabad High Court Case Title: Ram Harsh v. Union of India and 4 Others Citation: 2022 LiveLaw 98 The High Court made it clear that the Armed Forces Tribunal Act, …

Rights Accrued To Others Due To Delay In Approaching Court Shouldn't Be Disturbed If Delay Is Unexplained: Allahabad High Court
2 years, 10 months ago

Rights Accrued To Others Due To Delay In Approaching Court Shouldn't Be Disturbed If Delay Is Unexplained: Allahabad High Court

Live Law  

The Allahabad High Court has observed that the time-barred cases should not be entertained by Courts as the rights, which have accrued to others by reason of delay in approaching the Court, cannot be allowed to be disturbed unless there is a reasonable explanation for the delay.The Bench of Justice Manju Rani Chauhan observed thus as it dismissed a Writ …

Allahabad High Court Weekly Round Up: January 3 To January 9, 2022
3 years ago

Allahabad High Court Weekly Round Up: January 3 To January 9, 2022

Live Law  

Judgments/Orders of the Week1. 'Prayers Omnibus In Nature': Allahabad High Court Refuses To Entertain PIL On Alleged Corruption In Madarsas Case title - Mohammad Imran v. State Of U.P. Offence Punishable U/S 506 IPC If Committed In Uttar Pradesh Is A Cognizable Offence: Allahabad High Court Case title - Rakesh Kumar Shukla v. State of U.P. If Counsel Refuses To …

Allahabad HC Imposes 21K Fine On District Judge For Rejecting Resignation Of A Court Clerk Who Joined Indian Railways
3 years, 1 month ago

Allahabad HC Imposes 21K Fine On District Judge For Rejecting Resignation Of A Court Clerk Who Joined Indian Railways

Live Law  

The Allahabad High Court recently imposed a fine of Rs 21,000/- on a District Judge, who rejected the resignation of a court clerk as his resignation was not preceded by a three months' notice. On account of his failure to give a three months notice under Rule 4 of the Government Service Rules, 2000, he was also subjected to a …

Judicial Discipline Demand To Respect Order Passed By Coordinate Bench: Supreme Court On Comments By Uttarakhand HC On Allahabad HC Order
3 years, 3 months ago

Judicial Discipline Demand To Respect Order Passed By Coordinate Bench: Supreme Court On Comments By Uttarakhand HC On Allahabad HC Order

Live Law  

Judicial discipline/propriety demand to respect the order passed by the Coordinate Bench, the Supreme Court observed while it set aside observations made by Uttarakhand High Court on an order passed by Allahabad High Court.In this case, a writ petition challenging an award passed by the labour court of Dehradun was filed before Allahabad High Court in the year 1997. Judicial …

Allahabad High Court Extends Interim Orders Passed By It And Subordinate Courts Till August 17
3 years, 5 months ago

Allahabad High Court Extends Interim Orders Passed By It And Subordinate Courts Till August 17

Live Law  

Noting that the Covid-19 situation has improved and taking into account the fact that the Courts are also working physically, the Allahabad High Court has decided today expressed its reservation to further extend all interim orders, etc, however, due to the prayer of the bar, the Court did extend the orders for another 15 days.The said order reproduced below, has …

Supreme Court Issues Notice On Plea Challenging Allahabad HC Order On Section 9 Of Motor Vehicles Rules
3 years, 5 months ago

Supreme Court Issues Notice On Plea Challenging Allahabad HC Order On Section 9 Of Motor Vehicles Rules

Live Law  

The Supreme Court on Thursday issued notice on a Special Leave Petition challenging the final order passed by the Allahabad High Court wherein the High Court had failed to appreciate that an identical legal issue involving the interpretation of Rule 9 of the Motor Vehicles Rules, 1989 was already pending consideration before the Supreme Court challenging the final order passed …

Allahabad High Court Adjourns PIL For Covid19 Management Citing 'Paucity Of Time'; Matter Adjourned Thrice Since Change In Roster
3 years, 6 months ago

Allahabad High Court Adjourns PIL For Covid19 Management Citing 'Paucity Of Time'; Matter Adjourned Thrice Since Change In Roster

Live Law  

The Allahabad High Court on Friday adjourned its suo moto PIL on Covid-19 management citing 'paucity of time'. Establishment Of Public Grievance Cells To empower the common man bearing the brunt of both the pandemic and mismanagement of medical infrastructure, the High Court directed the UP Government to open, within 48 hours, a "Public Grievance Cell" in every district so …

Allahabad High Court Dismisses Plea Against Delegating Powers Of Chief Justice 's Power To Senior Judges In His Absence
3 years, 8 months ago

Allahabad High Court Dismisses Plea Against Delegating Powers Of Chief Justice 's Power To Senior Judges In His Absence

Live Law  

The Allahabad High Court has dismissed a petition against delegating the power of Chief Justice to Senior Judges in his absence. The PIL, filed by one Ashok Pandey, sought directions for not giving effect to provisions contained in Chapter V Rule 9 of the Allahabad High Court Rules, 1952. The argument advanced by the Petitioner was that in our constitutional …

Orders that set the bar: How Allahabad HC stood for civil rights
3 years, 10 months ago

Orders that set the bar: How Allahabad HC stood for civil rights

Hindustan Times  

On Monday, January 25, the Supreme Court reminded the Uttar Pradesh government that a high court is also a constitutional court and cannot be taken lightly. Here are some instances in corroboration of how the high court took a stand: Anti-CAA protesters’ posters/banners The HC had in March 2020 taken strong exception to banners being put up by the state …

Allahabad High Court Issues Notice On Plea For Establishment Of Regional NCLAT Bench In Prayagraj
3 years, 10 months ago

Allahabad High Court Issues Notice On Plea For Establishment Of Regional NCLAT Bench In Prayagraj

Live Law  

The Allahabad High Court on Wednesday issued notice on a PIL filed by Company Law Tribunal Bar Association, Allahabad, seeking establishment of a Regional Bench of NCLAT in Prayagraj. A Division bench comprising of Justices Sanjay Yadav and Jayant Banerji heard Senior Advocate RP Agarwal and Advocate Udai Chandani on behalf of the Association, and directed the Ministry of Corporate …

Allahabad High Court Imposes 3 Lakh Cost On A Petitioner For Repeatedly Filing Petitions Agitating Same Cause Of Action
3 years, 11 months ago

Allahabad High Court Imposes 3 Lakh Cost On A Petitioner For Repeatedly Filing Petitions Agitating Same Cause Of Action

Live Law  

The Allahabad High Court recently imposed an extraordinary cost of Rs. 3 lakh on a former Gram Sabha Pradhan for repeatedly approaching the Court with the same cause of action, despite several dismissals. 1 Lakh Costs On Petitioner For Resuscitating Same Cause In Repeated Proceedings Background The Petitioner had first approached the High Court in Writ-C No. "In case the …

'Abuse Of Process' : Karnataka High Court Dismisses Petition Seeking Criminal Action Against Azim Premji Under RBI Act
3 years, 11 months ago

'Abuse Of Process' : Karnataka High Court Dismisses Petition Seeking Criminal Action Against Azim Premji Under RBI Act

Live Law  

The Karnataka High Court has dismissed a petition filed by a not for profit company named "India Awake for Transparency", challenging an order of the magistrate court dismissing its private complaint seeking directions to Reserve Bank of India to register a case against Wipro founder Azim Premji and others under the Reserve Bank of India Act. Further, it was said …

Private Financial Institutions May Be Performing Public Duties But Can't Be Considered 'State' Under Article 12 Of Constitution: Allahabad High Court
4 years, 1 month ago

Private Financial Institutions May Be Performing Public Duties But Can't Be Considered 'State' Under Article 12 Of Constitution: Allahabad High Court

Live Law  

The Allahabad High Court on Thursday reiterated that private financial institutions, carrying business or commercial activity, may be performing public duties, but cannot be considered to be covered under the definition of "State" under Article 12 of the Constitution. Reliance in this regard was placed on Federal Bank Ltd. v. Sagar Thomas and others, 10 SCC 733, whereby the Supreme …

Allahabad High Court Issues Notice On Habeas Corpus Petition Against Custody Of 3 Persons Arrested With Siddique Kappan On Way To Hathras
4 years, 1 month ago

Allahabad High Court Issues Notice On Habeas Corpus Petition Against Custody Of 3 Persons Arrested With Siddique Kappan On Way To Hathras

Live Law  

The Allahabad High Court on Wednesday issued notices on a Habeas Corpus petition filed by 3 alleged PFI Members, arrested by the Deputy Superintendent of Police while they were going to Hathras to meet family of the deceased gang-rape victim and later remanded to judicial custody by CJM Mathura. The Plea also contends, "The Chief Judicial Magistrate, Mathura, vide its …

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