Tags : Act, Operation, Delay
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SC: Facts Relevant for Grant of Relief Gives Rise of Cause of Action(15.03.2023)
Supreme Court while explaining concept of cause of action under Article 226 of Constitution, has observed that only those facts, which are relevant to.....
Tags : Supreme Court, Cause of Action, Facts
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No machinery in Finance Act, 1994 to levy and assess service tax on indivisible composite works contracts(20.08.2015)
A composite works contract should be bifurcated and ascertained before being taxed, but the same is not provided for in the Finance Act, 1994. The Cou.....
Tags : Service tax, composite contract, gross amount
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All. HC: S.388 Allows Appeal Against Order of Inferior Court to District Judge(01.12.2023)
Allahabad High Court has held that proviso to Section 388(2) of the Succession Act creates an exception by providing that an appeal from any order of .....
Tags : Allahabad High Court, Appeal, District Judge, Succession Act
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Supreme Court Grants Four Weeks Time to Centre for Reply in Citizenship Amendment Act Hearing(22.01.2020)
Supreme Court has granted four weeks to the Central Government to respond to 140 Writ Petitions filed for challenging the constitutional validity of t.....
Tags : Supreme Court, Citizenship Amendment Act
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Del. HC: Obtaining of Voice Samples of Accused Must be in Compliance with Telegraph Act(08.12.2023)
Delhi High Court while referring to Supreme Court’s judgment in Ritesh Sinha v. State of Uttar Pradesh (MANU/SC/1023/2019; 2019/INSC/855), has held th.....
Tags : Delhi High Court, Telegraph Act, Voice Samples
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Plaintiff Entitled To Specific Performance of Contract If He Sticks to Terms of Contract: Kerala HC(14.12.2017)
Kerala High Court has held that a plaintiff is entitled to specific performance of contract only if he sticks to the original terms of the contract.
Tags : Kerala High Court, Contract
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SC: Merely Having Explicit Clause Not Sufficient to Make Time Essence of The Contract(15.11.2021)
Supreme Court has observed that merely having an explicit clause may not be sufficient to make time the essence of the contract. The contractual claus.....
Tags : Supreme Court, Time Essence of Contract
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Committee for examining applications under Rule 10VA notified(23.05.2016)
The Central Board of Direct Taxes noticed several Commissioners of Income Tax as Committee examine and opine on cases in respect of offshore funds fun.....
Tags : offshore fund, manager, approval, finance act 2015
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Goods & Service Tax-Gujarat HC Released Seized Vehicle as Notice do not Comply Requirements of S. 129(28.03.2019)
The Gujarat High Court has granted an interim order allowing release of the vehicle seized by the GST department under Sections 129 and 130 of the CGS.....
Tags : Gujarat HC, GST Act, Sections 129 and 130 of the CGST Act
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Allahabad HC Directs UP Bar Council to Take Disciplinary Action Against Striking Lawyers(17.02.2022)
Allahabad High Court has directed the Uttar Pradesh Bar Council to take disciplinary action against striking lawyers at Uttar who continuously abstain.....
Tags : Allahabad High Court, Disciplinary Action Against Striking Lawyers
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Madras HC: Tobacco is Not ‘Food Product’, No Action Can Be Taken Against Manufactures Under FSSAI Act(20.06.2017)
Madras High Court has observed that tobacco is not a food product for purpose of Food Safety and Standards Act and no proceedings can be initiated aga.....
Tags : Madras High Court, ood Safety and Standards Act
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Andhra Pradesh High Court: Executed Power Contracts Cannot be Renegotiated(16.03.2022)
Andhra Pradesh High Court has held that executed power contracts cannot be renegotiated and asked the state to clear dues estimated at Rs 30,000 Crore.....
Tags : Andhra Pradesh High Court, Power Contracts
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SC: Solatium Under 2013 Act Has to be Calculated on Market Value Plus Value of Assets Attached Land(19.07.2019)
Supreme Court has observed that solatium as contemplated under Section 30(1) of Right to Fair Compensation and Transparency in Land Acquisition, Rehab.....
Tags : SC, 2013 Act
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CESTAT: No Provision in Cenvat Credit Rules to Allow Cash Refund of Cess in Cenvat Credit Balance(06.05.2024)
Delhi Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has held that there is no provision in the Cenvat Credit Rules, 2004 or in .....
Tags : CESTAT, Cenvat Credit Rules, Central Excise Act, Cenvat credit
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DIRECT TAXATION - Salary Recd. By Missionaries/Nuns Subject To TDS Under Section 192 of IT Act: Madras HC(25.03.2019)
Madras High Court has ruled that Canon Law does not bind Income Tax Act and so salaries received by missionaries and nuns of Catholic Church for teach.....
Tags : Madras High Court, Tax Deduction at Source, Section 192 of the Act
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SC Issues Notice in Plea Challenging Constitutional Validity of S. 18 of Transgender Act(21.01.2022)
Supreme Court has issued notice to the Union Government in a writ petition filed challenging the Constitutional validity of Section 18 of the Transgen.....
Tags : Supreme Court, Constitutional Validity of S. 18 of Transgender Act
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SC: States to Inform About Steps Taken to Regularise Special Teachers Engaged on Contractual Basis(14.03.2024)
Supreme Court has asked all the States to disclose information regarding the steps taken in order to regularise the services of special teachers engag.....
Tags : Supreme Court, Contractual Basis, Regularise
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Plan of action by the Government to stabilise GDP(16.03.2021)
Fiscal Deficit for the Financial Year 2021-22 is estimated at 6.8 per cent in BE 2021-22. This was stated by Shri Anurag Singh Thakur, Union Minister .....
Tags : Action plan, GDP
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Delhi HC Denies to Quash FIR against Contractor(02.08.2016)
Delhi HC has denied to quash a criminal case against a contractor whose alleged negligence in adopting safety measures at a construction site had led .....
Tags : Delhi HC, Contractor
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Jharkhand HC Upholds Fine Imposed on State Govt for Providing Late Information Under RTI Act(11.02.2022)
Jharkhand High Court has upheld the fine of INR 60,000 imposed by the State Information Commissioner on the concerned department of the State governme.....
Tags : Jharkhand High Court, Late Information Under RTI Act
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Supreme Court Mandates Prior Sanction to Prosecute Officers Under SC/ST Act(21.03.2018)
Supreme Court has introduced safeguards to prevent misuse of the SC/ST (Prevention of Atrocities) Act, 1989 against officers who deal with the complai.....
Tags : Supreme Court, SC/ST Act
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Tripura HC: Conviction Only on Presumption Under POCSO Act Would Offend Articles 20(3), 21(05.04.2021)
Tripura High Court has held that the conviction of an accused only on the basis of presumption under sections 29 and 30 of the Protection of Children .....
Tags : Tripura High Court, Conviction Only on Presumption Under POCSO Act
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Madhya Pradesh HC: If Efficacious Remedy Available Before Arbitrator Writ Will Not be Maintainable(15.04.2024)
Madhya Pradesh High Court has held that if an efficacious contractual remedy is available before the Arbitrator then the writ petition will not be ent.....
Tags : Madhya Pradesh High Court, Contractual Remedy, Writ Petition
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Madras HC: Why Rules not Framed for Salons, Spas(14.09.2016)
Madras HC has directed Central and State Governments to answer queries, including why rules to regulate such salons/spas have not been framed when TN .....
Tags : Madras HC, Salons, Spas, TN Private Clinical Establishments (Regulation) Act
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Karnataka Govt Passes Amendment Act to Provide Horizontal Reservation for Karnataka Students(05.05.2020)
Karnataka Government has given the assent to the National Law School of India (Amendment) Act, 2020, whereby National Law School of India, Bengaluru s.....
Tags : Karnataka Government, National Law School of India (Amendment) Act, 2020
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Madras HC Orders Compensation for 7 Women who Lost Vision(10.10.2016)
Madras HC has directed State Government to pay a compensation of Rs.3 lakh each to seven women who lost vision in one of their eyes after a cataract s.....
Tags : Madras HC , State, compensation , cataract surgery
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AP HC Passes Interim Order Suspending Holding of Practical Exams in Jumbling Method(11.03.2022)
Andhra Pradesh High Court has given an interim order suspending the order of the Government of A.P. to hold practical examinations in jumbling method,.....
Tags : Andhra Pradesh High Court, Holding of Practical Exams in Jumbling Method
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SC Declares WB-HIRA Act Repugnant to Parliamentary Law of RERA Act, 2016(05.05.2021)
Supreme Court has declared the West Bengal Housing Industry Regulation Act of 2017 (WB-HIRA) “repugnant” to the Parliamentary law of Real Estate (Regu.....
Tags : Supreme Court, West Bengal Housing Industry Regulation Act, 2017
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Calcutta HC: Reasons Recorded in 142(1) Notice Not Existing at Issue of Re-Assessment Notice(05.04.2022)
Calcutta High Court has observed that the reasons mentioned in the notice under Section 142(1) and Section 147 of the Income Tax Act, 1961 were not ex.....
Tags : Calcutta High Court, Section 142(1), Section 147 of the Income Tax Act, 1961, re-assessment notice
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Bombay HC Rules ‘Court Cannot Ignore Illegal Detention’(04.11.2016)
Bombay High Court, while granting bail to a Gondia man arrested for murder and cases under Arms Act and SC/ST Act, has said that court can’t turn Nels.....
Tags : Bombay High Court, Arms Act, SC/ST Act, illegal detention
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Allahabad HC: Compliance of Pre-Deposit Mandatory Under RERA Act Before Entertainment(18.04.2022)
Allahabad High Court has ruled that the statutory compliance of a pre-deposit under Section 43(5) of the Real Estate (Regulation and Development) Act,.....
Tags : Allahabad High Court, Section 43(5) of the Real Estate (Regulation and Development) Act, 2016, Appellate Tribunal
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Meghalaya HC: Petition u/s 482 CrPC Challenging Domestic Violence Act Proceedings Maintainable(10.03.2021)
Meghalaya High Court has held that petition under Section 482 of the Code of Criminal Procedure, 1973 before it challenging Domestic Violence Act, 200.....
Tags : Meghalaya High Court, Domestic Violence Act Proceedings
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Kar. HC: Revision Petition Against Order Passed u/s 148(3) of NI Act Not Maintainable Before HC(12.03.2024)
Karnataka High Court has held that a revision petition filed for release of interim compensation against an order under Section 148 (3) of the Negotia.....
Tags : Karnataka High Court, Interim Compensation, Section 148(3) of NI Act
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Punjab & Haryana HC: Mere 'Apprehension' of Malpractice Not Sufficient to Investigate University(04.03.2020)
Punjab and Haryana High Court has dismissed a Petition filed by a student levelling allegations of malpractice in the evaluation of examination by Kur.....
Tags : Punjab & Haryana High Court, 'Apprehension' of Malpractice
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SC Says, Our View Not Enough to Render Punjab Termination of Agreements Act, 2004 Invalid(10.03.2016)
Supreme Court has clarified that its ruling on the Presidential Reference on validity of Punjab Termination of Agreements Act, 2004, would not render .....
Tags : Supreme Court, Punjab Termination of Agreements Act, 2004
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Willful Defaulter under RBI Act can’t be represented through Advocate/CA: Madhya Pradesh HC(02.04.2019)
Madhya Pradesh High Court has held that a ‘willful defaulter’ under Reserve Bank of India (RBI) Act cannot be represented through the lawyers or Chart.....
Tags : Madhya Pradesh High Court, Willful Defaulter, RBI Act
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JKL HC: Threat to Public Health is Ground for Detention(13.02.2023)
Jammu and Kashmir and Ladakh High Court has held that merely because detaining Authority among other grounds has also observed that activities of dete.....
Tags : Jammu and Kashmir and Ladakh High Court, Detention, PIT-NDPS Act
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Delhi HC: Daughter-in-law Can Seek Maintenance From Father-in-law if Inherited Husband's Estate(11.05.2022)
Delhi High Court by dismissing a plea filed by a widowed daughter-in-law and grand-daughter under section 19 of the Family Court Act, 1984 has ruled .....
Tags : Delhi High Court, Family Court Act, 1984, section 19, father-in-law, daughter-in-law, inherited
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State Governments have power to levy sales tax on value of material in execution of the works contract(28.08.2017)
In facts of present case, in the year 1954, the State Government of Rajasthan enacted Rajasthan Sales Tax Act in order to tax the sales and purchase o.....
Tags : Works contract, Exemption, Entitlement
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Rajasthan HC: Concrete Action Plan is Required From State to Curb Child Labour Activities(08.06.2022)
Rajasthan High Court while hearing PIL to institutionalise effective machinery and mechanism for rescue and post rescue rehabilitation of all child la.....
Tags : Rajasthan High Court, Child Labour, Action Plan
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Ker. HC: Before Starting Work on Highways, Alternatives Should be Provided to Commuters(03.07.2024)
Ker. High Court has observed that, although the development activities by the National Highways Authority of India are most imperative, it cannot be d.....
Tags : Kerala High Court, NHAI, Development Activities
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SC Issues Notice to J&K Traders Who Challenged Sarfaesi Act(03.11.2015)
SC on special leave petition challenging judgment of J&K HC, which ruled that Securitization and Reconstruction of Financial Assets and Enforcement of.....
Tags : SC, J&K HC, Sarfaesi Act
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Uttarakhand HC: Application For Child’s Custody Under DVA No Embargo to Application Under GWA(18.07.2017)
Uttarakhand High Court has ruled that pendency of an application for child’s custody under Section 23 of Domestic Violence Act cannot create an embarg.....
Tags : Uttarakhand High Court, Guardians and Wards Act
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SC: Arbitrator Can Award Pendente Lite Interest if Not Barred Under Contract(20.03.2023)
Supreme Court has held that unless there is a specific bar under the contract, Arbitrator can award pendente lite interest in view of Section 31(7)(a).....
Tags : Supreme Court, Pendente Lite, Arbitrator, Contract
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Medical examination of insuree is responsibility of insurance company(28.07.2015)
On a failure to conduct a medical examination of an insuree-applicant by the insurance company, the fault lies on the part of the insurance company. I.....
Tags : medical, insurance, concealment of fact
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Himachal Pradesh HC Issues Notice on Plea Restraining State Government from Paying Income Tax of MLAs(29.03.2022)
Himachal Pradesh High Court has issued a notice to the state government on a plea challenging the provisions of the Himachal Pradesh Legislative Assem.....
Tags : Himachal Pradesh High Court, State Government, Himachal Pradesh Legislative Assembly (Allowances & Pension of Members) Act, 1971, Salaries & Allowances of Ministers (Himachal Pradesh) Act, 2000
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SC: Consumer Commission Can’t Decide High Disputed Facts or Case Involving Criminal/Tortious Acts(29.03.2023)
Supreme Court has held that proceedings before Consumer Commission being summary in nature, complaints involving highly disputed questions of facts or.....
Tags : Supreme Court, Consumer Commission, Disputed Facts
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Supreme Court Issues Notice on Challenge to Haryana Backward Classes Act, 2016(19.02.2018)
Supreme Court has issued notice on the prayer for interim relief, returnable in four weeks, against the Punjab and Haryana High Court’s order, refusin.....
Tags : Supreme Court, Haryana Backward Classes Act
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JH HC: Accused Must be Granted Time to Show Mitigating Factors in Hearing Related to Death Penalty(02.11.2023)
Jharkhand High Court has held that in every case where the statute provides death penalty the Court must adjourn “further” hearing on sentence after c.....
Tags : Jharkhand High Court, Death Penalty, Mitigating Factors
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Minimum amount for repatriating ACU transaction amounts reduced(26.05.2016)
Minimum amounts and multiple in which the Reserve Bank of India will receive and pay for funding or repatriating excess liquidity in the Asian Clearin.....
Tags : asian clearing union, transactions, minimum, multiple
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Kerala High Court Extends Interim Orders, Interim Bails, Orders u/s 138 NI Act(04.06.2021)
Kerala High Court has extended the interim orders granted on 19th May, 2021, till 15th June, 2021, including orders relating to Section 138 of the Neg.....
Tags : Kerala High Court, Extension of Interim Orders, Interim Bails, Orders u/s 138 NI Act
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ITAT, Bangalore: Assessee Couldn’t Submit Evidence for Payment of Brokerage for Sale of Property(29.04.2022)
Income Tax Appellate Tribunal, Bangalore has permitted 1% of the sale consideration as brokerage for the sale of the property since the assessee could.....
Tags : Income Tax Appellate Tribunal, brokerage, Income Tax Act, 1961, assessee
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Del. HC: IT Addition Eligible for Deduction u/s 80-IC of IT Act if Made Towards Unsub. Share Capital(04.04.2024)
Delhi High Court has held that Income Tax Addition are eligible for deduction under Section 80-IC of the Income Tax Act, 1961 if they are made towards.....
Tags : Delhi High Court, Section 80-IC of IT Act, Income Tax Addition, Unsubstantiated Share Capital
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CIVIL - Delhi HC Stays JNU Decision Barring Elected Students from Attending Committee Meetings(28.03.2019)
Delhi High Court has stayed the resolution of Executive Committee of Jawaharlal Nehru University (JNU) which had restrained elected students from atte.....
Tags : Gujarat HC, GST Act, Sections 129 and 130 of the CGST Act
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Gujarat HC: To Prosecute Person Under SC/ST Act, Accused Should Have Knowledge of Caste(18.02.2022)
Gujarat High Court has held that to prosecute a person under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, it must b.....
Tags : Gujarat High Court, Prosecution Under SC/ST Act
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#GST: Six Sections of IGST Act Comes Into Force Tomorrow(21.06.2017)
Central Government has notified that six sections (1, 2, 3, 14, 20, 22) of Integrated Goods and Services Tax (IGST) Act will be implemented from 22nd .....
Tags : Goods and Services Tax, GST, IGST Act
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P&H HC Issues Notice on Plea Seeking CBI Probe Into Alleged Illegal Mining Activities at Dadam(23.03.2022)
Punjab and Haryana High Court has issued a notice to the Haryana government on a plea seeking Central Bureau of Investigation probe into the alleged i.....
Tags : Punjab and Haryana High Court, Alleged Illegal Mining Activities at Dadam
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Kerala HC Directs Government to Frame Rules Under Shariat Act(13.07.2018)
Kerala High Court has directed the State Government to frame rules under Section 4 of Muslim Personal Law(Shariat) Application Act 1937.
Tags : Kerala High Court, Shariat Act
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Karnataka HC: Only Indian Citizens Can Start Proceedings Under Senior Citizens Act(31.03.2022)
Karnataka High Court has observed that only Indian Citizens can initiate proceedings under the Maintenance and Welfare of Parents and Senior Citizen A.....
Tags : Karnataka High Court, Maintenance and Welfare of Parents and Senior Citizen Act, 2007
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Gadchiroli Court Awards Life Term to DU Professor, Four Others For Aiding & Abetting Naxal Activities(08.03.2017)
A District Court in Gadchiroli has sentenced wheelchair-bound Delhi University professor G N Saibaba and four others to life imprisonment under variou.....
Tags : Gadchiroli Court, DU Professor, Naxal Activities
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Allahabad HC Directs Govt Not to Initiate Any Recoveries/ Coercive Action Till April 6(19.03.2020)
Allahabad High Court has directed the Uttar Pradesh Government not to take any coercive action against any individual that may force them to approach .....
Tags : Allahabad High Court, Coercive Action
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Bombay High Court: Can’t Use Senior Citizenship Act as Machinery to Settle Property Disputes(11.04.2024)
Bom. HC has held that provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot be used as machinery for settling property.....
Tags : Bombay High Court, Senior Citizenship Act, Property Disputes
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SC: Doctor Can't Be Punished Under Drugs & Cosmetics Act for Storing Small Quantities of Medicines(17.03.2023)
Supreme Court has held that a doctor's act of storing small quantities of medicines will not amount to an offence of unauthorized stocking of medicine.....
Tags : Delhi Supreme Court, Drugs and Cosmetics Act
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ITAT, Mumbai: LTCG on Penny Stock Transaction Cannot be Denied Exemption(15.03.2022)
Income Tax Appellate Tribunal, Mumbai has ruled that long term capital gains arising from a penny stock transaction cannot be denied exemption under t.....
Tags : Income Tax Appellate Tribunal, LTCG on Penny Stock Transaction
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Delhi HC Grants Permanent Injunction Against Now Banned Club Factory Website(29.03.2022)
Delhi High Court has decided permanent injunction against a China based portal, Club Factory, that was banned amid pandemic by the Indian Government, .....
Tags : Delhi High Court, Trademark Infringement, Permanent Injunction, Club Factory
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Chhattisgarh HC bar University From Replacing Guest Lecturer Except by Way of Regular Appointment(05.05.2022)
Chhattisgarh High Court has reiterated that because a person is selected as a Guest Lecturer at a college or a University, doesn’t mean that he/she do.....
Tags : Chhattisgarh High Court, contractual appointments, legitimate expectation, Guest Lecturer, complaint
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SC: Approver Need Not be Examined as Witness When Cognizance Taken by Special Court Under PC Act(16.06.2023)
Supreme Court has held that question of Approver being examined as a witness by the magistrate does not arise when Special Court chooses to take cogni.....
Tags : Supreme Court, Approver, Witness, Prevention of Corruption Act
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Comprehensive Risk Management Framework for National Commodity Derivatives Exchanges(01.10.2015)
With effect from 28 September, 2015, all recognized associations under the Forward Contracts (Regulation) Act, 1952 are deemed to be recognized stock .....
Tags : Risk management, forward contract, stock exchange
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Delhi HC Directs Police Not to Take Coercive Steps Against Founder of Fact-Checking Website(10.09.2020)
Delhi High Court has directed police not to take any coercive steps against a founder of a fact-checking website for allegedly threatening and torturi.....
Tags : Delhi High Court, Coercive Steps Against Founder of Fact-Checking Website
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SC Upholds Rejection of S. 8 Application as Reliefs Claimed Fell Outside the Arbitration Clause(03.05.2023)
SC while upholding the rejection of an application filed under Section 8 of Arbitration and Conciliation Act, 1996 observed that the cause of action o.....
Tags : Supreme Court, Arbitration, Section 8 of A&C Act
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DIRECT TAXATION - Addition for Unexplained Share Capital and Share Premium Can’t be Made Prior to 2013 Amendment: ITAT(27.03.2019)
Income Tax Appellate Tribunal (ITAT) has held that addition in respect of share capital and premium by treating the same as unexplained cannot be made.....
Tags : Income Tax Appellate Tribunal, ITAT, Income Tax Act, 1961
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SC Issues Notice Seeking Effective Implementation of Mandate of S. 4 of RTI Act(21.01.2022)
Supreme Court has issued notice in a Writ Petition seeking effective implementation of the mandate of Section 4 of the Right to Information Act, 2005 .....
Tags : Supreme Court, Implementation of Mandate of S. 4 of RTI Act
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Bombay HC: Proceedings Related to SC/ST Act Must be Video Recorded Even if Held in Open Court(14.03.2024)
Bombay High Court has held that it would be necessary to video record any proceeding relating to the Scheduled Castes and Scheduled Tribes (Prevention.....
Tags : Bombay High Court, SC/ST Act, Video Record
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Madras HC: Cutting Cake Iced Like National Flag Not an ‘Insult’(22.03.2021)
Madras High Court has held that cutting of a cake that is iced like the National Flag will not amount to an 'insult' to attract the offence under Sect.....
Tags : Madras High Court, Prevention of Insults to National Honour Act, 1971
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Lok Sabha Passes Bill to Amend Mines, Minerals Act(17.03.2016)
Lok Sabha has passed a bill to amend the Mines and Minerals Act to allow transfer of captive mining leases not granted through auction.
Tags : Mines, Minerals Act
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Section 50C can’t be Applied When Property Sold Under Pressure: ITAT(05.04.2019)
Income Tax Appellate Tribunal (ITAT), Chennai bench has held that the provisions of Section 50C of the Income Tax Act, 1961 cannot be applied when the.....
Tags : ITAT, Chennai Bench, Section 50 C Income Tax Act
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Delhi High Court Held That Findings of Fact Recorded by ITAT, Cannot Be Interfered(08.03.2022)
Delhi High Court has observed that in an appeal to the High Court under Section 260A of the Income Tax Act, 1961 there can be no interference with the.....
Tags : Delhi High Court , Income Tax Act, 1961
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SC: Deduction Under Section 80-IA Income Tax Act Not Restricted to 'Business Income' Only(29.04.2021)
Supreme Court has held that the scope of sub-section (5) of Section 80- IA of the Income Tax Act, 1961 is limited to determination of quantum of deduc.....
Tags : Supreme Court, Deduction Under Section 80-IA Income Tax Act
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Jharkhand HC Rejects Plea to Seek Regularization of Persons Engaged Under MNREGA(04.04.2022)
Jharkhand High Court has rejected a writ plea filed by 39 persons working on the sanctioned post of Gram Rojgar Sewak under the Mahatma Gandhi Nationa.....
Tags : Jharkhand High Court, Mahatma Gandhi National Rural Employment Guarantee Act, 2005, Gram Rojgar Sewak, 39 persons, scheme for regularization
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Calcutta HC Dismisses Businessman’s Plea to Stay Criminal Proceeding in Jessop's Factory Fire Case(27.10.2016)
Calcutta High Court has refused to stay proceedings against Businessman Pawan Ruia in connection with a case filed by CID following a fire at Jessop's.....
Tags : Calcutta High Court, Pawan Ruia, Jessop's factory fire
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CBDT Issues Interim Action Plan for FY 2021-22(21.06.2021)
Central Board of Direct Taxes (CBDT) has issued the interim action plan for financial year 2021-22.
Tags : CBDT, Action Plan
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Delhi HC Issues Notice on Plea to Centre Challenging Vires of Waqf Act(20.04.2022)
Delhi High Court has issued notice on a public interest litigation filed seeking uniform law for Trust and Trustees, Charities and Charitable Institut.....
Tags : Delhi High Court, public interest litigation, Waqf Act, 1995, Charities and Charitable Institutions and Religious Endowments
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Cal. HC: Clause in GCC Specifying App. of Officers For Arbitration Violative of S. 12(5) of A&C Act(26.02.2024)
Calcutta High Court has held that General Conditions of Contract (GCC) Clause that stipulates appointment of three gazetted officers of railway for ar.....
Tags : Calcutta High Court, General Conditions of Contract, S. 12(5) of A&C Act
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Calcutta HC Passes Injunction Order Restraining Activities on River Banks, Alluvial Landscapes Etc(20.04.2021)
Calcutta High Court has passed an order of an injunction restraining any activity on the lands which are river banks or alluvial landscapes or alluvia.....
Tags : Calcutta High Court, Activities on River Banks, Alluvial Landscapes Etc
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Madras HC: Can’t Reduce Legal Professional to a Contract Worker(06.03.2023)
Madras High Court while criticizing State for its Orders determining ceiling limit of fees payable to advocates appearing on behalf of Government, obs.....
Tags : Madras High Court, Legal Professional, Contract Worker
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DIRECT TAXATION - Manufacture of Herbal Products Eligible for IT Deduction: Madras HC(28.03.2019)
Madras High Court has held that manufacture of the herbal products would be eligible for deduction under Section 80IA of the Income Tax Act, 1961.
Tags : Madras HC, 80IA of the Income Tax Act, 1961
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Securities Transaction Tax (1st Amendment), Rules, 2022(18.01.2022)
In exercise of the powers conferred section 114 of the Finance (No. 2) Act, 2004, (23 of 2004), the Central Government hereby makes the following rule.....
Tags : Rules, Amendment, Securities Transaction Tax
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CCI Finds Google Play Store’s Updated Billing Policy Violative of Competition Act(18.03.2024)
Competition Commission of India has prima facie found Google Play Store’s updated billing policy violative of provisions of Section 4(2)(a), 4(2)(b) a.....
Tags : Competition Commission of India, Google Play Store, Competition Act
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SC Issues Notice on Subramanian Swamy's Plea Challenging Provisions of Places of Worship Act(26.03.2021)
Supreme Court has issued notice on a Public Interest Litigation filed by BJP leader Subramanian Swamy challenging the Constitutional validity of the P.....
Tags : Supreme Court, Places of Worship (Special Provisions) Act 1991
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Gauhati HC to State: Compensate People Affected by Illegal Bulldozer Action(05.01.2023)
Gauhati High Court in suo moto proceedings has directed Assam government to take appropriate decision for compensating the persons affected by the ill.....
Tags : Gauhati High Court, Suo Moto, Compensation, Bulldozer Action
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Delhi High Court: Payment to Contractors Shouldn’t Be Delayed for Non-Availability of Funds(27.03.2018)
Delhi High Court has laid down guidelines for adherence by Contractors as well as authorities while making payments to such Contractors, noting that t.....
Tags : Delhi High Court, Contractors
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ITAT, Mumbai: Incidental Activities of Trust of Charitable Purpose Not Commercial Activities(06.04.2021)
Income Tax Appellate Tribunal (ITAT), Mumbai has held that where the purpose of the trust is relief to poor, education, or medical relief, the other a.....
Tags : Income Tax Appellate Tribunal, Incidental Activities of Trust of Charitable Purpose
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Cal. HC: WB Government Directed to Finalise Minimum Wage of Tea Plantation Workers Within Six Weeks(17.04.2024)
Calcutta High Court has directed the State of West Bengal to decide the issue of minimum wages of tea plantation workers under the Minimum Wages Act, .....
Tags : Calcutta High Court, State of West Bengal, Minimum Wages Act, 1948
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Delhi Govt Lays Down Guidelines Relating to Downloading of DVAT Statutory Forms(14.06.2017)
Delhi Government has issued a circular prescribing guidelines relating to downloading of Statutory Forms under Delhi VAT Act.
Tags : Delhi Government, Delhi VAT Act
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SC: HC May Decline to Entertain Writ Petition Which Raises Complex Questions of Facts(08.05.2020)
Supreme Court has stated that the High Court may decline to entertain a Writ Petition when it raises complex questions of facts.
Tags : Supreme Court, Complex Questions of Facts
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SC: Full Ownership of Property Under S.14 (1) Can be Claimed by Hindu Woman Only if She Possesses it(20.05.2024)
Supreme Court has held that for establishing full ownership on the undivided joint family estate under Section 14(1) of the Hindu Succession Act, 1956.....
Tags : Supreme Court, Hindu Succession Act, Joint Family
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Delhi HC Issues Notice on Plea Challenging GNCTD Amendment Act Giving More Powers to Delhi LG(04.05.2021)
Delhi High Court has issued notice in a plea challenging the vires of Government of National Capital Territory of Delhi (Amendment) Act 2021 as being .....
Tags : Delhi High Court, GNCTD Amendment Act
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Gujarat HC: No Show Cause Notice Issued Along With Draft Assessment Order u/s 144B(04.04.2022)
Gujarat High has observed that the issuance of a show cause notice along with the draft assessment order is absolutely important before passing an ord.....
Tags : Gujarat High Court, draft assessment order, Section 144B of the Income Tax Act
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Allahabad HC: Information Commission Don’t Have Power to Review or Change its Own Order(03.11.2016)
Allahabad High Court has ordered that UP State Information Commission does not have a power to review and change its own orders, including order of im.....
Tags : Allahabad High Court, Information Commission, review, RTI Act
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Bombay HC: Jurisdiction u/s 100CPC is Limited That Even Wrong or Inexcusable Finding of Fact(15.04.2022)
Bombay High Court has held that jurisdiction under Section 100 of the Code of Civil Procedure, 1908 is so limited that even a wrong or grossly inexcus.....
Tags : Bombay High Court, Wrong or Inexcusable Finding of Fact
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ITAT Hyderabad: Ignorance of Law Concerning Compulsory Audit Not Reasonable for Deleting Penalty(21.04.2022)
Income Tax Appellate Tribunal, Hyderabad has held that mere ignorance of law under Section 44AB of the Income Tax Act, 1961 for compulsory audit of ac.....
Tags : Income Tax Appellate Tribunal, ignorance of law, Section 44AB of the Income Tax Act, 1961, Section 273B
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Ker.HC:While Ordering Maintenance, Magistrate Must Specify Whether it is Provided under CrPC or HAMA(17.06.2024)
Kerala High Court held that the Magistrate whilst ordering maintenance to the daughter under Section 20(1)(d) of the Domestic Violence Act should spec.....
Tags : Kerala High Court, DV Act, Domestic Violence Act, Hindu Adoptions and Maintenance Act, 1956 , HAMA, Cr.PC
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Supreme Court Junks Plea Seeking to Stop Use of Helmets for Motorbike(22.03.2017)
Supreme Court has dismissed a PIL seeking directions to Government to stop use of helmets for motorcycle riders under Motor Vehicles Act.
Tags : Supreme Court, helmets, Motor Vehicles Act
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Delhi HC Directs UP Police to Give Details of Farmer’s Death During Tractor Rally to Delhi Police(05.03.2021)
Delhi High Court has directed the Uttar Pradesh Police to handover crucial case material related to the death of a 26-year old farmer, Navreet Singh, .....
Tags : Delhi High Court, Farmer’s Death During Tractor Rally
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SC: Make EIA Mandatory for Urban Development(11.01.2023)
Supreme Court while issuing directions to preserve the heritage of 'Corbusier' Chandigarh, has recommended Centre as well as the State to make necessa.....
Tags : Supreme Court, Environmental Impact Assessment, Urban Development
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Mandate of "Ineligible" Arbitrator u/s 12(5) of Arbitration Act terminates automatically: SC(17.04.2019)
Supreme Court held that ineligibility of a person barred from appointment as an arbitrator under Section 12(5) of the Arbitration and Conciliation Act.....
Tags : Supreme Court, Ineligible Arbitrator, Arbitration Act
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Cheque Offered Only for Security, Supreme Court Sets Aside Conviction Under Section 138 of NI Act(03.04.2024)
Supreme Court set has aside a conviction under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) on the ground of finding of the civil proc.....
Tags : Supreme Court, Section 138 of NI Act, Civil Proceedings, Security
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Gujarat High Court: Mere Rejection of a Claim Would Not Attract Penalty Under Income Tax Act(20.06.2017)
Gujarat High Court has held that penalty cannot be levied on assessee solely on ground of rejection of a claim under Income Tax Act, 1961.
Tags : Gujarat High Court, Income Tax Act
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Karnataka High Court Directs RGUHS to Take Action Against Delinquent Examiners(24.03.2022)
Karnataka High Court has directed the Rajiv Gandhi University of Health Sciences (RGUHS) to take action against delinquent examiners, taking note of i.....
Tags : Karnataka High Court, Action Against Delinquent Examiners
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Patna HC Directs State to Verify All Facts Before Placing Affidavit Before Court(18.05.2021)
Patna High Court has directed the State Government to verify all facts from all sources before placing affidavit before Court else it would amount to .....
Tags : Patna High Court, Verification of Facts
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SC: Time Limit u/s 14(3) of JJ Act to Ascertain Physical & Mental Health of Juvenile is Directory(08.05.2024)
SC has held that time limit to prescribe physical and mental health of juvenile so provided in Section 14(3) of the Juvenile Justice Act, 2015 cannot .....
Tags : Supreme Court, Section 14(3) of JJ Act, Juvenile
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ITAT, Delhi: Royalty Cannot be Endorsed to Providing Customized Research Advisory Services(19.04.2022)
Income Tax Appellate Tribunal; Delhi has observed that customized research advisory services are not taxable under the head Royalty under the relevant.....
Tags : Income Tax Appellate Tribunal, Royalty, Income Tax Act, 1961, customized research advisory services
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SC: Action Under Section 31 of SRA to Cancel Instrument is Not ‘In Rem’(01.05.2023)
Supreme Court has held that actions taken under Section 31 of Specific Relief Act (SRA), 1963 for cancellation of an instrument are not an action in r.....
Tags : Supreme Court, Specific Relief Act, Instrument, In Rem
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Patna HC Seeks Report on Implementation of Transgender Persons (Protection of Rights) Act(31.08.2020)
Patna High Court has sought a report from the Central as well as the State Government, delineating the steps taken by them to implement the welfare pr.....
Tags : Patna High Court, Transgender Persons (Protection of Rights) Act
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Union Cabinet Approves Amendment to Insurance Act, 1938(16.03.2021)
Union Cabinet has approved an amendment to the Insurance Act, 1938, to increase the foreign direct investment cap in the sector to 74% from 49% now.
Tags : Union Cabinet, Amendment to Insurance Act, 1938
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SC: Delay in Filing Appeal Challenging Acquittal u/s 378 CrPC Can Be Condoned u/s 5 Limitation Act(22.02.2024)
Supreme Court has held that the delay occurring in filing an appeal against acquittal of accused under Section 378 of Code of Criminal Procedure, 1973.....
Tags : Supreme Court, Section 378 of CrPC, Section 5 of Limitation Act
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Delhi HC: Mere Possession of Ammunition Without Awareness Will Not Amount to Offence Under Arms Act(06.06.2019)
Delhi High Court has noted that only the conscious possession of a firearm or ammunition, where the person is fully aware of the possession, can amoun.....
Tags : Delhi HC, Arms Act
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SC: Hospital's Registration Can Be Cancelled, Only if, It Is Necessary in Public Interest(07.03.2024)
SC has held that suspension/cancellation of registration of Hospital/Clinic under Sec. 20(3) of Pre-Conception and Pre-¬Natal Diagnostic Techniques (R.....
Tags : Supreme Court, Pre-Conception and Pre-¬Natal Diagnostic Techniques (Regulation & Prevention of Misuse) Act, 1994, Section 20
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SC: False Educational Qualification Claim in Election Affidavit Not Corrupt Practice(21.02.2023)
Supreme Court while observing that no one votes on the basis of education qualification has held that false information regarding education qualificat.....
Tags : Supreme Court, Educational Qualification, Corrupt Practice
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CRIMINAL - Sec- 138 NI Act: Non-Filing of I-T Returns Doesn't Mean Complainant had No Income Source: MP HC(22.03.2019)
Madhya Pradesh High Court has observed that mere non-filing of Income Tax Return would not automatically dislodge the source of income of the complain.....
Tags : Madhya Pradesh High Court, Sec- 138 NI Act
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RERA Doesn’t Bar Homebuyers Complaint Under Consumer Protection Act Against Builder: NCDRC(18.04.2019)
National Consumer Disputes Redressal Commission (NCDRC) has held that Real Estate (Regulation and Development) Act, 2016 (RERA) does not bar filing of.....
Tags : NCDR, Homebuyers, Consumer Protection Act, RERA
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Del. HC: Initiation of S. 153C Assessment Proc. Falling Beyond Max. 10 Years Block Period, Quashed(05.04.2024)
Delhi High Court quashed the initiation of assessment proceedings under Section 153C of the Income Tax Act, 1961 which was falling beyond the ten-year.....
Tags : Delhi High Court, Assessment Proceedings, Section 153C of IT Act, Block Period
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COMPANY - SC: Companies Act Does Not Stipulate Any Fixed Period for Completion of Serious Fraud Investigation(28.03.2019)
SC while holding that there is no stipulation of any fixed period for completion of a Serious Fraud investigation observed that stipulation in Section.....
Tags : Supreme Court, Section 212(3) of the Companies Act, 2013, Serious Fraud investigation
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J&K&L HC Rejects PIL Seeking Prohibition on Illegal Practice of Slaughtering of Animals(21.02.2022)
Jammu and Kashmir and Ladakh High Court has rejected a Public Interest Litigation (PIL) plea seeking prohibition on the illegal practice of slaughteri.....
Tags : Jammu and Kashmir and Ladakh High Court, Illegal Practice of Slaughtering of Animals
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#GST: Eighteen Sections of CGST Act Comes Into Force Tomorrow(21.06.2017)
Central Government has notified that eighteen sections (1-5, 10, 23-30, 139, 146, 164) of Central Goods and Services Tax (CGST) Act will be implemente.....
Tags : Goods and Services Tax, GST, CGST Act
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Madras HC Directs I-T Dept to Attach Bank Accounts of Actor Tadimalla Gautami(24.03.2022)
Madras High Court has directed Income Tax (I-T) department to lift its order attaching six bank accounts of actor Tadimalla Gautami after she pays 25%.....
Tags : Madras High Court, Bank Accounts of Actor Tadimalla Gautami
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Del HC: Interim Maintenance Can’t be Denied Based on Unproven Allegations of Illicit Relationship(10.01.2024)
Delhi High Court held that a wife cannot be denied the benefit of interim maintenance under the Domestic Violence Act, 2005 merely on the basis of all.....
Tags : Delhi High Court, Interim Maintenance, Illicit Relationship, Domestic Violence Act
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CONSTITUTION - Delhi HC Dismisses PIL Challenging Amendments to PMLA Through Finance Act(28.02.2019)
Delhi High Court has dismissed the PIL filed by Congress Leader Jairam Ramesh challenging the amendments to Prevention of Money Laundering Act, 2002 t.....
Tags : Delhi High Court, Prevention of Money Laundering Act, 2002, Finance Acts of 2015, 2016 and 2018
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Supreme Court: Acquittal under PC Act Cannot be Based Only on the Ground of Invalid Sanction(24.01.2024)
Supreme Court has held that acquittal of an accused under the Prevention of Corruption Act (PC Act) cannot be based on the sole ground of invalid sanc.....
Tags : Supreme Court, Invalid Sanction, Acquittal, Prevention of Corruption Act
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ITAT: Purchase of Land before Sale of Capital Asset ineligible for Deduction(10.05.2019)
Income Tax Appellate Tribunal (ITAT) has held that the capital gain exemption under Section 54 of the Income Tax Act, 1961 cannot be availed in case o.....
Tags : Income Tax Appellate Tribunal, Section 54, Income Tax Act, 1961
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SC: ST Women Not Entitled to Any 'Right of Survivorship' Under Hindu Succession Act(12.12.2022)
Supreme Court while observing that a female member of the scheduled tribe (ST) is not entitled to any right of survivorship under the provisions of Hi.....
Tags : Supreme Court, Scheduled Tribe Women, Hindu Succession Act
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Allahabad High Court: ‘Flavoured Milk’ is Exempted Under UP Trade Tax Act(05.06.2017)
Allahabad High Court has held that “flavoured milk” sold in open form or in sealed containers is basically a milk that stands exempted under Section 4.....
Tags : Allahabad High Court, UP Trade Tax Act
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FAMILY - Married Daughter has Right of Succession in Lease Premises Under Goa Succession Law: SC(14.03.2019)
Supreme Court has observed that a married daughter would have a right of succession in the "lease premises", as per the provisions of Goa Succession, .....
Tags : Supreme Court, Right of Succession in Lease Premises, Married Daughter,Goa Succession, Special Notaries and Inventory Proceeding Act, 2012.
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Election Commission Recognizes Ajit Pawar Faction As The Official Nationalist Congress Party(07.02.2024)
Election Commission of India while recognizing the Ajit Pawar faction as the official Nationalist Congress Party has held that Ajit Pawar faction will.....
Tags : Election Commission of India, Ajit Pawar Faction, Nationalist Congress Party
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SC Stays Delhi HC Judgment in Indian Radiological & Imaging Association Case(16.03.2018)
Supreme Court has stayed a Delhi HC judgment that held that there are no provisions in Pre-conception & Pre-Natal Diagnostic Techniques Act, empowerin.....
Tags : Delhi High Court , Pre-conception & Pre-Natal Diagnostic Techniques Act
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Orissa HC Asks to File Affidavit Specifying Steps to Implement Manual Scavenging Prohibition Act(08.12.2021)
Orissa High Court has asked the State Government to file an affidavit specifying steps it has taken so far to implement the Prohibition of Employment .....
Tags : Orissa High Court, Manual Scavenging Prohibition Act
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SC: Subsequent Parties Entitled To Seek Declaration that Land Acquisition Proceedings Have Lapsed(05.05.2017)
Supreme Court has held that subsequent purchaser, assignee, successor in interest, power of attorney, etc., are all persons who are interested in comp.....
Tags : Supreme Court, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act
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CESTAT, Ahmedabad: No Service Tax Payable on Job of Manufacturing Plastic Jars, Containers(03.01.2022)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Ahmedabad has held that no service tax is payable on the job of manufacturing Plastic Jar.....
Tags : Customs, Excise and Service Tax Appellate Tribunal, Job of Manufacturing Plastic Jars, Containers
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Bombay HC: Arbitration Clause Cannot be Defeated by Adding Cause of Action Beyond its Scope(13.04.2020)
Bombay High Court has held that a litigant cannot be permitted to defeat an arbitration agreement by adding a cause of action in the suit which is not.....
Tags : Bombay High Court, Cause of Action Beyond Arbitration Clause's Scope
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Bombay High Court Scraps 97 of 99 Allotments Under Urban Land Ceiling Norms(16.03.2017)
Bombay High Court has scrapped 97 of 99 allotments made between 1990 and 2007 of land declared surplus under Urban Land Ceiling Act (ULCA) in Nagpur.
Tags : Bombay High Court, Urban Land Ceiling Act
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Rajasthan HC Grants Interim Protection to CAA Protesters from Arrests in FIR Alleging Violence(17.02.2020)
Rajasthan High Court has directed the Udaipur Police authorities to not take any "coercive action" against Citizenship Amendment Act (CAA) protesters .....
Tags : Rajasthan High Court, Citizenship Amendment Act Protesters
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SC Quashed Complaint Alleging Offence Under SC/ST Act(09.01.2023)
Supreme Court while quashing a complaint alleging complaint under Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, has observ.....
Tags : Supreme Court, SC/ST Act, Private Dispute, Abuse of Law
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Karnataka High Court: KIAD Act Must Conform to Provisions of Centre's 2013 Land Acquisition Act(21.04.2017)
Karnataka High Court has ruled that Section 24 of Centre's Land Acquisition, Rehabilitation and Resettlement Act, 2013 that deals with compensation, w.....
Tags : Karnataka High Court, Land Acquisition, Rehabilitation and Resettlement Act, 2013
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Guj. HC: Time Limit To File Appeal Is 90 Days in Matrimonial Dispute Under Hindu Marriage Act(24.01.2023)
Gujarat High Court has reiterated that the time limit for filing an appeal challenging a judgment or order of Family Court arising out of a matrimonia.....
Tags : Gujarat High Court, Hindu Marriage Act, time limit
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SC: Direct Evidence of Bribe Demand Not Necessary for Conviction Under POCA(15.12.2022)
Supreme Court Constitution Bench has held that direct evidence of demand of bribe is not necessary to convict a public servant under the Prevention of.....
Tags : Supreme Court, Constitution Bench, Prevention of Corruption Act, Bribe Demand
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Bombay HC: NCLAT Has No Jurisdiction Over Petition Under Arbitration Act(14.04.2021)
Bombay High Court has held that the National Company Law Appellate Tribunal has absolutely no jurisdiction over it in a petition under the Arbitration.....
Tags : Bombay High Court, National Company law Appellate Tribunal, Jurisdiction Over Petition Under Arbitration Act
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Annual Closing of Government Accounts - Transactions of Central / State Governments - Special Measures for the Current Financial Year(16.03.2017)
The Government of India has desired that all government transactions with banks must be accounted for within the same financial year and has requested.....
Tags : Transaction, Accounts, Closing
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SC: Contempt Actions Against EPFO for Execution of Employees Pension Proportional to Salary Barred(04.03.2021)
Supreme Court has barred all courts from taking up contempt petitions against the Employees Provident Fund Organization (EPFO) and the Central Governm.....
Tags : SC, Contempt Actions
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CIVIL - Officials Turned Blind Eye to Illegal Acts of Builders: SC(01.03.2019)
Supreme Court has blamed Noida and Greater Noida authorities for creating "havoc" in real estate by turning a blind eye to illegal activities of build.....
Tags : Supreme Court, Illegal Activities of Builders
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Ori HC: No Bar Against Anticipatory Bail in cases under SC/ST Act if No Prima Facie Offence Made Out(29.01.2024)
Orissa High Court has held that there is no absolute bar against grant of anticipatory bail to an accused under the Scheduled Caste and Scheduled Trib.....
Tags : Orissa High Court, Anticipatory Bail, SC/ST Act, Prima Facie Offence
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Transaction which is recorded in defiance of prohibitory order shall have to be branded as illegal, if not void(10.03.2017)
In facts of present case, Petitioner is objecting to decision rendered by Debts Recovery Appellate Tribunal. Petitioner is purchaser of flat. The flat.....
Tags : Deed, Transaction, Validity
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Delhi Court Grants Bail to Man Accused of Attempting to Run Tractor Over Policemen in Tractor Rally(02.03.2021)
Delhi Court has granted bail to one Ashish Kumar in a case related to the violence that broke out during the tractor parade on Republic Day in relatio.....
Tags : Delhi Court, Tractor Rally
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Del HC Upholds Provision Allowing Deduction for Payment of Maintenance to Air Force Personnel's Wife(09.01.2023)
Delhi High Court has upheld the constitutional validity of Section 92(i) of Air Force Act, 1950 which allows deduction from pay and allowance of Air F.....
Tags : Delhi High Court, Air Force Act, Maintenance, Deductions
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CIC: Non-traceability of File No Excuse to Deny Information Under RTI(24.04.2017)
Central Information Commission has held that when information is being sought by applicant, non-traceability of file cannot be used as an excuse to de.....
Tags : Rajasthan High Court, Prevention of Corruption Act
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Bombay HC: Application of Hudson's Formula for Computation of Loss is Not Unreasonable(12.12.2022)
Bombay High Court has held that Hudson's formula is widely accepted in construction contracts for computing losses and therefore the application of th.....
Tags : Bombay High Court, Hudson's Formula, Construction Contracts
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SC: Encroacher Can’t Claim Benefit of Section 51 of Transfer of Property Act(06.02.2023)
Supreme Court while observing that encroacher can’t be termed as transferee to seek benefit of Section 51 of Transfer of Property Act, has held that w.....
Tags : Supreme Court, Encroacher, Transfer of Property Act
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Delhi HC Issues Notice in Police Officer's Plea Seeking Quashing of FIR Under SC/ST Act(16.04.2020)
Delhi High Court has issued notice in a plea moved by a police officer seeking quashing of a First Information Report (FIR) against him which was regi.....
Tags : Delhi High Court, Police Officer's Plea Seeking Quashing of FIR Under SC/ST Act
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Delhi High Court: 2001 Amendment to NDPS Act Adopts Reformative Approach For Drug Addicts(16.03.2017)
Delhi High Court has observed that 2001 amendment to Narcotic Drugs & Psychotropic Substances Act, 1985, has adopted a reformative approach towards ad.....
Tags : Delhi High Court, NDPS Act, 2001 Amendment
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Gujarat HC: HR Plates, MS Flats, MS Coils, Etc. Used for Manufacturing Ships, Considered as ‘Inputs’(18.02.2020)
Gujarat High Court has held that the HR Plates, MS Flats, MS Coils, Wire Ropes, Rails, Welding Electrode which are used in the fabrication of cranes a.....
Tags : Gujarat High Court, Inputs for Manufacturing Ships
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SC Stays HC’s Interim Order Staying Assam-Meghalaya Border Pact(09.01.2023)
Supreme Court has stayed interim order passed by Meghalaya High Court which had put stay on the execution of Assam-Meghalaya border pact, which was en.....
Tags : Supreme Court, Interim Order, Assam-Meghalaya Border Pact, MoU
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Exclusion of "DBS Bank Ltd" from the Second Schedule of the Reserve Bank of India Act, 1934(16.04.2019)
Consequent upon setting up of 'DBS Bank India Limited' as a Wholly Owned Subsidiary of 'DBS Bank Ltd', it has been decided to exclude 'DBS Bank Ltd' f.....
Tags : Enactment, Exclusion, DBS Bank
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GOODS AND SERVICES TAX: Food Supplied during Social Event at Club Attracts 12% GST: AAR(01.04.2019)
Advance Ruling Authority, West Bengal has held that if the food is supplied by way of or as part of the services associated with organizing social eve.....
Tags : Madras High Court, TN Hostels and Homes for Women and Children (Regulation) Act, 2014
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Orissa HC: Jurisdiction u/s 14 SARFAESI Act Can be Exercised Either by CJM or DM(25.02.2022)
Orissa High Court has held that jurisdiction under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security.....
Tags : Orissa High Court, Jurisdiction u/s 14 SARFAESI Act
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#GST Rollout: Central Goods & Services Rules-2017 Notified, Effective From Today(22.06.2017)
Central Board of Excise and Customs (CBEC) in exercise of powers conferred by section 164 of Central Goods and Services Tax Act, 2017 has notified Cen.....
Tags : Goods and Services Tax, GST, CGST Act
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Kerala HC: District Court Has Jurisdiction to Execute Arbitral Award(10.03.2023)
Kerala High Court while evaluating the scheme of Commercial Courts Act, 2015 has held that District Court has the jurisdiction to execute an arbitral .....
Tags : Kerala High Court, Commercial Courts Act, Arbitral Award
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Karnataka HC: Application Under Section 12 DV Act Not Barred by Section 468 CrPC(19.05.2021)
Karnataka High Court has held that an application made under Section 12 of the Domestic Violence Act, 2005 is not barred by period of limitation under.....
Tags : Karnataka High Court, Application Under Section 12 DV Act
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Supreme Court: Accused Absolved of Charges Under IPC Can’t Be Charged Under UP Gangsters Act(20.02.2024)
SC has held that to prosecute accused under Section 3(1) of Uttar Pradesh Gangsters and Anti-Social Activities(Prevention) Act, 1986 it should be prov.....
Tags : Supreme Court, S. 3(1) of UP Gangsters Act, Anti-Social Activities
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Supreme Court: Essential Religious Practices, If Biased, Can be Struck Down(26.07.2018)
Supreme Court while making It clear that fundamental rights do not offer iron cast protection for “essential and integral” religious practices observe.....
Tags : Supreme Court, Essential Religious Practices
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All. HC: Bail Granted to Assessee Since Proceedings u/s 70 and 74 of GST Act Pending for Too Long(04.03.2024)
Allahabad High Court while granting bail to an assessee who had availed excess input tax credit, has stated that since the proceedings under Section 7.....
Tags : Allahabad High Court, Bail, Section 70 of GST Act, Section 74 of GST Act
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Patna HC Takes Suo Moto Cognizance in Matter Where Sedated Women Forced to Immoral Acts(03.02.2022)
Patna High Court has taken a suo moto cognizance in a matter wherein an inmate of a shelter home alleged that women were forced to submit themselves t.....
Tags : Patna High Court, Sedated Women Forced to Immoral Acts
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RIGHT TO INFORMATION - Delhi HC Stays CIC Order Putting EVMs Under RTI(19.03.2019)
Delhi High Court has stayed Central Information Commission order holding that Electronic Voting Machines (EVMs) fall within the preview of RTI Act.
Tags : Delhi High Court, RTI Act, Electronic Voting Machines, Central Information Commission
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Simply Filing False Complaint Not Punishable Under SC/ST Act: Kerala High Court(09.07.2018)
Kerala High Court has held that simply filing a false complaint against a member of Scheduled Caste, before any authority, is not punishable under Sch.....
Tags : Kerala High Court, SC/ST Act
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MP HC: Condition of Living in Separation for One Year Can't be Waived(31.03.2022)
Madhya Pradesh High Court has held that one year period of living separately is a must for filing of an application for divorce by mutual consent unde.....
Tags : Madhya Pradesh High Court, mutual consent, divorce, Section 13B(1) of the Hindu Marriage Act
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Ker HC: Onus to Bring Statement Within Ambit of Sec. 32(1) of IEA is on Party Who Wishes to Avail it(31.05.2024)
Ker HC has observed that provisions of Section 32(1) of Indian Evidence Act, 1872 are in nature of an exception and onus of establishing the circumsta.....
Tags : Kerala High Court, Indian Evidence Act, Exceptions
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Bombay HC: No Straight Jacket Formula as to How a Woman Will React to an Act of Outrage(27.07.2020)
Bombay High Court has remarked that there cannot be a straight jacket formula as to how a woman will react to an act of outrage by a male.
Tags : Bombay High Court, Act of Outrage Against Woman
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ITAT, Delhi: No TDS Required to be Deducted on Enhanced Compensation Under Land Acquisition Act(19.04.2022)
Income Tax Appellate Tribunal, Delhi has held that the interest on enhanced compensation awarded to land owners by the Court under Section 28 of the L.....
Tags : Income Tax Appellate Tribunal, enhanced compensation, Section 28 of the Land Acquisition Act, 1894, Tax Deducted at Source
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SC: Arbitration Agreement in Unstamped Contract Which is Exigible to Stamp Duty Not Enforceable(25.04.2023)
Supreme Court Constitution Bench has held that instrument which is exigible to stamp duty may contain arbitration clause and which is not stamped can’.....
Tags : Supreme Court, Constitution Bench, Arbitration Agreement, Unstamped Contract
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Supreme Court: Acquisition Of Building Alone Permissible Under Land Acquisition Act(19.09.2017)
Supreme Court has held that State can proceed to acquire only the buildings existing on land under the Land Acquisition Act, without acquiring the und.....
Tags : Supreme Court, Land Acquisition Act
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Delhi HC: Failure to Issue Notice for Additional Payment Does Not Preclude Later Claim(18.04.2022)
Delhi High Court has held that the failure on the part of the contractor to issue notice under the contract does not deprive him of his right to claim.....
Tags : Delhi High Court, contract, arbitral tribunal
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SC: Patient’s Death on Face of it Cannot be Medical Negligence(21.04.2022)
Supreme Court has said that even death of a patient cannot, on the face of it, be said to be medical negligence. The court said that it emerges from t.....
Tags : Supreme Court, medical negligence, medical practitioner
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Karnataka HC Orders Status Quo Regarding Kannada Actor Darshan’s House(26.10.2016)
Karnataka High Court has ordered status quo with regards to proceedings initiated by the District Administration in relation to Kannada actor Darshan .....
Tags : Karnataka HC, Kannada Actor, Darshan Toogudeep,
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ITAT: Onus to Prove Authenticity of Loan Transactions is on Assessee(25.05.2022)
Income Tax Appellate Tribunal (ITAT), Raipur bench has held that if AO doubts the authenticity of loan transactions, then, the onus is upon the assess.....
Tags : ITAT, Loan Transaction, Assessee, Onus
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MP HC: Accused Cannot be Prosecuted by Married Woman for Rape on False Promise of Marriage(01.07.2024)
Madhya Pradesh High Court while quashing a rape FIR, has observed that on the date of developing physical relationship, the prosecutrix was a married .....
Tags : MP High Court, Married Woman, False Marriage Promise, Misconception of Fact
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CIC Seeks Reply from MP, MLA as to Why They Should Not be Declared "Public Authority"(17.03.2016)
Central Information Commission (CIC) has issued show cause notices to a BJP MP and a Nagaland MLA, in separate cases, seeking their explanation why th.....
Tags : Central Information Commission , RTI Act
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RDBA, SARFAESI, IBC Don't Prevail Over PMLA, Must be Harmonically Construed: Delhi HC(04.04.2019)
Delhi High Court has held that Recovery of Debts and Bankruptcy Act, SARFAESI Act and Insolvency and Bankruptcy Code don't prevail over provisions of .....
Tags : Delhi High Court, Prevention of Money-Laundering Act
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All. HC: Child in Conflict With Law Can't Seek Anticipatory Bail U/S 438 CrPC(15.02.2023)
Allahabad High Court has held that a child in conflict with law can’t file an application under Section 438 of CrPC seeking anticipatory bail as per t.....
Tags : Allahabad High Court, Juvenile Justice Act, Child in Conflict With Law, Anticipatory Bail
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Lok Sabha Passes Amendments to SC/ST Act(07.08.2018)
Lok Sabha has unanimously passed the SC/ST amendment Bill which nullifies requirements imposed by Supreme Court of undertaking preliminary inquiry and.....
Tags : Lok Sabha, SC/ST Act
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Del. HC: Arbitrator Can Declare Terms of Contract Null Even if Not Sought by Party in Pleadings(15.03.2023)
Delhi High Court while observing that it is within the domain of the Arbitrator to interpret the terms of the contract has held that arbitrator can de.....
Tags : Delhi High Court, Arbitrator, Contract, Pleadings
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Bombay High Court Rejects Criminal Proceedings under PCPNDT Act(25.08.2015)
Bombay HC while rejecting proceeding initiated against two doctors, charged under Pre-Conception Pre-Natal Diagnostic Techniques (PCPNDT) Act, has he.....
Tags : Bombay High Court ,PCPNDT Act
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Kar. HC: PIOs’ Not Supposed to Create Information(17.02.2023)
Karnataka High Court has held that under Right to Information Act only such information that is available and existing and held by the public authorit.....
Tags : Karnataka High Court, Right to Information Act, PIO
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Rajya Sabha Passes Bill to Restore SC/ST Act(10.08.2018)
Rajya Sabha has passed the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Amendment Bill, 2018, which seeks to overturn a Supreme Cou.....
Tags : Rajya Sabha, SC/ST Act
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Del. HC: Arbitration Award Violating Indian Contracts Act is Patently Illegal(15.03.2023)
Delhi High Court while partially set aside an arbitration award that was passed in contravention of Sections 59-61 of Indian Contracts Act (ICA), 1872.....
Tags : Delhi High Court, Contracts Act, Arbitration Award, Violation, Illegal
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Delhi HC Allows Civic Bodies to Remove Vendors from No-Hawking Zones(06.10.2016)
Delhi HC has allowed Civic Agencies to remove vendors from areas designated as 'No-Hawking Zones' prior to the 2014 Street Vending Act.
Tags : Delhi HC, vendors , no-hawking zones, Street Vending Act
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Delhi High Court: Application For Compounding Of Offence U/S 276CC IT Act Cannot Be Rejected(08.03.2022)
Delhi High Court has held that an application for compounding of the offence under Income Tax Act, 1961 cannot be rejected on the ground that Assessee.....
Tags : Delhi High Court, Chief Commissioner of Income Tax, Section 276CC of Income Tax Act, 1961
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SC Upholds Constitutional Validity of the Rajasthan Schools (Regulation of Fee) Act 2016(04.05.2021)
Supreme Court has upheld the constitutional validity of the Rajasthan Schools (Regulation of Fee) Act, 2016. The Court has however read down Sections .....
Tags : Supreme Court, Rajasthan Schools (Regulation of Fee) Act, 2016
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Sikkim HC: Permission to Extract Groundwater Must Record Reasons by Central Ground Water Board(02.08.2021)
Sikkim High Court has observed that permission to extract groundwater granted to the industries in the State must record satisfaction and assign reaso.....
Tags : Sikkim High Court, Permission to Extract Groundwater
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Supreme Court Reiterates Section 18 Limitation Act Is Applicable To IBC Proceedings(19.05.2022)
Supreme Court reiterates that the provisions of Section 18 of the Limitation Act are applicable to proceedings under the Insolvency and Bankruptcy C C.....
Tags : Supreme Court, Insolvency and Bankruptcy Code, 2016, Section 18 Limitation Act
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Ker. HC: Second Opinion to Determine Authenticity of Disability Certificate Can be Sought by MACT(16.07.2024)
Ker. HC has observed that MACT cannot sit as mute spectators while considering claims and are expected to take a pro-active role in decision making pr.....
Tags : Kerala High Court, MACT, Disability Certificate, Second Opinion
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Supreme Court Stays Coercive Action Against Telugu Channels in FIRs for Sedition(31.05.2021)
Supreme Court has stayed coercive action against two Telugu channels - TV5 news and ABN Andhra Jyoti- in the FIRs registered by Andhra Pradesh police .....
Tags : Supreme Court, Coercive Action Against Telugu Channels
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P&H HC: Call Conversations Between Co-Accused Sans Transcript Not Corroborative Material(11.04.2022)
Punjab and Haryana High Court has held that sans the transcript of the conversations between the co-accused, mere call details would not be considered.....
Tags : Punjab and Haryana High Court, transcript, corroborative material, Narcotic Drugs and Psychotropic Substances Act,1985
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All. HC: S. 106 IEA Not Attracted Unless Initial Burden of Establishing Guilt of Accused Discharged(30.05.2023)
Allahabad High Court has observed that Section 106 of the Indian Evidence Act (IEA) cannot be attracted in a case unless prosecution prima facie disch.....
Tags : Allahabad High Court, Section 106 of the Indian Evidence Act
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SC Seeks Clarification on Risk and Cost of Manufacture of Covid Vaccines(03.06.2021)
Supreme Court has sought clarification on whether it would be accurate to state that private entities had alone borne the risk and cost of manufacture.....
Tags : Supreme Court, Cost of Manufacture of Covid Vaccines
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ITAT, Jaipur: FDRs Interest Made for Business Purposes Shall be Treated as Business Income(29.04.2022)
Income Tax Appellate Tribunal, Jaipur has ruled that the interest income received from the Fixed Deposit Receipt made for business purposes and for ge.....
Tags : Income Tax Appellate Tribunal, Fixed Deposit Receipt, Income from Other Sources, Income Tax Act, 1961
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AP HC: Condition to Deposit Min. 20% Fine May be Relaxed by Court if Exceptional Case Made Out(30.08.2024)
AP HC has held that, Appellate Court will be justified in imposing condition of deposit as provided in S. 148 of N.I Act, 1881. However, in a case, wh.....
Tags : AP High Court, S. 148 of NI Act, Appellate Court
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Ker. HC: Physical Contact as Part of Resistance Can’t be Called Explicit Sexual Overture(11.10.2024)
Kerala High Court has held that physical contact as part of resistance could not be held as the one which advanced unwelcome and explicit sexual overt.....
Tags : Kerala High Court, Sexual Overtures, Physical Contact
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No Application Can Be Filed Against Taking ‘Symbolic Possession’ Before DRT: Allahabad HC(15.02.2018)
Allahabad High Court has held that taking “symbolic possession” or issuance of possession notice, meeting with any resistance, cannot be treated as “m.....
Tags : Allahabad High Court, SARFAESI Act
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Karnataka High Court: Section 63 of Copyright Act is Cognizable Offence(02.02.2022)
Karnataka High Court has held that Section 63 of the Copyright Act, 1957 which prescribes a punishment of minimum 6 months that may extend to 3 years .....
Tags : Karnataka High Court, Section 63 of Copyright Act
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Madras HC Upholds Act Relating to Security of Women and Children in Hostels(01.04.2019)
Madras High Court has upheld the provisions of TN Hostels and Homes for Women and Children (Regulation) Act, 2014, and the Rules framed there under in.....
Tags : Madras High Court, TN Hostels and Homes for Women and Children (Regulation) Act, 2014
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Delhi High Court Dismisses Plea for Implementation of Whistle Blowers Protection Act, 2014(24.02.2022)
Delhi High Court has refused to entertain a Public Interest Litigation seeking a direction upon the Parliament to bring into force the Whistle Blowers.....
Tags : Delhi High Court, Whistle Blowers Protection Act, 2014
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#GST Rollout: Eighteen Sections of CGST Act Notified, Effective from Today(22.06.2017)
Central Government has notified that eighteen sections (1-5, 10, 23-30, 139, 146, 164) of Central Goods and Services Tax (CGST) Act shall come into fo.....
Tags : Goods and Services Tax, GST, CGST Act
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JKL HC: Cause of Action Not Generated Merely by Repeated Representation(07.03.2023)
Jammu and Kashmir and Ladakh High Court has held that Cause of Action can’t be generated merely by making repeated representations to the concerned au.....
Tags : Jammu and Kashmir and Ladakh High Court, Cause of Action, Repeated Representation
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Delhi HC Issues Notice in Plea Challenging Vires of GNCTD Act, 2021(19.05.2021)
Delhi High Court has issued notice to Union of India and Delhi LG in another plea challenging the vires of Government of National Capital Territory of.....
Tags : Delhi High Court, Government of National Capital Territory of Delhi Act, 2021
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Bombay HC Upholds Constitutional Vires Of Mandatory Pre-Deposit u/s 129E Of Customs Act(23.06.2017)
Bombay High Court has upheld constitutional validity of Section 129 E of Indian Customs Act, 1962, that makes pre-deposit mandatory for filing an appe.....
Tags : Bombay High Court, Customs Act
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Gauhati HC to State: Take Action Against Schools Not Reserving 25% Seats for Disadvantaged Groups(13.03.2023)
Gauhati High Court while directing State to implement its policy under Right to Education Act regarding admission benefits to children from weaker sec.....
Tags : Gauhati High Court, Admission, RTE Act, Unaided and Non-Minority Institutions
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Andhra Pradesh HC: Notice Issue for Hearing is a Statutory Requirement under GST(04.04.2022)
Andhra Pradesh High Court has held that issuing notice for hearing is a statutory requirement under Section 75(4) of Goods and Service Tax Act, 2017 b.....
Tags : Andhra Pradesh High Court, Notice for Hearing, Section 75(4) Of Goods and Service Tax Act, 2017
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Draft Factories (Amendment) Act, 2015(23.10.2015)
The Ministry of Labour and Employment proposed a draft Factories (Amendment) Act, 2015 after making changes to an earlier Bill, 2014. The draft Act ba.....
Tags : Factories act, amendment, 2015,
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DGFT Changes Export Policy of Injection Remdesivir and Remdesivir Active Pharmaceutical Ingredients(15.06.2021)
Director-General of Foreign Trade (DGFT) has notified the changes in the Export policy of Injection Remdesivir and Remdesivir Active Pharmaceutical In.....
Tags : Director-General of Foreign Trade, Export Policy of Injection Remdesivir and Remdesivir Active Pharmaceutical Ingredients
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Chhattisgarh HC: Issuance of Reassessment Notice Valid on Ground Disclosure of Bogus Purchase Bills(21.04.2022)
Chhattisgarh High Court has observed that the reassessment notice under Section 148 of the Income Tax Act,1961 is valid on the grounds of disclosure p.....
Tags : Chhattisgarh High Court, reassessment, Section 148 of the Income Tax Act,1961, bogus
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SC Asks Centre to Ensure Implementation of Food Security Act(25.10.2016)
Supreme Court has said it was incumbent upon Central government to ensure that National Food Security Act, 2013, was implemented both in letter and sp.....
Tags : Supreme Court, National Food Security Act, 2013
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Meghalaya HC Quashes Re-Assessment on Ground of Non-consideration of Objection Filed by Assessee(24.05.2022)
Meghalaya High Court has quashed a re-assessment under Section 148(d) of the Income Tax Act, 1961 on the ground that the same was passed without consi.....
Tags : Meghalaya High Court, Re-Assessment, Income-Tax Act, 1961
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Tri. HC: No Scope of Appeal u/s 54 of Land Acquisition Act Against Executing Court’s Orders(27.06.2024)
Tripura High Court while dismissing an appeal invoking Section 54 of the Land Acquisition Act, 1894, has observed that there is no scope to prefer any.....
Tags : Tripura High Court, Executing Court, Land Acquisition Act
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Even Unregistered Partnership Firm Can Maintain ‘Cheque Bounce’ Complaint: HP High Court(17.09.2018)
Himachal Pradesh HC has held that even an unregistered partnership firm can maintain acheque bounce complaint under Section 138 of the Negotiable Inst.....
Tags : Himachal Pradesh High Court, Partnership Firm, Negotiable Instruments Act
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Madhya Pradesh HC: Court Has Jurisdiction U/S 11 A&C Act to Appoint New Arbitrator(04.05.2022)
Madhya Pradesh High Court has held that once the appointment of arbitrator is void ab initio and the arbitrator is barred by virtue of Section 12 (5) .....
Tags : Madhya Pradesh High Court, Arbitration and Conciliation Act, 1996, Section 12 (5), void ab initio
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Bom. HC: State Cannot Impose any Condition on the Allotment that May Lead to Loss of the Land(01.11.2023)
Bombay High Court has held that any condition leading to revoking of land allotment which was allotted pursuant to land acquisition by State, would no.....
Tags : Bombay High Court, Allotment, Resettlement Act
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Acquittal In Criminal Case Insufficient To Infer A Person Possesses Good Character: MP High Court(17.01.2018)
Madhya Pradesh High Court has held that the decision of criminal court on the basis of compromise or an acquittal cannot be treated that a person poss.....
Tags : Madhya Pradesh High Court, Character
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SC: Contract Can be Concluded Only When All Parties Are in Agreement on All Essential Terms(23.11.2022)
Supreme Court has held that a contract can be said to be concluded only when parties are in agreement on all the essential terms of the contract.
Tags : Supreme Court, Essential Terms, Contract
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SC: Mere Possession of Currency Notes Not Sufficient to Constitute Offence u/s 7 of PCA(04.02.2021)
Supreme Court has observed that mere possession or recovery of currency notes is not sufficient to constitute an offence under Section 7 of the Preven.....
Tags : Supreme Court, Bribe, Offence u/s 7 of Prevention of Corruption Act
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CIVIL - Prosecution Under Customs Act Not Barred in Regard to Art Treasures: SC(28.02.2019)
Supreme Court has held that prosecution under Sections 132 and 135(1)(a) of the Customs Act, 1962, is not barred in regard to the antiquities or art t.....
Tags : Kerala High Court, Customs Act, Antiquities, Art Treasures.
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Kar. HC: Application For Recording Statement Of Accused Can Only be Made Before Sessions Court(21.10.2022)
Karnataka High Court has said that in light of the statutory framework of Prevention of Money Laundering Act, applications for recording statements of.....
Tags : Karnataka High Court, Prevention of Money Laundering Act, Special, Sessions
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Del. HC: Detailed Reasons Not to be Given by Arbitrator When Granting Request to Summon Witnesses(15.07.2024)
Delhi High Court has held that for granting the request to summon a witness under section 27(1) of the Arbitration and Conciliation Act, 1996, the arb.....
Tags : Delhi High Court, S. 27(1) of A&C Act, Summon Witnesses
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Pending Companies Act Matters to be Transferred to NCLT(12.12.2016)
MCA has issued a notification stating that pending proceedings under the Companies Act with a few exceptions shall be transferred from the district an.....
Tags : NCLT, Pending Companies Act matters
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Delhi HC: Notice of Complaint Should Issue Separately to Company & its Members to Initiate Proceeding(13.05.2022)
Delhi High Court has ruled that if the company is the drawer of the cheque, a notice of complaint should issue separately to the company and its membe.....
Tags : Delhi High Court, section 138, Negotiable Instrument Act, 1881
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Mathura Court: Places Of Worship Act Not Applicable To Sri Krishna Janmabhoomi-Shahi Idgah Dispute(20.05.2022)
Mathura court has held that the suit to remove the Shahi Idgah Masjid, allegedly built on the land of Shrikrishna Janam Bhoomi is maintainable. The Co.....
Tags : Sri Krishna Janmabhoomi-Shahi Idgah Dispute, Shri Krishna Janmabhoomi Trust, Places Of Worship Act
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SC: Cannot Direct Company’s Authorized Signatory to Pay Interim Compensation(26.07.2024)
SC has stated that authorized signatories can bind company through their actions but they do not merge their legal status with that of the company. Th.....
Tags : Supreme Court, Authorized Signatories, S. 143A of NI Act
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ITAT, Delhi: Expenditure of Royalty for Technical Know-How Can Be Treated as Revenue Expenditure(06.04.2022)
Income Tax Appellate Tribunal, Delhi has held that the royalty expenditure for the use of know-how can be treated as revenue expenditure under Income .....
Tags : Income Tax Appellate Tribunal, royalty expenditure, use of know-how, Income Tax Act, 1961
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Gauhati HC: Providing SIM Card for Anti-National Activities Amounts to Providing Logistics Support(15.05.2023)
Gauhati High Court while denying bail to an accused under UAPA, has held that providing a SIM card to an “illegal Bangladeshi national for carrying ou.....
Tags : Gauhati High Court, Anti-National Activities, Bail, Logistic Support
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Karnataka HC Quashes CBSE Action Against Class-XII Student(12.10.2020)
Karnataka High Court has observed that a tender student, even when the delinquency is established, cannot be treated as the offender of the war crime,.....
Tags : Karnataka High Court, CBSE Action Against Class-XII Student
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ITAT, Kolkata: Disallowance U/S 14A Not to be Considered While Computing Book Profit(16.05.2022)
Income Tax Appellate Tribunal, Kolkata has ruled that the disallowance under Section 14A of the Income Tax Act, 1961 cannot be considered while comput.....
Tags : Income Tax Appellate Tribunal, Section 14A, Income Tax Act, 1961, book profit
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Madras HC: Liability to Be Fastened on Temple Trustee & EOs for Stealing Electricity(29.05.2023)
Madras High Court has observed that whenever electricity is stolen for the conduct of temple festivals, the liability under the Electricity Act has to.....
Tags : Madras High Court, Electricity Act
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Madras HC: Teachers Who Unqualified TET Cannot Continue Service in Schools(08.04.2022)
Madras High Court has observed that it is compulsory for the teachers, who did not possess the minimum qualification of pass in Teacher Eligibility Te.....
Tags : Madras High Court, Teacher Eligibility Test, Right to Education Act, 2009, nine years
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SC to State Govts.: Implement S 136A of MV Act for Electronic Monitoring & Enforcement of Road Safety(03.09.2024)
SC has issued directions to all state governments to take immediate steps to implement Section 136A of Motor Vehicles Act, 1988 (MV Act), which provid.....
Tags : Sureme Court, Section 136A of Motor Vehicles Act, 1988
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SC: Starting Point of Limitation Commences from the Date the Defendant's Possession Becomes Adverse(16.10.2024)
Supreme Court has held that in terms of Article 65 of the Limitation Act, 1963 the starting point of limitation would not commence from the date when .....
Tags : Supreme Court, Limitation Act, Right of Ownership
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SC Refuses to Stay Amendments Made to SC/ST Act(25.01.2019)
Supreme Court has refused to stay the amendments made to SC/ST (Prevention of Atrocities) Act which restored the no anticipatory bail provision for th.....
Tags : Supreme Court, SC/ST (Prevention of Atrocities) Act
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SC: Legitimate Disciplinary Action Against Student Does Not Amount to Abetment of Suicide(25.11.2022)
Supreme Court has held that a college's professor and management could not be held liable for abetment of suicide under Section 306 of Indian Penal Co.....
Tags : Supreme Court, Disciplinary Action, Abetment of Suicide
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Madras HC: PMLA Cannot be Invoked if No Nexus Between Criminal Activity and Property Acquired(08.02.2021)
Madras High Court has held that the provisions of the Prevention of Money Laundering Act, 2002 cannot be invoked in the absence of nexus between crimi.....
Tags : Madras High Court, Prevention of Money Laundering Act, 2002
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CUSTOMS - Prosecution Under Customs Act Not Barred in Regard to Art Treasures: SC(28.02.2019)
Supreme Court has held that prosecution under Sections 132 and 135(1)(a) of the Customs Act, 1962, is not barred in regard to the antiquities or art t.....
Tags : Kerala High Court, Customs Act, Antiquities, Art Treasures.
read»
HP HC: Petition Not Decided Within Pre. Period Doesn’t Foreclose Landlord’s Right to Seek Compens.(03.06.2024)
Himachal Pradesh High Court has held that if a landlord’s petition under Section 3G(5) of the National Highways Act, 1956 is not decided within the pr.....
Tags : Himachal Pradesh High Court, Enhanced Compensation, National Highways Act
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Bombay HC: No Straight Jacket Formula as to How a Woman Will React to an Act of Outrage(27.07.2020)
Bombay High Court has remarked that there cannot be a straight jacket formula as to how a woman will react to an act of outrage by a male.
Tags : Bombay High Court, Act of Outrage Against Woman
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ITAT, Delhi: Fulfillment of Twin Conditions is Mandatory for Invoking Jurisdiction u/s 263(19.04.2022)
Income Tax Appellate Tribunal, Delhi has observed that fulfillment of twin conditions is obligatory for invoking the jurisdiction under section 263 of.....
Tags : Income Tax Appellate Tribunal, section 263 of the Income Tax Act, 1961, jurisdiction
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NCDRC to Porsche: Pay 10 Lakh Compensation to Customer for Misrepresenting Car’s Manufacturing Year(26.04.2023)
National Consumer Disputes Redressal Commission (NCDRC) while observing that act of Porsche in selling car by misrepresenting manufacturing year mount.....
Tags : NCDRC, Porsche, Manufacturing Year, Unfair Trade Practice
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Finance Ministry Notifies Section 100 of Finance Act, 2019(26.08.2020)
Ministry of Finance on Tuesday (August 25) notified that Section 100 of Finance Act, 2019 will come into force from 1st September, 2020.
Tags : Ministry of Finance, Finance Act, 2019
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SC: Penalty U/S 45 of Guj. Sales Tax Act, 1969 is Statutory And Mandatory(19.04.2023)
Supreme Court while observing that penalty under Section 45 of Gujarat Sales Tax Act, 1969 is statutory and mandatory in nature, has held that no disc.....
Tags : Supreme Court, Gujarat Sales Tax Act, Statutory, Mandatory
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SC Raps Tripura High Court over Dismissing Woman's Plea to Clailm ‘Streedhan’(23.11.2015)
SC has rapped Tripura HC for dismissing plea of woman for 'streedhan' on ground that she lost right over it after judicial separation. The court said .....
Tags : SC, Protection of Women from Domestic Violence Act, streedhan, Tripura HC
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Del HC: Can File for Pre-Arrest Bail in FIR U/S 376(3) IPC if Incident Happened Prior to 2018(11.01.2023)
Delhi High Court has held that there is no bar to file anticipatory bail under section 438(4) of CrPC in FIR registered under Section 376(3) of Indian.....
Tags : Delhi High Court, Anticipatory Bail, Criminal Law (Amendment) Act
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Regularisation Obtained by Misrepresenting Facts can't be Sustained: SC(16.04.2019)
Supreme Court has held in a case that appointment of Chowkidar on regular basis was invalid and also observed that an order of regularisation obtained.....
Tags : Supreme Court, Misrepresenting Facts
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Gauhati High Court: Notify the Child Protection Policy and the rules under the Juvenile Justice Act(01.04.2024)
Gauhati High Court has asked the State Government to notify the rules under the Juvenile Justice (Care and Protection) Act, 2015, and the Child Protec.....
Tags : Gauhati High Court, State Government, Child Protection Policy, Juvenile Justice Act
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Supreme Court Repels Challenge Against Sec. 70 Of IT Act(02.04.2018)
Supreme Court has repelled challenge to the constitutional validity of Section 70 of the Information Technology Act 2000, which gives power to the gov.....
Tags : Supreme Court, Information Technology Act
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SC: HC Should Be Extremely Circumspect in Interfering With Orders Passed Under Arbitration Act(09.04.2021)
Supreme Court has reiterated that a High Court while exercising jurisdiction under Article 226 and 227 of the Constitution of India, 1949 should be ex.....
Tags : Supreme Court, Interfering With Orders Passed Under Arbitration Act
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Bombay High Court Restrains MoEF from Granting Post-facto CRZ Clearance(11.05.2021)
Bombay High Court has restrained the Ministry of Environment, Forests and Climate Change from granting environmental clearance (CRZ) to any project, b.....
Tags : Bombay High Court, Post-facto CRZ Clearance
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Bombay HC: HC Cannot Entertain an Appeal wherein ‘Rate of Duty’ or ‘Value of Goods’ is Disputed(24.07.2017)
Bombay High Court has observed that in view of Section 35G of Central Excise Act, 1944, High Court has no jurisdiction to entertain appeals wherein th.....
Tags : Bombay High Court, Excise Act
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SC: Unless Contract Allows, Subletting is Impermissible Under Bombay Rent Control Act(24.03.2023)
Supreme Court has held that unless contract itself permits sub-letting, it shall not be lawful, after coming into operation of Bombay Rents, Hotel and.....
Tags : Supreme Court, Sub-letting, Tenant, Bombay Rent Control Act
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Jharkhand HC: ITC Can be Denied on Inter-State Sale or Transfer of Stock(30.03.2022)
Jharkhand High Court has observed that Input Tax Credit can be denied under Section 18(8)(ix) of the Jharkhand Value Added Tax Act, 2005 on Inter-Stat.....
Tags : Jharkhand High Court, Input Tax Credit, Section 18(8)(ix) of the Jharkhand Value Added Tax Act, 2005
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Jh. HC: Deliberate Departure from Terms of Contract May Amount to Malafide Action by Arbitrator(10.04.2023)
Jharkhand High Court has observed that deliberate departure from the contract amounts not only to manifest disregard of its authority or misconduct on.....
Tags : Jharkhand High Court, Departure, Terms of Contract, Arbitrator
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Kerala High Court Grants Malayalam Actor Dileep Bail in Actress Abduction Case(03.10.2017)
Kerala High Court has granted bail to Malayalam actor Dileep, accused of masterminding the abduction of an actress.
Tags : Kerala High Court, Dileep, Actress Abduction
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ITAT, Chennai: Penalty Can’t be Levied Based on Estimate Addition(18.04.2022)
Income Tax Appellate Tribunal, Chennai has observed that the order of penalty under section 271(1)(c) of the Income Tax Act, 1961 cannot be levied mer.....
Tags : Income Tax Appellate Tribunal, section 271(1)(c) of the Income Tax Act, 1961
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Finance Ministry Notifies Section 100 of Finance Act, 2019(26.08.2020)
Ministry of Finance on Tuesday (August 25) notified that Section 100 of Finance Act, 2019 will come into force from 1st September, 2020.
Tags : Ministry of Finance, Finance Act, 2019
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P&H HC: RFCTLARR Act Applicable if Compensation Deposited Before Dec 31 2014 Not Paid to Majority(17.04.2023)
Punjab and Haryana High Court has observed that provisions of RFCTLARR Act, 2013 would apply to cases of land acquisition under National Highways Act .....
Tags : Punjab and Haryana High Court, RFCTLARR Act, 2013, Compensation, Majority
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Karnataka HC Directs State to Correct Practice of Giving Opinion for Filing Appeals Against Acquittal(22.06.2021)
Karnataka High Court has directed the state government to correct the practise followed by the prosecution department of commencing the work of giving.....
Tags : Karnataka High Court, Practice of Giving Opinion for Filing Appeals Against Acquittals
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ITAT: Salary Reimbursement based on Cost to Cost Cannot Attract TDS Liability u/s 195(09.05.2022)
Income Tax Appellate Tribunal, Bangalore has ruled that Tax Deduction at Source is not applicable to reimbursement of salary based on the cost to cost.....
Tags : Income Tax Appellate Tribunal, Section 195, Income Tax Act,1961, Tax Deduction at Source
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Delhi HC Says Notes Taken by Judge’s Steno Not a Public Record under RTI Act(05.10.2016)
Delhi HC has ruled that shorthand note book in which a court stenographer takes dictation from judge is not a “record” held by a public authority and .....
Tags : Delhi HC , RTI Act
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P&H HC: Small Distance is Not a Reason to Transfer Matrimonial Suit(06.06.2022)
Punjab and Haryana High Court has held that distance of sixty kilometers is small and therefore not an overwhelming reason for the Court to order the .....
Tags : Punjab and Haryana High Court, Transfer, Hindu Marriage Act
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Bombay HC: No Straight Jacket Formula as to How a Woman Will React to an Act of Outrage(27.07.2020)
Bombay High Court has remarked that there cannot be a straight jacket formula as to how a woman will react to an act of outrage by a male.
Tags : Bombay High Court, Act of Outrage Against Woman
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ITAT, Bangalore: Corporate Guarantee Falls Within Ambit of International Transaction(19.04.2022)
Income Tax Appellate Tribunal, Bangalore has observed that corporate guarantee falls within the extent and ambit of international transaction and Arm’.....
Tags : Income Tax Appellate Tribunal, Arm’s Length Price, international transaction
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SC: Under NDPS Act, ‘Ganja Seeds’ are Not a Banned Contraband(28.04.2023)
Supreme Court while granting bail to a man accused of supplying ganja seeds for cultivation, has observed that as per NDPS Act, Ganja seed is not a ba.....
Tags : Supreme Court, NDPS Act, Ganja Seeds, Banned, Contraband
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SC Issues Notice on PIL Challenging 2004 NCMEI Act for Not Recognising Minorities at State-Level(28.08.2020)
Supreme Court has issued notice to the Centre on a Public Interest Litigation challenging validity of provisions of National Commission for Minority E.....
Tags : Supreme Court, National Commission for Minority Education Institution Act, 2004
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SC: Government Employees Can’t Claim Overtime Allowance Under Factories Act(20.04.2023)
Supreme Court has held that government employees cannot claim double overtime allowance as per the Factories Act, if the service rules do not provide .....
Tags : Supreme Court, Overtime Allowance, Factories Act
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Karnataka HC Notices State Government over Illegal Sand Extraction(17.10.2016)
Karnataka High Court has issued notices to State government and three private contractors on a Public Interest Litigation, which complained about alle.....
Tags : Karnataka High Court, illegal sand extraction
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Allahabad High Court Issues Notice on Plea Challenging Uttar Pradesh 'Love Jihad' Act(23.06.2021)
Allahabad High Court has issued a notice on a plea challenging the Uttar Pradesh Prohibition of Unlawful Religious Conversion Act, 2021. The Court has.....
Tags : Allahabad High Court, Uttar Pradesh 'Love Jihad' Act
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SC Suggests Meeting Between DCPCR & MWCD to Discuss 2021 Amendment to JJ Act(28.03.2023)
Supreme Court has suggested that meeting be held between Delhi Commission for Protection of Child Rights (DCPCR) and Ministry of Women and Child Devel.....
Tags : Supreme Court, DCPCR, Juvenile Justice Act, Amendment
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Madras HC Directs State to Look into Charges of Encroachment by Cement Company(07.11.2016)
Madras High Court has ruled that a Private Cement Factory at a village in Thiruvallur District was not entitled to carry out any construction across a.....
Tags : Madras High Court, Cement Factory, irrigation canal, Thiruvallur
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Madras HC: Writ Petition is Not Maintainable to Enforce Arbitral Award(18.04.2022)
Madras High Court has observed that a writ petition cannot be filed to enforce an arbitral award when an alternative remedy is available under section.....
Tags : Madras High Court, arbitral award, section 36 of the Arbitration and Conciliation Act, 1996
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Telangana HC: Power to Grant Stay Under Telangana VAT Act is Discretionary(21.04.2022)
Telangana High Court has observed that the power of the authorities under the Telangana Value Added Tax Act, 2005 is discretionary and the same should.....
Tags : Telangana High Court, Telangana Value Added Tax Act, 2005, discretionary
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Bombay HC Rules ‘Chief Information Commissioner May Transfer Information Commissioner under RTI Act’(25.10.2016)
Bombay High Court has held that State Chief Information Commissioner has powers under Right to Information Act (RTI) to transfer State Information Com.....
Tags : Bombay High Court, Right to Information Act , Information Commissioner
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Karnataka High Court Extends Stay on ED Attachment of Xiaomi India Pvt. Assets(24.05.2022)
Karnataka High Court has extended the stay granted on the Enforcement Directorate’s order dated April 29 till June 1. By the said order ED has directe.....
Tags : Karnataka High Court, Enforcement Directorate, Foreign Exchange management Act
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Karnataka High Court: SC /ST Prevention Of Atrocities Act Is Prospective In Nature(08.03.2022)
Karnataka High Court has observed that the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, is prospective in nature and all.....
Tags : Karnataka High Court, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989, Prospective Application
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Madras HC Stays Notification Providing for Grant of Post Facto Clearance of Projects(03.05.2021)
Madras High Court has granted a stay on the operation of an office memorandum issued by the Ministry of Environment, Forest and Climate Change which p.....
Tags : Madras High Court, Post Facto Clearance of Projects
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Calcutta HC Quashes Re-Assessment Passed Without Application of Mind(04.04.2022)
Calcutta High Court has observed that the re-assessment passed under section 148 of the Income Tax Act, 1961 without the application of mind is not su.....
Tags : Calcutta High Court, section 148 of the Income Tax Act, 1961, Quashment of Re-Assessment
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SC: Is Seeking Votes in Garb of Religion a Corrupt Practice?(27.10.2016)
Supreme Court has asked whether a candidate or a party, seeking votes in name of religion, caste or tribe by promising that this would help protect an.....
Tags : Supreme Court, votes, religion, corrupt practice
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Madras HC: MSMED Act Overrides Arbitration Agreement between Parties(14.04.2022)
Madras High Court has ruled that section 18 of Micro, Small & Medium Enterprises Development Act, 2006 will override the arbitration clause between th.....
Tags : Madras High Court, Ministry of Micro, Small & Medium Enterprises Act, arbitration clause, overriding, non-obstante clause
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ITAT, Ahmedabad: TDS on Car Hiring Charges Paid Above Rs. 1.8 Lakhs U/S 194I of Income Tax Act(20.04.2022)
Income Tax Appellate Tribunal, Ahmedabad has observed that charges of car hiring falls under the provision of section 194I of the Income Tax Act, 1961.....
Tags : Income Tax Appellate Tribunal, section 194I of the Income Tax Act, 1961, Rs. 1.8 lakhs, Tax Deducted at Source
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SC: Upto Parliament to Decide Whether to Allow Candidates to Contest from Two Seats(02.02.2023)
Supreme Court while dismissing PIL challenging the constitutionality of Section 33(7) of the Representation of Peoples Act, 1951 has held that permitt.....
Tags : Supreme Court, Representation of Peoples Act, Parliament
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Bombay HC: Alcohol in Medical Report Proof of Inebriation(05.01.2023)
Bombay High Court while observing that alcohol in medical report proof of inebriation, has held that an accident while boarding a train in such a stat.....
Tags : Bombay High Court, Compensation, Railways Act, Inebriation
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Gujarat High Court Suggests Parents to Approach Govt Receiving Centres For RTE Admissions(21.04.2017)
Gujarat High Court has said that if parents find difficulty in securing admission for children in class I under Right of Children to Free and Compulso.....
Tags : Gujarat High Court, Right of Children to Free and Compulsory Education Act
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Delhi HC: Chance of More Money Can’t be Sole Criteria for Terminating Contract(17.01.2023)
Delhi High Court while allowing petitions challenging NHAI’s decision to invite fresh bids for collection of user fee at two toll plazas has held that.....
Tags : Delhi High Court, Public Contract, Termination, NHAI
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Delhi HC Issues Guidelines for Municipal Corporations and Contractors(30.03.2018)
Delhi High Court has laid down certain guidelines, to be followed by contractors and Municipal Corporations, to ensure that works are duly carried out.....
Tags : Delhi High Court, Municipal Corporations and Contractors
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SC: Poverty of Accused is Not a Mitigating Factor While Awarding Punishment Under NDPS Act(07.04.2021)
Supreme Court has observed that merely because the accused is a poor man and/or a carrier and/or is a sole bread earner cannot be such mitigating circ.....
Tags : Supreme Court, Mitigating Factor While Awarding Punishment
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NGT Puts Interim Ban on Construction Activities in Delhi, NCR(09.11.2016)
National Green Tribunal (NGT) has banned construction activities for one week in Delhi and National Capital Region.
Tags : National Green Tribunal, NGT, construction activities
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Patna HC to GST Dept.: Submit Report on Action Against Smuggling & Liquor Manufacture(23.06.2022)
Patna High Court has directed the GST department, Police and Chief Secretary of the State to file a detailed report on the steps taken for the effecti.....
Tags : Patna High Court, Bihar Prohibition and Excise Act, Smuggling
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CJM Can’t Grant Time for Payment of Debt Due to Secured Creditor: Kerala High Court(21.06.2018)
Kerala High Court has held that Chief Judicial Magistrate exercising power under Section 14 of SARFAESI Act, 2002 has no jurisdiction to grant time f.....
Tags : Kerala High Court, SARFAESI Act
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Bombay HC: Boarding in Crowded Mumbai Local Train is Calculated Risk; Not Criminal Act(27.04.2022)
Bombay High Court has ruled that boarding a crowded train for a Mumbaikar was a calculated risk and not a criminal act and directed the railways to pa.....
Tags : Bombay High Court, calculated risk, criminal act, Rs. 3 lakh, septuagenarian
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SC: Healthcare Services Covered Under Consumer Protection law(02.05.2022)
Supreme Court has said that doctors and healthcare services are not barred from the ambit of the Consumer Protection Act of 2019 and termed the concer.....
Tags : Supreme Court , healthcare services , Consumer Protection Act of 2019 , Public Interest Litigation
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IT Rules Amendment 2023: Bombay High Court Strikes Down Amendment on Fact Check Units(20.09.2024)
Bom. HC has struck down IT Rules Amendment 2023 that authorized the Central Government to establish Fact Check Units for identification of false or fa.....
Tags : Bombay High Court, IT Rules, Fact Check Units
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Kerala High Court: Discretion of Appellate Court to Waive/Deposit of Minimum 20% Fine(29.03.2024)
Kerala High Court has held that under Section 148 of the Negotiable Instruments Act, it is at the discretion of the Appellate Court to either order a .....
Tags : Kerala High Court, Section 148 of NI Act, Appellate Court, Fine
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SC/ST Act Not Abused in Every Case, Says Bombay High Court(31.03.2018)
Bombay High Court has held while hearing a criminal appeal that it cannot proceed on the footing that the Scheduled Castes and the Scheduled Tribes (P.....
Tags : Bombay High Court, SC/ST Act
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SC Issues Notice in Plea Against Alleged Use of Banned Chemicals by Firework Manufacturers(09.04.2021)
Supreme Court has issued notice to the manufacturers in application filed against alleged use of banned chemicals by firework manufacturers, mislabell.....
Tags : Supreme Court, Alleged Use of Banned Chemicals by Firework Manufacturers
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1993 Mumbai Serial Blasts Case: TADA Court Convicts Abu Salem, Five Others; Abdul Qayyum Acquitted(16.06.2017)
A Special Terrorism and Disruptive Activities Act (TADA) court has convicted Abu Salem and five others in 1993 Mumbai serial blast case and acquitted .....
Tags : Special Terrorism and Disruptive Activities Act, Abu Salem, Abdul Qayyum
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High Court has jurisdiction to grant a forfeiture order in terms of the Prevention of Organised Crime Act(03.05.2021)
In present matter, on 28 July 2017, the high Court granted an ex parte application for a preservation order, in terms of Section 38 of the Prevention .....
Tags : Jurisdiction, Unlawful activity, Forfeiture order
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MP HC: ?20 Lakh Minimum Threshold for Loan Recovery by NBFCs Not Applicable on HFCs(23.05.2024)
MP HC has held that Housing Finance Companies (HFCs) can invoke the SARFAESI Act, 2002 even when the loan amount is less than ?20 Lakhs and the minimu.....
Tags : MP High Court, SARFAESI Act, 2002, Housing Finance Companies, NBFC
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Bombay HC: Tenant Occupying Premises Before Enactment of Public Premises Act to be Ruled by State Act(26.07.2017)
Bombay High Court has observed that such persons who are in occupation prior to premises belonging to or taken on lease by government companies and co.....
Tags : Bombay High Court, State Rent Control Act
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ITAT, Mumbai: Amount Spent on Consumable Items can’t be Claimed as Improvement Cost(04.04.2022)
Income Tax Appellate Tribunal, Mumbai has observed that the amount spent on consumable items including sofa, tiles, etc., can’t be claimed as cost .....
Tags : Income Tax Appellate Tribunal, improvement cost, Income Tax Act, 196, capital gain
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Benami Property Act Kicks In from 01st November(02.11.2016)
The new law to prohibit Benami Transactions, which provides for up to seven years’ imprisonment and fine, for those indulging in such activities, came.....
Tags : Benami Property Act
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Delhi HC: Sufficiency of Stamp Duty on Agreement Cannot be Adjudicated u/s 11 of A&C Act(14.04.2022)
Delhi High Court has observed that the Court can’t adjudicate on the issue whether the claims made by the petitioner are barred by limitation while de.....
Tags : Delhi High Court, Section 11 of the Arbitration and Conciliation Act, 1996, arbitration, limitation
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ITAT, Delhi: Interest Can’t be Levied on Additional Income Declared under Modified Return(20.04.2022)
Income Tax Appellate Tribunal, Delhi has ruled that the interest under sections 234B and 234C of the Income Tax Act, 1961 for non/short payment of adv.....
Tags : Income Tax Appellate Tribunal, Income Tax Act, 1961, advance tax installment, advance pricing agreement
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Gauhati HC: Arbitration Can be Invoked Despite Existence of Alternative Remedy Under RERA Act(17.06.2024)
Gauhati HC has held that arbitration can be invoked to settle a real estate dispute, despite the existence of an alternative legal remedy under the Re.....
Tags : Gauhati High Court, RERA Act, Arbitration Act, Real Estate (Regulation and Development) Act
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ITAT: Product Development Expenditure is ‘Revenue’ in Nature(23.05.2022)
Income Tax Appellate Tribunal (ITAT), Pune bench has held that the expenditure incurred on testing and validation of the products is revenue in nature.....
Tags : ITAT, Income-Tax Act, 1961, Product Development Expenditure, Revenue
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Allahabad HC: Application for Extension of Time for Passing Award Lies Only Before High Court(20.04.2022)
Allahabad High Court has observed that the Court for the reason of an application under Section 29A of the Arbitration and Conciliation Act, 1996 woul.....
Tags : Allahabad High Court, Section 29A of the Arbitration and Conciliation Act, 1996, High Court
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Telangana HC: ‘Less Salary, More Hours’ Not Sufficient for Offence of Child Kept in Bondage(07.06.2024)
Tel. HC has held that the essential ingredient to attract offence of child kept in bondage under Section 79 of the JJ Act, 2015 is that minor child mu.....
Tags : Telangana High Court, S. 79 of JJ Act, Bondage
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SC Refuses to Accept Argument That Speaker Has Authority to Take Action Against LDF MLAs(16.07.2021)
Supreme Court has refused to accept the Kerala government’s argument that the Speaker, and not the police, has the authority to take action against th.....
Tags : Supreme Court, Action Against LDF MLAs
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NHRC Issues Notice to Centre Over Anti-Labour Practices at a Warehouse of a Multi-National Company(20.06.2024)
National Human Rights Commission (NHRC) has issued a notice to Centre over anti-labour practices at one of the ware-houses of a multi-national company.....
Tags : NHRC, Anti-Labour Practices, Multi-National Company
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SC: Co-operative Societies Engaged in Banking Biz Not Eligible for Deduction u/s 80P of IT Act(16.08.2017)
Supreme Court has ruled that co-operative societies engaged in banking business for public are not eligible for deduction u/s 80P of Income Tax Act, 1.....
Tags : Supreme Court, Income Tax Act
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AP HC Seeks Report on Non-Payment of Dues to Two Private Contractors(30.06.2021)
Andhra Pradesh High Court has sought a report on seemingly 'pathetic' financial status of the State Government along with reasons for non-payment of d.....
Tags : Andhra Pradesh High Court, Non-Payment of Dues to Two Private Contractors
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Allahabad HC: Electricity Act Inapplicable When Contract is for Supply of Materials Simplicitor(22.04.2022)
Allahabad High Court has ruled that the embargo under Section 86 of the Electricity Act, 2003 does not apply when the agreement is for supply simplici.....
Tags : Allahabad High Court, Section 86 of the Electricity Act, agreement, transmission, distribution
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P&H HC: Undisputed Signatures on Cheque in Itself Not Sufficient for Conviction U/S 138 of NI Act(30.05.2022)
Punjab and Haryana High Court while dealing with an application for grant of leave to appeal, has observed that undisputed signatures of the responden.....
Tags : Punjab and Haryana High Court, Section 138, Negotiable Instruments Act, 1881
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SC Explains Acquittal Does not Ipso Facto Exonerate Delinquent from Disciplinary Action(05.08.2019)
Supreme Court has ruled that acquittal by the Court of competent jurisdiction in a judicial proceeding does not ipso facto absolve the delinquent from.....
Tags : SC, Disciplinary Action
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Gujarat HC: Income Tax Not Applicable on Interest Awarded by Motor Accident Claim Tribunal(06.05.2022)
Gujarat High Court has observed that the interest awarded by the Motor Accident Claim Tribunal (MACT) under Section 171 of the Motor Vehicles Act, 198.....
Tags : Gujarat High Court, Motor Vehicles Act, 1988, section 171, Motor Accident Claim Tribunal
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SC: In Complaint u/s 29 of ID Act Specific Averment Regarding Settlement to be Made(31.07.2024)
Supreme Court has held that in the complaint alleging commission of offence punishable under section 29 of ID Act, 1947, there has to be a specific av.....
Tags : Supreme Court, S. 29 ID Act, Specific Averment
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Madras HC Dismisses Plea to Ban Private Practice of Government Doctors(03.10.2016)
Madras HC has dismissed a Public Interest Litigation seeking a direction to State Government and Tamil Nadu Medical Council to ban private practice of.....
Tags : Madras HC, Government Doctors, Private Practice
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Govt Notifies Finance Act 2018(31.03.2018)
Ministry of Finance has notified the Finance Act, 2018 applicable with effect from 1st April 2018.
Tags : Budget 2018, Finance Act
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SC: Novation of Contract Cannot be Considered in Petition Under Section 11 Arbitration Act(07.04.2021)
Supreme Court has observed that the question of novation of contract containing an arbitration clause cannot be considered by the Court in a petition .....
Tags : Supreme Court, Novation of Contract
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Cal. HC: To Prevent Arbitral Awards from Becoming Meaningless They Should be Made Real(19.04.2024)
Calcutta High Court while hearing an application under Section 9 of the Arbitration and Conciliation Act, 1996, has held that serious attempts must be.....
Tags : Calcutta High Court, S.9 of A&C Act, Arbitral Awards
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ITAT, Bengaluru: No Exemption to Society For Investment in Fixed Asset using Loan Amount(15.06.2017)
ITAT, Bengaluru has held that assessee-society is not entitled to exemption in respect of investment in fixed asset using loan amount under section 11.....
Tags : ITAT, Bengaluru, Income Tax Act
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SARFAESI Act is applicable to Cooperative Banks(05.05.2020)
In present case, the question relates to the scope of the legislative field covered by Entry 45 of List I viz. ‘Banking’ and Entry 32 of List II of th.....
Tags : SARFAESI Act, Co-operative banks, Applicability
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All HC: High Court Appointing Arbitrator has Power to Extend Arbitrator's Mandate u/s 29A of A&C Act(21.05.2024)
Allahabad HC has held that if an arbitrator is appointed by the High Court under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act) th.....
Tags : Allahabad High Court, S. 11 of A&C Act, S. 29 of A&C Act
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Elaborate infrastructure and facilities set up to ensure proper implementation of POCSO Act, 2012(20.07.2017)
The National Commission for Protection of Child Rights (NCPCR) is mandated under Section 44 of the Protection of Children from Sexual Offences (POCSO).....
Tags : Implementation, POCSO Act, Infrastructure
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Gujarat HC Directs State Government to treat NPA of Doctors as Part of their Basic Pay(24.10.2016)
Gujarat High Court has asked State Government to treat Non Practising Allowance (NPA) of doctors working in Government Hospitals as part of their Basi.....
Tags : Gujarat High Court, Non Practising Allowance, Basic Pay
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Gauhati HC: Managing Directors Can Only be Summoned if The Representatives Are Not Cooperating(23.05.2022)
Gauhati High Court has held that the Managing Director of a company should not be directly summoned by authorities under S. 108 of the Customs Act and.....
Tags : Gauhati High Court, Managing Director, Customs Act, Authorized Representative
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Ker HC: Can Prosecute Guardian of Minor Driving Vehicle w/o Licence Even Before Deter. Minor's Guilt(25.06.2024)
Kerala High Court has observed that proceedings against the guardian of a juvenile or owner of a motor vehicle under section 199A of the Motor Vehicle.....
Tags : Kerala High Court, S. 199A of MV Act, Minor Driving Vehicle
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Mere Ownership of Vehicle in Which Prohibited Ammunitions Are Found Won’t Attract Conviction: SC(17.09.2018)
Supreme Court has observed that it is necessary to prove that the accused was in conscious possession at some point in time before the discovery and r.....
Tags : Supreme Court, Arms Act
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CESTAT, Mumbai: Confiscation Order Can’t be Invoked Without Corroborating Evidence(03.05.2022)
Customs, Excise & Service Tax Appellate Tribunal, Mumbai has ruled that an order of confiscation under section 111(m) of customs Act 1962, along with .....
Tags : Customs, Excise & Service Tax Appellate Tribunal, section 112, Customs Act, 1962
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Delhi HC: Order Terminating Arbitral Proceedings Without Issuing Show Cause Notice Is Unsustainable(12.05.2022)
Delhi High Court has ruled that the Arbitral Tribunal's abrupt issuance of orders terminating arbitral proceedings under Section 25 (a) of the Arbitra.....
Tags : Delhi High Court, Arbitration and Conciliation Act, 1996, unsustainable, Section 25 (a)
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Cal HC: Officers Entitled to Take Action Against Non-Conforming Acts of An Advocate(13.06.2023)
Calcutta High Court while observing that it is not expected that a judge should be a mute spectator, has held that judicial restraint does not disenti.....
Tags : Calcutta High Court, Judicial Restraint, Advocate, Non-Conforming Acts
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RBI Eases Authentication Rules for Online Card Transactions(07.12.2016)
Reserve Bank of India (RBI) has removed two-factor authentication for online card transactions involving sums up to Rs2,000 in a move aimed at simplif.....
Tags : Reserve Bank of India, Online Card Transactions
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Kerala HC: Wife Can Claim Maintenance U/S 125 Crpc Until She Obtains Benefit Under Muslim Law(13.05.2022)
Kerala HC has restated that a divorced Muslim woman can seek maintenance under Section 125 of Code of Criminal Procedure, 1973 (CrPC), until she obtai.....
Tags : Kerala High Court, Muslim, Code of Criminal Procedure, 1973, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 125
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Karnataka HC: Directors of Company Can't Be Prosecuted Unless They Played "Active Role" in Process(20.05.2022)
Karnataka High Court has quashed the criminal proceedings initiated against the Proprietors/ Directors of a drugs manufacturing company for alleged pr.....
Tags : Karnataka High Court, Criminal Proceeding, Active Role, Directors
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SC: Customs Duty to be Paid by Owner Even When Confiscated Goods are Redeemed by Paying Fine(24.07.2024)
Supreme Court has held that the owner of goods has a liability to pay customs duty, even after confiscated goods are redeemed after payment of fine un.....
Tags : Supreme Court, S. 125 of Customs Act, Confiscated Goods, Customs Duty
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ITAT, Delhi: Expenditure of Royalty for Technical Know-How Can Be Treated as Revenue Expenditure(06.04.2022)
Income Tax Appellate Tribunal, Delhi has held that the royalty expenditure for the use of know-how can be treated as revenue expenditure under Income .....
Tags : Income Tax Appellate Tribunal, royalty expenditure, use of know-how, Income Tax Act, 1961
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Bombay HC: Obscene Acts In Private Place Not Offence(21.03.2016)
Bombay HC, while quashing a case against 13 men who were arrested for allegedly indulging in obscene acts with women in a flat, has said any such acti.....
Tags : Bombay HC, Obscene Acts
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Bombay HC Dismisses Petition Challenging Validity of the Official Languages Act, 1963(18.03.2020)
Bombay High Court has dismissed a petition filed by two societies, Rashtrabhasha Mahasangh and Mumbai Rashtriya Rashtrabhasha Prachar Sabha praying to.....
Tags : Bombay High Court, Official Languages Act, 1963
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Raj. HC: Coercive Action Stayed Against Magistrate Who Allegedly Asked Rape Victim to Strip(10.04.2024)
Rajasthan High Court has stayed coercive action against a Judicial Magistrate who has been accused of asking a rape victim to strip and show her injur.....
Tags : Rajasthan High Court, Judicial Magistrate, Rape Victim, Coercive Actions
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MACT not conferred with power to review its own order on merits(25.08.2015)
The Court dismissed a petition calling for a correction of an error by the Motor Accident Claims Tribunal in passing an order on the basis that the dr.....
Tags : Mact, substantive review, order
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ITAT, Delhi Deletes Penalty Against Lahmeyer Holding GambH(12.04.2022)
Income Tax Appellate Tribunal , Delhi has granted relief to Lahmeyer holding that the penalty cannot be levied based on fact that the assessee under s.....
Tags : Income Tax Appellate Tribunal, Lahmeyer Holding GambH, section 44BBB of the Income Tax Act, 1961, permanent establishment, bonafide
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RBI Revises Norms for 'When issued' Security(11.12.2015)
Reserve Bank of India (RBI) in order to encourage trading in ‘When Issued’ transactions in government securities, has allowed banks to take short posi.....
Tags : Reserve Bank of India , ‘When Issued’ transactions
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Gauhati HC: Only Food Inspector Can Investigate Offence Related to Food Items as Per FSS Act(20.06.2022)
Gauhati High Court has held that only a Food Inspector can investigate a commission of offence related to food items as per the Food Safety Standards .....
Tags : Gauhati High Court, FSS Act, Food Inspector
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Madhya Pradesh HC: Contractual Employees Also Entitled To Benefits Under Maternity Benefits Act(01.05.2017)
Madhya Pradesh High Court has held that maternity leave should be granted to contractual employees, at par with regular employees.
Tags : Madhya Pradesh High Court, Maternity Benefits Act
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Allahabad HC: Non-Reporting of Seizure U/S 102 (3) CrPC Doesn't Make Such Seizure Illegal(26.04.2022)
Allahabad High Court has ruled that non-reporting of the seizure forthwith, under Section 102(3) of the Code of Criminal Procedure, 1973 shall not ips.....
Tags : Allahabad High Court, Section 102(3), Code Of Criminal Procedure, 1973, ipso facto, seizure
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Orissa HC Upholds Constitutional Validity of Section 34 RP Act(02.05.2022)
Orissa High Court upheld the Constitutional validity of Section 34 of the Representation of the People Act, 1951 that specifies that eligible citizens.....
Tags : Orissa High Court, Section 34, Representation of the People Act, 1951, State Legislative Assembly, Member of Parliament
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SC: Reconsideration Required of the Judgement That Brought Doctors Under Consumer Protection Act(15.05.2024)
Supreme Court while deciding whether advocates can be held liable under the Consumer Protection Act, 1986, has observed that the judgement that brough.....
Tags : Supreme Court, Consumer Protection Act, Reconsideration, Doctors
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Allahabad HC: Subsequent Purchasers Have No Locus to Challenge Already-completed Acquisition(19.07.2017)
Allahabad High Court has observed that purchasers, subsequent to notifications u/s 4(1) & 6 of Land Acquisition Act, have no locus to challenge acquis.....
Tags : Allahabad High Court, Land Acquisition Act
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AP HC: Satisfaction of Detaining Authority Necessary for Preventive Detention as Per Triple Test(21.03.2023)
Andhra Pradesh High Court although the person in question was accused of serious offenses, if the necessary satisfaction as per the triple test i.e. s.....
Tags : Andhra Pradesh High Court, Detaining Authority, Satisfaction, Preventive Detention, Triple Test
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Kamlesh Tiwari Case: SC Asks Allahabad HC to Dispose off Petition in 4 Weeks(26.08.2016)
Supreme Court has directed the Allahabad High Court to dispose off the petition of Hindu Mahasabha leader Kamlesh Tiwari in 4 weeks which challenged t.....
Tags : Supreme Court, Allahabad High Court, Hindu Mahasabha, Kamlesh Tiwari, National Security Act
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Andhra Pradesh HC: In Contract, Rate of Interest May be customized by Court on Equitable Grounds:(30.03.2022)
Andhra Pradesh High Court has decided that where the rate of interest is fixed in the contract, it would be open to the Court to alter the rate of int.....
Tags : Andhra Pradesh High Court, Interest Rate, Contract
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JKL HC: Jugglery, Manipulation has No Place in Equitable and Prerogative Jurisdiction(05.04.2023)
Jammu and Kashmir and Ladakh High Court while upholding single judge order imposing 1 Lakh penalty on petitioner for suppressing facts and misleading .....
Tags : Jammu and Kashmir and Ladakh High Court, Manipulation, Suppressing Facts
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HP HC: Depiction of Property as Agricultural Land Doesn’t Exclude it from Purview of SARFAESI Act(12.05.2023)
Himachal Pradesh High Court has held that merely because revenue records shows secured properties as agricultural land, it is not sufficient to attrac.....
Tags : Himachal Pradesh High Court, SARFAESI Act, Property
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Supreme Court Explains Protection from SARFAESI Act not Available to 'Tenant-In-Sufferance'(13.09.2019)
Supreme Court has explained the interplay between laws of tenancy and debt recovery and has ruled that protection from recovery proceedings under the .....
Tags : Supreme Court, SARFAESI Act
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Calcutta HC Upholds Conviction For Aggravated Sexual Assault In POCSO Case(16.05.2022)
Calcutta High Court upheld conviction for the offence of aggravated sexual assault under Protection of Children from Sexual Offences Act (POCSO Act) b.....
Tags : Calcutta High Court, POCSO Act, Aggravated Sexual Assault
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Del. HC: Application for Drawing Sample U/S 52A of NDPS Act Should Be Made Within 72 Hours(19.05.2023)
Delhi High Court has observed that application for drawing sample of drug or psychotropic substance under Section 52A of NDPS Act must be made within .....
Tags : Delhi High Court, NDPS Act, Sample, Application
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Enforcement date of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018(20.08.2018)
In exercise of the powers conferred by sub-section (2) section 1 of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment.....
Tags : Act, Enforcement, Date
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Kerala HC Seeks Response on Plea for Invocation of Compulsory Licensing for Vaccine Manufacturers(12.05.2021)
Kerala High Court has sought the response of Central Government on a petition that prays for the invocation of compulsory licensing to allow capable v.....
Tags : Kerala High Court, Invocation of Compulsory Licensing for Vaccine Manufacturers
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Sec. 17 Limitation Act Can’t Be Invoked in Filing Application to Set Aside Arbitration Award: SC(27.09.2018)
Supreme Court has held that Section 17 of the Limitation Act cannot be invoked to condone the delay in preferring application to set aside the arbitra.....
Tags : Supreme Court, Limitation Act
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SC: Appropriate Rites and Ceremonies Need to be Performed to Make a Hindu Marriage Valid(01.05.2024)
SC has observed that where a Hindu marriage is not performed according to applicable rites/ceremonies such as saptapadi when included, the marriage wi.....
Tags : Supreme Court, Hindu Marriage, Hindu Marriage Act, 1955, Saptapadi
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Kerala High Court: Wife Paying Maintenance to Able Bodied Husband Would Promote “Idleness”(22.05.2017)
Kerala High Court has quashed a husband’s claim for maintenance, observing that maintenance under Section 24 of Hindu Marriage Act is to be paid to hu.....
Tags : Kerala High Court, Maintenance, Hindu Marriage Act
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J&K&L HC: Courts Cannot Declare Particular Drug as Manufactured Drug or Psychotropic Substance(31.03.2022)
Jammu and Kashmir and Ladakh High Court has ruled that the Courts cannot declare that a particular drug is a manufactured drug or a psychotropic subst.....
Tags : Jammu and Kashmir, Ladakh, High Court, NDPS Act, manufactured drug, psychotropic substance
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All. HC: Causing ‘Annoyance to Others’ A Prerequisite to Invoke Section 294 of IPC(31.05.2024)
Allahabad High Court has observed that in order to invoke Section 294 of the Indian Penal Code, 1860, mere performance of an obscene act is not suffic.....
Tags : Allahabad High Court, S. 294 of IPC, Obscene Act
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ITAT Deletes Addition u/s 68 of IT Act, Says Firm not Taxable for Capital introduced by Partner(09.05.2022)
Income Tax Appellate Tribunal, Chennai has observed that the Firm cannot be made taxable for the capital introduced by the Partner as section 68 of th.....
Tags : Income Tax Appellate Tribunal, section 68, Income Tax Act, 1961
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Delhi High Court Lacks Original Jurisdiction to Try Matters Under Family Courts Act(28.08.2017)
Delhi High Court has clarified that it lacked the original civil jurisdiction to try matters falling under Section 7 of Family Courts Act.
Tags : Delhi High Court, Family Courts Act
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ITAT: Revisional Jurisdiction Can be Invoked for Lack of Enquiry by Assessing Officer(06.06.2022)
Income Tax Appellate Tribunal (ITAT), Mumbai bench has held that lack of enquiry by the assessing officer invokes the jurisdiction of Principle Commis.....
Tags : ITAT, Assessing Officer, Income-Tax Act
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Del. HC: Need Re-Look at Exclusions in Section 3(K) of Patents Act(15.05.2023)
Delhi High Court has observed that there is need to relook at exclusions in Section 3(k) of Patents Act, 1970, in view of the growing innovations, as .....
Tags : Delhi High Court, Patents Act, Parliamentary Committee Report, Innovations
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Gujarat HC: Legislature Conferred Precedence of POCSO Act Over SC/ST Act(08.10.2020)
Gujarat High Court has ruled that the comparative analysis of provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.....
Tags : Gujarat High Court, Precedence of POCSO Act Over SC/ST Act
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Gujarat AAR: Bus Body Building on Chassis Owned by GST Registered Customer Attracts 18% GST(16.05.2022)
Gujarat Authority of Advance Ruling (AAR) consisting of members Arun Richard and Atul Mehta ruled that 18% GST is payable on bus body building on chas.....
Tags : Gujarat AAR, CGST Act, GST
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Gau. HC: Party Can Invoke Arbitration Despite Alternative Remedy Available Under RERA Act(14.06.2024)
Gauhati High Court has held that the Arbitration and Conciliation Act, 1996 is not inconsistent or in derogation of the RERA Act. Thus, arbitration ca.....
Tags : Gauhati High Court, Alternative Remedy, RERA Act
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Civil Aviation Ministry Proposes New Rules to Regulate Drone Related Activities(19.07.2021)
Ministry of Civil Aviation has invited suggestions for Draft Drone Rules to regulate Drone Related Activities. These Rules, when notified, will repeal.....
Tags : Ministry of Civil Aviation, New Rules to Regulate Drone Related Activities
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Tel. HC: Existence & Validity of Arb. Agreement Must be Determined u/s 11(6) of A&C Act by Court(24.06.2024)
Telangana High Court has observed that the Court while exercising the jurisdiction under Section 11(6) of the Arbitration and Conciliation Act, 1996 h.....
Tags : Telangana High Court, Arbitration Agreement, S. 11(6) of A&C Act
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Delhi HC: Maintenance Under DV Act Cannot Be Denied Solely Because Grievance Arose in Second Marriage(21.08.2017)
Delhi High Court has set aside a lower Court order, which had denied maintenance to the wife under Protection of Women from Domestic Violence Act, 200.....
Tags : Delhi High Court, Protection of Women from Domestic Violence Act
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Delhi HC: Not Necessary to Go Into Merits of Claim/ Counter-Claim for Appointment of Arbitrator(02.05.2022)
Delhi High Court has ruled that in a petition under Section 11 of the Arbitration & Conciliation Act, 1996 for appointment of arbitrator, it is not ne.....
Tags : Delhi High Court, Section 11, Arbitration & Conciliation Act, 1996, counter claim
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Orissa HC: Government is Not Required to Refer National Security Issues to National Tribunal(11.05.2022)
Orissa High Court has ruled that it is not obligatory for the Central Government to refer a matter of national importance to the National Industrial T.....
Tags : Orissa High Court, Central Government, National Industrial Tribunal, Section 7-B, Industrial Disputes Act, 1947
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Patna HC: Bihar IIPP Encourages Manufacturing Industries But Doesn’t Bar Other Industries(21.04.2023)
Patna High Court has observed that Bihar Industrial Investment Promotion Policy of 2016 mentions of encouraging the manufacturing industries, however .....
Tags : Patna High Court, Bihar Industrial Investment Promotion Policy, Manufacturing Industries
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Promotion in a private establishment is a managerial function and cannot be claimed to be a condition of service(21.08.2017)
Instant petition takes an exception to the judgment and order passed by the Industrial Court. By said judgment and order, Industrial Court allowed the.....
Tags : Trade practice, breach, Legality
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ITAT: Section 147 of IT Act is not an Alternative to Section 263 of IT Act(06.06.2022)
Income Tax Appellate Tribunal (ITAT), Delhi bench while quashing Assessment Order under Section 147 of Income-Tax Act, 1961 without Jurisdiction has h.....
Tags : ITAT, Income-Tax Act, 1961, Alternative
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Del. HC: No Retrospective Effect of Section 23 of Senior Citizens Act, 2007(15.05.2023)
Delhi High Court while observing that unless terms of statute expressly provide, retrospective operation should not be given to a statute, has dismiss.....
Tags : Delhi High Court, Retrospective Effect, Senior Citizens Act
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J&K HC Holds 'Roshni Act' Unconstitutional(12.10.2020)
Jammu and Kashmir High Court has held that the Jammu and Kashmir State Land (Vesting of Ownership to the Occupants) Act 2001, (Roshni Act) is complete.....
Tags : Jammu and Kashmir High Court, Roshni Act
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ITAT, Pune: Revisional Jurisdiction Cannot be Invoked Sans Illegality in Original Re-Assessment(16.05.2022)
Income Tax Appellate Tribunal (ITAT), Pune while quashing a revisional jurisdiction under Section 263 of the Income Tax Act, 1961, has ruled that the .....
Tags : Income Tax Appellate Tribunal (ITAT), Pune, revisional jurisdiction, Section 263, Income Tax Act, 1961
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Sikkim HC: Accused Unable to Engage Counsel Within Requisite Time, Delay of 388 Days Condoned(28.06.2024)
Sik. HC while condoning delay of 388 days in a matter where accused failed to engage a counsel within time, has observed that delays in preferring app.....
Tags : Sikkim High Court, Condonation of Delay, Gross Negligence, Deliberate Inaction
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Calcutta HC: Post-Award Interest is Not Advisory but Mandate of A&C Act(04.05.2022)
Calcutta High Court has held that award of future or post-award interest is not advisory but a mandate of the Arbitration and Conciliation Act, 1996 a.....
Tags : Calcutta High Court, Arbitration and Conciliation Act, 1996, Post-award
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SC: Coal India Ltd. Come Under the Purview of Competition Act, 2002(16.06.2023)
Supreme Court while observing that Coal Mines (Nationalisation) Act cannot be reconciled with the Competition Act, has held that Coal India Ltd. would.....
Tags : Supreme Court, Coal India, Competition Act
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Madras High Court Set Aside Detention Orders of 5 Arrested under Goondas Act(09.10.2015)
Madras High Court has quashed detention of five youths, under Goondas Act, arrested for cutting sacred thread of three persons, including two temple p.....
Tags : Madras High Court,Goondas Act
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Karnataka HC Extends Stay on Publication of Final Notification Until Further Orders(07.09.2020)
Karnataka High Court has extended the stay on the publication of the Final Notification based on the Draft Environment Impact Assessment (EIA) notific.....
Tags : Karnataka High Court, Draft Environment Impact Assessment
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SC: S.16 of Carriage by Road Act Apply only to proceedings in Connection With Damage to Consignment(02.05.2023)
Supreme Court has held that provision of Section 16 of Carriage by Road Act, 2007 doesn’t come into play vis-à-vis condition of giving a notice in res.....
Tags : Supreme Court, Carriage by Road Act, Damage, Consignment
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Calcutta High Court: Court Not Merely Obligated to Appoint Arbitrator u/s 11(6) of A&C Act(23.02.2024)
Calcutta High Court has held that Court under Section 11(6) of Arbitration and Conciliation Act is not merely obligated to appoint an arbitrator but c.....
Tags : Calcutta High Court, Section 11(6) of A&C Act, Appointment
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RBI reduces the repo rate from 4.4% to 4% to mitigate the impact of COVID-19(22.05.2020)
The RBI revises the repo rate and reduced it from 4.4% to 4%. Further, it has reduced the reverse repo rate to 3.35%. The decision of the monetary po.....
Tags : Repo rate, Reduction, Economic activity
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ITAT: If TDS Statement filed on Time Contains Technical Errors, No Late Fee Can be Charged(11.05.2022)
Income Tax Appellate Tribunal, Ahmedabad has held that a late fee under section 234E of the Income Tax Act of 1961 cannot be imposed if a statement is.....
Tags : Income Tax Appellate Tribunal, section 234E, Income Tax Act
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Calcutta HC: Secured Creditor Cannot Invoke S. 14 of SARFAESI Act After Sale of Secured Asset(04.09.2017)
Calcutta High Court has ruled that a secured creditor cannot maintain an application u/s 14 of Securitization and Reconstruction of Financial Assets a.....
Tags : Calcutta High Court, SARFAESI Act
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Delhi High Court Quashes Reassessment Order Issued Without Considering Reply Filed by Assessee(07.06.2022)
Delhi High Court has quashed the reassessment order issued by the department under Section 148A(d) of the Income Tax Act, without considering the repl.....
Tags : Delhi High Court, Income Tax Act, 1961, Reassessment
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Ker. HC: Before Starting Work on Highways, Alternatives Should be Provided to Commuters(03.07.2024)
Kerala High Court has observed that, although the development activities by the National Highways Authority of India are most imperative, it cannot be.....
Tags : Kerala High Court, NHAI, Development Activities
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Supreme Court Slams Centre Over Improper Implementation of MGNREGA(03.11.2015)
Supreme Court on a PIL alleging improper implementation of Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) in terms of timely payment.....
Tags : Supreme Court, Mahatma Gandhi National Rural Employment Guarantee Act
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Delhi HC: Exception 3 to Section 28 Contract Act Does Not Deal with Bank Guarantees(02.08.2021)
Delhi High Court has interpreted Exception 3 to Section 28 of the Indian Contract Act 1872 to hold that it does not deal with 'claim period' under Ban.....
Tags : Delhi High Court, Exception 3 to Section 28 Contract Act
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All. HC: No Period of Limitation in Suit for Declaration of Matrimonial Status of Parties(16.09.2024)
Allahabad High Court has held that it is abundantly clear that no period of limitation is prescribed for a Suit or proceeding for declaration of matri.....
Tags : Allahabad High Court, Matrimonial Status, Family Courts Act
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Absence of Witness Signatures on Arrest Memo is Sufficient to Assume Wrongful Detention: Calcutta HC(16.08.2018)
Calcutta High Court has asserted that absence of witness signatures on arrest memo is sufficient to discharge the onus on the accused to establish tha.....
Tags : Calcutta High Court, NDPS Act
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SC: Can’t Presume Will to be Genuine Merely Because It’s More Than 30 Years Old(16.03.2023)
Supreme Court while observing that wills can’t be proved only on basis of their age, has held that presumption under Section 90 as to the regularity o.....
Tags : Supreme Court, Wills, Evidence Act, Presumption
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SC: Any Person Can Now be Tried under Domestic Violence Act(10.10.2016)
Supreme Court has widened scope of Domestic Violence Act by ordering deletion of words “adult male” from it, paving the way for prosecution of women a.....
Tags : SC, Domestic Violence Act
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Kerala HC Dismisses Plea by Dileep to Quash Further Investigation in Actor Sexual Assault Case(09.03.2022)
Kerala High Court has dismissed a petition filed by actor Dileep seeking to quash further investigation in the actor sexual assault case being conduct.....
Tags : Kerala High Court, Actor Sexual Assault Case
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Patna HC: Healthcare System Seems to be Moving Aimlessly in Absence of Action Plan(04.05.2021)
Patna High Court has observed that in the absence of an action plan, the healthcare system in Bihar qua COVID-19 appeared to be moving aimlessly in th.....
Tags : Patna High Court, Absence of Action Plan
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Madras High Court Strikes Down Section 32(2) Of Benami Transaction Act as Unconstitutional(05.04.2022)
Madras High Court has declared that Section 32(2) of the Prohibition of Benami Property Transactions Act, 1988 as unconstitutional and directed the go.....
Tags : Madras High Court, Section 32(2) of the Prohibition of Benami Property Transactions Act, 1988, unconstitutional.
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CCI: Delay or Inadequacy of Services are not Issues under Competition Act, 2002(30.08.2019)
Competition Commission of India has ruled that elements of anti-competitive agreement and abuse of dominant position stand on a higher platform than d.....
Tags : CCI, Competition Act, 2002
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ITAT: No Late Fee U/S 234E of IT Act Can be Levied for Default Committed After 2015 Amendment(10.06.2022)
Income Tax Appellate Tribunal (ITAT), Pune bench has held that late fees u/s 234E can’t be levied for the default committed after the insertion of Sec.....
Tags : ITAT, Income-Tax Act, Finance Act
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SC: People Unaware that Age of Consent for Sexual Intercourse has been Raised from 16 to 18 Years(09.07.2024)
Supreme Court while dismissing the Madhya Pradesh government’s appeal against the acquittal of the accused under the POCSO Act, has observed that awar.....
Tags : Supreme Court, POCSO Act, Age of Consent
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Bombay HC: ‘Schools Are Not Commercial Venture’(06.12.2016)
Bombay High Court, while chiding a Navi Mumbai school for refusing to admit poor students in its pre-primary section under Right of Children to Free a.....
Tags : Bombay High Court, Right of Children, RTE Act, Schools
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Kerala HC: Penetrative Sexual Act Between Thighs of Victim Held Together is Rape(04.08.2021)
Kerala High Court has held that when the body of the victim is manipulated to simulate a sensation akin to penetration of an orifice, the offence of r.....
Tags : Kerala High Court, Penetrative Sexual Act, Rape
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Madras HC: Arbitral Award Rendered Mechanically, Remits Matter Back To Arbitrator(20.05.2022)
Madras High Court while remitting back the matters has ruled that an arbitral award rendered by the District Collector awarding a lower value to the l.....
Tags : Madras High Court, Arbitration, National Highway Act, Arbitral Award
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P&H HC Declines Protection to Couples in "Contractual Live-In-Relationship"(12.03.2021)
Punjab & Haryana High Court has declined protection to a couple, registering its disapproval of 'new concept of contractual Live-In-Relation' backed b.....
Tags : Punjab & Haryana High Court, "Contractual Live-In-Relationship"
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Supreme Court: Workers Performing Perennial/Permanent Nature of Work Not Contractual Workers(14.03.2024)
Supreme Court while granting regularization to workers, has held that workers involved in performing perennial/permanent nature of work cannot be cons.....
Tags : Supreme Court, Contractual Workers, Regularization
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ITAT, Cochin Denies Tax Exemption to Trust on Micro Finance Activity(12.03.2020)
Income Tax Appellate Tribunal (ITAT), Cochin has held that micro finance activity cannot be treated as charitable in nature for the purpose of allowin.....
Tags : Income Tax Appellate Tribunal, Micro Finance Activity
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Exchange Traded Cross Currency Derivatives contracts on various currency pairs introduced(09.03.2016)
The Securities and Exchange Board of India permitted stock exchanges to introduce cross-currency futures and options contracts on EUR-USD, GBP-USD and.....
Tags : Exchange traded, cross currency, derivatives contract
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ITAT, Mumbai: Architect Fee Paid in Connection with Transfer of Development Rights Allowable(11.04.2022)
Income Tax Appellate Tribunal, Mumbai has observed that the architect fee paid by the assessee regarding the transfer of development rights are allowa.....
Tags : Income Tax Appellate Tribunal, architect fee, assesse, section 48 of the Income Tax Act, 1961, capital gain
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P&H HC: Construction of Public Library is a Part of Charitable Function(06.08.2024)
Punjab and Haryana High Court has held that the construction of Public Library would form part of charitable function and any work done with the same .....
Tags : P&H High Court, S. 80 of IT Act, Public Library
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Karnataka High Court: 'Contract Workers Need Not Be Regularised'(09.10.2017)
Karnataka High Court has said that contractual workers do not have a right to seek regularisation or absorption.
Tags : Karnataka High Court, Contract Workers
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Del HC: MSMED Act Not Applicable to CA Firms Appointed as Special Auditors(10.07.2023)
Delhi High Court has held that MSMED Act, 2006 is not applicable to a CA firm appointed as ‘Special Auditor’ under Section 142(2A) of the Income Tax A.....
Tags : Delhi High Court, MSMED Act, Special Auditor, Income-Tax
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ITAT, Bangalore: Transactions Between Trust and Trustee Not Covered U/S 269SS of Income Tax Act(28.04.2022)
Income Tax Appellate Tribunal, Bangalore has ruled that the managing trustee of the society is not covered by the expression any other persons stirrin.....
Tags : Income Tax Appellate Tribunal, section 269SS, 269T of the Income Tax Act, 1961
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HP HC Orders Action Against Officials Who Failed to Prevent Illegal Dumping of Muck in Forest Areas(06.07.2023)
Himachal Pradesh High Court has ordered disciplinary action against government officials for their failure to prevent the illegal dumping of muck in f.....
Tags : Himachal Pradesh High Court, Illegal Dumping, Forest, Disciplinary Action, Officials
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Rajasthan HC Rules 'Sanction Not Necessary to Order Preliminary Inquiry Against Public Servant'(24.04.2017)
Rajasthan High Court has recently held that there is no requirement of previous sanction under Section 19 of Prevention of Corruption Act for ordering.....
Tags : Rajasthan High Court, Prevention of Corruption Act
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SC: Religion is Important Only When Relevant Under Law(30.01.2023)
Supreme Court while hearing PIL for enforcement of Section 12(1)(c) RTE Act has held that religion is important in our country only when its relevant .....
Tags : Supreme Court, RTE Act, Religion, Secular
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Madras High Court Upholds Closure Decision of Tiruvottriyur Ice Factory(31.03.2018)
Madras High Court has upheld orders of the State government and the Pollution Control Board directing an ice factory, which was in existence for about.....
Tags : Madras High Court, Ice Factory
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Bombay HC Issues Guidelines for Effective Implementation of POCSO Act(08.04.2021)
Bombay High Court has issued guidelines for the effective implementation of the Protection of Children from Sexual Offences (POCSO Act) Act, 2012 and .....
Tags : Bombay High Court, Effective Implementation of POCSO Act
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8 Weeks Time Given to UP Govt. to Consider Need for Guidelines on Invocation of Gangsters Act(22.04.2024)
Supreme Court has given eight weeks time to the Government of Uttar Pradesh for considering the need to lay down guidelines for invocation of the Utta.....
Tags : Supreme Court, Government of Uttar Pradesh, Guidelines, Gangsters Act
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Kar HC: State to Not Take Action Against Old Vehicles For High-Security Number Plates Till June 12(23.05.2024)
Karnataka State Government has submitted an undertaking in the Karnataka High Court that no precipitative action shall be taken by the Government in m.....
Tags : Karnataka High Court, State Government, Registration Plates, Precipitative Action
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Government Prescribes Procedure to Furnish Form 67 to Claim Foreign Tax Credit(26.09.2017)
Central Government has prescribed the procedure to be followed to furnish Form 67 to claim foreign tax credit under the provisions of the Income Tax A.....
Tags : foreign tax credit, Income Tax Act, 1961
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ITAT, Mumbai: Corpus Donations Received by Trust Not Taxable, Even If Trust Is unregistered(18.04.2022)
Income Tax Appellate Tribunal, Mumbai has held that the corpus donations received by a Trust for a specific purpose are not taxable, even if the Trust.....
Tags : Income Tax Appellate Tribunal, Section 12 A of the Income Tax Act, 1961, capital receipt
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Bombay HC: Orders U/S 60 Maharashtra Police Act Are Quasi-Judicial, Must be Supported by Reasons(22.04.2022)
Bombay High Court has observed that the order of Divisional Commissioner on externment under the Maharashtra Police Act, 1951 are not administrative .....
Tags : Bombay High Court, Maharashtra Police Act, 1951, administrative orders, quasi-judicial
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Supreme Court: Transfer of Moveable Property in Execution of Works Contract is 'Sale'(06.09.2017)
Supreme Court has said that transfer of moveable property in execution of works contract is deemed to be sale, and the value of property can be subjec.....
Tags : Supreme Court, Works Contract
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Karnataka HC: Award of Compensation under National Highways Act Not Attract Stamp Duty(30.05.2022)
Karnataka High Court has held that an award of compensation passed by an Arbitrator under National Highways Act, 1956 does not attract stamp duty. Pay.....
Tags : Karnataka High Court, National Highway Act, Compensation, Stamp Duty
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Delhi High Court to Govt: Form Action Plan to Make Delhi Crime-Free for Women(01.08.2019)
Delhi High Court has observed while comparing the city to Mumbai where “women can walk freely in the night” then why can’t the Capital be safe for wom.....
Tags : Delhi High Court, Action Plan
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Supreme Court: Arrest by GST Officers Should Not be Made on Mere Suspicion(13.05.2024)
Supreme Court while hearing petitions related to the Goods and Service Tax Act being incompatible with provisions of the Code of Criminal Procedure, 1.....
Tags : Supreme Court, GST Act, Arrest, Suspicion
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SC Upholds Constitutional Validity of Section 43B(f) of Income Tax Act(27.04.2020)
Supreme Court has upheld the constitutional validity of clause (f) of Section 43B of the Income Tax Act, 1961, reversing the judgment of the Calcutta .....
Tags : Supreme Court, Constitutional Validity of Section 43B(f) of Income Tax Act
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Delhi High Court Holds That Assessee Is Eligible For Immunity and Tax Payer Should Be Incentivised(01.04.2022)
Delhi High Court has ruled that the action of income tax authorities to deny the benefit of immunity from penalty under Section 270AA of Income Tax Ac.....
Tags : Delhi High Court, Section 270AA of Income Tax Act, 1961, Section 270A, Tax Payer
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Bombay HC Supports CTR’s Patent Infringement Claim Against Sergi(26.10.2015)
Bombay HC has passed an interim order in favour of CTR Manufacturing Industries Ltd in a patent infringement claim against Sergi Transformer Explosion.....
Tags : Bombay HC, CTR Manufacturing Industries Ltd , Sergi
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Calcutta HC: Reporting of Illegal Activity in Honest Way, Fundamental Right of Reporter(04.08.2020)
Calcutta HC has said it is the fundamental right of a reporter to publish news of “any illegal” activity “in an honest way”, and “proper reporting” ca.....
Tags : Calcutta High Court, Reporting of Illegal Activity
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SC: Statement of Accused Not Substantive Evidence of Defence to Rebut Presumption u/s 139 NI Act(10.03.2021)
Supreme Court has stated that the statement of the accused recorded under Section 313 of the Code of Criminal Procedure, 1973 is not a substantive evi.....
Tags : Supreme Court, Evidence of Defence to Rebut Presumption u/s 139 NI Act
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Bombay High Court’s Third Judge Opines in 2023 IT Rules Amendment Case(12.03.2024)
The third Judge in the 2023 IT Rules Amendment Case while refusing to stay Central government notification for forming Fact Check Units has opined tha.....
Tags : Bombay High Court, IT Rules Amendment Case, Fact Check Unit
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Madras HC to Suo Motu Test Constitutional Validity of Section 36B of Advocates Act, 1961(02.03.2020)
Madras High Court has decided to suo moto consider the validity of Section 36B of the Advocates Act, 1961, in as much as it stipulates that in case a .....
Tags : Madras High Court, Constitutional Validity of Section 36B of The Advocates Act
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Annual Closing of Government Accounts - Transactions of Central / State Governments - Special Measures for the Current Financial Year (2018-19)(28.03.2019)
With a view to providing greater convenience to tax payers, as in previous years, it has been decided that RBI Offices and all designated branches of .....
Tags : Government Accounts, Annual Closing, Transactions of
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Bombay HC: Can’t Disqualify Sarpanch for Holding Consecutive Meetings(28.02.2023)
Bombay High Court has held that Sarpanch can’t be disqualified for holding consecutive meetings as it doesn’t amount to any statutory violation becaus.....
Tags : Bombay High Court, Sarpanch, Gram Sabha, Maharashtra Village Panchayat Act
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Commission of India Finds Google Play Store’s Updated Billing Policy Violative of Competition Act(18.03.2024)
Commission of India has prima facie found Google Play Store’s updated billing policy violative of provisions of Section 4(2)(a), 4(2)(b) and 4(2)(c) o.....
Tags : Commission of India, Google Play Store, Competition Act
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SC: Application Under Section 7 IBC Can Claim Benefit of Section 14 Limitation Act(24.03.2021)
Supreme Court has held that in an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 the applicant can claim the benefit of Secti.....
Tags : Supreme Court, Benefit of Section 14 Limitation Act
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SC: Commercial Transactions Not Within the Purview of Consumer Protection Act, 1986(08.04.2024)
Supreme Court has held that commercial disputes cannot be decided in summary proceedings under the Consumer Protection Act, 1986 but the appropriate r.....
Tags : Supreme Court, Consumer Protection Act, 1986, Commercial Disputes
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SC: Dealer Must Prove Transaction Beyond Reasonable Doubt to Claim Input Tax Credit(15.03.2023)
Supreme Court has held that under Section 70 of Karnataka Value Added tax Act, dealer claiming Input Tax Credit on purchase ought to prove and establi.....
Tags : Supreme Court, Input Tax Credit, Karnataka Value Added tax Act
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Allahabad HC: In Consensual Relationships, POCSO Act Being Misused Against Teenagers(05.07.2024)
Allahabad High Court has observed that while the POCSO Act’s primary objective is to protect children under the age of majority from sexual exploitati.....
Tags : Allahabad High Court, POCSO Act, Sexual Exploitation
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RBI Permits Residents to Conduct Foreign Currency-Rupee Swaps Transactions with Multilateral Bodies(06.11.2015)
Reserve Bank of India (RBI) has permitted domestic entities to conduct foreign currency-rupee swaps with multilateral agencies and allow hedging of lo.....
Tags : RBI, Foreign Currency-Rupee Swaps Transactions
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Madras HC Refuses to Redact Name of Person from Court Records Who was Acquitted of All Charges(03.08.2021)
Madras High Court has refused to redact the name of a person from court records, who was acquitted of all criminal charges levelled against him, while.....
Tags : Madras High Court, Redact Name of Person from Court Records
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Bombay HC: Can't Ask Daughter-In-Law To Pay Mother-In-Law Maintenance Under Senior Citizens Act(19.05.2022)
Bombay High Court has observed that a daughter-in-law cannot be directed to pay maintenance to her ailing mother-in-law, especially in the absence of .....
Tags : Senior Citizens Act, Bombay High Court
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Bombay High Court: Section 23 of MCS Act Promotes Open Membership(17.07.2024)
Bombay High Court has observed that Section 23 of the Maharashtra Co-operative Societies Act, 1960 (MCS Act) promotes concept of open membership and b.....
Tags : Bombay High Court, MCS Act, Open Membership
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ITAT, Delhi: Income Tax Penalty Cannot be Imposed Unless Assessee Obliged In Law(05.04.2022)
Income Tax Appellate Tribunal, Delhi observed that the penalty of income tax under section 271(1)(c) of the Income Tax Act, 1961 cannot be obligatory .....
Tags : Income Tax Appellate Tribunal, Delhi, income tax, section 271(1)(c) of the Income Tax Act, 1961, assessee
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SC: It is Up to the Arbitral Tribunal to Adjudicate Upon Construction of Terms of Contract(10.05.2024)
SC has held that it is for Arbitral Tribunal to adjudicate upon construction of terms of a contract. If Arbitral Tribunal takes a particular view on i.....
Tags : Supreme Court, Terms of Contract, Arbitral Tribunal, Section 34 of A&C Act
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Karnataka HC Rejects Plea for Making Public Personal Details of Persons Who Contacted COVID-19(23.04.2020)
Karnataka High Court has rejected the plea filed seeking directions to the State and Central Government to make public details of those persons who ha.....
Tags : Karnataka High Court, Personal Details of Persons Who Contacted COVID-19
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Chhattisgarh HC: Marriage Expenses Can be Claimed by Unmarried Daughter(01.04.2022)
Chhattisgarh High Court has observed that marriage expenses can be claimed by an unmarried daughter from her parents under the provisions of the Hindu.....
Tags : Chhattisgarh High Court, Hindu Adoptions and Maintenance Act, 1956, unmarried daughter, marriage expenses
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SC Stays 2014 Amendment of Maharashtra Police Act Banning Dance Performances at Bars(15.10.2015)
Supreme Court has stayed a 2014 amendment of Maharashtra Police Act banning dance performances in various places including bars in the state. The cour.....
Tags : Supreme Court , Maharashtra Police Act
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Allahabad HC Seeks Implementation of SC Order for Supply of Food to Children, Lactating Women(04.08.2020)
Allahabad High Court has sought an update from the Union Ministry of Women & Child Development regarding their policy for providing nutritional food t.....
Tags : Allahabad High Court, Supply of Food to Children, Lactating Women
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Delhi HC: Domain Name Registrars Are Intermediaries Under Information Technology Act(19.04.2022)
Delhi High Court has observed that the Registrars of Domain Name are intermediaries, within the meaning of section 2(1)(w) of the Information Technolo.....
Tags : Delhi High Court, section 2(1)(w) of the Information Technology Act, 2000, Domain Name
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Allahabad HC Upholds Constitutional Validity of Appeal Provision under SC/ST Amendment Act(11.10.2018)
Allahabad High Court has upheld the constitutional validity of Section 14A (2) of the SC/ST (Prevention of Atrocities) Amendment Act, 2015, which make.....
Tags : Allahabad High Court, SC/ST Act
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AAR, Telangana: Liquidated Damages and Penalties Due to Breach of Contract Exigible to GST(19.04.2022)
Authority of Advance Ruling, Telangana has observed that the liquidated damages and penalties received by the applicant due to breach of conditions of.....
Tags : Authority of Advance Ruling, liquidated, Central Goods and Services Tax, State goods and Services Tax Acts, exigible
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Delhi HC: Sex-Determination Based Abortion Perpetuates Gender Inequalities, Misogyny(25.04.2023)
Delhi High Court while observing that sex-determination based abortion is a powerful method of perpetuating gender inequalities and is directly relate.....
Tags : Delhi High Court, Sex-Determination, Gender Inequalities, PCPNDT Act
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Rajasthan HC Grants Time to Central Govt to File Progress Report on CAA(25.08.2020)
Rajasthan High Court on Wednesday granted a week's time to the Central Government to file a progress report on the drafting of rules for implementatio.....
Tags : Rajasthan High Court, Citizenship Amendment Act, 2019
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Cal HC: Repeal and Amendment Act of 2016 Does Not Remove S. 2A(2) of Industrial Disputes Act(17.04.2023)
Calcutta High Court has held that Repeal and Amendment Act of 2016 does not have the effect of removing section 2A(2) from Industrial Disputes Act, 19.....
Tags : Calcutta High Court, Labour Courts/Tribunals, Jurisdiction, Repeal, Industrial Disputes Act
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Madras High Court Directs on Appropriate Action Against Illegal Mining Activities(22.06.2021)
Madras High Court has directed the State government to attend to the malaise of plundering of the mineral wealth of the State by unscrupulous elements.....
Tags : Madras High Court, Illegal Mining Activities
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Oxytocin formulations ban to come into effect from 1st July 2018, KAPL to manufacture the drug for domestic use only(27.06.2018)
The Ministry of Health and Family Welfare has restricted the manufacture of Oxytocin formulations for domestic use to public sector only from 1st July.....
Tags : Oxytocin formulations, Ban, Manufacture
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Madras HC Directs State to Revamp Madras Medical Registration Act(07.12.2022)
Madras High Court has directed the State to revamp the ‘archaic’ Madras Medical Registration Act, 1914 after it was brought to the court's notice that.....
Tags : Madras High Court, Medical Registration Act, Election
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President Gives Assent to Recovery Laws(19.08.2016)
President has given assent to the Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Act, 2016.
Tags : President, Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Act, 2016
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Coverage on export transactions to Russia not withdrawn: Export Credit Guarantee Corporation of India(28.02.2022)
Export Credit Guarantee Corporation of India (ECGC) has clarified that the coverage on export transactions to Russia has not been withdrawn. It has be.....
Tags : Coverage, Export transactions, ECGC
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Kar. HC: Non-Signatory Defendants Cannot Be Exposed to Arbitration under Section 8 of A&C Act(29.05.2023)
Karnataka High Court has ruled that the non-signatory defendants cannot be exposed to arbitration under Section 8 of the Arbitration and Conciliation .....
Tags : Karnataka High Court has, Arbitration and Conciliation Act, Section 8
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Supreme Court: Modifications by Lawyer on Mixed Questions of Fact and Law Cannot Bind Party(13.06.2019)
Supreme Court has observed that concessions made by a lawyer on mixed questions of fact and law cannot bind the party. The Court held that "Where a qu.....
Tags : Supreme Court, Mixed Questions of Fact and Law
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Karnataka HC: Charge sheet Without FSL Report Not Defective u/s 167(2) CrPC(08.04.2022)
Karnataka High Court has observed that an accused charged under Narcotic Drugs and Psychotropic Substances Act, 1985 does not get a right to default b.....
Tags : Karnataka High Court, Narcotic Drugs & Psychotropic Substances Act,1985, Section 167(2) of Code of Criminal Procedure, 1973, Forensic Science Laboratory Division, charge sheet
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Gujarat HC: There Cannot Be Deemed Waiver of Section 12(5) of A&C Act(12.04.2022)
Gujarat High Court has held that unless the embargo placed under Section 12(5) of the Arbitration and Conciliation Act, 1996 is waived by the parties,.....
Tags : Gujarat High Court, embargo, Section 12(5) of the Arbitration and Conciliation Act, 1996
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Calcutta HC Upholds Single-Bench Order, Nullify West Bengal Madrasa Service Commission Act, 2008(10.12.2015)
Calcutta High Court has upheld a single bench order that nullified the West Bengal Madrasa Service Commission Act, 2008 and rejected appeal by West Be.....
Tags : Calcutta High Court , West Bengal Madrasa Service Commission Act, 2008
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Delhi HC: Section 10 of CPC Does Not Lay an Embargo in Proceeding with Arbitration(11.04.2022)
Delhi High Court has held that Section 10 of the Code of Civil Procedure, 1908 does not lay an embargo in proceeding during the pendency of insolvency.....
Tags : Delhi High Court, Section 10 of the Code of Civil Procedure, 1908, embargo, insolvency proceedings, Provincial Insolvency Act, 1920
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Del. HC: No Mechanism to Assess or Collect Tax on Sponsorships in Entertainment Tax Act(08.08.2024)
Delhi High Court has observed that imposition of a tax on sponsorship under the Delhi Entertainments and Betting Tax Act, 1996 must fail in the absenc.....
Tags : Delhi High Court, Sponsorships, Entertainment Tax Act
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Interest on Compensation Amount to be Awarded from Date of Accident: SC(03.11.2018)
Supreme Court has observed that while awarding interest on the compensation to an employee, under the Workmen’s Compensation Act, it is to be awarded .....
Tags : Supreme Court, Workmen’s Compensation Act
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All. HC: Seasonal Employment Can’t be Termed as ‘Unfair Labour Practice’(10.07.2023)
Allahabad High Court while observing that temporary employment also generates employment, is for the good of the society at large, has held that seaso.....
Tags : Allahabad High Court, Unfair Labour Practice, Seasonal Employment
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Categorizing Unskilled Employees As Semi-Skilled on Basis of Their Experience is Ultra Vires: SC(02.05.2019)
Supreme Court has held that categorization of unskilled employees as semiskilled and semi-skilled as skilled on the basis of their experience in the n.....
Tags : Supreme Court, Minimum Wages Act, Skilled Employees
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SC: No Deemed Registration in Case of Non-deciding of S. 12AA Application(28.04.2022)
Supreme Court has observed that there cannot be a deemed registration in case of non-deciding of an application filed under section 12AA (2) of the In.....
Tags : Supreme Court, section 12AA (2), Income Tax Act, 1961, deemed registration
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CESTAT: Penalty Under Central Excise Act is Not Sustainable by Third Party Evidence(19.05.2022)
Customs, Excise & Service Tax Appellate Tribunal, Delhi has ruled that the demand of duty and penalty under the Central Excise Act, 1944 is not sustai.....
Tags : Customs, Excise & Service Tax Appellate Tribunal, Central Excise Act, 1944, demand of duty
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Supreme Court: There Should be Proactive Participation of Trial Court in Trials(16.07.2024)
SC has observed that the Trial Court is under an obligation not to act as a mere spectator and should proactively participate in the trial proceedings.....
Tags : Supreme Court, Trial Court, Proactive Participation
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Karnataka HC: Provisions of KPIDFE Act Cannot be Initiated After Insolvency Proceeding Initiated(31.05.2021)
Karnataka High Court has said that the provisions of the Karnataka Protection of Interest of Depositors in Financial Establishment (KPIDFE) Act, 2004,.....
Tags : Karnataka High Court, Provisions of KPIDFE Act
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Delhi HC: Petition Under Article 227 Based on Violation of Legal Provisions Can't Be Allowed(08.04.2022)
Delhi High Court has ruled that a petition under Article 227 of the Constitution of India, 1949 cannot be allowed against an order passed under Sectio.....
Tags : Delhi High Court, Section 16(3), Arbitration and Conciliation Act, 1996, Article 227, Constitution, Tribunal, Jurisdiction
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Karnataka HC Upholds Constitutional Legality of Proviso (v) to S.14(1) SARFAESI Act(14.04.2022)
Karnataka High Court has upheld the Constitutional legality of proviso (v) Section 14(1) of the Securitization and Reconstruction of Financial Assets .....
Tags : Karnataka High Court, Constitutional legality, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002
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Delhi HC Gives Centre 60 Days for Finalizing Cairn’s Barmer PSC Extension(08.11.2016)
Delhi High Court has given Central Government another two months to arrive at its decision regarding extension of a Production Sharing Contract (PSC) .....
Tags : Delhi High Court, Production Sharing Contract, Cairn India
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Enforcement date of Aadhaar and Other Laws (Amendment) Act, 2019(25.07.2019)
In exercise of the powers conferred by sub-section (2) of section 1 of the Aadhaar and Other Laws (Amendment) Act, 2019 (14 of 2019), the Central Gove.....
Tags : Enforcement date, Aadhaar, Amendment Act
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Chhattisgarh HC bars University From Replacing Guest Lecturer Except by Way of Regular Appointment(05.05.2022)
Chhattisgarh High Court has reiterated that because a person is selected as a Guest Lecturer at a college or a University, doesn’t mean that he/she do.....
Tags : Chhattisgarh High Court, contractual appointments, legitimate expectation, Guest Lecturer, complaint
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Bombay HC Issues Clarification on its January 2023 Order Regarding Adoption Proceedings(19.06.2023)
Bombay High Court while issuing clarification to its January 2023 Order that granted interim stay on transfer of pending adoption matters from Court t.....
Tags : Bombay High Court, Adoption Proceedings, JJ Act, Clarification
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Bombay HC Rules, Suspecting Wife’s Character Amounts to Cruelty(28.09.2016)
Bombay HC, while quashing a family court verdict, has allowed an Amravati woman to end her marriage by ruling that “suspecting wife’s character is cr.....
Tags : Bombay HC, Cruelty, Wife’s Character
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Manipur HC Directs State Government to Implement Mental Healthcare Act(14.09.2020)
Manipur High Court has directed the State Government to implement the provisions of the Mental Healthcare Act, 2017 and establish the necessary infras.....
Tags : Manipur High Court, Mental Healthcare Act, 2017
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SC: S. 52A of Wakf Act Cannot Apply To Tenants Who Took Possession Before Enactment of the Provision(03.05.2023)
Supreme Court has observed that criminal proceedings under Section 52A of the Wakf Act 1995 cannot be maintained against persons who were in possessio.....
Tags : Supreme Court, Wakf Act
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National Food Security Act Gets Pan-India Coverage(04.11.2016)
National Food Security Act (NFSA), which envisages supply of subsidized food grains, has been implemented across the country.
Tags : National Food Security Act
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Chhattisgarh HC: MSME Facilitation Council can Also Administer Arbitration(18.04.2022)
Chhattisgarh High Court has held that the bar under section 80 of the Arbitration and Conciliation Act, 1996 which prevents the conciliator acting as .....
Tags : Chhattisgarh High Court, section 80 of the Arbitration and Conciliation Act, 1996, Ministry of Micro, small & Medium Enterprises
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Gauhati HC: Assessing Officer and Inspecting Person Need Not Be Similar Person Under Electricity Act(21.04.2022)
Gauhati High Court has observed that Section 126 of the Electricity Act, 2003 empowers the Assessing Officer as chosen to carry out the provisional as.....
Tags : Gauhati High Court, Section 126 of the Electricity Act, 2003, Assessing Officer
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Bombay HC: Running Clinics is not a Commercial Activity(25.10.2016)
Bombay High Court has held that a clinic run of a private doctor or their partnership firm can't come under the definition of 'commercial establishmen.....
Tags : Bombay HC, Clinics, private doctor, Commercial Activity
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Meghalaya HC: Order Can’t be Passed U/s 148A(d) Without Taking Into account the Assessee’s Reply(23.05.2022)
Meghalaya High Court has held that no order can be passed under Section 148A(d) of the Income Tax Act, 1961, without taking into consideration reply f.....
Tags : Meghalaya High Court, Assessee, Income-Tax Act, 1961
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Kar. HC: If Accused Doesn’t Adhere to Settlement Under NI Act, Criminal Proc. Should be Initiated(26.06.2024)
Karnataka High Court has observed that if the accused does not adhere to the settlement between parties in a case under Section 138 of the Negotiable .....
Tags : Karnataka High Court, S. 138 of NI Act, Criminal Proceedings
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Kerala HC: POCSO Act Prevails Over SC/ST Act(27.10.2022)
Kerala High Court has held that Protection of Children from Sexual Offences Act, 2012 (POCSO) prevails over SC/ST (Prevention of Atrocities) Act, 1989.....
Tags : Kerala High Court, POCSO, SC/ST Act
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SC Stays Madras HC Judgment on TDS Liability of Christian Nuns & Missionaries(10.05.2019)
Supreme Court has stayed Madras HC judgment which had ruled that salaries received by missionaries and nuns of Catholic Church are liable to be subjec.....
Tags : Supreme Court, Tax Deduction at Source, IT Act, 1961, Section 192
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Allahabad HC: Political Activists Have a Right to Protest Against Administration(09.12.2022)
Allahabad High Court while quashing criminal case filed against the sitting minister in the State government and BJP MLA, Dinesh Pratap Singh, has hel.....
Tags : Allahabad High Court, Political Activists, Protest
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Govt.: Deduction Benefit under Section 35AC Only Till March 31(22.08.2016)
Government has said that benefit of deduction under section 35AC of the IT Act will only be available till March 31, in respect to the payments made t.....
Tags : Government, Section 35AC, IT Act
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Shri Piyush Goyal asks businesses to adopt a sustainable and green approach in business practices(23.01.2023)
Union Minister of Commerce and Industry, Consumer Affairs, Food and Public Distribution and Textiles, Shri Piyush Goyal asked businesses to adopt a su.....
Tags : Green approach, Business practices
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Delhi High Court: Ensure Employees Paid as per Service Contract Every Month(30.05.2019)
Delhi High Court has directed the municipal corporations of North and East Delhi to ensure salaries are disbursed to their employees, including doctor.....
Tags : Delhi High Court, Contract
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Bombay HC Orders Cut in Water Supply to Liquor Factories(26.04.2016)
Bombay HC has ordered upto 60% cut in water supply to liquor factories, 50% water cut till May 10 and 60% water cut post May 10.
Tags : Bombay HC, Liquor Factories
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SC: Criminal Cases Having Civil Character Should be Quashed When Parties Resolved Disputes(04.10.2024)
SC has stated that criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions o.....
Tags : Supreme Court, Civil Character, Criminal Cases
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SC: Writ Jurisdiction Can be Applied When Contractual Terms Imposed by State are Arbitrary(09.02.2023)
Supreme Court while invalidating GAIL's Condition imposed on IPCL, has held that if the State in its contractual dealings fails to exercise a degree o.....
Tags : Supreme Court, Writ Jurisdiction, Contractual Terms, Arbitrary
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#GST Rollout: All 30 States, Union Territories sans J&K Ready For GST From July 1(22.06.2017)
All States and Union Territories, barring Jammu and Kashmir, have passed their State GST Act, paving the way for rollout of Goods and Services Tax fro.....
Tags : GST Rollout:, State GST Act
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Central Govt. notifies few activities when carried out for or on behalf of another natural or legal person in the course of business as an activity as defined in Section 2(1)(sa)(vi) of PMLA(07.03.2023)
In exercise of the powers conferred by sub-clause (vi) of clause (sa) of sub-section (1) of section 2 of the Prevention of Money-laundering Act, 2002 .....
Tags : Legal person, Activity, Notification
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Kerala HC: Non Release of Seized Documents in Supreme Court is Illegal(01.04.2022)
Kerala High Court has held that the income tax department is unauthorized to retain the seizure of title deeds under Section 132 of the Income Tax Act.....
Tags : Kerala High Court, income tax department, title deeds, Section 132 of the Income Tax Act, 1961, Special Leave Petition
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SC Notices Centre & UP Government over Exemption to Minority Schools under Right to Education Act(06.10.2016)
SC has issued notice to Centre & Uttar Pradesh Government on a plea seeking a relook by a constitution bench on whether minority institutions both aid.....
Tags : SC, Uttar Pradesh, minority institutions, Right to Education Act
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Delhi HC Quashes Reassessment Notice, There Is No Rational Nexus To Believe Escapement Of Income(08.03.2022)
Delhi High Court has nullified the reassessment notice issued under Section 148 of Income Tax Act, 1961 on the grounds that the reason to believe was .....
Tags : Delhi High Court, Section 148, Income Tax Act, 1961, Reassessment Notice
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SC Seeks Details of Public Funding and Aid Given to COVID Vaccine Manufacturers(04.05.2021)
Supreme Court has sought from the Central Government the details of public funding and aid given to COVID vaccine manufacturers Bharat Biotech and Ser.....
Tags : Supreme Court, Aid Given to COVID Vaccine Manufacturers
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ITAT, Mumbai: Revisional Jurisdiction Can’t be Invoked , Order of Assessment Without Reasons(04.04.2022)
Income Tax Appellate Tribunal, Mumbai, has observed that the revisional jurisdiction under section 263 of Income Tax Act, 1961 cannot be invoked while.....
Tags : Income Tax Appellate Tribunal, revisional jurisdiction, Section 263 of the Income Tax Act, 1961, M/s Reliance Payment Solutions Pvt Ltd
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Government Notifies Real Estate Regulatory Act for Five Union Territories(02.11.2016)
Government has notified Final Rules to implement Real Estate (Regulation and Development) Act, 2016 for five Union Territories, that aims to bring tra.....
Tags : Real Estate Regulatory Act, Union territories
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Allahabad HC Dismisses PIL for Action Against Politicians Involved with Vikas Dubey(23.06.2021)
Allahabad High Court has dismissed with cost, a Public Interest Litigation seeking directions to the Uttar Pradesh Government for taking action on the.....
Tags : Allahabad High Court, Action Against Politicians Involved with Vikas Dubey
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Allahabad HC: 4% VAT Applicable on AT-PLAST Used in Mixing of Ready Mix Concrete(09.05.2022)
Allahabad High Court by allowing the revision petition has observed that the item AT-PLAST used in mixing of ready mix concrete is taxable at the rate.....
Tags : Allahabad High Court, Uttar Pradesh Value Added Tax Act, 2008, AT-PLAST
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Delhi HC Says Delay in Formulating Scheme has Defeated the Purpose of Street Vendors Act(05.10.2016)
Delhi HC has said that delay in formulating a scheme to carry out a survey of street vendors in the city and issuing them certificates to sell their w.....
Tags : Delhi HC, Street Vendors Act
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Alignment of Appendix 4R with the Finance Act, 2022 with effect from 01.05.2022(01.06.2022)
In exercise of the powers conferred by Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 read with Para 1.02 of the Foreign Trade .....
Tags : Alignment, Appendix 4R, Finance Act, 2022
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ITAT, Pune: Exemption of Capital Gain u/s 54F not available for Purchase of Office Premises(11.04.2022)
Income Tax Appellate Tribunal, Pune has observed that the exemption of capital gain under section 54F of the Income Tax Act, 1961 is unavailable if th.....
Tags : Income Tax Appellate Tribunal, capital gain, section 54F of the Income Tax Act, 1961, sale consideration
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Ker. HC: Unexplained Delay in Issuing Detention Order is Ground for Quashing(02.06.2023)
Kerala High Court has held that as per the Kerala Anti-Social Activities (Prevention) Act, 2007, a detention order issued against a person can be quas.....
Tags : Kerala High Court, Kerala Anti-Social Activities (Prevention) Act, 2007
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Madras HC Dismisses Medical Practitioners Plea to Prescribe Modern Medicines Without Qualification(14.11.2016)
Madras High Court has vacated a ten-year-old interim injunction which helped members of Private Medical Practitioners Association of India to prescrib.....
Tags : Madras High Court, Medical Practitioners, Medicines, Qualification
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Kerala HC Allows Development of Embryo Kept Frozen by Couple for 8 Years(23.06.2022)
Kerala High Court while allowing development of embryo kept frozen by couple for 8 years has held that Assisted Reproductive Technology (Regulation) A.....
Tags : Kerala High Court, Assisted Reproductive Technology (Regulation) Act, 2021
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Post-Divorce, No Relief Under Domestic Violence Act: Bombay HC(23.04.2019)
Bombay High Court has ruled that a woman cannot seek relief under the Domestic Violence Act against her divorced husband, as after divorce there is no.....
Tags : Supreme Court, Post-Divorce, Domestic Violence Act
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ITAT, Kolkata: Adjudicating Authorities Cannot Grant Approval U/S 10(23C) With Retrospective Effect(27.04.2022)
Income Tax Appellate Tribunal, Kolkata has ruled that the adjudicating authorities under the Income Tax Act, 1961 cannot grant approval under section .....
Tags : Income Tax Appellate Tribunal, Income Tax Act, 1961, section 10(23C), retrospective
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TRAI releases Report on Activities for the period 1st January 2018 to 31st December 2018(20.05.2019)
Telecom Regulatory Authority of India (TRAI) has today released the Report on Activities for the period 1st January 2018 to 31st December 2018. The Re.....
Tags : Report, release, Activities
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Bombay HC Asks Centre to Submit Procedure in Application Against Unlawful Activities of Organization(17.02.2020)
Bombay High Court has asked the Centre to submit on record the procedure followed in deciding an application seeking a ban on an organisation for indu.....
Tags : Bombay High Court, Procedure for Application, Unlawful Activities of Organization
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Delhi Court rants Bail to Photojournalist Manan Dar in UAPA Case(04.01.2023)
Delhi Court has granted bail to Kashmir based photojournalist Mohd Manan Dar in a case registered under Unlawful Activities (Prevention) Act, 1967 whi.....
Tags : Delhi Court, Unlawful Activities (Prevention) Act, Bail
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Delhi HC: Wife Openly Calling Husband Impotent Amounts To Mental Cruelty(26.03.2024)
Delhi High Court while granting divorce to a husband on the grounds of cruelty u/s 13 (1)(ia) of the Hindu Marriage Act,1955 has said that being openl.....
Tags : Delhi High Court, Hindu Marriage Act,1955, Section 13 (1)(ia)
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Constitutional Validity of S. 71(3A) of IT Act Upheld by Delhi High Court(03.06.2024)
Delhi High Court has upheld the constitutional validity of Section 71(3A) of the Income Tax Act, 1961 which was added by Section 31 of the Finance Act.....
Tags : Delhi High Court, Constitutional Validity, Income Tax Act, 1961
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Economy Instructions-Printing activities(02.09.2020)
1.As the world is increasingly moving towards adopting digital force multipliers for productivity and given the fact that using technological innovati.....
Tags : Economy Instructions, Printing activities
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Bom. HC: New Amendment to IT Rules 2022 Prima Facie Lacks Necessary Safeguards(24.04.2023)
Bombay High Court while considering petition challenging IT (Amendment) Rules, 2023 allowing Government’s fact checking unit to identify “fake news” a.....
Tags : Bombay High Court, IT Rules, Fake News, Fact Checking, Safeguards
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Karnataka HC: Neglecting To Maintain Wife & Living With Another Woman Amounts to 'Domestic Violence'(11.08.2017)
Karnataka High Court has held that omission of husband in neglecting to maintain the wife and living with another woman amounts ‘economic’ and ‘emotio.....
Tags : Karnataka High Court, Domestic Violence Act
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Disqualified Lawmakers’ House Membership to Be Revived if Conviction is Stayed: SC(27.09.2018)
Supreme Court has affirmed that once the conviction of an MP or MLA has been stayed by the appellate court under section 389 of the CrPC, the disquali.....
Tags : Supreme Court, Disqualitfication, Representation of the People’s Act
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Del. HC: Proper Officer Empowered to Grant Upto 3 Adjournments if Sufficient Cause Shown(30.04.2024)
Del. HC has held that Section 75(5) of the Goods and Service Tax Act, 2017 empowers the proper officer to grant upto three adjournments if sufficient .....
Tags : Delhi High Court, Section 75(5) of GST Act, Sufficient Cause
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Calcutta HC: Larger Bench to Decide Upon Power to Settle Dispute Between Consumer, Tele Company(18.05.2017)
Calcutta High Court has directed the formation of a larger Bench to decide whether a dispute between a consumer and a private basic or cellular teleph.....
Tags : Calcutta High Court, Indian Telegraph Act
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ITAT, Delhi: Penalty Notice Issued Without Applying Mind in Stereotyped manner is Not Valid(30.03.2022)
Income Tax Appellate Tribunal, Delhi has observed that a penalty notice issued in a stereotyped manner under section 271(1)(c) of the Income Tax Act, .....
Tags : Delhi Income Tax Appellate Tribunal, stereotyped, Section 271(1)(c) of the Income Tax Act, 1961
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Centre Starts Granting Citizenship Under CAA in West Bengal, Haryana and Uttarakhand(30.05.2024)
Central Government has started granting citizenship under the Citizenship (Amendment) Act, 2019 (CAA) in West Bengal, Haryana and Uttarakhand. Ministr.....
Tags : Central Government, Citizenship (Amendment) Act, 2019, West Bengal, Haryana, Uttarakhand
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Supreme Court Upholds Validity of Provisions of TN VAT Act, 2006(20.08.2019)
Supreme Court of India has upheld the decision of the High Court of Judicature at Madras and has rejected a batch of writ petitions which challenged t.....
Tags : Supreme Court, TN Vat Act, 2006
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Bombay HC: Forwarding of Woman's Nude Video is ‘Sexually Explicit Act’ Under IT Act(17.06.2022)
Bombay High Court has in a plea for anticipatory bail held that a man accused of forwarding a married woman's nude video to several people would be an.....
Tags : Bombay High Court, Sexually Explicit Act, Nude Video
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Supreme Court: Non-voluntary Confession Cannot Form Basis of Conviction(28.04.2017)
Supreme Court, while setting aside conviction of accused in Hindu Munnani Activist murder case, has observed that confessions of accused are involunta.....
Tags : Supreme Court, Hindu Munnani Activist
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SC: Arbitral Tribunal Can Grant Post Award Interest Included in Sum of Award(26.04.2022)
Supreme Court has ruled that the Arbitral Tribunal can grant post-award interest on the sum of the award including the interest component. The Court r.....
Tags : Supreme Court, arbitral tribunal, Section 31(7), Arbitration and Conciliation Act, 1996
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ITAT, Delhi: Revisional Jurisdiction Can be Invoked in Very Gross Case of Inadequacy in Inquiry(29.04.2022)
Income Tax Appellate Tribunal, Delhi has ruled that the Revisional jurisdiction under section 263 of the Income Tax Act, 1961 can be invoked in a very.....
Tags : Income Tax Appellate Tribunal, revisional jurisdiction, section 263, Income Tax Act, 1961
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SC: Can’t Reject Election Petition at Threshold When there is Compliance of Provisions of RP Act(16.09.2024)
Supreme Court has held that an Election Petition should not be rejected at the very threshold when it discloses a cause of action and there is substan.....
Tags : Supreme Court, Election Petition, RP Act
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All. HC: Can’t Declare Transaction Benami on Contractor’s Statement Without Relevant Material(29.04.2024)
Allahabad High Court has held that construction cannot be declared as benami under the Prohibition of Benami Property Transactions Act, 1988 merely on.....
Tags : Allahabad High Court, Benami, Contractor’s Statement
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Bombay High Court Junks Plea Challenging Vires of Contempt of Courts Act(18.05.2017)
Bombay High Court has dismissed a petition challenging constitutional validity of Contempt of Courts Act, 1971, filed by Advocate Satish Uke who in Fe.....
Tags : Bombay High Court, Contempt of Courts Act
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P&H HC: Production Of Certificate Not Necessary to Obtain Voice Sample of Accused(30.03.2022)
Punjab and Haryana High Court has ruled that while filing an application by the prosecution to obtain the voice sample of the accused for the purposes.....
Tags : Punjab and Haryana High Court, Section 65B(4) of the Evidence Act, voice sample, certificate
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Delhi High Court: Question of Property Title Can’t be Decided by Forums Under Senior Citizens Act(29.05.2024)
Del. HC has held that a reading of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 makes it clear that the forum under the Act do.....
Tags : Delhi High Court, Senior Citizens Act, Title of Property
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SC: ‘De Facto Control’ Test Relevant to Determine if Company is Resident in India(12.04.2023)
Supreme Court while observing that domicile or registration of company are not relevant test to determine if company is resident of India, has held th.....
Tags : Supreme Court, De Facto Control, Resident, Company
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Del. HC: Detailed Reasons Not to be Given by Arbitrator When Granting Request to Summon Witnesses(15.07.2024)
Delhi High Court has held that for granting the request to summon a witness under section 27(1) of the Arbitration and Conciliation Act, 1996, the arb.....
Tags : Delhi High Court, S. 27(1) of A&C Act, Summon Witnesses
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ITAT Bangalore: No Penalty If Assessee Admitted Income During Search and Paid Tax(07.11.2017)
Income Tax Appellate Tribunal (ITAT), Bangalore held that penalty under Section 271AAA of the Income Tax Act should not be levied if the assessee admi.....
Tags : Income Tax Appellate Tribunal, Section 271AAA of the Income Tax Act
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ITAT: Income Tax Penalty U/S 271E Cannot be Levied In Absence of Regular Assessment(13.05.2022)
Income Tax Appellate Tribunal, Ahmedabad has ruled that the income tax penalty under Section 271E of the Income Tax Act, 1961 cannot be levied in the .....
Tags : Income Tax Appellate Tribunal, Income Tax Act, 1961, Section 271E, assessee
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Orissa HC: "Last Come First Go" Principle Can Be Departed By Employer Only After Recording Reasons(20.05.2022)
Orissa High Court has held that the principle of "last come first go" cannot ordinarily be departed from by employers while retrenching labourers unde.....
Tags : Orissa High Court, Retrenchment, Workmen, Industrial Dispute Act, 1947
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MP HC: Party Required to Lay Factual Foundation for Getting Benefit of Section 65 of Evidence Act(26.07.2024)
Madhya Pradesh High Court has observed that it is well settled principle of law that when a photocopy of the document is produced, then in order to ge.....
Tags : Madhya Pradesh High Court, Factual Foundation, S. 65 of IEA, Secondary Evidence
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ITAT, Delhi: Depreciation not Allowable On Non-Compete Fee(06.04.2022)
Income Tax Appellate Tribunal, Delhi has observed that the depreciation is not allowable on non-compete fee under section 32 of the Income Tax Act, 19.....
Tags : Income Tax Appellate Tribunal, depreciation, non-compete fee, section 32 of the Income Tax Act, 1961
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SC: Genuineness of Transaction Cannot Be Doubted Merely Because Thumb Impression Affixed(18.08.2021)
Supreme Court has observed that genuineness of property transaction cannot be doubted merely because thumb impression was affixed instead of signature.....
Tags : Supreme Court, Genuineness of Property Transaction
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SC Gives Split Verdict on Jurisdiction of Settlement Commission w.r.t Goods U/S 123 Customs Act(08.05.2023)
Supreme Court division bench comprising Justices Krishna Murari and Sanjay Karol has delivered a split verdict in respect to issue if jurisdiction of .....
Tags : Supreme Court, Customs Act, Settlement Commission
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If a person tried for criminal offence but ordinary criminal law will not be able to deal with situation, only then, preventive detention can be taken recourse to(02.11.2017)
Present petition was against the order of detention passed by Respondent in exercise of powers conferred under Section 3[2] of the Gujarat Prevention .....
Tags : Illegal Activity, Detention, Validity
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Karnataka HC: Invoking S.138 Of NI Act Does Not Bar Registration of Crime Under Section 420(16.05.2022)
Karnataka High Court has held that proceedings under Section 420 of the Indian Penal Code are maintainable even if a complaint has been invoked under .....
Tags : Karnataka High Court, Section 420 of Indian Penal Code, 1860, Negotiable Instruments Act, 1881
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SC: Definition of ‘Consumer’ Includes ‘Consumers’(17.05.2023)
Supreme Court while referring to Brigade Enterprises Ltd. v. Anil Kumar (MANU/SC/1285/2021) has held that upon a conjoint reading of Section 2(1)(b)(i.....
Tags : Supreme Court, Consumers, Consumer Protection Act
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All. HC: Petit. Seeking in Person Appearance Can File Petitions from District Courts’ e-Sewa Kendras(12.08.2024)
The Registrar of Central Public Information Officer, Allahabad High Court , in a reply to an application filed under the Right To Information Act, 200.....
Tags : e-Sewa Kendras, Allahabad High Court, RTI Act
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SC: Dominant Intention to be Looked Into to Decide Whether Transaction Was Commercial(27.08.2024)
Supreme Court has stated that it is the dominant intention of the transaction that is to be looked into to find out if it had any nexus with some kind.....
Tags : Supreme Court, Dominant Intention, Commercial Activities
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Mad. HC: Can Attach Properties Purchased Prior to Offence if Criminal Activity Held Outside Country(04.10.2024)
Madras High Court has observed that in respect of properties purchased prior to scheduled offence under the Prevention of Money Laundering Act, 2002 s.....
Tags : Madras High Court, Criminal Activity, PMLA
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Ker. HC: IO Mixes Contraband Found in Separate Packs, Bail Granted to Accused Booked Under NDPS Act(24.06.2024)
Kerala High Court has granted bail to an accused booked under the Narcotic Drugs and Psychotropic Substances, 1985(NDPS) possessing contraband after n.....
Tags : Kerala High Court, NDPS Act, Contraband
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Transaction Can’t Be Treated As Bogus Merely Based On Report Of Investigation Wing: ITAT(13.09.2018)
Jaipur bench of ITAT has held that a transaction cannot be treated as bogus only on the basis of the report of Investigation Wing.
Tags : NCLT, Bogus Transactions
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ITAT, Ahmedabad: Undisclosed Sale Consideration of Property Can Only Assessable as Capital Gain(02.05.2022)
Income Tax Appellate Tribunal, Ahmedabad has ruled that the undisclosed sale consideration of the property can be subjected to tax as capital gain und.....
Tags : Income Tax Appellate Tribunal, capital gain, section 48, Income Tax Act, 1961, Undisclosed sale consideration
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Allahabad HC quashes Re-Assessment Order; Says Notice Issued Without Jurisdiction is Invalid(12.05.2022)
Allahabad High Court has held that once the notice under Section 148 of the Income Tax Act, 1961, issued by the assessing authority was declared witho.....
Tags : Allahabad High Court, Section 148, Income Tax Act, 1961, jurisdiction
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Bombay HC: Must have Convincing Reasons to Withhold Documents Obtained During Seizure under CGST Act(28.08.2019)
Bombay High Court has ruled that any authority under the Central Goods and Services Tax Act, 2017/CGST Act who conducts search of documents or books o.....
Tags : Bombay HC, CGST Act
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Allahabad HC: Court Can Allow Production of Certificate U/S 65-B(4) of IEA at Later Stage of Trial(10.06.2022)
Allahabad High Court has held that trial court has power to allow prosecution to produce the certificates under Section 65-B (4) of the Indian Evidenc.....
Tags : Allahabad High Court, Evidence Act, Certificate
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Even Unregistered Partnership Firm Can Maintain ‘Cheque Bounce’ Complaint: HP High Court(17.09.2018)
Himachal Pradesh HC has held that even an unregistered partnership firm can maintain acheque bounce complaint under Section 138 of the Negotiable Inst.....
Tags : Himachal Pradesh High Court, Partnership Firm, Negotiable Instruments Act
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Madras HC: Arbitral Award Not Providing Statutory Compensation Under NHA is Perverse(04.05.2022)
Madras High Court has observed that an arbitral award does not provide for payment of compulsory statutory compensation with regard to the land acquir.....
Tags : Madras High Court, arbitral award, National Highways Act, 1956
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Patna HC: Order for Interim Compensation Under NI Act Can be Enforced As 'Public Demand'(12.05.2022)
Patna High Court has ruled that an order for payment of interim compensation under the Negotiable Instruments Act, 1881 (NI Act) can be enforced under.....
Tags : Patna High Court, Negotiable Instruments Act, 1881, & Orissa Public Demands Recovery Act, 1914, public demand
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New Motor Vehicles Act Enforced from 1st September, 2019(02.09.2019)
The new Motor Vehicles (Amendment) Act, 2019 has been enforced from 1st September, 2019 as a result of which violating traffic rules will attract hars.....
Tags : New Motor Vehicles Act, 1st September, 2019
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Gujarat HC: Scope of Judicial Review is Limited in Contractual Matters Involving Technical Issues(13.06.2022)
Gujarat High Court while refusing to interfere with order of Dispute Resolution Panel, has held that the scope of judicial review in contractual matte.....
Tags : Gujarat High Court, Contractual Matters, Technical Issues
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SC: Arbitrary Termination of Contract Erode Trust of Private Parties from Public Procurement Process(11.07.2024)
SC has held that when public authorities enter into contracts, they create legitimate expectations that the State will honour its obligations. Arbitra.....
Tags : Supreme Court, Public Procurement Process, Termination of Contract
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AP HC: State Commissioner of Food Safety Can’t Impose Ban on Manufacture & Sale of Gutka, Pan Masala(27.03.2023)
Andhra Pradesh High Court has held that State Commissioner of Food Safety is neither authorized nor have any jurisdiction to issue notification, prohi.....
Tags : Andhra Pradesh High Court, State Commissioner, Food Safety and Standard Act, Pan Masala
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SC Upholds State’s Power to Attach Properties of ‘Defaulting’ Financial Establishments(17.05.2017)
Supreme Court has upheld State's power to issue ad interim order u/s 3 of Tamil Nadu Protection of Interests of Depositors Act, 1997, attaching immova.....
Tags : Supreme Court, Tamil Nadu Protection of Interests of Depositors Act, 1997
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Kerala HC: No Illegality in Invoking LARR Act for Land Acquisition(30.03.2022)
Kerala High Court has reiterated that the State government was reasonable in acquiring land in furtherance of its K-Rail SilverLine Project by invokin.....
Tags : Kerala High Court, K-Rail SilverLine Project, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013
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All. HC: Extension of Limitation Under A&C Act Can’t be Sought if Party Aware of Contents of Award(27.05.2024)
Allahabad High Court has held that if a party seeking extension of limitation by application of Section 31(5) of the Arbitration and Conciliation Act,.....
Tags : Allahabad High Court, S. 31(5) of A&C Act, Limitation Period
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SC Upholds Constitutional Validity of Goods and Services Tax (Compensation To States) Act, 2017(04.10.2018)
Supreme Court has upheld the Constitutional validity of Goods And Services Tax (Compensation To States) Act, 2017, as well as the Goods and Services T.....
Tags : Supreme Court, Goods and Services Tax (Compensation To States) Act, 2017
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Charges on digital transactions(11.04.2017)
Digital financial transactions are a part of the Government's strategy to create histories of transactions, including the associated credit, and there.....
Tags : Digital transactions, Charges, Levy
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AP HC Stays State’s Decision to Prohibit Holding of Public Meetings on Roads(16.01.2023)
Andhra Pradesh High Court has stayed the operation of an order passed by the state government prohibiting the conducting of the public meetings on pub.....
Tags : Andhra Pradesh High Court, Public Meetings, Roads, Police Act
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Delhi High Court: Nikah After Marriage Under Special Marriage Act, Divorce Petition Maintainable(26.03.2018)
Delhi High Court has held that Family Court can entertain and try a petition for dissolution of marriage under the Special Marriage Act, if the partie.....
Tags : Delhi High Court, Special Marriage Act
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ITAT, New Delhi: Interest on Enhanced Compensation Does Not Come u/s 56 IT Act(08.04.2022)
Income Tax Appellate Tribunal( ITAT ), New Delhi has observed that received interest on enhanced compensation does not comes under income from other s.....
Tags : Income Tax Appellate Tribunal, received interest, enhanced compensation, Tax Deduction at Source, section 194A of the income tax act, 1961
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Delhi HC: Scholarship by Hamdard Foundation Eligible for Exemption Under Income Tax Act(12.04.2022)
Delhi High Court has upheld the factual findings that the merit-cum scholarship/financial assistance provided by Hamdard National Foundation was not c.....
Tags : Delhi High Court, factual findings, merit-cum scholarship, financial assistance, Hamdard National Foundation, Section 11 of Income Tax Act, 1961
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Cal. HC: High Court’s Commercial Division Can Hear Appeals Under A&C Act Filed on Original Side(22.08.2024)
Cal. HC has held that language used in S. 10(2) of Commercial Courts Act, 2015 is “shall”, which is mandatory and implies that even if an application .....
Tags : Calcutta High Court, Commercial Division, Commercial Courts Act
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NCLT: Issue of Post Dated Cheques is Not Unqualified Admission of Debt(15.06.2022)
National Company Law Tribunal (NCLT), Allahabad Bench has held that issuance of post dated cheques cannot be taken to be unqualified admission of debt.....
Tags : NCLT, Negotiable Instruments Act, Post Dated Cheques
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All. HC: Retroactive Application of Rulings to Arbitral Awards Would Create Legal & Procedural Chaos(21.10.2024)
All. HC has observed that if parties were allowed to reopen concluded arbitrations based on new judicial rulings, it would lead to a flood of claims s.....
Tags : Allahabad HC, Arbitral Awards, Retroactive Application
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Rajasthan HC Dismisses PIL Seeking Direction to Conduct Census to Centre in Specific Time Frame(20.04.2022)
Rajasthan High Court has dismissed a public interest litigation seeking a direction to Union government to conduct the Census in scheduled timeline, s.....
Tags : Rajasthan High Court, a public interest litigation, Union government, Section 3 of the Census Act, 1948, ultra vires
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Ker. HC: Maternity Benefit Act Not Applicable to Private Educational Institutions Before 06.03.2020(07.06.2024)
Kerala HC after noting that a gazette notification was issued by the State Government making the Maternity Benefit Act, 1961 applicable to private edu.....
Tags : Kerala High Court, Maternity Benefit Act, Private Educational Institutions
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Gauhati HC Directs State to Provide Benefits to People Entitled Under Food Security Act(15.07.2021)
Gauhati High Court has directed the State Government to provide benefits and services to people entitled under the Food Security Act, 2013, observing .....
Tags : Gauhati High Court, Benefits to People Entitled Under Food Security Act
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Kerala HC: Can’t Condone Delay in Approaching Revision Authority Under Income Tax Act(19.06.2024)
Kerala High Court while upholding the order of Single Bench, has held that delay in approaching revision authority under the Income-Tax Act, 1961 cann.....
Tags : Kerala High Court, Revision Authority, Income-Tax Act
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Bombay HC Says 'No' to NIA Appeal Seeking Areeb Majeed to be Charged As ISIS Member Under UAPA(14.08.2017)
Bombay High Court has dismissed an appeal filed by National Investigation Agency (NIA) against decision of Trial Judge to not charge Areeb Majeed unde.....
Tags : Bombay High Court, Unlawful Activity (Prevention) Act
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SC: Provisions of Limitation Act Will Apply to Arbitration Proceedings Under MSMED Act(30.06.2021)
Supreme Court held that the provisions of Limitation Act, 1963 will apply to arbitration proceedings initiated under Section 18(3) of Micro, Small and.....
Tags : Supreme Court, Arbitration Proceedings Under MSMED Act
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Mad. HC: Marital Status of Woman Cannot be a Determining Factor for Considering Her Child’s Adoption(17.06.2024)
Mad. HC while holding that woman's marital status should not be a determining factor while considering her child's adoption observed that proviso to S.....
Tags : Madras High Court, HAMA, Hindu Adoptions and Maintenance Act
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ITAT: Refund of Sewage Tax Constitute ‘Business Income’(23.05.2022)
Income Tax Appellate Tribunal (ITAT), Mumbai bench has held that the refund of sewage tax would be assessed as business income as the same was earlier.....
Tags : ITAT, Sewage Tax, Income-Tax Act, 1961
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Tripura High Court: Accused Not Entitled to Bail on Mere Filing of Chargesheet(24.06.2024)
Tripura High Court has held that mere filing of a chargesheet is not a ground at all or has no persuasive value to grant bail to an accused of alleged.....
Tags : Tripura High Court, NDPS Act, Chargesheet
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Calcutta High Court: All Proceedings Under Companies Act 1956 Stands Transferred To NCLT(10.09.2018)
Calcutta High Court has held that HC has lost jurisdiction from 15th December 2016 to entertain all proceedings under Companies Act, 1956 and the same.....
Tags : Calcutta High Court, NCLT, Companies Act, 1956
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ITAT, Bangalore: Irrecoverable Advances for Land for Real Estate Development Business Allowable(02.05.2022)
Income Tax Appellate Tribunal, Bangalore has ruled that the advances agreed for purchase of land in the normal course of business of carrying on real .....
Tags : Income Tax Appellate Tribunal, Income Tax Act, 1961, Real estate development
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Kerala HC: Artificial Breaks in Service Cannot be Used to Deny Maternity Leave Benefits(12.05.2022)
Kerala High Court has ruled that short artificial breaks in service between successive contracts cannot be used as a device to reject maternity rights.....
Tags : Kerala High Court, successive contracts, maternity rights
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SC Issues Directions to Strengthen Law Protecting Women from Sexual Harassment at Workplace(15.05.2023)
Supreme Court while issuing directions to strengthen law protecting women from sexual harassment at workplace has stated that it is indeed a sorry sta.....
Tags : Supreme Court, POSH Act, Sexual Harassment, Directions
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Delhi HC Issues Notice in Plea Challenging Provisions of Special Marriage Act, 1954(07.10.2020)
Delhi High Court has issued notice in a plea challenging the provisions of the Special Marriage Act, 1954 that require inter-faith couples to send a n.....
Tags : Delhi High Court, Special Marriage Act, 1954
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Alignment of Appendix 4R with the Finance Act, 2021(11.05.2022)
In exercise of the powers conferred by Section 5 of the Foreign Trade (Development and Regulation) Act, 1992 read with Para 1.02 of the Foreign Trade .....
Tags : Alignment, Appendix, Finance Act, 2021
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SC: Service Tax Not Applicable on UDF Collected from Passengers at International Airport(23.05.2023)
Supreme Court has held that ‘user development fee (UDF) collected from passengers departing the Delhi, Mumbai and Hyderabad International Airport, is .....
Tags : Supreme Court, User Development Fees, Service Tax, Finance Act
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Del. HC: Proceed. Under SARFAESI Act and RDDB Act Can Continue Parallelly as They are Complimentary(18.04.2024)
Delhi HC has held that proceedings under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002(SARFESI).....
Tags : Delhi High Court, SARFAESI, RDDB Act
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CBDT: Trade Advances cannot be treated as ‘Deemed Dividend’(14.06.2017)
Central Board of Direct Taxes (CBDT) has clarified that trade advances would not attract provisions of “deemed dividend” under provisions of Section 2.....
Tags : Central Board of Direct Taxes, Income Tax Act
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Kerala HC Declares Kerala Tax on Paper Lotteries Act Unconstitutional(11.05.2020)
Kerala High Court has declared that the Kerala Tax on Paper Lotteries Act, 2005 is unconstitutional, observing that the Act was lacking legislative co.....
Tags : Kerala High Court, Kerala Tax on Paper Lotteries Act
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SC: Comments to be Made Within Public View to Punish Person for Casteist Insults Under SC/ ST Act(21.05.2024)
Supreme Court has observed that in order to decide a complaint under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, the.....
Tags : Supreme Court, SC/ ST Act, Public View
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HP HC: Under National Highway Act, Arbitrator Has to Give Award Within 1 Year(24.03.2023)
Himachal Pradesh High Court while observing that arbitrator under National Highways Act is bound to follow A&C Act, has held that arbitrator is mandat.....
Tags : Himachal Pradesh High Court, Arbitrator, National Highway Act
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Delhi HC: Sensitize Judicial Officers On Maximum Length Of Police Custody Under PMLA(12.09.2017)
Delhi High Court has requested District & Sessions Judges to sensitize Judicial Officers posted under their jurisdiction regarding the maximum period .....
Tags : Delhi High Court, Prevention of Money Laundering Act
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Bom. HC: Divorcee or a Single Parent Eligible to Adopt as Per Juvenile Justice Act, 2015(13.04.2023)
Bombay High Court while setting aside order disallowing a woman from adopting her sister’s child on ground that she was single working woman, held tha.....
Tags : Bombay High Court, Single Parent, Juvenile Justice Act, Adopt
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Allahabad HC: Reassessment Order Not Valid If Notice by Assessing Authority Is Without Jurisdiction(09.05.2022)
Allahabad High Court has held that once the notice under Section 148 of the Income Tax Act, 1961 issued by the assessing authority was declared withou.....
Tags : Allahabad High Court, Section 148, Income Tax Act, 1961, re-assessment order
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MP HC: Police Officers Have to Follow Direction of Joining Music Band Practice(02.08.2024)
Madhya Pradesh High Court while hearing a matter where police constables were suspended for refusing to join Police Department's music band, has asked.....
Tags : MP High Court, Music Band Practice, Police Officers
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SC: Police Officers Should be Vigilant Before Invoking Stringent Laws Like SC-ST Act(12.05.2023)
Supreme Court has observed that police officers, who institute an FIR, based on any complaint, are duty bound to be vigilant before invoking any provi.....
Tags : Supreme Court, Police Officers, SC-ST Act
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SC: Legal Metrology Act Eliminates Only Those Offence with Regard to Weight or Measure under IPC(05.09.2019)
Supreme Court has ruled that though Section 3 of the Legal Metrology Act, 2009 completely overrides the provisions of Chapter 13 of the Indian Penal C.....
Tags : SC, Legal Metrology Act
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CESTAT: Refund Can’t be Treated as Time Barred as Claim Made Before Wrong Forum(16.05.2022)
Customs, Excise and Service Tax Appellate Tribunal, Chennai has ruled that the claim of refund made before a wrong forum cannot be rejected by treatin.....
Tags : Customs, Excise and Service Tax Appellate Tribunal, Chennai, section 11B, Central Excise Act, 1944, wrong forum
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MP HC Directs Govt. to Issue Guidelines to Strictly Adhere to Provisions of NSA Act(05.04.2021)
Madhya Pradesh High Court has issued a slew of directions for the State Government to strictly adhere to the provisions of the National Security Act, .....
Tags : Madhya Pradesh High Court, Provisions of NSA Act
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Del. HC: False Accusation of Child Abuse More Painful than Rigours of Trial and Imprisonment(16.04.2024)
Delhi High Court while acquitting a man in a case under Protection of Children from Sexual Offences Act, 2012 has observed that a child abuser in the .....
Tags : Delhi High Court, False Implication, POCSO Act
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Bombay HC Cites Century-Old Law, Bars Redevelopment near Juhu Military Station(15.09.2016)
Bombay HC, while dismissing a petition by developer of a slum rehabilitation project near Juhu Wireless Station, has held that Works of Defence Act pr.....
Tags : Bombay HC, Works of Defence Act
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Kerala HC Quashes Decision to Exclude JV of Contractor Accused of 'Palarivattom Flyover Scam'(05.05.2020)
Kerala High Court has reiterated the principle that the blacklisting of a contractor cannot be done without affording an opportunity of prior hearing......
Tags : Kerala High Court, Blacklisting of Contractor
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AP HC: App. u/s 11(6) Can Only be Maintained if Parties Fail to Refer Dispute to Arbi. Even After Not(15.05.2024)
AP HC has held that, for maintaining an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 it is required to be shown that .....
Tags : Andhra Pradesh High Court, S. 11(6) of A&C Act, Arbitrator
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Ker. HC to Police Chief: Sensitize Police Personnel to Provisions of Mental Healthcare Act(27.06.2023)
Kerala High Court has directed State Police Chief to ensure that all police personnel are sensitized to relevant provisions of Mental Healthcare Act, .....
Tags : Kerala High Court, Mental Healthcare Act, Police, Sensitize
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SC: Government is Under Obligation to Impart Sex Education & Awareness about POCSO Act(24.09.2024)
SC has held that the obligation of the appropriate government and the commission under Section(s) 43 and 44 of the POCSO respectively, does not end at.....
Tags : Supreme Court, Sex Education, POCSO Act
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J&K&L HC: J&K Special Tribunal Can Refer Contempt Matters to High Court(29.05.2023)
Jammu and Kashmir and Ladakh High Court has observed that J&K Special Tribunal is deemed to be a court subordinate to High Court for purposes of Secti.....
Tags : J&K&L HC, J&K Special Tribunal, Contempt of Courts Act
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Supreme Court Defines Tests to Find Out Whether Contract Labourers are Direct Employees or Not?(12.06.2019)
Supreme Court has observed while applying tests laid down by precedents for determining whether a contract labourer is a direct employee or not has qu.....
Tags : Supreme Court, Contract Labourers
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CESTAT, Delhi: No Central Excise Duty on Manufacture of CO2 Gas During Manufacture of Beer(08.04.2022)
Customs, Excise and Service Tax Appellate Tribunal, Delhi has observed that central excise duty cannot be levied during the manufacture of beer on the.....
Tags : Customs, Excise and Service Tax Appellate Tribunal, central excise duty, manufacture of beer, carbon dioxide gas, alcoholic liquors, consumption, State subject
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Delhi HC: Existence of Cause of Action Cannot be Equated with Merits of Suit Filed(12.04.2022)
Delhi High Court has observed that existence of the cause of action cannot be equated with the merits of the suit filed.
Tags : Delhi High Court, cause of action
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Karnataka HC: Wife Leveling Unsubstantiated Allegations of Husband Being Impotent Amounts to Cruelty(17.06.2022)
Karnataka High Court has held that a wife calling her husband an impotent without legally substantiating the same by itself would amount to cruelty wi.....
Tags : Karnataka High Court, Cruelty, Hindu Marriage Act
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Karnataka High Court: 25% Reservation Applies To Both Entry Levels Under RTE(26.04.2017)
Karnataka High Court has held that reservation to the extent of at least 25 per cent under RTE Act applies to both entry levels, if the school is impa.....
Tags : Karnataka High Court , RTE Act
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SC Directs States/UTs to Strictly Implement Inter-State Migrant Workmen Act 1979(30.06.2021)
Supreme Court has directed all the States/Union Territories to register all establishments and license all contractors under the Inter-State Migrant W.....
Tags : Supreme Court, Inter-State Migrant Workmen Act 1979
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CESTAT Allows to Pay Service Tax for Construction of Residential Complex(10.05.2022)
Customs, Excise & Service Tax Appellate, Bangalore has allowed to Pay Service Tax under Composition scheme of Works Contract (Composition Scheme for P.....
Tags : Customs, Excise & Service Tax Appellate, Service Tax, Composition scheme of Works Contract (Composition Scheme for Payment of Service Tax) Rules, Residential Complex
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Patna HC: No Parent of Any Girl in Our Society Can Damage Reputation of His/Her Daughter(02.07.2024)
Patna High Court while upholding the conviction of an accused under section 3 of the POCSO Act and section 376 of IPC, has observed that no parent of .....
Tags : Patna High Court, POCSO Act, S. 376 of IPC
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Delhi HC: Claims Raised Before Arbitral Tribunal Cannot be Rejected if Not Mentioned in Notice(13.04.2022)
Delhi High Court has held that it is not necessary that a notice issued under Section 21 of the Arbitration and Conciliation Act, 1996 should quantify.....
Tags : Delhi High Court, Section 21 of the Arbitration and Conciliation Act, 1996, Arbitral Tribunal
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Delhi HC: Allow only Eco-Friendly Plastic(14.12.2015)
Delhi HC while sending a strong signal against another type of pollutant, has told plastic manufacturers, “Don't create something you can't destroy. W.....
Tags : Delhi HC, plastic manufacturers
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ITAT: Short Term Capital cannot be carried forward as it has not been claimed through a Return filed(21.06.2022)
Income Tax Appellate Tribunal (ITAT), Mumbai Bench has held that short term capital cannot be carried forward as it has not been claimed through a ret.....
Tags : ITAT, Short Term Capital, Income-Tax Act
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Remote-controlled devices for recreational angling prohibited under the Marine Act.(16.07.2024)
The Appellants, business entities dealing in angling equipment like bait-carrying drones, sought a declaratory order from the Gauteng Division of the .....
Tags : Marine Law, Marine Act, recreational angling
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CCI Orders Probe Against Zomato and Swiggy On Complaint of Anti-Competitive Practices(06.04.2022)
Competition Commission of India has directed the Director General (DG) to investigate and determine whether the conduct of Zomato and Swiggy are anti-.....
Tags : Competition Commission of India, Director General, Zomato, Swiggy, anti-competitive, Section 3(1) and Section 3(4) of the Competition Act, 2002
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ITAT, Mumbai: Reasons Mentioned in Notice for Re-Assessment Cannot be Improved Later(11.04.2022)
Income Tax Appellate Tribunal, Mumbai has observed that the reasons specified in the re-assessment notice under section 148 of the Income Tax Act, 196.....
Tags : Income Tax Appellate Tribunal, section 148 of the Income Tax Act, 1961, re-assessment notice
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Cal. HC: Acquiring Property in Name of Wife is Not Benami Transaction(09.06.2023)
Calcutta High Court has held that if a husband supplies the consideration money for acquiring property in the name of his wife, such fact does not nec.....
Tags : Calcutta High Court, Benami Transaction, Wife
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ITAT: Penalty not to be Imposed When Legal Heir Revises Return, Voluntarily Offers Income to Tax(04.10.2017)
ITAT, Mumbai while quashing penalty proceedings against the legal heir of assessee where he revised the return and voluntarily offered the additional .....
Tags : ITAT Mumbai, Section 271(1)(c) of IT Act, 1961
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Del HC: NHAI can Enter into Contract for Collecting Fee on Behalf of Centre(07.07.2023)
Delhi High Court while observing that NHAI’s contracts with toll collectors are not in violation of the National Highways Act, 1956 and its 2008 rules.....
Tags : Delhi High Court, NHAI, Fee, Contract
read»
CBDT Issues Guidelines on 1% TDS on Virtual Digital Assets from 1st July(23.06.2022)
Central Board of Direct Taxes (CBDT) has issued guidelines to levy one percent TDS on the virtual digital assets under Section 194S of the Income Tax .....
Tags : CBDT, Virtual Digital Assets, Income-Tax Act
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SC: Word ‘Payable’ In Section 40(A) (ia) of Income Tax Act Also Covers Amount Already 'Paid'(04.05.2017)
Supreme Court has held that though the word used in Section 40(a)(ia) of Income Tax Act, is ‘payable’, it would also cover situations where amount i.....
Tags : Supreme Court, Income Tax Act, Section 40(A) (ia)
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CESTAT, Delhi: Service Tax Not Payable on Liquidated Damages(26.04.2022)
Customs, Excise and Service Tax Appellate Tribunal, Delhi has observed that service tax is not to be paid on liquidated damages recovered on the failu.....
Tags : Customs, Excise and Service Tax Appellate Tribunal, service tax, contract
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Delhi HC: Writ Remedy Cannot be Invoked in Tax Matters(02.05.2022)
Delhi High Court has held that the writ remedy under Article 226 of the Indian Constitution cannot be invoked in tax matters as the Income Tax Act, 19.....
Tags : Delhi High Court, article 226, Indian Constitution, Income Tax Act, 1961
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Raj. HC: MACT Empowered to Recall Order if Obtained through Fraud or Misrepresentation(20.09.2024)
Raj. HC has held that generally a Motor Accidents Claims Tribunal does not have the jurisdiction to deal with a review application under Order 47 of C.....
Tags : Rajasthan High Court, MACT, Review Application
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SC: Fine Imposed on Mercedes Benz for Deficiency of Service & Unfair Trade Practice, Upheld(11.07.2024)
SC has upheld the fine of Rs. 10 Lakhs imposed on Mercedes Benz India Private Limited for deficiency of service and unfair trade practice on the groun.....
Tags : Supreme Court, Mercedes Benz, Deficiency of Service, Unfair Trade Practice
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Government Waives Service Tax on Card Transactions of up to Rs 2000(08.12.2016)
Government has exempted card payments up to Rs 2,000 from Service Tax in its efforts to make cashless economy a reality.
Tags : Government, Service Tax , Card Transactions
read»
Karnataka HC: Can't Take Cognizance of Offences by Advocate Unless Sanctioned by Centre/State(13.05.2022)
Karnataka High Court has ruled that taking cognizance for offences committed by an advocate or notary is banned under Section 13 of the Notaries Act, .....
Tags : Karnataka High Court, Section 13, Notaries Act, 1952, charge sheet, cognizance
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Karnataka HC: Employees Entitled for Gratuity from the Time They Were Employed(20.05.2022)
Karnataka High Court has declined to quash an order passed by the Controlling Authority under the Payment of Gratuity Act, 1972, which directed govern.....
Tags : Karnataka High Court, Payment of Gratuity Act, Government Bodies, Controlling Authority
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Del. HC: Arbitral Award Gets Vitiated if Basic Contractual Framework Misunderstood(25.07.2024)
Delhi High Court has held that if there is any misreading/misunderstanding of the basic contractual framework, the award gets vitiated and makes it vu.....
Tags : Delhi High Court, Contractual Framework, A&C Act
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ITAT, Delhi: Expenditure of Royalty for Technical Know-How Can Be Treated as Revenue Expenditure(06.04.2022)
Income Tax Appellate Tribunal, Delhi has held that the royalty expenditure for the use of know-how can be treated as revenue expenditure under Income .....
Tags : Income Tax Appellate Tribunal, royalty expenditure, use of know-how, Income Tax Act, 1961
read»
India Gets Landmark HIV Act Granting Equal Rights to Patients(25.04.2017)
HIV Act, 2017 that seeks to prohibits discrimination against persons with HIV and AIDS has received President assent on April 20, 2017.
Tags : HIV Act, 2017
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CESTAT, Hyderabad: Exported Goods Cannot Be Confiscated Under Section 113 of Customs Act(26.04.2022)
Customs, Excise and Service Tax Appellate Tribunal, Hyderabad has ruled that Section 113 of the Customs Act, 1962 only provides for confiscation of go.....
Tags : Customs, Excise and Service Tax Appellate Tribunal, Section 113 of the Customs Act, 1962, confiscation of goods
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Rajasthan HC: Engagement of Child Not Offence U/S 11 Of Child Marriage Act(29.04.2022)
Rajasthan High Court has observed that Section 11 of the Prohibition of Child Marriage Act, 2006 makes it abundantly clear that organizing marriage is.....
Tags : Rajasthan High Court, Section 11, Prohibition of Child Marriage Act, 2006, engagement
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Del. HC: For Resolving Complex Disputed Factual Issues, Contempt Proceedings are Inappropriate(12.09.2024)
Delhi High Court has held that for resolving disputed factual issues, initiation of contempt proceedings is not the appropriate forum.
Tags : Delhi High Court, Contempt Proceedings, Factual Issues
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Supreme Court Places Rights Activists Under House Arrest(30.08.2018)
Supreme Court has ordered police to put five prominent rights campaigners suspected of links to Maoist guerrillas under house arrest.
Tags : Supreme Court, Rights Activists
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CESTAT, Delhi: No Service Tax on Toll Collection on Behalf of NHAI(08.04.2022)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Delhi has observed that an independent contractor is not liable to pay service tax while .....
Tags : Customs, Excise and Service Tax Appellate Tribunal, independent contractor, National Highways Authority of India, toll collection
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Bombay HC: Court Does Not Have Adjudicatory Powers Under Section 27 of A&C Act(12.04.2022)
Bombay High Court has observed that the Court under Section 27 of the Arbitration and Conciliation Act, 1996 does not have the jurisdiction to conside.....
Tags : Bombay High Court, Section 27 of the Arbitration and Conciliation Act, 1996, arbitral tribunal
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SC: No Coercive Action Against Doctors if They Come Back to Work(23.08.2024)
Supreme Court while hearing the suo motu case related to RG Kar Hospital murder-rape crime, has ordered that no coercive action shall be taken against.....
Tags : Supreme Court, RG Kar Hospital, Coercive Action
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Rajasthan HC: Citizenship Can’t be Determined Based on Definition of ‘Resident’ Under IT Act(16.06.2022)
Rajasthan High Court has held that the definition of the term ‘resident’ under the Income Tax (IT) Act, 1961 is designed for including persons in the .....
Tags : Rajasthan High Court, Citizenship, Income-Tax Act
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Karnataka High Court: Husband Can Initiate Proceedings Under DV Act Against Wife(26.04.2017)
Karnataka High Court has held that any person, whether male or female, aggrieved and alleging violation of provisions of Domestic Violence Act, can in.....
Tags : Karnataka High Court, Domestic Violence Act
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Telangana HC: Outright Rejection of Stay Application is Not Justified(26.04.2022)
Telangana High Court has held that the appellate and revisional authorities must judiciously implement their discretionary power so as to grant a stay.....
Tags : Telangana High Court, appellate, revisional authorities, Telangana Value Added Tax Act, 2005
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Rajasthan HC: 2015 Amendments to Sec. 30 of Rajasthan Co-Operative Societies Act Unconstitutional(18.05.2017)
Rajasthan High Court has held that 2015 amendment to Section 30 of Rajasthan Co-operative Societies Act is ultra vires to Article 243-Z, 243-ZK and 24.....
Tags : Rajasthan High Court, Rajasthan Co-Operative Societies Act
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AAR, Odisha: Sending of Raw Materials for Manufacture of Industrial Gas Not Job Work(30.03.2022)
Authority for Advance Rulings, Odisha has concluded that IOCL’s sending of raw materials for the manufacture of industrial gas does not qualify job wo.....
Tags : Authority for Advance Ruling, Industrial gas, Central Goods and Services Tax Act, 2017.
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Ker. HC: Baseless Apprehensions That Lawyer Will Act Illegally Should Not be Made by Courts(28.05.2024)
Ker. HC has observed that Court is not expected to form an apprehension without any foundation that lawyer may do illegal acts during course of his pr.....
Tags : Kerala High Court, Baseless Apprehensions, Right to Practice
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Groundwater Extraction: Madras High Court Directs Tamil Nadu Not to Grant Licenses for Commercial Use(04.10.2018)
Madras High Court has upheld the orders of State government imposing certain restrictions on extraction of groundwater for commercial purposes by esta.....
Tags : Madras High Court, Ground Water Extraction
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ITAT, Bangalore: Service Tax Collected But Not Remitted Can be Disallowed u/s 43B of Income Tax Act(18.04.2022)
Income Tax Appellate Tribunal, Bangalore has ruled that the amount of service tax collected under section 43B of the Income Tax Act, 1961 but not remi.....
Tags : Income Tax Appellate Tribunal, service tax, section 43B of the Income Tax Act, 1961
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P&H HC: Notice to Employer Not Mandatory Before Making Reference to Adjudicatory Mechanism(22.04.2022)
Punjab and Haryana High Court has held that the employer cannot claim any hearing before making of the reference by the appropriate government under S.....
Tags : Punjab and Haryana High Court, Working Journalists And Other Newspaper Employees (Conditions of service) And Miscellaneous Provisions Act
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BCI Directs SBCs to Initiate Discipl. Action Against Advocates Soliciting Work Through Online Portal(09.07.2024)
Bar Council of India (BCI) has issued directions to State Bar Councils to take disciplinary action against advocates soliciting work through online po.....
Tags : Bar Council of India, Disciplinary Action, Online Platforms
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Bombay HC: Police Authority Can Extern Gang Members from Area Larger Than Illegal Activities(06.04.2022)
Bombay High Court has held that the authority under the Maharashtra Police Act, 1951 can pass order of externment directing externment of a person fro.....
Tags : Bombay High Court, the Maharashtra Police Act, 1951, illegal activities, externment
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ITAT, Mumbai: Reasons Mentioned in Notice for Re-Assessment Cannot be Improved Later(11.04.2022)
Income Tax Appellate Tribunal, Mumbai has observed that the reasons specified in the re-assessment notice under section 148 of the Income Tax Act, 196.....
Tags : Income Tax Appellate Tribunal, section 148 of the Income Tax Act, 1961, re-assessment notice
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Del. HC: Arbitration Clause in Contract Perishes if the Contract is Novated(07.06.2023)
Delhi High Court has held that if the novated contract does not contain any arbitration clause, the arbitration clause in the original contract would .....
Tags : Delhi High Court, Arbitration Clause, Novation, Contract
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Karnataka HC: CAs, Though Not Public Servants, Can be Prosecuted Under Prevention of Corruption Act(04.10.2017)
Karnataka High Court has held that a Chartered Accountant (CA), though not a public servant can be prosecuted under the provisions of the Prevention o.....
Tags : Karnataka High Court, Prevention of Corruption Act
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CCI Orders Investigation Against Bookmyshow for Alleged Unfair Competition Practices(24.06.2022)
Competition Commission of India (CCI) has ordered an investigation against Bookmyshow for alleged unfair competition practices and sought a report fro.....
Tags : Competition Commission of India, Bookmyshow, Unfair Competition Practices
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Transwoman Also a Bride Under Hindu Marriage Act: Madras HC(24.04.2019)
Madras High Court has held that as per Hindu Marriage Act, a transsexual is also a "bride" and the term would not necessarily refer only to a woman.
Tags : Madras High Court, Transwoman, Hindu Marriage Act
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AAR, Maharashtra: Composite Supply of Works Contract Not Covered Under Term Earth Work(19.04.2022)
Authority for Advance Ruling, Maharashtra has observed that the composite supply of works contract is not covered under the term Earth Work.
Tags : Authority for Advance Ruling, contract, Earth Work
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Kar. HC: Cannot Make Construction of Memorial for Film Actor Subject Matter of PIL(05.06.2024)
Karnataka High Court has observed that construction of memorial of a film star cannot become subject matter of public interest litigation (PIL). It is.....
Tags : Karnataka High Court, Public Interest Litigation, Film Actor
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J&K HC: Act of Accused to Take Off Clothes Amounts to Sexual Harassment Under POCSO Act(14.07.2021)
Jammu and Kashmir High Court has held that the act of an accused to take off his own and victim's trousers, in the absence of penetration, does not am.....
Tags : Jammu and Kashmir High Court, Act of Accused to Take Off Clothes
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Karnataka HC: Scope of Judicial Review in Contractual Matters is Extremely Limited(19.06.2024)
Kar. HC has observed that scope of judicial review in contractual matters is extremely limited and it is in rare category of cases that writ of mandam.....
Tags : Karnataka High Court, Judicial Review, Contractual Matters
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Supreme Court: It is the Duty of Every Institution to Help Disabled Persons(14.08.2017)
Supreme Court has directed Chhattisgarh Government to constitute requisite Medical Board within two days to examine a candidate suffering from Thalass.....
Tags : Supreme Court, Right of Persons with Disabilities Act
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SC rules in Favour of Revenue Department in Reassessment Dispute Case(05.05.2022)
Supreme Court by reversing the high court orders that had quashed income-tax notices under the old reassessment regime has held that notices issued un.....
Tags : Supreme Court, Finance Act, 2021, reassessment, old regime, income-tax notices
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Ker. HC Allows Restoration of PIL Seeking Enactment of Law Against Superstition & Human Sacrifice(26.06.2023)
Kerala High Court has allowed restoration of a PIL seeking direction to be issued to State to consider enactment and implementation of ‘Kerala Prevent.....
Tags : Kerala High Court, Restoration, PIL, Human Sacrifice, Enactment
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Supreme Court Seeks Alkem Laboratories Response to CCI Plea on Unfair Business Practices(30.09.2016)
Supreme Court has sought response from Alkem on the Competition Commission of India’s plea seeking to impose penalty of over Rs. 74 crore on the compa.....
Tags : Supreme Court, Widow, Unfair Business Practices
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SC Issues Notice on Plea Challenging Provisions of Special Marriages Act, 1954(17.09.2020)
Supreme Court has issued notice in a plea challenging provisions of the Special Marriages Act, 1954 in so far as they require the parties to the marri.....
Tags : Supreme Court, Special Marriages Act, 1954
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SC Upholds Constitutional Validity of Section 140(5) Companies Act 2013(04.05.2023)
Supreme Court while upholding the constitutional validity of Section 140(5) of the Companies Act, 2013, and observed that application/proceedings unde.....
Tags : Supreme Court, Constitutional Validity, Companies Act
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SC Upholds Denial Of Anticipatory Bail To Army Doctor Who Allegedly Gave Fake Fitness Certificates(09.11.2017)
Supreme Court has upheld the decision of Punjab and Haryana High Court, wherein the latter had refused to grant anticipatory bail to Lieutenant Colone.....
Tags : Supreme Court, Lieutenant Colonel Dr. Gaurav Relhan, Prevention of Corruption Act, 1988
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SC: High Courts Not Precluded from Entertaining Writ Petitions Even if Disputed Questions of Facts(17.02.2020)
Supreme Court has observed that a High Court is not precluded from entertaining a writ Petition under Article 226 of the Constitution of India, 1949 e.....
Tags : Supreme Court, High Courts Jurisdiction Where Disputed Questions of Fact
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SC: Departure from Tender Route for Awarding Govt. Contract Must be Reasonable(04.01.2023)
Supreme Court while observing that State does not have absolute discretion while spending public money has held that government contracts must be ordi.....
Tags : Supreme Court, Tender, Government Contract
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SC Issues Notice to Centre, States on Lokpal, Lokayukta(15.09.2016)
SC has issued a notice to Centre on a PIL seeking direction to set up expeditiously an autonomous Lokpal in spirit of Lokpal and Lokayukta Act, 2013. .....
Tags : SC, Lokpal and Lokayukta Act, 2013
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Madras HC Dismisses Plea for Total Prohibition of Manaufacture, Sale & Consumption of Alcohol(06.05.2020)
Madras High Court has refused to entertain Writ Petitions seeking absolute ban on manufacture, sale and consumption of alcohol in the State of Tamil N.....
Tags : Madras High Court, Manaufacture, Sale & Consumption of Alcohol
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Cal. HC: Can’t Say Retracted Statement to be Involuntary Without Being Examined by Court(17.05.2024)
Calcutta High Court has held that if the court is of the view that the statement recorded was not admissible on account of the retraction, that by its.....
Tags : Calcutta High Court, Retraction, Involuntary
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RERA Kicks in Today, Only 13 States/UTs Notified Rules So Far(01.05.2017)
Real Estate Act comes into force from today with a promise of protecting right of consumers and ushering in transparency but only 13 states and UTs ha.....
Tags : Real Estate Act
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Gujarat HC: Relief Can't be Granted as it Amount to Main Relief in Section 9 Arbitration Application(26.04.2022)
Gujarat High Court has held that once an application under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim measures has been d.....
Tags : Gujarat High Court, Section 9, Arbitration and Conciliation Act, 1996
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Bombay HC: Agreement on Name of Arbitrator Would Not Amount to Waiver of Notice(02.05.2022)
Bombay High Court has observed that simply because the Arbitration agreement provides for the name of the arbitrator, the same would not amount to a w.....
Tags : Bombay High Court, Arbitration and Conciliation Act, 1996, Section 21, Arbitration agreement
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SC: No Demolition Except for Unauthorised Construction to Take Place Without Permission of the Court(18.09.2024)
SC while hearing pleas against bulldozer actions in several States, has ordered that there shall be no demolitions without seeking leave of the court......
Tags : Supreme Court, Unauthorised Construction, Bulldozer Actions
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Employees of 'Local Bodies' Entitled to Gratuity Under Payment of Gratuity Act: SC(03.04.2019)
Supreme Court has held that the employees of the local bodies like Municipalities are entitled for gratuity under Payment of Gratuity Act, 1972.
Tags : Supreme Court, Employees of Local Bodies, Gratuity Act
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Ker. HC: Time to Stop Entertaining Petitions Relating to Wakf Act(13.02.2023)
Kerala High Court has observed that although alternate remedy is not an absolute bar for filing of the writ petition, entertaining petition straight a.....
Tags : Kerala High Court, Wakf Act, Alternate Remedy
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#GST Rollout: Govt Starts Registration for GST Practitioners(26.06.2017)
Govt has opened registration for GST Practitioners. Standardised formats (GST PCT-1 to GST PCT- 5) have been prescribed for making application for enr.....
Tags : GST Practitioners, GST
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Mad. HC: Appointing DCP as Executive Magistrate is violative of Constitution(14.03.2023)
Madras High Court has declared two Government Orders which gave Deputy Commissioners powers of Executive Magistrate while dealing with bonds for keepi.....
Tags : Madras High Court, Deputy Commissioners, District Police Act
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Court dismisses petition against Devendra Fadnavis for not disclosing imprisonable offences in nomination(19.08.2015)
Determining an application against a petition against Devendra Gangadhar Fadnavis, Chief Minister of Maharashtra, for not having disclosed pending cha.....
Tags : Election, material fact, disclosure, nomination
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Pat. HC: Child Custody Matters Can be Altered With Respect to Needs of Child Under Sec. 26 of HMA(18.05.2023)
Patna High Court while observing that child custody matters can be altered keeping in mind needs of child, has stated that under Section 26 of Hindu M.....
Tags : Patna High Court, Child Custody, Hindu Marriage Act
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Supreme Court Directs Centre to Provide Data on Implementing Child Marriage Prohibition Act(10.08.2017)
Supreme Court has asked Centre to provide data on number of Child Marriage Prohibition Officers, appointed under Child Marriage Prohibition Act, 2006 .....
Tags : Supreme Court, Child Marriage Prohibition Act
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Delhi HC: Breach of Contract u/s 74 Not Applicable at Pre-Formation Stage(07.04.2022)
Delhi High Court has admitted a writ petition that seeks refund of bid security paid by Indian Hotels Company Limited (IHCL) and has dismissed the all.....
Tags : Delhi High Court, bid security, Indian Hotels Company Limited, pre-formation stage, breach of contract
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Delhi HC: Sufficiency or Correctness of Material Need not be Considered During Issue of Notice(12.04.2022)
Delhi High Court has observed that the sufficiency or correctness of the material is not a thing to be considered at the stage of issue of notice unde.....
Tags : Delhi High Court, Section 148 of the Income Tax Act, 1961
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Country’s First Exclusive Digital Court for Negotiable Instruments Act Cases Inaugurated(20.08.2024)
Supreme Court judge Justice BR Gavai inaugurated the Country's first exclusive Digital Court for Negotiable Instruments Act Cases in Kollam, Kerala. T.....
Tags : Justice BR Gavai, Digital Court, S. 138 of NI Act
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NCLAT Upholds Imposition of Rs. 200 Crores Penalty on Amazon by CCI(14.06.2022)
National Company Law Appellate Tribunal (NCLAT) has upheld the order passed by Competition Commission of India (CCI) whereby Amazon was directed to pa.....
Tags : NCLAT, CCI, Competition Act, Penalty
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SC: Action Instituted u/s 31 Specific Relief Act is Arbitrable as It is Not Action in Rem(21.08.2020)
Supreme Court has held that an action instituted under section 31 of the Specific Relief Act, 1963 is not an action in rem, but an action in personam,.....
Tags : Supreme Court, Action Instituted u/s 31 Specific Relief Act
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Gujarat HC Allows GST Refund to Service Recipient Who Borne Tax Burden(09.05.2022)
Gujarat High Court has ruled that, as per Section 54 of the Central Goods and Services Tax Act, 2017 a claim of refund may be made directly by the rec.....
Tags : Gujarat High Court, Section 54, Central Goods and Services Tax Act, 2017, tax
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Madras HC: Benefit of RTE Act to Extend from Kindergarten to 8th Standard, Irrespective of Age(02.08.2024)
Mad. HC has held that extent of school's responsibility for free and compulsory education, coming under Chapter IV, implies that the benefit of the RT.....
Tags : Madras High Court, RTE Act, Kindergarten
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ITAT: Disallowance Can’t be Made on Payment to PF and ESI Before Due Date(01.06.2022)
Income Tax Appellate Tribunal (ITAT), Amritsar Bench has held that disallowance can’t be made on payment to PF and ESI before the due date u/s 139(1) .....
Tags : ITAT. Income-Tax Act, Disallowance
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SC: TN Highways Act Can't be Invalidated Due to Variance from RFCTLARR Act(10.05.2023)
Supreme Court has held that Tamil Nadu Highways Act 2001 is not liable to be invalidated on ground that its provisions manifest discrimination or arbi.....
Tags : Supreme Court, Tamil Nadu Highways Act, RFCTLARR Act
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Motor Vehicles (Amendment) Act, 2019 enforced from 1st September, 2019 imposing steeper fines for violating traffic rules(02.09.2019)
The Motor Vehicles Act, 1988 was enacted with a view to consolidate and amend the laws relating to motor vehicles. The Act was enacted to give effect .....
Tags : Motor Vehicles Act, Penalties, Violation of Traffic Rules
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Madras HC: Signature & Thumb Impression Are Not Mandatory For Pro-Note Under NI Act(16.05.2022)
Madras High Court has ruled that it is not compulsory under the Negotiable Instruments Act, 1881 to obtain both signature and thumb impression for a p.....
Tags : Madras High Court, Negotiable Instruments Act, 1881, thumb impression, pro-note
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Delhi HC: Convict Under POCSO Act Not Barred From Seeking Parole(09.05.2022)
Delhi High Court has reiterated that a convict under the Protection of Children from Sexual Offences Act, 2012 is not barred from seeking parole, as d.....
Tags : Delhi High Court, Protection of Children from Sexual Offences Act, 2012, Competent Authority, parole
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Del. HC: Arbitral Tribunal Awarding Damages for Loss of Profit is Illegal if it Contradicts Contract(02.08.2024)
Delhi High Court has held that if the Arbitral Tribunal decides to award damages for loss of profit, such decision shall be vitiated by patent illegal.....
Tags : Delhi High Court, Arbitral Tribunal, Contract
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Madras HC Confirms Detention of 5 Suspected Maoists under National Security Act(04.10.2016)
Madras HC has confirmed detention of 5 suspected Maoists, including a 42-year-old woman, under National Security Act on charges of furthering terror a.....
Tags : Madras HC, National Security Act, terror activities
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Delhi HC Seeks Consolidated List of All Pending and Adjourned Cases U/S 138 of NI Act(03.06.2022)
Delhi High Court has sought from the Principal District and Sessions Judge (Headquarters) a consolidated list of all cases pending or adjourned under .....
Tags : Delhi High Court, Negotiable Instruments Act, Proclaimed Offenders
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SC: Meghalaya’s Right to do Business in Lotteries Subject to Parliamentary Legislation(12.05.2023)
Supreme Court while rejecting centre’s challenge of maintainability of Meghalaya’s suit challenging provisions of Lotteries Regulation Act, has held t.....
Tags : Supreme Court, Lotteries Regulation Act, Parliamentary Legislation
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Supreme Court: Decree Against Plaintiff by Default Bars New Suit on Same Cause of Action(10.09.2019)
Supreme Court has ruled that the decree against Plaintiffs by default bars fresh suit on the same cause of action by their successors in title. The Co.....
Tags : Supreme Court, Cause of Action
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AAR, Maharashtra: GST Payable on Composite Supply of Work Contract Involving Earth Work(15.04.2022)
Authority of Advance Ruling (AAR), Maharashtra has ruled that goods and services tax (GST) is payable on the composite supply of work contracts involv.....
Tags : Authority of Advance Ruling, Composite Supply of Work Contract
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ITAT, Delhi: Interest Can’t be Levied on Additional Income Declared under Modified Return(20.04.2022)
Income Tax Appellate Tribunal, Delhi has ruled that the interest under sections 234B and 234C of the Income Tax Act, 1961 for non/short payment of adv.....
Tags : Income Tax Appellate Tribunal, Income Tax Act, 1961, advance tax installment, advance pricing agreement
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Gujarat High Court Sets Aside Order Which Interfered With Reasoned Arbitration Award(17.06.2024)
Guj. HC while setting aside the order passed by District Judge interfering with arbitral award has held that arbitral awards providing reasoned interp.....
Tags : Gujarat High Court, Section 34, Arbitration and Conciliation Act
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Gujarat High Court: Charge Muslims Who Wed Off Minor Girls(25.09.2015)
Gujarat HC has ruled that Prohibition of Child Marriage Act (PCMA) would prevail over Muslim Personal Law in cases where Muslims marry off their minor.....
Tags : Gujarat HC ,Prohibition of Child Marriage Act
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ITAT: Investments Converted into Stock-in-Trade Can Avail Exemption U/S 10(38)(23.05.2022)
Income Tax Appellate Tribunal (ITAT), Pune has held that investment converted into stock in trade can avail exemption u/s 10(38) of Income Tax Act 196.....
Tags : ITAT, Income-Tax Act, 1961, Stock Trade, Investment
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Supreme Court: Cannot Transfer Cheque Dishonour Complaint on Instance of Accused(25.06.2024)
Supreme Court while dismissing a transfer application sought at the behest of accused, has observed that an accused cannot seek transfer of a case for.....
Tags : Supreme Court, Cheque Dishonour, S. 138 of NI Act
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Bombay HC: Once Divorce Is Granted, Relief Can't Be Sought Under DV Act(25.04.2019)
Bombay High Court has held that once a decree of divorce has been granted, relief cannot be sought by under the Domestic Violence Act.
Tags : Bombay HC, Domestic Violence Act
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Telangana HC: Parties Cannot be Referred to Arbitration in Absence of Privity of Contract(28.04.2022)
Telangana High Court has observed that in the absence of a privity of contract parties cannot be referred to arbitration.
Tags : Telangana High Court, privity of contract, arbitration
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Kar. HC Dismisses Twitter’s Plea Challenging Blocking Order Issued by MeiTY(30.06.2023)
Karnataka High Court has dismissed the plea filed by Twitter challenging the blocking orders issued by the Ministry of Electronics and Information Tec.....
Tags : Karnataka High Court, Twitter, Blocking Order, Information Technology Act
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Cal HC: Enterprise Contracting with Govt Recognised Concessionaire Can be Granted Benefit of S. 80IA(27.09.2024)
Calcutta High Court has held that benefit of deduction under Section 80IA(4) of the Income Tax Act, 1961 can be granted to an enterprise contracting w.....
Tags : Calcutta High Court, S. 80IA of IT Act, Infrastructural Facility
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SC: Factories Act Notification Indicative of Intention to Force Workers into Servitude(05.10.2020)
Supreme Court has observed that the Gujarat Government's notification increasing the working hours of factory workers and exempting factories in the S.....
Tags : Supreme Court, Factories Act notification
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AP HC: Non-Disclosure of Criminal Cases by Contesting Person Amounts to Corrupt Practice under RPA(17.07.2023)
Andhra Pradesh High Court while observing that purity of the election process will only be ensured if the voter knows his candidate fully, has held th.....
Tags : Andhra Pradesh High Court, Election, Corrupt Practice
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Equalisation Levy of 6 % to Come in Force from Tomorrow(31.05.2016)
Equalisation levy of 6 per cent on services pertaining to cross border digital transactions will come into effect from June 1.
Tags : Equalisation levy , cross border digital transactions
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Delhi HC Directs Centre to Release 14 Crores to Panacea Biotech for Manufacturing Vaccine(07.06.2021)
Delhi High Court has directed the Centre to release an amount of Rs. 14 Crores along with the interest of 12% to Panacea Biotech for manufacturing Spu.....
Tags : Delhi High Court, Panacea Biotech, Manufacturing of Sputnik V Vaccine
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ITAT, Mumbai: No TDS on Payments to Foreign Insurers, Rules(29.04.2022)
Income Tax Appellate Tribunal, Mumbai has observed that any payment prepared by the assessee company to such foreign insurers would not be chargeable .....
Tags : Income Tax Appellate Tribunal, Section 195(1), Income Tax Act, 1961, foreign insurers
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Supreme Court: Procedure to Admit Insufficiently Stamped Instruments Explained(04.09.2024)
Supreme Court by extracting the steps to be followed as per Sections 33, 34, 35, 37, and 39 of the Karnataka Stamp Act, 1957, has explained the proced.....
Tags : Supreme Court, Karnataka Stamp Act, Insufficiently Stamped Instruments
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ITAT, Delhi: Framing of Reassessment u/s 147 of IT Act against Non-Existing Entity Void Ab-initio(18.04.2022)
Income Tax Appellate Tribunal, Delhi has ruled that the re-assessment under section 147 and section 143(3) of the Income Tax Act, 1961 is not sustaina.....
Tags : Income Tax Appellate Tribunal, section 147, section 143(3) of the Income Tax Act, 1961
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ITAT, Ahmedabad: Payments to Medical Labs for Screening of Sickle Cell Anemia Subject to TDS(22.04.2022)
Income Tax Appellate Tribunal, Ahmedabad has held that under sections 194J and 194C of the Income Tax Act, 1961 is applicable to the payments made to .....
Tags : Income Tax Appellate Tribunal, Income Tax Act, sickle cell anemia, medical labs
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Supreme Court Upholds Constitutionality of Section 19(11) of Tamil Nadu VAT Act, 2006(15.10.2018)
Supreme Court has dismissed appeals filed against Madras High Court judgment that had upheld the constitutionality of Section 19(11) of the Tamil Nadu.....
Tags : Supreme Court, Tamil Nadu VAT Act, 2006
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P&H HC: Previous Statement of Witness Should be Put to His Notice if it’s Used For Contradicting Him(31.05.2022)
Punjab and Haryana High Court has held that if the witness was not confronted with that part of the statement with which the defense wanted to contrad.....
Tags : Punjab & Haryana High Court, Witness, Statement, Evidence Act
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TRAI releases Report on Activities for the period 1st January 2019 to 31st December 2019(13.08.2020)
Telecom Regulatory Authority of India (TRAI) has today released the Report on Activities for the period 1st January 2019 to 31st December 2019. The Re.....
Tags : Report, Release, Activities
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Supreme Court Upholds Constitutional Validity of Amendments Related to Charitable Trust Registration(11.04.2022)
Supreme Court has upheld the constitutional legality of the recent amendments made in the Finance Act, 2020 with regard to the new provisions regardin.....
Tags : Supreme Court, constitutional legality, Finance Act, 2020, Income Tax Act, 1961, religious trusts
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Mad. HC: Can’t Grant Police Protection to Person Inviting Threat Due to His Criminal Activities(06.08.2024)
Madras High Court has held that Police protection can be given by Court only in appropriate case based on threat perception. If a person invites a sit.....
Tags : Madras High Court, Police Protection, Criminal Activities
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Supreme Court: Charge Sheets Filed In Any State Amounts to ‘Continuing Unlawful Activity’(10.10.2017)
Supreme Court has held that the words ‘competent court’ in S. 2(d) of MCOCA [Maharashtra Control of Organized Crime Act] is not restricted to courts i.....
Tags : Supreme Court, Maharashtra Control of Organized Crime Act
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Telangana HC Strikes Down Ennuchs Act as Unconstitutional(10.07.2023)
Telangana High Court while striking down the Telangana Eunuchs Act, 1329 Fasli, as unconstitutional, observed that the statute is an intrusion into pr.....
Tags : Telangana High Court, Ennuchs Act, Unconstitutional
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Demand Notice U/S 138 NI Act Need Not be Sent Through Advocate: Tripura HC(30.04.2019)
Tripura High Court has held that there is no requirement in the Negotiable Instruments Act that the demand notice under Section 138 of the Act is to b.....
Tags : Tripura High Court, Section 138 Negotiable Instruments Act
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ITAT, Mumbai: Data Retrieved From Pen Drive Can’t be Sole Evidence For Re-Assessment(28.04.2022)
Income Tax Appellate Tribunal, Mumbai has held that the data retrieved from the pen drive seized during the search can’t be a sole basis for re-assess.....
Tags : Income Tax Appellate Tribunal, data retrieved, Income Tax Act, 1961, section 147, section 148, section 65B (4), Indian Evidence Act, 1872
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ITAT, Bangalore: No Rationale in Making Additions to Income on Violation of RBI Notifications(11.04.2022)
Income Tax Appellate Tribunal, Bangalore has observed that there is no rationale in the action of the Assessing Officer of making additions to income .....
Tags : Income Tax Appellate Tribunal, rationale, Assessing Officer, assesse, Section 68 of the Income Tax Act, 1961, Reserve Bank of India
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SC: Attempting to Overtake Vehicle Can’t be Said to be an Act of Rashness(09.08.2024)
Supreme Court while deciding an appeal for claim of compensation for accident, under the Motor Vehicles Act, 1988, has observed that merely because a .....
Tags : Supreme Court, MV Act, Overtake, Negligence
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Supreme Court: Courts can Hinder with Administrative Actions only if it Suffers from Illegality(18.09.2019)
Supreme Court has clarified that while exercising its powers of judicial review of administrative action, Courts should not interfere with the adminis.....
Tags : Supreme Court, Administrative Actions
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JKL HC: Safeguards Available to Regular Employee Not Available to Contractual Employee(13.07.2023)
Jammu and Kashmir High Court has held that person not working as a regular employee but is engaged on temporary basis on consolidated wages does not h.....
Tags : Jammu and Kashmir High Court, Contractual Employee, Safeguards
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Delhi HC: Prevention of Corruption (Amendment) Act Not to Operate Retrospectively(25.05.2020)
Delhi High Court has held that the Prevention of Corruption (Amendment) Act, 2018, so far as it substitutes Section 13(1)(d) of the principal Act, doe.....
Tags : Delhi High Court, Prevention of Corruption (Amendment) Act , 2018
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Kerala HC: Land Used For Cultivating Long Duration Crops Not Ecologically Fragile(28.04.2022)
Kerala High Court has ruled that the land primarily used for the cultivation of crops of long duration can’t be stated as ecologically fragile land un.....
Tags : Kerala High Court, cultivation of crops, Kerala Forest (Vesting and Management of Ecologically Fragile Lands) Act, 2003, ecologically
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Delhi HC Directs Revenue to Grant Immunity Under Section 270AA(26.04.2022)
Delhi High Court has observed that the assessee cannot be prejudiced by the inaction of the Assessing Officer, directing the revenue to grant immunity.....
Tags : Delhi High Court, Section 270AA of the Income Tax Act, 1961, Assessing Officer
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ITAT, Bangalore: Subsidy Expenditure Does Not Attract TDS Provision(29.04.2022)
Income Tax Appellate Tribunal, Bangalore has ruled that subsidy expenditure not attracts Tax Deducted at Source provision and set asides the order dis.....
Tags : Income Tax Appellate Tribunal, Tax Deducted at Source, Section 40(a)(ia), Income Tax Act, 1961
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Del. HC: Reopening Assessment on Basis of Estimation Report by DVO isn’t Sustainable(12.09.2024)
Delhi High Court has observed that report/estimate of the Valuation Officer cannot be the sole ground for re-opening assessment under Section 148 of I.....
Tags : Delhi High Court, Valuation Officer, S. 148 of IT Act, Estimation Report
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Supreme Court Dismisses Plea Challenging Tamil Nadu Land Acquisition Laws Act 2019(30.06.2021)
Supreme Court has held that the Tamil Nadu State legislature had legislative competence to enact Tamil Nadu Land Acquisition Laws (Revival of Operatio.....
Tags : Supreme Court, Tamil Nadu Land Acquisition Laws Act 2019
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ITAT, Delhi: Re-Assessment Based on Incorrect and Irrelevant Facts is Invalid(10.05.2022)
Income Tax Appellate Tribunal, Delhi has held that the re-assessment under section 148 of the Income Tax Act, 1961 invoked on the basis of incorrect a.....
Tags : Income Tax Appellate Tribunal, Income Tax Act, 1961, section 148
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Govt Increases Wage Ceiling Under Payment of Wages Act From 18,000 To 24,000(31.08.2017)
Ministry of Labour and Employment has specified Rupees Twenty Four Thousand per month as the wages under sub-section (6) of section 1 of the Payment o.....
Tags : Payment of Wages Act
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ITAT: Income Tax on Both Owner and GPA Holder on Same Income Amounts to Double Taxation(07.06.2022)
Income Tax Appellate Tribunal (ITAT), Visakhapatnam has held that levy of Income-tax on both landowner and GPA holder for the same income amounts to d.....
Tags : ITAT, Income-Tax Act, Double Taxation
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Kar. HC: To Set Aside Proceedings u/s 12 of Domestic Violence Act, Parties Must Approach High Court(02.07.2024)
Kar. HC has observed that setting aside entire proceeding initiated under Section 12 of the DV Act, 2005 is not the power that is vested in the Court .....
Tags : Karnataka High Court, S. 482 of CrPC, S. 12 of DV Act
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Delhi High Court: In Employment, Disputes Relating to Lock-In Periods are Arbitrable(15.07.2024)
Delhi High Court has held that disputes relating to lock-in periods applying while employment contract is subsisting are arbitrable under the Arbitrat.....
Tags : Delhi High Court, A&C Act, Employment Contract
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Madras HC Criticizes Practice of Judges Copying Issues/Questions of Law in Case(26.05.2021)
Madras High Court has criticized the practice of Judges copying the issues/ questions of law involved in a case from the pleadings itself, instead of .....
Tags : Madras High Court, Practice of Judges Copying Issues/Questions of Law in Case
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CESTAT, Delhi: CHA Has No Reason to Doubt Any Malpractice of Export of Prohibited Goods(10.05.2022)
Customs, Excise and Service Tax Appellate Tribunal, Delhi has ruled that the Custom House Agent had no reason to doubt any malpractice and attempted e.....
Tags : Customs, Excise and Service Tax Appellate Tribunal, Custom House Agent, malpractice, prohibited goods, abetment
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Supreme Court: Employees Personal Info Exempt from Disclosure Under RTI Act(04.09.2017)
Supreme Court has held that service details of employees fall within the ambit of ‘personal information’ u/s 8(1)(j) of Right to Information Act, and .....
Tags : Supreme Court, Right to Information Act
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ITAT: Belated Payment to PF/ESI Before Due Date for Filing Return is Deductable U/S 43B of IT Act(07.06.2022)
Income Tax Appellate Tribunal (ITAT), Allahabad has held that the belated payment of employee contribution to Provident Fund (PF)/Employees State Insu.....
Tags : ITAT, Income-Tax Act, PF/ESI
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Orissa HC: No Jurisdiction on Consumer Commission to Entertain Matters Under SARFAESI Act(03.07.2024)
Orissa High Court has observed that any suit or proceeding which can be entertained by the Debt Recovery Tribunal or the Appellate Tribunal cannot be .....
Tags : Orissa High Court, SARFAESI Act, Debt Recovery Tribunal
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Madras HC Directs Authorities to Permit Interaction Between Advocates and Inmates(28.05.2021)
Madras High Court has directed the authorities at all correctional homes to permit interaction between advocates representing the inmates and the rele.....
Tags : Madras High Court, Interaction Between Advocates and Inmates
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ITAT, Mumbai: Revisional Jurisdiction Invoked for Lack of Inquiry, Not for Inadequate Inquiry(08.04.2022)
Income Tax Appellate Tribunal, Mumbai has ruled that the revisional jurisdiction can be invoked only for lack of inquiry and not for inadequate inquir.....
Tags : Income Tax Appellate Tribunal, Revisional Jurisdiction, lack of inquiry, section 263, Income Tax Act, 1961
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ITAT, Bangalore: Income Tax Penalty Can’t be Imposed on Expenditure Due to Wrong Professional Advice(29.04.2022)
Income Tax Appellate Tribunal, Bangalore has ruled that the income tax penalty under section 271(1) of the Income Tax Act, 1961 cannot be imposed for .....
Tags : Income Tax Appellate Tribunal, income tax, section 271(1), Income Tax Act, 1961, Chartered Accountant
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Ker. HC: Foreign Travellers Overstaying After Expiry of Docs. Can’t be Treated as Infiltrators(12.09.2024)
Kerala High Court has observed that foreign nationals who entered India with valid documents and continued to stay even after expiry of such documents.....
Tags : Kerala High Court, Foreign Nationals, Foreigners Act
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Bombay HC: No Bar on Court Exercising Jurisdiction Even When Application U/S 7 of IBC is Filed(27.04.2022)
Bombay High Court has ruled that since application under Section 7 of the Insolvency and Bankruptcy Code, 2016 is filed, which is pending for consider.....
Tags : Bombay High Court, Section 7, Insolvency and Bankruptcy Code, 2016, Section 11, Arbitration and Conciliation Act, 1996
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Kar HC: Educational Institutions Must Recognize & Reconsider Malady of Harsh Disciplinary Actions(28.06.2023)
Karnataka High Court while observing that harsh discipline is closely linked to internalizing mental problems of a child and lowering the child’s cogn.....
Tags : Karnataka High Court, Educational Institutions, Harsh Disciplinary Actions
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Allahabad High Court: Once a Special Act Holds the Field, Provisions of General Law Would Not Apply(26.09.2024)
All. HC has held that the Securities and Exchange Board of India Act, 1992 is a Special Act, which shall prevail over the general act, such as IPC, 18.....
Tags : Allahabad High Court, Special Act, General Law
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Supreme Court: Power To Condone Delay Under Limitation Act Does Not Apply To Suits(08.03.2022)
Supreme Court has held that the power to condone delay under Section 5 of the Limitation Act does not apply to suits. The Court further held that Limi.....
Tags : Supreme Court, Limitation Act 1963, Mizoram
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Central Government Notifies Government of National Capital Territory of Delhi (Amendment) Act, 2021(28.04.2021)
Central Government has notified Government of National Capital Territory of Delhi (Amendment) Act, 2021 which has come into force on 27th April, 2021......
Tags : Central Government, Government of National Capital Territory of Delhi (Amendment) Act, 2021
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Delhi HC: Challenge against Appointment of Arbitrator Can't Be Under Section 14 of the A&C Act(04.04.2022)
Delhi High Court has observed that Section 14 of the Arbitration and Conciliation Act, 1996 (A&C Act) does not provide a separate remedy to the partie.....
Tags : Delhi High Court, Section 14 of the Arbitration and Conciliation Act, 1996, appointment of an arbitrator
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CIC Discarding Away RTI Applications Without Photo Identity Proof(27.10.2015)
Contrary to the RTI Act rules, the Central Information Commission (CIC) is asking applicants to furnish a copy of a photo identity card with applicati.....
Tags : RTI Act , Central Information Commission
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Kerala HC: Section 164(2) Companies Act not Retrospective(21.06.2021)
Kerala High Court has dismissed a batch of petitions challenging the disqualification of around 250 Directors of Companies under Sections 164 and 167 .....
Tags : Kerala HC, Companies Act
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CCI Rejects Anti-competitive Practices Complaints Against DLF(07.12.2016)
Competition Commission of India (CCI) has rejected a complaint of anti-competitive practices against DLF pertaining to 1995-96 period saying competiti.....
Tags : Competition Commission of India, DLF, anti-competitive practices
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Delhi HC: Cognizance of Section 138 NI Act Offence Will Not Automatically Result in Decree(04.08.2021)
Delhi High Court has held that if the Metropolitan Magistrate takes cognizance of an offense under Section 138 of the Negotiable Instrument Act, 1881,.....
Tags : Delhi High Court, Offence under Section 138 NI Act
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Kerala HC Directs Strict Action against Those Discarding Garbage in Drains(20.05.2022)
Kerala High Court has directed the Secretary of the Cochin Corporation to initiate strict action against those dumping garbage into canals and drains,.....
Tags : Kerala High Court, Strict Action, Roads and Canals
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P&H HC: If Jurisdic. AO Issues Notice u/s 148 of IT Act, Object of Faceless Assessment Gets Defeated(23.07.2024)
Punjab and Haryana High Court has held that after introduction of faceless assessment scheme, a notice under Section 148 of Income Tax Act, 1961 canno.....
Tags : P&H High Court, Faceless Assessment Scheme, S. 148 of IT Act
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Gujarat HC Upholds Vires of Provision Denying Deduction for Payments to Eligible Project or Scheme(04.10.2017)
Gujarat HC has upheld vires of Sub-section 7 of Section 35AC of Income Tax Act according to which benefit of deduction under Section 35AC of Act is no.....
Tags : Gujarat HC, Section 35AC of Income Tax Act
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Canada Court: Thumbs Up Emoji Amounts to Agreement(10.07.2023)
Canada Court while observing that ‘Thumbs Up’ emoji is an action in electronic form that can be used to express acceptance under Electronic Informatio.....
Tags : Canada Court, Thumbs Up Emoji, Contract, Acceptance
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Bombay HC: No Provision for Delay Condonation in Filing Rectification Application Under Customs Act(24.07.2017)
Bombay High Court has observed that there is no provision for condonation of delay in filing rectification application under the Customs Act.
Tags : Bombay High Court, Customs Act
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Bom HC: Facilitation Council Has No Jurisdiction to Conduct Arbitration Dispute of Works Contract(23.03.2023)
Bombay High Court while observing that works contract is not amenable to provisions of MSMED Act, and therefore Act could not have been invoked by cla.....
Tags : Bombay High Court, MSMED, Works Contract, Facilitation Council
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Supreme Court: Lower Courts Can Write Judgments in Tamil or English(12.05.2017)
Supreme Court has stayed a judgment passed by Madras HC in 2014 quashing a circular issued by HC in 1994 permitting Lower Courts in State to write jud.....
Tags : Supreme Court, Lower Courts, TN Official Language (Amendment) Act
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Madras HC Denies Bail to NRI Company Director Accused of Money Laundering(30.03.2022)
Madras High Court has refused to grant bail to Ahmed A.R Buhari, director and promoter of M/s Coastal Energen Private Limited (CEPL) who was accused u.....
Tags : Madras High Court, Section 3 of the Prevention of Money Laundering Act, 2002, of M/s Coastal Energen Private Limited
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Cal. HC: Facilitation Council Can Arbitrate Claims After Supplier’s Registration Under MSMED Act(10.04.2023)
Calcutta High Court has held that Facilitation Council would have exclusive jurisdiction to decide on reference, and to refer the same for arbitration.....
Tags : Calcutta High Court, MSMED Act, Facilitation Council
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Centre to launch Neighborhood Action Plan in cities for better Solid Waste Management(24.09.2017)
Stressing that the country can't be made clean without fixing the garbage problem in Delhi that has reached crisis proportion, Minister of Housing & U.....
Tags : Action Plan, Solid Waste Management, Launch
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SC Dismisses PIL Seeking Action Against Politicians for Damages in Protests Against SC/ST Verdict(24.10.2018)
Supreme Court has dismissed a PIL seeking a direction that the politicians, who were allegedly behind the massive unrest across the country because of.....
Tags : Supreme Court, SC/ST Act
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Bombay HC Grants Anticipatory Bail to Principal After Complainant Sought Extra Judicial Remedy(09.06.2022)
Bombay High Court while granting anticipatory bail to the accused for an offence under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities.....
Tags : Bombay High Court, Anticipatory Bail, SC/ST Act
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Kerala High Court: To Constitute Abetment, Intentional Aid by Abettor Must be Shown(05.07.2024)
Ker. HC has held that to constitute abetment, abettor must be shown to have intentionally aided commission of crime. Mere proof that crime charged cou.....
Tags : Kerala High Court, Abetment, S. 16 of POCSO Act, Abettor
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NGT Irks over Expenditure of Money Being Spent Without Any Success in Cleaning Ganga(09.11.2015)
National Green Tribunal (NGT) has irked over huge amounts of money being spent without any success in cleaning the Ganga and sought to know if Ministr.....
Tags : National Green Tribunal , Ganga Action Plans
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SEBI Allows Payments Banks to Carry Out Activities of Investment Bankers(04.08.2021)
Securities and Exchange Board of India has allowed payments banks to carry out the activities of investment bankers to provide easy access to investor.....
Tags : Securities and Exchange Board of India, Activities of Investment Bankers
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No Routine Arrest Under SC/ST Act If Sentence In Other Sections Is Less Than 7 Years: Allahabad HC(13.09.2018)
Allahabad HC has observed that the police would not make any routine arrest in matters related to the Act where offences under associated sections wer.....
Tags : Allahabad High Court, SC/ST Act
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Delhi HC: Husband & Wife Two Pillars of Family, Whole House Crashes Down if One Gets Weak(03.05.2022)
Delhi High Court has upheld an order passed by the Family Court allowing divorce in favour of the wife under section 13(1)(ia) of the Hindu Marriage A.....
Tags : Delhi High Court, Family Court, Hindu Marriage Act, 1955, section 13(1)(ia), Mental cruelty
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Allahabad HC Quashes Re-Assessment Order; Says Notice Issued Without Jurisdiction is Invalid(12.05.2022)
Allahabad High Court has held that once the notice under Section 148 of the Income Tax Act, 1961, issued by the assessing authority was declared witho.....
Tags : Allahabad High Court, Section 148, Income Tax Act, 1961, jurisdiction
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Delhi High Court Upholds Validity of Foreign Contributions (Regulation) Act, 2010(28.08.2019)
Delhi High Court has rejected a batch of seven writ petitions and observed that the Central Bureau of Investigation was empowered to investigate in ma.....
Tags : Delhi High Court, Foreign Contributions (Regulation) Act, 2010
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ITAT: Provision Mandating Furnishing of PAN With E-TDS has Overriding Effect(10.06.2022)
Income Tax Appellate Tribunal (ITAT), Visakhapatnam bench has held that the provision mandating furnishing of PAN with E-TDS has an overriding effect .....
Tags : ITAT, Income-Tax Act, PAN
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BCI Directs SBCs to Initiate Discipl. Action Against Advocates Soliciting Work Through Online Portal(09.07.2024)
Bar Council of India (BCI) has issued directions to State Bar Councils to take disciplinary action against advocates soliciting work through online po.....
Tags : Bar Council of India, Disciplinary Action, Online Platforms
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ITAT: Currency Derivative Can be Treated As An Eligible Transaction U/S 43(5)(30.05.2022)
Income Tax Appellate Tribunal, Delhi has observed that currency derivatives can be treated as eligible transactions under Section 43(5) of the Income .....
Tags : Income Tax Appellate Tribunal, transactions
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Gujarat HC Issues Notice on Plea Challenging Government Ordinance on Factories Act, 1948(13.08.2020)
Gujarat High Court has issued notice on a plea challenging the ordinance promulgated by the Governor of Gujarat in connection with Factories Act, 1948.....
Tags : Gujarat High Court, Government Ordinance on Factories Act, 1948
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NCLT, Chennai: No Conflict Among Prohibition of Benami Property Transaction Act and IBC, 2016(06.05.2022)
National Company Law Tribunal, Chennai has ruled that there is no conflict between the Prohibition of Benami Property Transaction Act, 1988 and the In.....
Tags : National Company Law Tribunal, Prohibition of Benami Property Transaction Act, 1988, Insolvency and Bankruptcy Code, 2016, attachment of property
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SC: Challenge to Surrogacy Age Limit Can’t be Decided Without Considering Facts of Each Case(31.07.2024)
Supreme Court while hearing pleas regarding challenge to provisions of Surrogacy (Regulation) Act, 2021 and the Surrogacy (Regulation) Rules, 2022, ha.....
Tags : Supreme Court, Age Limit, Surrogacy (Regulation) Act
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Supreme Court Gives Relief to Couple who Pleaded Guilty for Marrying off their Under-Aged Kids(16.11.2018)
Supreme Court has set aside a High Court order to conduct de novo trial under the Prohibition of Child Marriage Act, 2006 against a couple who pleaded.....
Tags : Supreme Court, Child Marriage Restraint Act, 1929
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Rajasthan HC Sets Aside Family Court's Order Refusing To Waive 6 Months Cooling-Off Period(16.05.2022)
Rajasthan High Court held that a family court had committed illegality in rejecting the divorce application for waiving cooling -off six months' perio.....
Tags : Rajasthan High Court, Hindu Marriage Act, 1955
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HP HC: When S. 29A(4) of A&C Act Applies, Application Under Section 151 of CPC Won’t be Maintainable(28.08.2024)
Himachal Pradesh High Court has held that when a particular provision exists under Section 29A(4) of the Arbitration and Conciliation Act, 1996 for ex.....
Tags : HP High Court, S. 29A(4) of A&C Act, Arbitration Proceedings
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SC: Government Bodies Expected to Uphold Fairness & Equality While Dealing With Contractual Matters(07.10.2024)
SC has stated that Govt. bodies are expected to uphold fairness, equality & public interest while dealing with contractual matters. Right to equality .....
Tags : Supreme Court, Contractual Matters, Government Bodies
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Ker HC: Charge Framed by Court Without Jurisdic. Will Not Affect Evidence Recorded by Special Court(18.10.2024)
Kerala High Court has held that evidence recorded by a Special Court constituted under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), .....
Tags : Kerala High Court, Special Court, NDPS Act
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Supreme Court Directs Protesting Doctors in State of West Bengal to Return to Work(10.09.2024)
Supreme Court has directed the doctors in West Bengal, protesting against the rape and murder of a doctor at the RG Kar Medical College Hospital, to r.....
Tags : Supreme Court, West Bengal, Punitive Action, Medical College
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Rajasthan HC: Smuggling of Gold Can't be Treated As Terrorist Act Under UAPA(09.05.2022)
Rajasthan High Court has observed that Customs Act, 1962 is not included in Schedule-II of the Unlawful Activities (Prevention) Act, 1967 and conseque.....
Tags : Rajasthan High Court, Customs Act, 1962, Unlawful Activities (Prevention) Act, 1967, Terrorist Act, bailable, Schedule-II
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Mad. HC: If Parties are in Agreement, Formal Contract Signature by Other Party Not Necessary(31.07.2024)
Madras High Court has held that if it is proved that parties are in agreement, a formal contract signature by other party is not necessary in order to.....
Tags : Madras High Court, Arbitration Agreement, Contract Signature
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Sec.50 NDPS Act not Complied Just by Stating that Police Conducted Search with Consent: Delhi HC(16.11.2018)
Delhi High Court has held that conditions of search under Sec. 50 of Narcotic Drugs and Psychotropic Substances Act are mandatory and they cannot be f.....
Tags : Delhi High Court, NDPS Act
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NCLAT: NCLT Doesn't Have Power to Classify Transaction As Preferential Transaction(16.05.2022)
National Company Law Appellate Law Tribunal, has observed that NCLT does not have the power to suo-moto classify a transaction as a Preferential Trans.....
Tags : National Company Law Appellate Law Tribunal, Section 44, Insolvency and Bankruptcy Code, 2016, Preferential Transaction
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Pat. HC: Section 45(5A) of Income Tax Act cannot be Treated as Retrospective(17.05.2023)
Patna High Court has held that Section 45(5A) of Income Tax Act 1961 can’t be treated as retrospective, and stated that there is presumption against r.....
Tags : Patna High Court, Income Tax Act, Retrospective
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CBEC: No Service Tax for Yoga Practitioners(27.09.2016)
Central Board of Excise and Customs (CBEC) has notified that entity promoting yoga will not have to pay service tax for a period between 1 July, 2012 .....
Tags : CBEC, Yoga Practitioners
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Ker. HC: Sale of Liquor Should Take Place to Attract Section 55(i) of Kerala Abkari Act(18.05.2023)
Kerala High Court has held that illicit sale of liquor should be made to attract offence under section 55(i) of Kerala Abkari Act and stated that mere.....
Tags : Kerala High Court, Kerala Abkari Act, Liquor, Sale
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Bombay High Court: No Addition Can be Made in Respect of Unutilized Cenvat Credit to Closing Stock(04.08.2017)
Bombay High Court, while upholding Tribunal order deleting addition in respect of unutilized Cenvat credit to closing stock, has held that irrespectiv.....
Tags : Bombay High Court, Income Tax Act
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Supreme Court: Mere Amalgamation Would Not invalidate Income Tax Proceedings(07.04.2022)
Supreme Court has held that whether corporate death of amalgamating entity upon amalgamation invalidates an order of assessment issued under the Incom.....
Tags : Supreme Court, amalgamation, Income Tax Act, 1961, Section 481 of the Companies Act, 1956
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Delhi HC: Exemption Cannot be Denied to Charitable Entity for Advertising Scholarship(12.04.2022)
Delhi High Court has observed that the exemption under the provisions of the Income Tax Act, 1961 can’t be denied to a charitable entity merely becaus.....
Tags : Delhi High Court, exemption, Income Tax Act, 1961, scholarship
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CAS: Indian Wrestler Vinesh Phogat Did Not Commit any Indiscretion in Paris Olympics, 2024(20.08.2024)
Court of Arbitration for Sport (CAS) has refused Indian wrestler Vinesh Phogat’s plea of a silver medal in Paris Olympics, 2024 after she was disquali.....
Tags : Vinesh Phogat, CAS, Wrongful Act
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P&H HC: Factories Act Does Not Override Indian Penal Code(13.06.2022)
Punjab and Haryana High Court has held that provision of Factories Act, 1948 are not in substitution but are supplemental to any other Act. Therefore .....
Tags : Punjab and Haryana High Court, Factories Act, Indian Penal Code
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SC: Cheque Dishonour Cases Can Only be Compounded With Consent of Complainant(26.08.2024)
Supreme Court has held that Court can compound cheque dishonor cases under Section 147 of the Negotiable Instruments Act, 1881 (N.I. Act) only when th.....
Tags : Supreme Court, S. 147 of NI Act, Cheque Dishonor
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SC: If Construction of Building Essential for Carrying Supplying Services, it Can be Held as a Plant(04.10.2024)
SC has held that if construction of a building was essential for carrying out activity of supplying services such as renting or lease or other transac.....
Tags : Supreme Court, Supplying Services, CGST Act, 2017
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Bombay HC: Re-Assessment at Behest of Audit Party Invalid(13.04.2022)
Bombay High Court has observed that the re-assessment under section 147 of the Income Tax Act, 1961 is bad in law since the same was at the request of.....
Tags : Bombay High Court, section 147 of the Income Tax Act, 1961, audit party
read»
National Food Security Act, 2013 (NFSA) implemented throughout India(04.11.2016)
The National Food Security Act, 2013 (NFSA) is finally implemented throughout all the territories of India including all States and Union Territories......
Tags : Act, Food security, Implementation
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Karnataka HC: Abuses Hurled in Basement Which was Not in Public View is Not Offence(22.06.2022)
Karnataka High Court while quashing proceedings under Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, has he.....
Tags : Karnataka High Court, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act
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ITAT States That Consideration Paid For Purchase Of Advertisement Space Does Not Amount To 'Royalty'(16.05.2022)
Chennai Bench of ITAT has held that consideration paid for purchase of advertisement space does not amount to 'royalty' under the Income Tax Act, 1961
Tags : ITAT Chennai, Royalty, Income Tax Act
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ITAT: Centralized Processing Centre has No Jurisdiction of Adjustment U/S 143(1)(23.05.2022)
Income Tax Appellate Tribunal (ITAT), Mumbai bench has held that the Centralized Processing Centre has no jurisdiction to exercise the power under sec.....
Tags : ITAT, Centralized Processing Centre, Income-Tax Act, Assessee
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Bombay High Court Dismisses Plea Challenging Provisions of Food Safety Act(21.09.2015)
Bombay HC while dismissing a plea challenging several provisions of the Food Safety and Standards (FSS) Act, observed that those who endangered human .....
Tags : Bombay High Court ,Food Safety and Standards (FSS) Act
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CESTAT, Bangalore Quashes Demand of Service Tax for Promotion of IPL Team(06.04.2022)
Customs, Excise and Service Tax Appellate Tribunal, Bangalore has held that the promotional activities by Anil Kumblein, former Indian skipper to carr.....
Tags : Customs, Excise and Service Tax Appellate Tribunal, promotional activities, Anil Kumblein, advertising, Business Auxilliary Services, no service tax
read»
Punjab & Haryana HC: Appointment on Contractual Basis Without Public Advertisement Not Regularized(11.04.2022)
Punjab and Haryana High Court has observed that employees appointed on contractual basis sans any advertisement and contrary to the provisions of Arti.....
Tags : Punjab and Haryana High Court, contractual basis, advertisement, Article 14, Article 16, Constitution of India
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Bombay High Court: Judgement Reserved in Kunal Kamra’s Petition Challenging IT Amendment Rules, 2023(09.08.2024)
Bombay High Court has reserved its judgement in the petition filed by comedian Kunal Kamra challenging the IT Amendment Rules, 2023 that empower the U.....
Tags : Bombay High Court, IT Amendment Rules, Fact Checking Units
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ITAT, Pune: Revisional Jurisdiction Cannot be Invoked Sans Illegality in Original Re-Assessment(16.05.2022)
Income Tax Appellate Tribunal (ITAT), Pune while quashing a revisional jurisdiction under Section 263 of the Income Tax Act, 1961, has ruled that the .....
Tags : Income Tax Appellate Tribunal (ITAT), Pune, revisional jurisdiction, Section 263, Income Tax Act, 1961
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Bom HC: FIR can be Against IO if he Fails to File Chargesheet Within 180 Days in NDPS Case(19.05.2023)
Bombay High Court while directing prosecution of investigating officer (IO) for failing to file chargesheet within time stipulated of 180 days under S.....
Tags : Bombay High Court, FIR, Chargesheet, NDPS Act, Investigating Officer
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Bombay High Court: Person Running Court Canteen is in Temporary Possession of Premises(10.08.2017)
Bombay High Court has observed that a person running a canteen on Court premises is in temporary possession and therefore is not entitled to relief u.....
Tags : Bombay High Court, Special Relief Act
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Madhya Pradesh HC: Insecticide Not an Essential Commodity Under Essential Commodities Act(07.04.2022)
Madhya Pradesh High Court has observed that insecticide does not figure in the Schedule affixed to the Essential Commodities Act, 1955 and the provisi.....
Tags : Madhya Pradesh High Court, Essential Commodities Act, 1955, insecticide
read»
Delhi Court: Denies Bail to Sharjeel Imam Denied Bail Inin Delhi Riots Larger Conspiracy Case(12.04.2022)
Delhi Court has dismissed the bail plea moved by Sharjeel Imam in connection with a case alleging larger conspiracy into the Delhi riots of 2020, invo.....
Tags : Delhi Court, Sharjeel Imam, conspiracy, Indian Penal Code, Unlawful Activities (Prevention) Act
read»
Del. HC: While Granting Approval, Merely Appending Word ‘Approved’ by PCCIT Not Sufficient(21.08.2024)
Del. HC has observed that mere appending of the word “approved” by the PCCIT while granting approval under Section 151 of IT Act to the re-opening und.....
Tags : Delhi High Court, PCCIT, S. 151 of IT Act
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Madras HC Restrains Transport Dept. from Allowing LPG Auto Permit Holders to Purchase Diesel Auto(20.07.2017)
Madras High Court has restrained the Transport Department from invoking the powers conferred on it under Section 83 of Motor Vehicles Act, 1988 and th.....
Tags : Madras High Court, Motor Vehicles Act, 1988
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SC to Ministry of Law: Conduct Judicial Impact Assessment of All Tribunals at the Earliest(23.03.2023)
Supreme Court has directed Ministry of Law & Justice to conduct "Judicial Impact Assessment" of tribunals as per its directions in Rojer Mathew v. Sou.....
Tags : Supreme Court, Ministry of Law, Judicial Impact Assessment, Tribunals
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Del. HC: Peeping Inside Washroom When Woman is Inside, Attracts Offence of Voyeurism(07.04.2023)
Delhi High Court has observed that peeping inside washroom while woman is inside, which essentially is a private act, amounts to invasion of her priva.....
Tags : Delhi High Court, Voyeurism, Privacy, Private Act
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ITAT: Interest on Enhanced Compensation Recd. under LA Act Not Subject to Capital Gain Tax(28.09.2017)
Income Tax Appellate Tribunal (ITAT) has held that the interest received on enhanced compensation for land compulsorily acquired under the Land Acquis.....
Tags : Income Tax Appellate Tribunal, Capital Gain, Land Acquisition Act
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ITAT, Bangalore Allows Capital Gain Exemption Since Sale Deed was Registered Within Given Time(18.04.2022)
Income Tax Appellate Tribunal, Bangalore has observed that the date of completion of construction of new property is immaterial to allow exemption und.....
Tags : Income Tax Appellate Tribunal, section 54F, Income Tax Act, 1961, statutory period
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Bombay HC: Orders U/S 60 Maharashtra Police Act are Quasi-Judicial, Must be Supported by Reasons(22.04.2022)
Bombay High Court has observed that the order of Divisional Commissioner on externment under the Maharashtra Police Act, 1951 are not administrative .....
Tags : Bombay High Court, Maharashtra Police Act, 1951, administrative orders, quasi-judicial
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Madras HC: Signing of Statement Admitting Tax Liability Not Lead to Self-Assessment(20.04.2022)
Madras High Court has ruled that the signing of a statement by the taxpayer admitting tax liability under the stress of investigation and making payme.....
Tags : Madras High Court, section 74 of the Central Goods and Services Tax Act, 1961, taxpayer, tax liability
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Delhi High Court: U/S 9 of Arbitration and Conciliation Act, 1996, Scope of Inquiry is Limited(14.06.2024)
Delhi High Court has held that the scope of inquiry under Section 9 of Arbitration and Conciliation Act, 1996 is limited to prima facie examination of.....
Tags : Delhi High Court, S. 9 of A&C Act, Scope of Inquiry, Prima Facie
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Calcutta HC Issues Notice on Plea Challenging Validity of Taxation and Other Laws Act, 2020(19.07.2021)
Calcutta High Court has issued notice on a plea challenging the constitutional validity of the provisions of The Taxation and Other Laws (Relaxation a.....
Tags : Calcutta High Court, Validity of Taxation and Other Laws Act, 2020
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Tel. HC: While Releasing Amount Under S. 19 of MSME Act, Reasons Must be Assigned by Courts(24.06.2024)
Telangana High Court has held that, reasons must be assigned by the court while releasing the amount under Section 19 of the Micro, Small and Medium E.....
Tags : Telangana High Court, MSME Act, Releasing Amount
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SC Notice to Centre on Changes in CAT Appointments Brought by Finance Act, 2017(21.08.2017)
Supreme Court has issued notice to Finance Ministry on a petition filed by Central Administrative Tribunal Bar Association challenging the alterations.....
Tags : Supreme Court, Finance Act
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Kerala HC: Magistrate Can Decide Validity of Talaq in Wife's Petition Under DV Act(02.05.2022)
Kerala High Court has held that a Magistrate is empowered to decide the plea of talaq raised by the husband in his wife's petition filed under the Dom.....
Tags : Kerala High Court, talaq, Domestic Violence Act, 2005, marital status
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ITAT, Pune: Capital Gain Exemption u/s 54F for Purchase of Office Premises not available(08.04.2022)
Income Tax Appellate Tribunal, Pune has observed that the capital gain exemption under section 54F of the Income Tax Act, 1961 is not available in the.....
Tags : Income Tax Appellate Tribunal, capital gain exemption, Income Tax Act, 1961, office premises
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Rajasthan HC: Appeals u/s 58 RERA Act to be Filed with Court Fees(13.04.2022)
Rajasthan High Court has held that where there is no specific provision for payment of Court fees on appeals under Section 58 of the Real Estate Regul.....
Tags : Rajasthan High Court, Real Estate Regulatory Authority Act, 2016, Rule 37, Section 58
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Orissa HC: State Vigilance Department Can't be Completely Exempted from RTI Act(22.06.2022)
Orissa High Court has held that the State Vigilance Department cannot be completely exempted from Right to Information (RTI) Act, 2005 and directed th.....
Tags : Orissa High Court, State Vigilance Department, Right to Information Act
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Delhi HC: Stamp Duty Insufficiency on Arbitration Agreement is Jurisdictional Issue U/S 16 A&C Act(26.04.2022)
Delhi High Court has ruled that the sufficiency of the stamp duty on the arbitration agreement is a jurisdictional issue under Section 16 of the Arbit.....
Tags : Delhi High Court, stamp duty, arbitration agreement, Section 16, Arbitration and Conciliation Act, 1996
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CESTAT, Mumbai: Sports Boats Come Within Ambit of Inflatable Craft under Customs and Tariffs Act(02.05.2022)
Customs, Excise and Service Tax Appellate Tribunal, Mumbai has ruled that sports boats come within the meaning of inflatable craft subsequent to headi.....
Tags : Customs, Excise and Service Tax Appellate Tribunal, Customs Tariff Act, 1975, sports boats
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SC: Centre Made Party to Interpret the Word ‘Person’ Under Consumer Protection Act(19.09.2024)
Supreme Court while hearing a issue whether charitable trust can be considered a “consumer”, has made the Union of India a party in the case for assis.....
Tags : Supreme Court, Consumer Protection Act, Charitable Trust, Union of India
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Bombay HC: Loss On Trading in Derivatives of Securities Not A Speculative Loss(19.05.2022)
Bombay High Court has ruled that transactions in respect of trading in derivatives carried out in a recognized stock exchange are excluded from the de.....
Tags : Income-Tax Act, Bombay High Court, ITAT, Finance Act
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SC: Dispute regarding Discharge of Contract is Arbitrable as per Arbitration Agreement(22.07.2024)
SC has observed that once contract has been discharged by performance, no right to seek performance, or to perform any obligation remains under it but.....
Tags : Supreme Court, Arbitration Agreement, Discharge of Contract
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Bombay HC Constantly Following or Watching Child With Bad Intention Is Offence Under POCSO Act(04.10.2017)
Bombay HC has ruled that if a person with sexual intent repeatedly or constantly follows or watches or contacts a child either directly or through oth.....
Tags : Bombay HC , Protection of Children from Sexual Offences (POCSO) Act
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MHA Extends FCRA Validity of NGO’s With Pending Renewal(24.06.2022)
Ministry of Home Affairs (MHA) has extended the Foreign Contribution (Regulation) Act [FCRA] validity of NGO’s with pending renewal till 30th Septembe.....
Tags : Ministry of Home Affairs, Foreign Contribution (Regulation) Act, NGO
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Transwoman Also a Bride Under Hindu Marriage Act: Madras HC(24.04.2019)
Madras High Court has held that as per Hindu Marriage Act, a transsexual is also a "bride" and the term would not necessarily refer only to a woman.
Tags : Madras High Court, Transwoman, Hindu Marriage Act
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Madras HC Rejects Anticipatory Bail to Tamil Actress for Making Objectionable Remarks Against CM(27.04.2022)
Madras High Court has rejected a plea for anticipatory bail filed by tamil actress Tamilselvi alias Meera Mithun, who was charged for making obscene a.....
Tags : Madras High Court, anticipatory bail, Tamilselvi, tamil actress, Meera Mithun, MK Stalin, Peiya Kaanom
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Examination for Confirmation of Enrollment of GST Practitioners(10.10.2018)
The National Academy of Customs, Indirect Taxes and Narcotics (NACIN) is conducting an examination for confirmation of enrolment of Goods and Services.....
Tags : Enrollment, GST Practitioners, Examination
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SC: No Penalty Under S.271C of IT Act for Mere Delay in Remittance of TDS(11.04.2023)
Supreme Court while observing that words used in Section 271C(1)(a) are ‘fails to deduct’, and the same doesn’t speak about belated remittance of TDS,.....
Tags : Supreme Court, TDS, Remittance, Income Tax Act
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Kerala HC: Notice to Defacto Complainant Need Not be Issued in Bail Applications(18.08.2020)
Kerala High Court has observed that it is not necessary for a Court to issue a notice to the defacto complainant suo motu or direct the accused to imp.....
Tags : Kerala High Court, Defacto Complainant
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Cal. HC: 90 Day Timeline for Completion of Arbitral Proceedings Under MSME Act is Directory(03.10.2024)
Cal. HC has held that under Section 18(5) of MSME Act, the ninety day timeline given for completion of arbitral proceeding is directory, not mandatory.....
Tags : Calcutta High Court, MSME Act, Arbitral Proceeding
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ITAT, Bangalore: Payment of Sub Contracting Charges to Subsidiary Liable to TDS(18.04.2022)
Income Tax Appellate Tribunal, Bangalore has observed that payment of sub-contracting charges to subsidiary is liable to Tax Deduction at Source.
Tags : Income Tax Appellate Tribunal, Tax Deduction at Source, sub-contracting charges
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Madras HC: Manifest Intention to Arbitrate is Sine Qua Non for Filing Application Under S.9(22.04.2022)
Madras High Court has ruled that manifest intention to arbitrate is a sine qua non for filing an application under Section 9 of the Arbitration & Conc.....
Tags : Madras High Court, Section 9 of the Arbitration & Conciliation Act, 1996, sine qua non, arbitration
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Enforcement date of Indian Institutes of Information Technology (Public-private Partnership) Act, 2017(06.09.2017)
In exercise of the powers conferred by sub-section (2) of section 1 of the Indian Institutes of Information Technology (Public-private Partnership) Ac.....
Tags : Enactment, Enforcement, date
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Allahabad HC: Application U/S 482 CrPC Not Maintainable Against Summoning Order under SC/ST Act(30.05.2022)
Allahabad High Court while taking into account Section 14A(1) of the S.C./S.T. Act has held that Application under Section 482 of CrPC can't be filed .....
Tags : Allahabad High Court, Section 482 CrPC, SC/ST Act
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P&H HC: Party Under Legal Obligation to Opt Where Effective Remedy is Available U/S 41(h) SR Act(06.05.2022)
Punjab and Haryana High Court, while dealing with a revision petition, held that it is well-settled law that under Section 41(h) of the Specific Relie.....
Tags : Punjab and Haryana High Court, Section 41(h), Specific Relief Act, 1963, statutory provisions, efficacious
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Budget 2024-25 Introduces Enhanced Deductions and Revised Tax Slabs(23.07.2024)
What is Income Tax?
Income tax is a government levy on the income earned by individuals and businesses during a financial year. "Income" enc.....
Tags : Income Tax Return, Commercial Properties, Securities Transaction Tax
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SC: No Rational Justification for Different Age of Retirement for Doctors Practicing Different System(04.08.2021)
Supreme Court has observed that there is no rational justification for different age of retirement for doctors practicing AYUSH system of medicines an.....
Tags : Supreme Court, Justification for Different Age of Retirement for Doctors Practicing Different Systems
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Non-Compliance of S. 148A Notice: Rajasthan HC asks Income Tax Dept to Follow SC Judgment(19.05.2022)
Rajasthan High Court has directed the income tax department to proceed with the notices quashed earlier under Section 148A of Income-Tax Act, 1961, in.....
Tags : Supreme Court, Rajasthan High Court, Section 148A Income-Tax Act 1961, Finance Act
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Order Holding that Watching Child Porn Isn’t an Offence, Recalled by Karnataka HC(22.07.2024)
Karnataka High Court has recalled the order in which it was held that watching child pornography online is not an offence under Section 67B of the Inf.....
Tags : Karnataka High Court, S. 67B of IT Act, Child Pornography
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Delhi HC Dismisses Plea Challenging Aadhar Requirement for Availing Ration(06.04.2022)
Delhi High Court has dismissed a public interest litigation that challenges the mandatory requirement of Aadhaar card to avail free ration under the N.....
Tags : Delhi High Court, public interest litigation, National Food Security Act, 2013, Aadhaar card
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ITAT, Mumbai: Architect Fee Paid in Connection with Transfer of Development Rights Allowable(11.04.2022)
Income Tax Appellate Tribunal, Mumbai has observed that the architect fee paid by the assessee regarding the transfer of development rights are allowa.....
Tags : Income Tax Appellate Tribunal, architect fee, assesse, section 48 of the Income Tax Act, 1961, capital gain
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Del. HC: Haj Pilgrimage is a Religious Practice(08.06.2023)
Delhi High Court while observing that Haj pilgrimage and the ceremonies involved therein falls within the ambit of religious practice, held that the s.....
Tags : Delhi High Court, Haj Pilgrimage, Religious Practice
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Kerala HC: Person Exhibiting Naked Body to Child Would Attract POCSO Act(16.10.2024)
Kerala High Court has stated that when a person exhibits naked body to a child, the same is an act intending to commit sexual harassment upon a child .....
Tags : Kerala High Court, Naked Body, POCSO Act
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Del HC: Consider Lower Side on Margin of Error if Ossification Test Opines Victim is b/w 15-17 Yrs(17.05.2023)
Delhi High Court while referring to Jarnail Singh v. State of Haryana (MANU/SC/0626/2013) has held that for determining age of a child victim under PO.....
Tags : Delhi High Court, POCSO Act, Bone Ossification Test
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Orissa HC Notices Ministries(27.09.2016)
Orissa HC has issued notices to Ministries of Law and Justice, Home, Personnel, Public Grievance and Pensions over a writ petition seeking declaration.....
Tags : Orissa HC , Lokpal and Lokayuktas Act
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Delhi HC: Collection of Service Charges from Donors Cannot Be Ground to Deny Tax Exemption(07.04.2022)
Delhi High Court has observed that the collection of service charges by India HIV AIDS Alliance from the donors cannot be treated as a reason to deny .....
Tags : Delhi High Court, service charges, India HIV AIDS Alliance, section 11, Income Tax Act, 1961, section 12
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ITAT, Mumbai: Depreciation Allowable on Marketing Information and Non-Compete Fee(11.04.2022)
Income Tax Appellate Tribunal, Mumbai has observed that the depreciation is allowable on intangible assets such as marketing information comprising of.....
Tags : Income Tax Appellate Tribunal, depreciation, intangible, marketing information, Commercial information, Customer data, Distribution network, Suppliers contract, Non-compete fees
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Supreme Court: Centre & States to Take Steps to Implement NCAHP Act, 2021(13.08.2024)
Supreme Court has directed the Centre to conduct a meeting with all the State Secretaries of the Ministry of Health and Family Welfare, to come out wi.....
Tags : Supreme Court, NCAHP Act, State Secretaries
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Chhattisgarh HC: Assessing Officer Failed to Record Reason for Issue of Notice u/s 148(07.04.2022)
Chhattisgarh High Court has quashed a notice on grounds that the Assessing Officer had failed to record the reason for issue of notice under section 1.....
Tags : Chhattisgarh High Court, section 148 of the Income Tax Act, 1961, Assessing Officer
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Allahabad HC: Section 6 of GST Act is Enacted to Avoid Possibility of Conflicting Orders(11.04.2022)
Allahabad High Court has observed that section 6 of Goods and Services Tax Act, 2017 is enacted to avoid possibility of orders of conflict and holds n.....
Tags : Allahabad High Court, section 6 of Goods and Services Tax Act 2017, jurisdiction
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Del. HC: Withholding Names of Institutes or Universities Attended by Current Employees is Justified(14.08.2024)
Del. HC has held that Central Information Commissioner’s decision to withhold the names of institutes or universities attended by current employees is.....
Tags : Delhi High Court, Central Information Commissioner, RTI Act
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Government Notifies IBC Amendment Act, 2021 Enables Pre-Packaged Insolvency Resolution for MSMEs(13.08.2021)
Central Government has notified the Insolvency and Bankruptcy Code Amendment Act, 2021 which has enabled Pre-packaged Insolvency Resolution for MSMEs......
Tags : Central Government, IBC Amendment Act, 2021
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Supreme Court: Constitutional Validity of Section 6A of Citizenship Act, 1955 Upheld(17.10.2024)
Supreme Court has upheld the constitutional validity of Section 6A of Citizenship Act, 1955 that grants citizenship to immigrants who entered India be.....
Tags : Supreme Court, Constitutional Validity, Citizenship Act, Section 6A
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P&H HC: Licensing Authority Can Refuse to Grant Arms Licence U/S 14 Arms Licence Act(11.05.2022)
Punjab and Haryana High Court while dealing with a petition in which an application for grant of an arms license was rejected has held that the reason.....
Tags : Punjab and Haryana High Court, arms licence, Arms Act, 1959
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Distribution of false or misleading information that is capable of harming the business interests of another undertaking constitutes a deceptive marketing practice(10.08.2017)
In facts of present case, the Complainant is engaged in the manufacturing and marketing of consumer household, antiseptic, and pharmaceutical products.....
Tags : Deceptive marketing practices, Provisions, Violation
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ITAT Disallows IT Deduction U/S 80IA as Income From Eligible Unit Not Shown in Gross Total Income(08.06.2022)
Income Tax Appellate Tribunal (ITAT), Cuttack bench has disallowed deduction under Section 80IA of Income-Tax Act, 1961 since income from eligible uni.....
Tags : ITAT, Income-Tax Act, Deduction
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Ker. HC: Registrar of Co-operative Societies A Public Authority, Expected to Provide Information(04.07.2024)
Kerala High Court has held that it is well settled that the Registrar of Co-operative Societies is a public authority and is expected to provide the i.....
Tags : Kerala High Court, Co-operative Societies, S. 2(f) of RTI Act, S. 8 of RTI Act
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Meghalaya HC Orders Centre to Enforce AFSPA in Garo Hills(03.11.2015)
Meghalaya High Court has ordered Centre to enforce Armed Forces (Special Powers) Act, (AFSPA) 1958 in insurgency-ravaged districts of Garo Hills to co.....
Tags : Meghalaya High Court , Armed Forces (Special Powers) Act, (AFSPA) 1958
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Supreme Court Issues Notice on Plea Against Continued Use of 66A Information Technology Act(02.08.2021)
Supreme Court has issued notice to States, Union Territories and Registrar of High Courts in plea filed by Peoples Union for Civil Liberties (PUCL) se.....
Tags : Supreme Court, Continued Use of 66A Information Technology Act
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P&H HC: Matter Can be Referred to Arbitration Under MSMED Act in Absence of Arbitration Agreement(14.06.2022)
Punjab and Haryana High Court has held that even in the absence of an arbitration agreement between the parties, the matter can be referred to arbitra.....
Tags : Punjab and Haryana High Court, Arbitration, MSMED Act
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Ker HC: Charge Framed by Court Without Jurisdic. Will Not Affect Evidence Recorded by Special Court(18.10.2024)
Kerala High Court has held that evidence recorded by a Special Court constituted under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), .....
Tags : Kerala High Court, Special Court, NDPS Act
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MP HC: MP Municipalities (Second Amendment) Ordinance, 2024 has Retroactive Operation(10.09.2024)
MP HC has held that MP Municipalities (2nd Amendment) Ordinance, 2024 has retroactive operation & would apply to cases, where although no confidence m.....
Tags : MP High Court, Retroactive Operation, No Confidence Motion
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SC: Self-Serving Statements on Income will not be Enough to Prove Readiness and Willingness(19.09.2019)
Supreme Court has observed that self serving statements on income without any proof of financial resources will not be enough to prove that Plaintiff .....
Tags : SC, Contract
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SC to Centre: Have Any Schemes Been Formulated for Rehabilitation of Manual Scavengers?(14.07.2023)
Bombay High Court has held that age of consent necessarily has to be distinguished from the age of marriage as sexual acts do not happen only in the c.....
Tags : Bombay High Court, Consent, Marriage, Sexual Acts
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SC Allows Tamil Nadu Government to Use Floors of Hospital Facing Demolition Action(28.05.2020)
Supreme Court has allowed Tamil Nadu Government to use the floors of a hospital facing a demolition action on the ground of unauthorized construction .....
Tags : Supreme Court, Hospital Facing Demolition Action
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Gujarat HC: Interest on Delayed Payment of Gratuity Mandatory, Not Discretionary(28.04.2022)
Gujarat High Court has reiterated that there is a plain mandate on the employer under the provisions of Section 7 to the Payment of Gratuity Act, 1972.....
Tags : Gujarat High Court, Section 7, Payment of Gratuity Act, 1972, payment of gratuity
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SC: Can’t Assume that Dowry & Gifts Given During Marriage are Entrusted to Parents-in-Law of Bride(30.08.2024)
SC has reiterated the position that giving dowry and traditional presents at the time of the wedding does not raise a presumption that such articles a.....
Tags : Supreme Court, Dowry Prohibition Act, Traditional Presents, Parents In-Law
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Bom. HC: For Exemption Under Notification u/s 15(1) of Bombay Rent Act, Purchase of Goodwill is Must(10.10.2024)
Bombay High Court has observed that in order to obtain the benefit under notification issued by the State Government under Section 15(1) of the Bombay.....
Tags : Bombay High Court, Bombay Rent Act, Goodwill
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Calcutta High Court: Complaint Under Sec.138 NI Act Not Maintainable Without Presenting Cheque(08.09.2017)
Calcutta High Court has held that without producing the cheque before the drawer bank, complaint under Section 138 of the Negotiable Instruments Act w.....
Tags : Calcutta High Court, Negotiable Instruments Act
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Allahabad HC to UP Govt.: Ensure Strict Compliance with Section 14 of SARFAESI Act(30.05.2022)
Allahabad High Court has directed State of Uttar Pradesh to issue directions to all the concerned authorities in the State to comply with the provisio.....
Tags : Allahabad High Court, Uttar Pradesh, SARFAESI Act
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Rajya Sabha Passes Unlawful Activities (Prevention) Amendment Bill, 2019(02.08.2019)
Rajya Sabha has passed the Unlawful Activities (Prevention) Amendment Bill, 2019. The Bill gives powers to the Central Government to designate an indi.....
Tags : Rajya Sabha, Unlawful Activities (Prevention) Amendment Bill, 2019
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CESTAT, Mumbai: Voluntarily Acceptance of Higher Value Exempts Importer From Confiscation Liability(05.05.2022)
Customs, Excise & Service Tax Appellate Tribunal, Mumbai has reiterated that voluntarily acceptance of a higher value and willing to pay the customs d.....
Tags : Customs, Excise & Service Tax Appellate Tribunal, customs duty, Customs Act, 1962, enhanced rate, redemption fine
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Allahabad High Court: Gangsters Act Not Being Invoked With Due Procedure(29.07.2024)
All. HC while emphasizing on prohibition of harassment & oppression of innocent individuals, has observed that in many cases it is found that competen.....
Tags : Allahabad High Court, Gangsters Act, Competent Authorities
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Karnataka HC Issues Notice to Union and the State Government over constitutional validity of ISWD Act(30.09.2016)
Karnataka HC has issued notice to the Union & State Government on a plea questioning constitutional validity of a provision of Inter-State Water Dispu.....
Tags : Karnataka HC, ISWD Act
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Delhi HC: If Contract Is Extended, It Can’t be Allowed to Reduce Extension Period Retrospectively(09.05.2022)
Delhi High Court has ruled that when the employer has granted an extension of time to the contractor for a specified period, it cannot turn around to .....
Tags : Delhi High Court, extension of time, provisional, contract
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Cal. HC: Engagement on ‘Sensitive Posts’ on Contractual Basis Creates Difficulty(01.08.2024)
Calcutta High Court has held that the posts of ‘Stenographer’, ‘Bench Clerk’ are very sensitive post for functioning of District Judiciary. Engagement.....
Tags : Calcutta High Court, District Judiciary, Contractual Basis, Stenographer
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Application Under Order 2 Rule 2 CPC can’t be Considered by Court U/S 11 Arbitration Act: Delhi HC(16.11.2018)
Delhi High Court has held that courts cannot consider the question of viability of a claim under Order 2 Rule 2 of Code of Civil Procedure, while hear.....
Tags : Delhi High Court, CPC, Arbitration and Conciliation Act, 1996
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Calcutta HC: Reassessment Order Passed Without Issuance of Notice Is Invalid(16.05.2022)
Calcutta High Court has ruled that the reassessment order passed without issuance of notice under Section 148 of the Income Tax Act, 1961 is not valid.....
Tags : Calcutta High Court, Section 148, Income Tax Act, 1961
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Cal. HC: Consolidated Claim from Different Purchase Order Containing Arbitration Clause Not Invalid(18.05.2023)
Calcutta High Court has held that arbitration clauses in different purchase orders that are linked to a single main contract can be treated as a conso.....
Tags : Calcutta High Court, Arbitration, Purchase Orders, Main Contract
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#RERA: 23 States Notify Rules, Six Misses July 31 Deadline(01.08.2017)
The July-31 deadline to register projects under the Real Estate Regulatory Act (RERA) is over, however, six states are yet to notify rules. These incl.....
Tags : Real Estate Regulatory Act
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SC: Assessee to Pay Service Tax on Service Element; Sales Tax on Goods Transferred in Works Contract(05.05.2023)
Supreme Court has held that assessee has to pay service tax on the service element of the works contract and can claim CENVAT Credit only on the said .....
Tags : Supreme Court, Service Tax, Works Contract, Sales Tax
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Madras High Court: Aadhaar Mandatory for Filing IT Returns(09.11.2017)
Madras HC while rejecting the plea for exemption from quoting Aadhaar number while filing income tax returns has held that the provisions of Section 1.....
Tags : Madras HC, Income Tax Act, aadhaar number, Income Tax Returns
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Calcutta HC: Gazetted Officer Who Is Part of Raid Is Not 'Independent Person'(16.05.2022)
Calcutta High Court has held that a Gazetted Officer who is a member of the raiding party cannot be said to be an independent person. The Court furthe.....
Tags : Calcutta High Court, Search, Section 50 of Narcotic Drugs and Psychotropic Substance Act
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J&K&L HC: Allotment Under Evacuees Property Act Doesn’t Confer Title or Interest(16.05.2023)
Jammu and Kashmir and Ladakh High Court while observing that allotment is mere license, which is revocable by concerned authorities, has held that all.....
Tags : Jammu and Kashmir and Ladakh High Court, Evacuees Property Act, Title, Interest
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Del. HC: Can Invoke Offence of Penetrative Sexual Assault Under POCSO Act Against Women(12.08.2024)
Del. HC has held that the word ‘he’ appearing in section 3 of the POCSCO Act, 2012, cannot be given a restrictive meaning that it refers only to a ‘ma.....
Tags : Delhi High Court, Penetrative Sexual Assault, POCSO Act
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SC: Liberty Will Override Embargo U/S 37 of NDPS Act, in Case of Prolonged Incarceration(17.07.2023)
Supreme Court while observing that prolonged incarceration, generally militates against the most precious fundamental right guaranteed under Article 2.....
Tags : Supreme Court, NDPS Act, Liberty, Embargo
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Bom. HC: MSMED Act Does Not Provide Mechanism for Challenging Award Passed Under Section 18(18.10.2024)
Bombay High Court has held that Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) does not provide any mechanism for challenging t.....
Tags : Bombay High Court, MSMED Act, Section 18
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Kerala HC: Waiver of Pre-Deposit u/s 35F for Filing Appeal Destroy Legislative Intent(07.04.2022)
Kerala High Court has observed that waiver of pre-deposit for filing appeal under section 35F of the Central Excise Act, 1944 would destroy the legisl.....
Tags : Kerala High Court, waiver, pre-deposit, section 35F Central Excise Act, 1944, legislative intent
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Orissa HC: Court Can Take Cognizance of Complaint on Notice Pursuant to Re-Presentation of Cheque(11.04.2022)
Orissa High Court has ruled that Court can take cognizance of a complaint for cheque bounce filed under Section 138 of the Negotiable Instruments Act,.....
Tags : Orissa High Court, cognizance, cheque bounce, Section 138 of the Negotiable Instruments Act, 1881, dishonour
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Del. HC: POCSO Act being Misused by Girl’s Family that Objects Her Romantic Relationship With a Boy(14.08.2024)
Delhi High Court while granting bail to an accused in a POCSO case, has observed that POCSO Act, 2012 is being misused by family of girls that object .....
Tags : Delhi High Court, POCSO Act, Romantic Relationship
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ITAT: Non-Issue of Proper Show Cause Notice Can be Fatal to Proceedings Under Income Tax Act(13.06.2022)
Income Tax Appellate Tribunal (ITAT), Ahmedabad bench has held that non-issue of proper show-cause notice can be fatal to the proceedings under the In.....
Tags : ITAT, Income-Tax Act, Show Cause Notice
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Bom. HC: Reasons for Delay Could Not Constitute Information as Defined Under RTI Act(18.10.2024)
Bom. HC has observed that under section 2(f) of RTI Act, 2005 "information" means any material in any form, including records, documents, memos, e-mai.....
Tags : Bombay High Court, RTI Act, Delayed Decision
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Indirect Tax Dispute Resolution Scheme Rules, 2016(31.05.2016)
The Ministry of Finance introduced Rules to give effect to Section 18 of the Finance Act 2016.
The Rules provide declarations and manner of.....
Tags : indirect tax, dispute resolution, finance act, 2016
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HP HC Directs State Not to Take Coercive Action Against Zee News Journalist(07.06.2021)
Himachal Pradesh High Court has directed the State police not to take any coercive action against Zee News Journalist booked for conducting a 'reality.....
Tags : Himachal Pradesh High Court, Coercive Action Against Zee News Journalist
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Rajasthan HC: Respondents Have Right to Legal Representation Before Regulatory Authority/ Tribunal(29.04.2022)
Rajasthan High Court has observed that Section 56 of the Rajasthan Real Estate (Regulation and Development) Act, 2016, inasmuch as it excludes right o.....
Tags : Rajasthan High Court, Section 56 of the Rajasthan Real Estate (Regulation and Development) Act, 2016, Appellate Tribunal, Regulatory Authority, adjudicating officer, ultra vires
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SC: Execution Court Can Entertain Application u/s 28 of Specific Relief Act(05.09.2024)
SC has held that an application under Section 28 of Specific Relief Act, 1963 either for rescission of contract or for extension of time, can be enter.....
Tags : Supreme Court, Execution Court, Rescission of Contract
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Del. HC: Provisions of Guardians and Wards Act Can’t Curtail Right of Appeal Under Family Courts Act(17.10.2024)
Delhi High Court has stated that the provisions of the Guardians and Wards Act, 1890 could not curtail the right of appeal available to an individual .....
Tags : Delhi High Court, Right of Appeal, Family Courts Act
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Delhi HC: S.148 NI Act Will Extend to Appeals Out of Complaint Filed Prior to 2018 Amendment(19.05.2022)
Delhi High Court has observed that the applicability of Section 148 of the Negotiable Instruments Act, 1881 will be extended to appeals arising out of.....
Tags : Section 148 Negotiable Instruments Act 1881, Appeals, 2018 Amendment
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Ker. HC: Sexual Intercourse Which is Not the Outcome of Misconception of Fact is Not Rape(17.07.2024)
Kerala High Court while considering quashment of a criminal proceeding initiated against a man for raping a woman, has observed that if the materials .....
Tags : Kerala High Court, Misconception of Fact, Sexual Relationship
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Gujarat High Court: Past Service of Daily Wagers to Qualify for Pension(05.04.2022)
Gujarat High Court has observed that past services of the daily wagers where they have completed 240 days of continuous service under Section 25B of t.....
Tags : Gujarat High Court, daily-wagers, past services, 240 days of continuous service, Section 25B of the Industrial Disputes Act, 1947, pension
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Gujarat HC: Mandatory To Reveal Reasons for Arrest to Accused u/s 52 of NDPS Act(11.04.2022)
Gujarat High Court has upheld the order of the trial court in acquitting the Respondent accused of offences under Sections 8(C), 20(B), 22 and 29 of t.....
Tags : Gujarat High Court, Narcotic Drugs and Psychotropic Substance Act, 1985
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Delhi HC to BCI: Foreign Nationals Also Entitled To Seek Enrolment(31.05.2023)
Delhi High Court while observing that foreign nationals are not per se barred from being considered for enrolment on a State roll under Section 24 of .....
Tags : Delhi High Court, Foreign Nationals, Bar Council of India, Enrolment, Section 24 of the Advocates Act
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SC to HCs: Set up Panel to Monitor Sex-Test Cases(10.11.2016)
Supreme Court has stepped up efforts to punish sex-determination of fetuses under PNDT Act and said India could ill-afford a socially explosive situat.....
Tags : Supreme Court , sex-determination, PNDT Act
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Kar HC to MEA: Make Diplomatic Interaction to Avoid Any Prejudice to Indian Convicted in Saudi Arabia(28.06.2023)
Karnataka High Court has directed Ministry of External Affairs (MEA) to cause diplomatic level interaction so that the Indian Citizen concerned will n.....
Tags : Karnataka High Court, MEA, Diplomatic Interaction
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Ker HC: Effect of RPwD Act Can’t be Taken Away by Conditions in Prospectus of Educational Institutes(24.09.2024)
Kerala High Court has stated that the effect of the RPwD Act, 2016 cannot be taken away by certain conditions imposed in the prospectus of educational.....
Tags : Kerala High Court, Educational Institutes, RPwD Act
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MP HC: Transferring Accused Merely Because ICC Proceedings are Pending is Unjustified(05.09.2024)
Madhya Pradesh High Court while quashing transfer order against accused under POSH Act, has observed that transferring an accused merely on account of.....
Tags : MP High Court, ICC Proceedings, POSH Act
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ITAT: Prima Facie Belief That There is Escape of Income is Sufficient Proof to Re-Open Assessment(23.06.2022)
Income Tax Appellate Tribunal (ITAT), Pune Bench has held that prima facie belief that there is the escape of income is sufficient proof to initiate r.....
Tags : ITAT, Income Tax Act, 1961, Reassessment
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IT Rules Amendment 2023: Bombay High Court Strikes Down Amendment on Fact Check Units(20.09.2024)
Bom. HC has struck down IT Rules Amendment 2023 that authorized the Central Government to establish Fact Check Units for identification of false or fa.....
Tags : Bombay High Court, IT Rules, Fact Check Units
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ITAT: Rent From Hoardings Received by Co-operative Housing Society Taxable as ‘House Property Income’(04.10.2017)
In an important ruling, Ahmadabad bench of ITAT has held that the rent received by a Co-operative housing society by letting out space for hoardings a.....
Tags : ITAT, Income from House Property, Income Tax Act, 1961
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SC: State Must Abide by Article 14, Irrespective of Being in the Contractual Realm(07.07.2023)
Supreme Court has held that despite the fact that the issue falls into the contractual realm, the State has an obligation to comply with the requireme.....
Tags : Supreme Court, Contractual Realm, Article 14
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CIC: Staff Entitled To Know About Financial Status of Company(25.04.2019)
Central Information Commission (CIC) has held that employee is entitled to know under Right To Information Act 2005 about the financial status of the .....
Tags : Central Information Commission, Right To Information Act 2005
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Delhi HC Seeks Records From NCB, Customs & DRI in NDPS Cases(28.04.2022)
Delhi High Court has directed the Directorate of Revenue Intelligence, the Narcotics Control Bureau and the Customs Department to put on record a stat.....
Tags : Delhi High Court, Directorate of Revenue Intelligence, Narcotics Control Bureau, Customs Department, Narcotics Drugs and Psychotropic Substances Act, 1985, Customs Act, 1962
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US Supreme Court Rules Against Affirmative Actions in College Admission Process(30.06.2023)
United States Supreme Court has struck down affirmative action policies in student admissions programs at Harvard University and the University of Nor.....
Tags : United States Supreme Court, Affirmative Actions, Admission
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Bom. HC: Division Bench Declares Amendment to IT Rules, 2021 as Unconstitutional(27.09.2024)
Division Bench of Bombay High Court while allowing the appeals against amendments to IT Rules, 2021, has struck down the amendment that allowed Centra.....
Tags : Bombay High Court, IT Rules Amendment, Fact Check Units
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CIVIL - Participation of Public Temple Rituals is Important to Determine Private/Public Character of Temple:(28.02.2019)
Supreme Court has observed that the participation of the members of the public in the Darshan in the temple and in the daily acts of worship or in the.....
Tags : Supreme Court, Private/Public Character of Temple
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CCI issues cease and desist order against Kraft Paper Manufacturers and their four associations for indulging in anti-competitive practices(12.10.2022)
The Competition Commission of India (CCI) issued a final order today against four regional associations of Kraft Paper manufacturers, including their .....
Tags : Order, Issuance, Anti-competitive practices
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Supreme Court Agrees to Hear All Pleas Concerning Jallikattu on January 31(27.01.2017)
Supreme Court has said that all applications challenging Tamil Nadu's amendment of Prevention of Cruelty to Animals Act of 1960, allowing the conduct .....
Tags : Supreme Court, Jallikattu, Prevention of Cruelty to Animals Act
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RBI issues guidelines for Fair Lending Practice(18.08.2023)
Reserve Bank of India (RBI) has issued various guidelines to the Regulated Entities (REs) to ensure reasonableness and transparency in disclosure of p.....
Tags : Guidelines, Loans, Practices
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Vehicle Manufacturers/Dealers Liable to Pay Tax U/S 6 of Bihar Motor Vehicles Taxation Act: SC(20.12.2018)
Supreme Court has held that the manufacturers and dealers of vehicles are liable to pay additional tax under Section 6 of the Bihar Motor Vehicles Tax.....
Tags : Supreme Court, Bihar Motor Vehicles Taxation Act
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An Independent Contractor does not come under the ambit of an Employee(20.11.2023)
Present appeal was filed by applicants seeking employee compensation under Section 30 of Employee Compensation Act, 1923 after the claim for compensat.....
Tags : Independent Contractor, Employee, Employee's Compensation Act, 1923
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SC: 'Ten Times Penalty' Prescribed for Deficit Stamp Duty Cannot be Mechanically Imposed(18.09.2020)
Supreme Court has observed that the penalty of ten times prescribed under Section 40(1) (b) of the Indian Stamp Act, 1899 cannot be mechanically impos.....
Tags : Supreme Court, Penalty under Indian Stamp Act, 1899
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SC Rejects Plea Challenging Section 62(5) Representation of the People Act, 1951(05.05.2023)
Supreme Court has refused to entertain plea challenging Section 62(5) of Representation of the People Act, 1951 that denies prisoner right to vote and.....
Tags : Supreme Court, Representation of the People Act, Right to Vote
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Allahabad High Court Rules that Non-Speculative Business Loss Can be Set off Against Business Income(09.11.2017)
Allahabad HC has ruled that non-speculative business loss can be set off against business income of the assessee under the provisions of the Income Ta.....
Tags : Allahabad HC, Income Tax Act, 1961
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Calcutta HC: Gazetted Officer Who Is Part Of Raid Is Not 'Independent Person'(16.05.2022)
Calcutta High Court has held that a Gazetted Officer who is a member of the raiding party cannot be said to be an independent person. The Court furthe.....
Tags : Calcutta High Court, Search, Section 50 of Narcotic Drugs and Psychotropic Substance Act
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P&H HC: 7 Days Period to File Reply of Notice Served Through E-Filing Portal is ‘Unreasonably Short’(23.05.2022)
Punjab & Haryana High Court has held that the period of 7 days, granted to file the reply of the Notice issued under Section 148A of the Income Tax Ac.....
Tags : Punjab and Haryana High Court, Section 148-A, Income-Tax Act, Natural Justice
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Delhi High Court Grants Relief to Miners over Social Impact Funds(23.12.2015)
Delhi HC has directed Government not to force miners to pay retrospectively for a social impact fund under the amended Mines and Minerals (Development.....
Tags : Delhi HC, Mines and Minerals (Development and Regulation) Act
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AP HC Directs Filing of Counter Affidavit in Plea Challenging Section 12 of APSDC Act 2020(22.10.2021)
Andhra Pradesh High Court has directed the Union of India to file a counter affidavit by November 15 regarding the petitions that challenged Section 1.....
Tags : Andhra Pradesh High Court, Challenging Section 12 of APSDC Act 2020
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SC Issues Notice to Centre on PIL Challenging Prevention of Corruption Act Amendments(27.11.2018)
Supreme Court has issued notice on a petition filed by the Centre for Public Interest Litigation (CPIL), challenging two amendments to the Prevention .....
Tags : Supreme Court, Prevention of Corruption Act
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ITAT: Forex Transaction to Hedge Foreign Currency Risk is Not Speculative(10.08.2022)
Income Tax Appellate Tribunal (ITAT), Chandigarh Bench while allowing deduction, has held that the Forex transaction to hedge foreign currency risk is.....
Tags : ITAT, Forex Transaction, Hedge Foreign Currency
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Punjab & Haryana HC: NDPS Bail Conditions Are Discriminatory, Irrational(27.08.2018)
Punjab & Haryana High Court has held that bail conditions enumerated under second part of Section 37 (1)(b)(ii) OF NDPS Act which requires a satisfact.....
Tags : Punjab & Haryana High Court, NDPS Act
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Cal. HC: Argument of Implied Repeal of Section 272/273 IPC via FSS Act is Not Justified(03.08.2023)
Calcutta High Court has held that though a separate, specific, distinct procedure has been laid down in FSS Act 2006 to initiate/launch a proceeding a.....
Tags : Calcutta High Court, FSS Act, Food Laws, Police
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Gujarat HC Holds Pleas Challenging Prohibition on Manufacture of Liquor as Maintainable(24.08.2021)
Gujarat High Court has observed that the law prohibiting the use and consumption of intoxicating liquor has never been put to judicial scrutiny before.....
Tags : Gujarat High Court, Prohibition on Manufacture of Liquor
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Del. HC: Legislative Intent of 2018 Amendment of SRA was Towards Stronger Enforcement of Contracts(06.09.2023)
Delhi High Court while observing that intent behind 2018 Amendment of Specific Relief Act was to introduce more certainty in enforcement of contracts,.....
Tags : Delhi High Court, Specific Relief, Enforcement of Contract
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HP HC: Contractual Workers Also Entitled to Benefits Under Maternity Benefits Act(20.07.2020)
Himachal Pradesh High Court has held that the benefit of maternity leaves is available to contractual employees also, with all consequential benefits,.....
Tags : Himachal Pradesh High Court, Maternity Benefit, Contractual Employees
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SC Upholds the Practice of Designating Senior Advocates(16.10.2023)
Supreme Court has dismissed a plea challenging the Senior Designation System, and while affirming the constitutional validity of Sections 16 and 23 of.....
Tags : Supreme Court, Senior Advocates, Advocates Act
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SC: Rebuttal of Presumption u/s 139 NI Act Can Only be Done After Adducing Evidence(24.02.2020)
Supreme Court has observed that the rebuttal of presumption available under Section 139 of the Negotiable Instruments Act, 1881 can only be done after.....
Tags : Supreme Court, Rebuttal of Presumption u/s 139 NI Act
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Mad. HC: To Bring an Act as Preparatory Terrorist Act, it Must be Proximate to Intended Result(26.10.2023)
Madras High Court while grating bail to eight members of PFI accused under UAPA for conspiring to commit terrorist act, has held that in order to brin.....
Tags : Madras High Court, UAPA, Preparatory Act
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AAR: Activity Concerning Any Function Entrusted to Panchayat or Municipality, Exempted from GST(22.01.2020)
Authority for Advance Ruling, Goa has held that the activities in relation to any function entrusted to a Panchayat or Municipality are exempted from .....
Tags : Authority for Advance Ruling, Activity of Panchayats or Municipality
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Orissa HC to State: Draw Up 'Comprehensive Action Plan' to Address Issue of Maternal Deaths(04.11.2022)
Orissa High Court while awarding Rs. 10 Lakh compensation to family over woman’s maternal death has directed the State to constitute an Advisory Board.....
Tags : Orissa High Court, Maternal Death, Action Plan
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Delhi HC Interprets Amended Provisions of Arbitration Act(09.01.2017)
Delhi High Court has said that changes made in 2015 to Arbitration Act, under which there is no automatic stay on an award being challenged, would not.....
Tags : Delhi High Court , Arbitration Act, amendment
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Delhi HC: Practice of Handwritten Clauses In Mediation Settlement Needs To Be Discontinued(10.11.2021)
Delhi High Court has observed that the practice of handwritten clauses in mediation settlements needs to be discontinued forthwith, unless it is count.....
Tags : Delhi High Court, Practice of Handwritten Clauses In Mediation Settlement
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Supreme Court: Statutory Prescribed Limitation Period for Filing Appeal Cannot be Extended(08.02.2018)
Supreme Court has held that the limitation period for filing an appeal under provisions of the Companies Act, 2013 cannot be extended beyond what is p.....
Tags : Supreme Court, Companies Act
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SC to Centre and States: Fill Vacancies in Information Commissions(31.10.2023)
Supreme Court while directing Central and State Governments to fill the vacancies in the Information Commissions, has observed that failure to do so d.....
Tags : Supreme Court, Information Commissions, RTI Act
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Madras HC Grants Bail Murder Accused in Cashew Factory Worker's Death Case(22.11.2021)
Madras High Court has granted bail to murder accused T.R.V. S Ramesh, DMK MP from Cuddalore, upon satisfaction that a substantial portion of the polic.....
Tags : Madras High Court, Cashew Factory Worker's Death Case
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Supreme Court Issues Summons on Kerala's Suit Against Citizenship Amendment Act, 2019(05.02.2020)
Supreme Court Registry has issued summons to the Union of India on the suit filed by the State of Kerala challenging the Citizenship Amendment Act, 20.....
Tags : Supreme Court, Citizenship Amendment Act
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Karnataka HC: Mere Reason to Believe Cannot Be Ground of Assessment Under Section 147 of IT Act(16.02.2024)
Karnataka High Court held that Assessing Officer has to be satisfied that that there is escapement of income and unlike earlier the mere reason to bel.....
Tags : Karnataka High Court, Assessing Officer, S. 147 of IT Act
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Supreme Court Refers Plea Challenging Aadhaar Act to Constitution Bench(10.05.2017)
Supreme Court has sent a fresh plea challenging Aadhaar Act and mandatory use of Unique Identification Number in at least 17 government schemes to a l.....
Tags : Supreme Court, Aadhaar Act
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Kerala HC: State Government Well Equipped to Decide Legality of Panchayat Decisions(06.12.2022)
Kerala High Court has held that Section 191 of Kerala Panchayat Raj Act, 1994 is an efficacious, alternate statutory remedy against any decisions take.....
Tags : Kerala High Court, Panchayat Raj Act, Legality
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SC Directs to Implement Comprehensive Wildlife Management Plan Before Permitting Mining Activity(03.03.2022)
Supreme Court has directed the State of Odisha to implement the Comprehensive Wildlife Management Plan before permitting any mining activity in the ec.....
Tags : Supreme Court, Mining Activity
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CBDT: Property Advance Above Rs. 20,000 Must be Disclosed in Audit Report(05.07.2017)
Central Board of Direct Taxes (CBDT) has notified that property advance of Rs. 20,000 should be disclosed in audit report u/s 44AB of Income Tax Act.
Tags : Central Board of Direct Taxes, Income Tax Act
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Chh. HC: Can’t Build Matrimonial Home With Bricks & Stones, Love & Respect Between Spouses Required(27.04.2024)
Chhattisgarh High Court while dismissing the wife’s plea of divorce under Sections 13(1)(i-a) and 13(1)(i-b) of the Hindu Marriage Act, 1955, has obse.....
Tags : Chhattisgarh High Court, Section 13 of HM Act, Matrimonial Home
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Bombay High Court: Peaceful Citizenship Amendment Act Opposers Not Traitors, Anti- Nationals(17.02.2020)
Bombay High Court has said in an order challenging the denial of police permission to an agitation against the Citizenship Amendment Act, 2019 that th.....
Tags : Bombay High Court, Citizenship Amendment Act
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Delhi HC: Mixing Of Contraband From Two Different Cartons Before Forensic Analysis Is Contrary of Law(28.01.2022)
Delhi High Court has observed that where the quantity of contraband recovered in a case is large and it is not practicable to send the entire quantity.....
Tags : Delhi High Court, NDPS Act, Forensic Report
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Mad. HC: No Appeal Shall Lie Against Interim Maintenance Passed Under Section 24 of HM Act(22.03.2024)
Madras High Court has held that an order of interim maintenance passed under Section 24 of the Hindu Marriage Act, 1955 (HM Act) is only an interlocut.....
Tags : Madras High Court, Interim Maintenance, Section 24 of HM Act
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Rescue under the provision is for bona fide litigious activity(25.07.2016)
In instant case, Appellant was aggrieved by order of Additional District Judge allowing Respondent’s application under Section 14 of Limitation Act, .....
Tags : Delay, Condonation, bona fide litigious activity
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Delhi HC Directs ESIC to Constitute Committee to Frame Policy for Welfare of Contractual Workers(08.02.2022)
Delhi High Court has directed the Employees' State Insurance Corporation (ESIC) to constitute a committee which will frame a policy for the welfare of.....
Tags : Delhi High Court, Policy for Welfare of Contractual Workers
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All. HC: Arbitrator to Decide Whether Claims Prior to Work Order are Covered by Arb. Clause or Not(15.04.2024)
Allahabad High Court has held that it is upon the arbitrator to decide whether claims between the parties prior to the work order in question can be c.....
Tags : Allahabad High Court, Section 11 A&C Act, Arbitration Clause
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SC: Cannot Make Advocates Liable for Deficiency of Service Under Consumer Protection Act, 1986(14.05.2024)
SC has held that advocates cannot be made liable for deficiency of service under the Consumer Protection Act, 1986 as re-enacted in 2019 and observed .....
Tags : Supreme Court, Deficiency of Service, Consumer Protection Act, 1986
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Central Information Commission: Officers However High Not Above RTI Act(18.07.2017)
Central Information Commission has treated Chief Vigilance Officer of Employees State Insurance Company (ESIC) as its deemed PIO, and issued him a sho.....
Tags : Central Information Commission, RTI Act
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SC: Judgment Allowing Circumstantial Evidence Doesn’t Dilute Need of Proof Beyond Reasonable Doubt(21.03.2023)
Supreme Court has observed that the Constitution Bench judgment that direct evidence of demand or acceptance of bribe is not necessary for a convictio.....
Tags : Supreme Court, Prevention of Corruption Act, Circumstantial Evidence, Reasonable Doubt
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Divisional Railway Manager a 'factory'(03.08.2015)
The Supreme Court held that a canteen at the Divisional Railway Manager, Moradabad was a 'statutory canteen'. With all requirements of a factory save .....
Tags : railway, factory, labour
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Allahabad HC: Matrimonial Case Cannot Be Transferred On Ground of Distance/ Financial Stress(30.03.2022)
Allahabad High Court has held that once an application under Section 24 of the Hindu Marriage Act, 1955 has been allowed and uninterrupted litigation .....
Tags : Allahabad High Court, Matrimonial Case, Matrimonial Dispute, Transfer Application, Section 24 of the Hindu Marriage Act, 1955
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NCDRC: One-Sided Clauses in an Agreement Constitutes Unfair Trade Practice(31.03.2023)
National Consumer Disputes Redressal Commission while adjudicating a consumer complaint against flat developers has held that incorporation of one-sid.....
Tags : NCDRC, Flat Developers, Unfair Trade Practice
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A commercial activity is a commercial activity regardless of whether it is carried out for private profit or to achieve charitable goals(08.09.2017)
Present appeal concerns the desire of the second Respondent (Children’s Health Camps the New Zealand Foundation for Child and Family Health and Develo.....
Tags : Land, Usage, Activity, Commercial
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ITAT, Mumbai: Corpus Donations Received by Trust Not Taxable, Even If Trust Is unregistered(18.04.2022)
Income Tax Appellate Tribunal, Mumbai has held that the corpus donations received by a Trust for a specific purpose are not taxable, even if the Trust.....
Tags : Income Tax Appellate Tribunal, Section 12 A of the Income Tax Act, 1961, capital receipt
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Delhi HC: Restraint Order Against Husband Under DV Act from Making Arrangement for Child Visitation(21.04.2022)
Delhi High Court has ruled that the domain and extent of Protection of Women from Domestic Violence Act, 2005 and Family Courts Act, 1984, being two c.....
Tags : Delhi High Court, Protection of Women from Domestic Violence Act, 2005, Family Courts Act, 1984
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Bombay High Court: Federation of Labour Law Practitioners Can’t Be Registered as a Trade Union(05.09.2017)
Bombay High Court has held that Federation of Labour Law Practitioners cannot be registered as a trade union under the Trade Unions Act, 1926.
Tags : Bombay High Court, Trade Unions Act
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J&K&L HC Grants Bail to Accused Charged Under UAPA(26.05.2022)
Jammu and Kashmir and Ladakh High Court has granted bail to a man booked under Unlawful Activities (Prevention) Act, 1967, merely because he was seen .....
Tags : Jammu & Kashmir & Ladakh High Court, Bail, Unlawful Activities (Prevention) Act, 1967
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Delhi High Court Explains Presence of Magistrate/GO Necessary for Search Under NDPS Act(31.07.2019)
Delhi High Court has explained the settled position of law that search of an accused under Section 50 of the Narcotic Drugs and Psychotropic Substance.....
Tags : Delhi High Court, NDPS Act
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Supreme Court Uphold Over 90,000 Re-Assessment Notices Deeming them as Sec 148A Notices(05.05.2022)
Supreme Court upheld the reassessment notices under Section 148 of the unamended Income Tax Act which were issued beyond 01.04.2021 (the effective dat.....
Tags : Reassessment Notices, Income Tax Act, Section 148A, Supreme Court
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Meg. HC: Party Breaching Contract is Liable to Pay Compensation for Only ‘Actual Loss’(23.06.2023)
Meghalaya High Court has held that notwithstanding any agreement between parties, the party in breach of contract is liable to compensate the other pa.....
Tags : Meghalaya High Court, Breach of Contract, Actual Loss, Compensate
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Madras HC Rejects PIL for Effective Implementation of Manual Workers Act(28.09.2016)
Madras HC has dismissed a public interest litigation petition filed jointly by seven different associations for labourers seeking effective implementa.....
Tags : Madras HC, Manual Workers Act
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Gujarat HC Directs SIC to Take Action Against Officer Under RTI(15.09.2020)
Gujarat High Court has directed the State Information Commissioner to initiate proceedings under Section 20 of the Right to Information Act, 2005 agai.....
Tags : Gujarat High Court, Action Against Officer
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SC: No Priority For Workers' Dues After Liquidation of Company Under IBC(03.05.2023)
Supreme Court while holding that workers' dues will not get preferential payment in the event a company undergoes liquidation as per the provisions of.....
Tags : Supreme Court, IBC, Companies Act, 2013
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Delhi HC: Assessment Can’t be Re-Opened Merely by Re-Appreciating the Existing Circumstances(08.11.2017)
Delhi High Court while quashing demand against Airtel has observed that re-assessment under Section 147/148 of the Income Tax Act, 1961 cannot be made.....
Tags : Delhi High Court, Income Tax Act, 1961, Airtel
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ITAT: Non-Cooperation With Dept Cannot be Sole Ground for Addition U/S 69A(13.05.2022)
Income Tax Appellate Tribunal, Ahmedabad has ruled that mere non-cooperation with the department cannot be the sole ground to make an addition under S.....
Tags : Income Tax Appellate Tribunal, Section 69A, Income Tax Act, 1961
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Rajasthan HC: Manufacturer Entitled to Receive One Sample of Seized Goods U/S 23(4) of D&C Act(23.05.2022)
Rajasthan High Court has held that as Section 18A of Drugs and Cosmetics Act, 1940 requires disclosure of the name of the manufacturer alongwith the s.....
Tags : Rajasthan High Court, Manufacturer, Drugs and Cosmetics Act
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SC Stays Provisions Prescribing Minimum Educational Qualifications for Haryana Panchayat Polls(18.09.2015)
SC has stayed Haryana Panchayati Raj (Amendment) Act, 2015 provisions prescribing minimum educational qualifications for panchayat polls contestants, .....
Tags : SC,Haryana Panchayati Raj (Amendt.) Act, 2015
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ITAT, Mumbai: Provisions of Black Money Act Cannot be Invoked for Minor Breach of Law(06.04.2022)
Income Tax Appellate Tribunal (ITAT), Mumbai has observed that the provisions of the Black Money (Undisclosed Foreign Income and Assets) and Impositio.....
Tags : Income Tax Appellate Tribunal, Black Money Act
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Allahabad HC: Weapon's Discovery on Disclosure Statement of Accused Not Enough to Prove Guilt(11.04.2022)
Allahabad High Court has held the discovery of the material object/crime weapon at the disclosure of the accused is important under Section 27 of the .....
Tags : Allahabad High Court, Section 27 of the Indian Evidence Act, 1872, discovery, weapon
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Bombay HC: Constitutional Validity of Regulation Setting Out Qualification to Obtain CoP, Upheld(09.08.2024)
Bom. HC has upheld constitutional validity of Regulation 10 of Institute of Actuaries of India Regulations, 2017 that sets out the qualification requi.....
Tags : Bombay High Court, Constitutional Validity, Certificate of Practice
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Gujarat High Court: SC/ST Act Meant to Confer Dignity,Will not Change with Migration to Another State(19.09.2019)
Gujarat High Court has ruled that a crime against a person belonging to SC/ST community in other State and not in Gujarat invite provisions of the Sch.....
Tags : Gujarat High Court, SC/ST Act
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Bombay HC: Age of Consent Must be Distinguished from Age of Marriage(14.07.2023)
Bombay High Court has held that age of consent necessarily has to be distinguished from the age of marriage as sexual acts do not happen only in the c.....
Tags : Bombay High Court, Consent, Marriage, Sexual Acts
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To constitute civil contempt, it must be established that disobedience is wilful, deliberate and with full knowledge of consequences(19.05.2020)
The grievance in present petitions is about non¬-compliance of direction given to the Respondent¬-Food Corporation of India to regularise and departme.....
Tags : Contempt action, Initiation, Grounds
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Telangana HC: Railway Not Liable to Compensate if Passenger Dies Due to Own Negligence(28.04.2022)
Telangana High Court has ruled that Railway is not liable to compensate under Section 124A of the Railways Act, 1989 if the passenger died due to own .....
Tags : Telangana High Court, Railways Act, 1989, railway tracks, Section 124A
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Cal. HC: Application u/s 34 of A&C Act Falls Under Entry No. 2(c) of Schedule II of Court Fees Act(29.08.2024)
Cal. HC has held that principal application u/s 34 of Arbitration and Conciliation Act, 1996 falls under Entry No. 2(c) of Schedule II of the Court Fe.....
Tags : Calcutta High Court, S. 34 of A&C Act, Higher Fees, Principal Applications
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Ori. HC: Fact-Finding Inquiry Makes it Permissible to Not Give Opportunity of Hearing to Employee(08.10.2024)
Ori. HC while differentiating between fact finding inquiry & disciplinary inquiry, has held that the very nature of fact-finding inquiry makes it perm.....
Tags : Orissa High Court, Fact-Finding Inquiry, Opportunity of Hearing
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Bombay HC: Women Entitled to End Pregnancy Regardless of Reason(21.09.2016)
Bombay HC has held that scope of Medical Termination of Pregnancy Act should extend to "mental health" of a woman and she should be "allowed to opt ou.....
Tags : Bombay HC , Medical Termination of Pregnancy Act
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ITAT, Kolkata: Limitation for Revisionary Jurisdiction Runs from Assessment Date Order(06.04.2022)
Income Tax Appellate Tribunal, Kolkata has observed that the limitation period for exercising revisionary jurisdiction runs from the date of assessmen.....
Tags : Income Tax Appellate Tribunal, Kolkata, limitation period, revisionary jurisdiction, assessment order, Section 263 of Income Tax Act, 1961
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Bombay HC: Petitions on Ground of Exceptional Circumstances by Arbitral Tribunal Not Maintainable(11.04.2022)
Bombay High Court has held that remedy under Section 16 of the Arbitration and Conciliation Act, 1996 lies elsewhere and the petitioners cannot file W.....
Tags : Bombay High Court, Arbitration and Conciliation Act, 1996, Article 226, Article 227, Constitution of India, exceptional circumstances
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Del HC: While Passing Reassessment Order, Dept. Can’t Take Fresh Grounds Not Disclosed to Taxpayer(12.08.2024)
Delhi High Court while quashing reopening proceedings initiated u/s 148A of Income Tax Act, 1961, has observed that while passing order u/s 148A(d) of.....
Tags : Delhi High Court, Revenue Department, S. 148A of IT Act
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Karnataka HC Issues Notice to State Govt on Plea Challenging Amendment to Land Reforms Act(28.09.2020)
Karnataka High Court has issued notice to the State Government on a Petition challenging the constitutional validity of the Karnataka Land Reforms Act.....
Tags : Karnataka High Court, Land Reforms Act
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Delhi HC: Patents Act will override the Competition Act(14.07.2023)
Delhi High Court has held that Patents Act, 1970 must prevail over the Competition Act, 2022 on the issue of exercise of rights by a patentee under th.....
Tags : Delhi High Court, Competition Act, Patent Act
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