Allahabad High Court Expresses Reservation On "En-Masse" Dismissal Of Cases By Revenue Officials To Clear Pendency
11 months ago

Allahabad High Court Expresses Reservation On "En-Masse" Dismissal Of Cases By Revenue Officials To Clear Pendency

Live Law  

Last week, the Allahabad High Court sought response from the Revenue Secretary, Government of Uttar Pradesh, on the en-mass disposal of cases for want of prosecution by the revenue officials. The bench comprising Acting Chief Justice Manoj Kumar Gupta and Justice Kshitij Shailendra observed, “Although we appreciate the effort of the State Government taken for reduction of arrears, but we do not approve of the manner in which the said objective is being attained.” The State of UP issued a notification on 5th October 2023 directing all revenue authorities to dispose of the pending case in timely and expeditious manner. The petitioner, Tehsil Sikandrapur Bar Association, contended that the intention of the Government was expeditious disposal in accordance with law. Accordingly, the Court directed the Revenue Secretary, Government of Uttar Pradesh to examine the issue and inform the Court of remedial measures to avoid en-mass dismissal of cases in this manner.

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History of this topic

Allahabad High Court Quashes Criminal, ED Proceedings Initiated Against Indiabulls & Its Officials
11 hours, 20 minutes ago

Allahabad High Court Quashes Criminal, ED Proceedings Initiated Against Indiabulls & Its Officials

Live Law  

The Allahabad High Court, on Friday, quashed the criminal proceedings initiated by the borrower, Shipra Group, and the Enforcement Directorate against the Indiabulls Group and its officials as arbitral proceedings pursuant to the loan agreements are already underway, a fact which was suppressed by the informant. Observing that the informant had hidden the various proceedings instituted by him in different …

'Judicial Time & Resources Abused': Punjab & Haryana HC Imposes Rs.5 Lakh Cost On Litigant For Supressing Facts, Filing Repeated Pleas
3 days, 3 hours ago

'Judicial Time & Resources Abused': Punjab & Haryana HC Imposes Rs.5 Lakh Cost On Litigant For Supressing Facts, Filing Repeated Pleas

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The Punjab & Haryana High Court imposed a cost of Rs.5 lakh on litigant who repeatedly abused the process of court by filing successive pleas and suppressed “crucial fact.” The plea was filed challenging the resumption order of a land which was allotted to the petitioner subject to certain conditions. A bench of Justice Arun Palli and Justice Vikram Aggarwal …

[GST] Assesee Cannot File For Requisite Documents Once Plea Is Accepted And Notice Is Issued: Allahabad High Court
1 week, 5 days ago

[GST] Assesee Cannot File For Requisite Documents Once Plea Is Accepted And Notice Is Issued: Allahabad High Court

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The Allahabad High Court has held that an assessee cannot file for the supply of requisite documents after the adjudicating body has accepted the plea placed by them and issued notice pursuant to it. Petitioner replied stating that the discrepancies pointed out were lesser than the amount calculated in the notice and filed the requisite documents. High Court Verdict The …

Supreme Court Sets Aside Allahabad HC's Imposition Of Rs.1 Lakh Cost On Advocate Mehmood Pracha, Expunges Adverse Remarks Made Against Him
2 weeks ago

Supreme Court Sets Aside Allahabad HC's Imposition Of Rs.1 Lakh Cost On Advocate Mehmood Pracha, Expunges Adverse Remarks Made Against Him

Live Law  

The Supreme Court today set aside Allahabad High Court's imposition of Rs.1 lakh cost on Advocate Mehmood Pracha over a petition filed by him concerning videography during the electoral process. Personal remarks made against the counsel in the impugned High Court order were also expunged.A bench of Justices Surya Kant and Manmohan passed the order, upon Election Commission of India …

Allahabad High Court Imposes Rs. 50K Cost On Litigant For Concealing Facts, Says Counsel Had 10 Yrs+ Standing But Failed His Bounden Duty
3 weeks, 6 days ago

Allahabad High Court Imposes Rs. 50K Cost On Litigant For Concealing Facts, Says Counsel Had 10 Yrs+ Standing But Failed His Bounden Duty

Live Law  

While considering a case under the Consolidation of Holdings Act, 1963, the Allahabad High Court has imposed a cost of Rs. Case Background Petitioners approached the Court stating that in the year 2019-20, consolidation proceedings were conducted on their land under the Consolidation of Holdings Act, 1963. High Court Verdict The Court relied on the decision of the Allahabad High …

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

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

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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 …

In Absence Of Appellant Or His Lawyer , Appeal Should Be Dismissed In Default Not An Order On Merit : Allahabad High Court
4 months, 3 weeks ago

In Absence Of Appellant Or His Lawyer , Appeal Should Be Dismissed In Default Not An Order On Merit : Allahabad High Court

Live Law  

The Allahabad High Court has held that the term “ex-parte” in Rule 63 of the Uttar Pradesh Value Added Tax Rules, 2008 can be interpreted as for want of representation of the defendant after service of notice, the case may be decided on merits. Rule 63 of the Uttar Pradesh Value Added Tax Rules, 2008 provides that appeal must be …

Allahabad High Court Imposes Rs 50K Cost On Party For Filing False Affidavits Before Revenue Authority To Grab Widow's Property
7 months ago

Allahabad High Court Imposes Rs 50K Cost On Party For Filing False Affidavits Before Revenue Authority To Grab Widow's Property

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The Allahabad High Court has imposed a cost of Rs. Thereafter, petitioners produced another unregistered Will after allegedly removing defects and took a stand for the first time before the First Appellate Authoritythat they had not produced the Will before the Tehsildar. High Court Verdict Perusing the record, the Court observed that the petitioners had not taken the plea regarding …

Court Under Section 19 Of MSMED Act, 2006 Empowered To Allow Predeposit In Installments: Allahabad High Court
7 months, 4 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
9 months, 2 weeks 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 …

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

Suppression Of Criminal History From Employer Ground For Cancellation Of Candidature/ Dismissal From Service: Allahabad High Court
10 months, 3 weeks ago

Suppression Of Criminal History From Employer Ground For Cancellation Of Candidature/ Dismissal From Service: Allahabad High Court

Live Law  

The Allahabad High Court has held that there cannot be any suppression as to information about conviction/acquittal or arrest or pendency of criminal case by any candidate seeking employment. Relying on the decision of the Supreme Court in Avtar Singh Vs. Union of India and others and Rajasthan Rajya Vidhut Prasaran Nigam Limited Vs. Anil Kanwaria, the bench comprising of …

Delhi High Court Issues Directions For Expeditious Disposal Of Criminal Cases Against MPs, MLAs
1 year ago

Delhi High Court Issues Directions For Expeditious Disposal Of Criminal Cases Against MPs, MLAs

Live Law  

The Delhi High Court has issued directions for expeditious and effective disposal of criminal cases pending in the designated courts against the members of Parliament and Legislative Assemblies. A division bench comprising of Acting Chief Justice Manmohan and Justice Mini Pushkarna directed the Principal District and Sessions Judge of the Rouse Avenue Court to ensure almost equal pendency of. A …

National Informatics Centre Under Allahabad High Court's Radar For Discrepancy In Listing Of Cases
1 year, 2 months ago

National Informatics Centre Under Allahabad High Court's Radar For Discrepancy In Listing Of Cases

Live Law  

The Allahabad High Court has directed inquiry against officers of National Informatics Centre at the High Court, as repeated cases of listing of second bail applications by the same person before different bench has come to light. Thereafter, report was placed before the Justice Samit Gopal in sealed cover which revealed that a particular ID was used for a feeding …

Allahabad High Court Rules SC's Automatic Stay Vacation Direction In 'Asian Resurfacing' Applies At All Stages Including Investigation, Inquiry
1 year, 3 months ago

Allahabad High Court Rules SC's Automatic Stay Vacation Direction In 'Asian Resurfacing' Applies At All Stages Including Investigation, Inquiry

Live Law  

The Allahabad High Court has held that the Supreme Court's dictum of automatic vacation of stay in Asian Resurfacing of Road Agency Private Limited and Another v. Central Bureau of Investigation applies to all civil as well as criminal cases irrespective of the "stage" of the proceeding. A bench comprising of Justice Jyotsna Sharma held, “In my opinion, though in …

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

Service Matters: Compilation Of High Court Judgments In 2022 [Part I]
1 year, 11 months ago

Service Matters: Compilation Of High Court Judgments In 2022 [Part I]

Live Law  

LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. NEET-PG| Service In Specialized Units Doesn't Amount To Serving In Rural/ Difficult Area To Qualify For 40% In-Service Quota Case Title: Tania Mukherjee & Ors v. State of West Bengal & Ors Case Citation: 2022 LiveLaw 36 The Calcutta High Court observed that service …

Allahabad High Court Dismisses Plea Questioning Continuance Of Yogi Adityanath As UP CM, Imposes ₹11K Cost
2 years, 1 month ago

Allahabad High Court Dismisses Plea Questioning Continuance Of Yogi Adityanath As UP CM, Imposes ₹11K Cost

Live Law  

The Allahabad High Court on Wednesday dismissed a plea questioning continuance of Yogi Adityanath as the Chief Minister of State of Uttar Pradesh. Court's observations At the outset, the Court noted that under the garb of filing a writ petition, the Petitioner had actually challenged the election of Yogi Adityanath from 322 - Gorakhpur Urban Legislative Assembly. The Court further …

'Large Pendency, Lack Of Uniform Method Of Prioritization': Delhi High Court Issues Directions For Expeditious Disposal Of Cases In Consumer Forums
2 years, 1 month ago

'Large Pendency, Lack Of Uniform Method Of Prioritization': Delhi High Court Issues Directions For Expeditious Disposal Of Cases In Consumer Forums

Live Law  

Taking note of the large pendency and lack of a uniform method for prioritisation of cases in the district consumer forums, the Delhi High Court has issued directions for ensuring expeditious disposal of the consumer mattersJustice Pratibha M Singh directed the Registrars of concerned district forums to start listing final matters, where evidence has been concluded, for hearing at 2:30 …

Allahabad High Court Takes Cognizance Of Pendency Of Cases In UP Revenue Courts, Seeks Response Of UP Govt, State Bar Council
2 years, 6 months ago

Allahabad High Court Takes Cognizance Of Pendency Of Cases In UP Revenue Courts, Seeks Response Of UP Govt, State Bar Council

Live Law  

The Allahabad High Court has taken cognizance of the issue of pendency of cases in revenue courts of Uttar Pradesh and has sought the response of the Uttar Pradesh government and the state bar council over the steps taken by them to ameliorate and ease the grave situation.The Bench of Justice Jaspreet Singh has sought the responses of the Chief …

[O. 41 R. 17(1) CPC] If Counsel Refuses To Argue Or Not Able To Address Court, Appeal Can't Be Dismissed On Merits: Allahabad HC
2 years, 11 months ago

[O. 41 R. 17(1) CPC] If Counsel Refuses To Argue Or Not Able To Address Court, Appeal Can't Be Dismissed On Merits: Allahabad HC

Live Law  

The Allahabad High Court recently ruled that when an appeal has to be dismissed by the appellate Court on account of the fact that the counsel for the appellant though physically present in the Court, refuses to argue the same for any reason, the dismissal can't be on merits in view of the Explanation to Order XLI Rule 17 CPC.It …

Pendency Of Criminal Cases In Allahabad High Court Very Worrying: CJI NV Ramana
3 years, 3 months ago

Pendency Of Criminal Cases In Allahabad High Court Very Worrying: CJI NV Ramana

Live Law  

Chief Justice of India NV Ramana on Saturday expressed concern over the long pendency of criminal cases in the Allahabad High Court and requested the Allahabad High Court and the Bar to work on resolving the issue. "I do not want to point any fingers or lay any blame regarding the pendency in the Allahabad High Court relating to criminal …

Fraudulent Withdrawal Of Money from Rtd. Judge's Account- "Police Not Serious To Control Such Fraudulent Activities": Allahabad High Court
3 years, 5 months ago

Fraudulent Withdrawal Of Money from Rtd. Judge's Account- "Police Not Serious To Control Such Fraudulent Activities": Allahabad High Court

Live Law  

Hearing a matter wherein money was fraudulently withdrawal from the bank account of a Judge, High Court, the Allahabad High Court observed that the police authorities are not making serious efforts in controlling these types of fraudulent activities. The Bench of Justice Shekhar Kumar Yadav expressed its displeasure "with the efforts being made by the police authorities with regard to …

Allahabad High Court Dismisses PIL For Prosecution Of Errant State Officials Whose Alleged Failure Resulted In Massive Covid-19 Deaths
3 years, 7 months ago

Allahabad High Court Dismisses PIL For Prosecution Of Errant State Officials Whose Alleged Failure Resulted In Massive Covid-19 Deaths

Live Law  

The Lucknow Bench of the Allahabad High Court has dismissed a PIL seeking action against Government authorities, including CM Yogi Adityanath's 'Team-11' and other health authorities, for failing to provide adequate medical facilities amid the Covid-19 pandemic. A Division Bench comprising of Justices Ramesh Sinha and Rajeev Singh dismissed the plea as non-maintainable and granted liberty to the Petitioner to …

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 …

Allahabad High Court Imposes Rs 10K Cost On Plea For Speedy Disposal Of Bail Application Which Was Not Filed
4 years ago

Allahabad High Court Imposes Rs 10K Cost On Plea For Speedy Disposal Of Bail Application Which Was Not Filed

Live Law  

The Bench of Justice Ravi Nath Tilhari and Justice Manoj Kumar Gupta dismissed the plea while noting, " is praying for a direction for speedy disposal of the bail application when the petitioners are not in jail, nor any bail application at their behest is pending before any court of law." The Prayer of the Plea The relief claimed in …

Unfortunate That Clients Suffer When Bar Members Abstain From Judicial Work Creating Backlog Of Cases: Allahabad High Court
4 years, 1 month ago

Unfortunate That Clients Suffer When Bar Members Abstain From Judicial Work Creating Backlog Of Cases: Allahabad High Court

Live Law  

"It is unfortunate that clients are suffering for cases which can easily be disposed of but for the reasons that the Members of Bar have been abstaining from judicial work creating a backlog of cases", the Allahabad High Court observed on Monday. Perusing the same, the Court said, "From the perusal of the same, it indicates that for various reasons, …

"Court Is Functioning Under Compelling Circumstances":Allahabad HC Dismisses Husband's Plea To Quash FIR Filed For Causing Injuries To Wife With Cost [Read Order]
4 years, 2 months ago

"Court Is Functioning Under Compelling Circumstances":Allahabad HC Dismisses Husband's Plea To Quash FIR Filed For Causing Injuries To Wife With Cost [Read Order]

Live Law  

The Allahabad High Court recently dismissed a plea with cost. The Bench of Justice Pankaj Naqvi and Justice Sanjay Kumar Pachori also expressed its anguish over the filing of this petition and noted that the Court was functioning under compelling circumstances wherein both Bar and Bench are putting their life at stake. It may be noted that on account of …

Charge Under IPC Can Continue Even If Sanction In Respect Of Offence Under Prevention Of Corruption Act Is Not Forthcoming: SC [Read Order]
4 years, 4 months ago

Charge Under IPC Can Continue Even If Sanction In Respect Of Offence Under Prevention Of Corruption Act Is Not Forthcoming: SC [Read Order]

Live Law  

The Supreme Court has observed that the charge against an accused for offence punishable under the Indian Penal Code can continue irrespective of the fact that sanction in respect of offence punishable under Prevention of Corruption Act,is not forthcoming.The bench comprising of Justice AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna agreed with the view taken by Jharkhand High Court. The …

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