Allahabad High Court

13th Feb, 2024

Disputed questions of facts cannot be adjudicated under Section 11(6) of A&C Act

  The Hon’ble Allahabad High Court vide its judgment dated 19.01.2024 in the matter of “M/s. Neelkanth Construction vs. Union of India & Ors.” had the occasion to deal with whether disputed or debatable questions […]
15th Jun, 2021

Not mentioning date of service of demand notice in the complaint is not fatal to case under Section 138, Negotiable Instruments Act 1881

In the matter of Anil Kumar Goel v. State of UP & Anr. (No. 14190/2014) decided by the Allahabad High Court on 07.06.2021 FACTS: The Respondent No. 2 in the present case presented the cheque […]
27th Sep, 2019

A housing society formed by and for individual flat owners, who in real terms own the property and who form themselves into a society so that services for maintenance and upkeep of the property, etc., could be availed of by them in a more systematic manner. Such society, in an ordinary case, can never be termed as an industry.

The Allahabad high Court in the matter of Arun Vihar Residents Welfare Association G.B. Nagar vs. State of UP (WP [C] 51047/2012), published on 16.09.2019, held that when personal services are rendered to members of […]
26th Nov, 2018

Section 24 of CPC cannot be invoked to transfer proceedings instituted under a Special Act like the Motor Vehicles Act, 1988

The Allahabad High Court recently held that Section 24 of CPC shall have no applicability to a motor accident claim petition pending before a Motor Accident Claims Tribunal. The judgment was passed by the Allahabad […]
12th Apr, 2018

Divorce Decree under Mutual Consent is appealable

The Allahabad High Court has held that Divorce decree by consent is also appealable if the consent is disputed and is alleged to be not free & bonafide in the absence of inquiry by court. […]
19th Apr, 2016

Rule of estoppel does not apply to proceedings under Section 13-B of Hindu Marriage Act #indianlaws

When a decree of divorce is sought under Section 13 of the Act, in view of compromise between the petitioner and the respondent, estoppel cannot operate against the Respondent. Rule of estoppel is a rule […]
2nd Jun, 2015

Writ of certiorari against MACT is maintainable #indianlaws

The High Court has power of an appeal against the award of the tribunal, under section 173 of the Motor Vehicles Act filed by a person aggrieved but that would not mean that against an […]
22nd Feb, 2015

Definition of Machinery for the purpose of Sales Tax Act

The question of law raised was as to whether “Hydraulic Excavator” is a machine under Entry 2 or motor vehicle under Entry 13 of the Schedule attached to Act, 2007?
11th Feb, 2015

Financier is liable to pay road tax of vehicle repossessed.

In the event of vehicle repossessed by the financer on account of non-payment of EMI’s, it would be financier’s liability to pay the tax liability towards road tax and penalty, as applicable.
24th Nov, 2014

Rent of a building ordinarily includes charges, if any, paid towards fixtures and fittings

Rent is the consideration paid for use and occupation of property and in broader sense, it is the compensation or fee paid, usually periodically, for the use of the rented property, land, buildings, equipment and […]
3rd Nov, 2014

Provisions of RFCTLARR Act 2013 will be applicable to National Highways Act 1956 #indianlaws

Section 105(3) of the 2013 Act in the event of Central Government issuing a notification, the same will have a binding effect on the authorities under the National Highways Act, 1956.
3rd Nov, 2014

Applicability of Section 6 of the General Clauses Act relating to effect of repeal of 1894 Act is subject to S. 24(2) of 2013 Act

Under Section 24(2) land acquisition proceedings initiated under the 1894 Act, by legal fiction, are deemed to have lapsed where award has been made five years or more prior to the commencement of 2013 Act […]