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Allahabad High Court

S. 138 NI Act: In absence of specific allegations about the applicant, he cannot be prosecuted

March 14, 2022 3405 Views 0 comment Print

High Court held that in absence of specific allegations about the applicant he cannot be prosecuted for any offence under section 138 N.I. Act (Cheque Bounce Case).

GST Registration not cancellable by merely describing the firm as ‘bogus’

March 14, 2022 14415 Views 0 comment Print

GST registration once granted could be cancelled only if one of the five statutory conditions was found present. Per se, no GST registration may be cancelled by merely describing the firm that had obtained it, was ‘bogus’.

GST Evasion: No anticipatory bail for an offence which is bailable

March 13, 2022 3606 Views 0 comment Print

Allahabad High court held that granting of anticipatory bail does not arise for an offence which is bailable and a direction for the same can be issued only in respect of non-bailable and cognizable offences, the present anticipatory bail application deserves rejection and, accordingly, it is rejected.

UP Excise Act | section 72(7) | Civil Appeal required to be decided by District Judge

March 12, 2022 14031 Views 0 comment Print

Yashpal Vs State of U.P. and Another (Allahabad High Court) clause (e) of sub-Section (1) of Section 72 of U.P. Excise Act, 1910 provides that whenever an offence is punishable under this Act, every animal, cart, vessel or other conveyance used in carrying such receptacle or package shall be liable to The power of confiscation […]

Magistrate cannot release the vehicle during confiscation proceedings under U.P. Excise Act

March 9, 2022 21159 Views 0 comment Print

Akhilesh Kumar Vs State of U.P. (Allahabad High Court) Question before the court is whether during confiscation proceedings under section 72 of U.P. Excise Act, the Magistrate is empowered to release the vehicle. In case of (Nand vs. State of U.P.) 1997 (1) AWC 41 and (Rajeev Kumar Singh vs. State of U.P. and ors) […]

2 courts can have jurisdiction over arbitration application: HC explains the term ‘seat’ or ‘venue’

March 4, 2022 20079 Views 0 comment Print

Hasmukh Prajapati Vs Jai Prakash Associates Ltd. (Allahabad High Court) Facts- There was a dispute between the Petitioner and the Respondent with regard to payments in respect of an apartment. When the matter reached the stage of Arbitration, the Petitioner claimed that, as per the agreement, in case of any dispute arising between the parties, […]

Recovery Officer of Bank cannot continue Auction Sale if dues are Paid before Sale

March 1, 2022 2976 Views 0 comment Print

The BOB had already received the entire amount and, written an application to the Recovery Officer for cancellation of the sale process, but despite that the Recovery Officer had proceeded to confirm the sale wholly illegally and unauthorizedly.

Better to Abolish Tribunals If Govt cannot Appoint Presiding Officer/Chairman In DRT/DRAT

February 13, 2022 951 Views 0 comment Print

Canara Bank/Assets Recovery Mgmt. Branch Vs Debts Recovery Tribunal (Allahabad High Court) 1. Notices in Writ A No.682 of 2022 on behalf of respondent Nos.2 and 3 has been accepted by Mr.Amarjeet Singh Rakhra, Advocate and Mr. Rakesh Srivastava, Advocate respectively. learned Additional Chief Standing Counsel. Notices in Writ C No.692 of 2022 on behalf […]

Assessment order cannot be issued without giving an opportunity of being heard and is against the principles of natural justice

February 9, 2022 7077 Views 0 comment Print

HC held that the Revenue Department cannot issue assessment orders without giving the assessee an opportunity of being heard and is against the principles of natural justice. Further, remanded back the matter to be heard as a fresh case.

Motor Accident Claim – Fixing of 15K as Notional yearly Income for Non-Earning Member is Unreasonable: HC

January 17, 2022 7263 Views 0 comment Print

Roop Lal and another Vs Suresh Kumar Yadav (Allahabad High Court) This is a claimants appeal, claiming enhancement of award for the death of a child who was 07 years of age at the time of his death. Learned counsel for the appellants has submitted that deceased was a brilliant student and he had very […]

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