Allahabad High Court

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 […]
3rd Nov, 2014

Lapse of Acquisition under the L A ACT1894 does not preclued the Authorities to initiate fresh proceedings under the RFCTLARR 2013

Quashing of the notifications for acquisition of the land would not come in the way of the Authorities in acquiring the land of the petitioners under the provisions of the Right to Fair Compensation and […]
21st Aug, 2014

Revisional Powers of High Court or Sessions Judge exercisable if impugned order intermediate or quasi final #indianlaws

Any order which substantially affects the rights of the accused, or decides certain rights of the parties cannot be said to be an interlocutory order so as to bar a revision to the High Court […]
9th Jun, 2014

No award made under Section 11 of the 1894 Act – Compensation to be determined as per 2013 Act #indianlaws

Section 24(1)(a) of the 2013 Act provides that if no award under Section 11 of the 1894 Act has been made then all provisions of 2013 Act relating to determination of COMPENSATION ONLY shall apply