Vineet Dubey

Negligence of the State Can’t deny the right of Employee, Orders to pay Pension and Gratuity under the Old Scheme: Allahabad High Court

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The Allahabad High Court has held that the consequences of administrative delay or negligence on the part of the State cannot be imposed upon an employee, particularly when the employee’s right had already crystallized under the applicable service rules. While deciding a writ petition concerning entitlement to pension and gratuity under the Old Pension Scheme, … Read more

Addition u/s 56(2)(viib): Validity of DCF Method and Differential Premium – Tribunal Reiterates Binding Effect of Jurisdictional High Court Rulings

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ITAT Delhi: Intermesh Shopping Network Pvt. Ltd. vs. ITO, Ward-12(3), Delhi ITA No.1587/Mum/2024 Order dated 1 December, 2025 ( AY 2016-17) The Delhi Bench of the Tribunal Evaluated whether a large addition under section 56(2)(viib) could be maintained where the assessee had issued shares at different premiums to different investors and had relied upon a … Read more

Action under GST Unsustainable in Absence of Adverse Material, Quashed Proceedings Against Transporter: Allahabad High Court

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The Allahabad High Court has held that the Goods and Services Tax (GST) authorities cannot proceed against a transporter in the absence of any adverse material establishing his involvement in tax evasion. Once the actual owner of the goods is identified and recovery proceedings are undertaken against such owner, mere shortage of goods cannot justify … Read more

Digital fraud in ration distribution is not a mistake, but a pre-planned scam: Allahabad High Court

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The Allahabad High Court, while delivering a significant judgment on serious allegations of manipulation in the public distribution system, has dismissed the petition filed by a fair price shop dealer from Ghaziabad. The Court did not accept the explanation that the ration for 697 cardholders was withdrawn using only three Aadhaar numbers due to technical … Read more

Recovery order unjustified in the absence of clear signs of fraud: Allahabad High Court

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In a significant and pragmatic ruling on the issue of redesignation from Deputy Librarian to Librarian and its impact on pay scale and retirement age, the Allahabad High Court has held that recovering salary benefits after 17 years of service is not justified, especially when there is no indication of fraud by the employee. Justice … Read more

Minority status to an institution alone can’t nullify TET recognition: Allahabad High Court

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The Allahabad High Court has dismissed the petition filed by Deep Maglina, an assistant teacher from Moradabad, accused of securing her appointment on the basis of a forged TET certificate. The Court held that any appointment obtained through forged documents is void ab initio and a person appointed on such basis has no right to … Read more

Court acquitted the accused in 1996 Ghaziabad Bus Blast Case, ‘With a Heavy Heart’: Allahabad High Court

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The Allahabad High Court has set aside the conviction of Mohammad Ilyas who was serving a life sentence for the 1996 bomb blast in a roadways bus at Modinagar, Ghaziabad, observing that the trial court had erroneously relied on an inadmissible confession recorded by the police. A Division Bench of Justice Siddharth and Justice Ram … Read more

Court criticized poorly drafted petitions filed by self-represented litigants: Allahabad High Court

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The Allahabad High Court has dismissed a defective petition filed by a litigant appearing in person, observing that such cases repeatedly pose serious difficulties for the court, as the petitions are neither drafted in accordance with the law nor contain the essential factual foundation. These remarks were given by Justice Saurabh Shyam Shamshery while hearing … Read more

Injuries prove the presence, not the truthfulness, of the testimony : Allahabad High Court

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  The Allahabad High Court has dismissed the criminal appeal challenging the acquittal of three accused persons in a 2018 assault case, holding that while the testimony of an injured witness generally carries high evidentiary value, the principle does not apply when the accused is also injured or when the testimony is inconsistent with medical … Read more

MSHRC Recommendations Ignored, Violating Victims’ Constitutional Rights: PIL Reaches Bombay High Court

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A new Public Interest Litigation has been filed before the Bombay High Court, Bombay, questioning the Maharashtra government’s long-standing indifference towards victims of human rights violations. Practicing Advocate Satyam Atul Surana who has filed the instant petition as the petitioner in person, describes the issue as a “serious failure & travesty of justice,” pointing to … Read more