21 October 2019


Search Results for Tag : Applicability

Judgments

Mere presence in an unlawful assembly cannot render a person liable unless there was a common object(20.10.2016)

By present revision petition, Petitioner seeks setting aside of order passed by Additional Sessions Judge discharging Respondents from offence punisha.....

Tags : Offence, Provision, Applicability

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Regulation of private practice by govt. doctors is subject matter of separate Rules, circular issued under J&K Govt. Employees (Conduct) Rules 1971 not applicable to govt. doctors(21.10.2016)

A Writ Petition was instituted in public interest before High Court of Jammu and Kashmir by Respondents seeking to challenge a Circular dated 11 Augus.....

Tags : Circular, Applicability, Government doctors

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Prosecution under Section 182 of IPC void without following procedure prescribed under Section 195 of Cr. PC(10.01.2017)

Instant appeals arise out of criminal proceedings pending in Court of Additional Session Judge, Delhi in relation to offences registered under Section.....

Tags : Conviction, Procedure, Applicability

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Doctrine of ex debito justitiae prevail over procedural law only where order of this Court passed without notice or where order has effect of eroding public confidence in justice delivery system(30.08.2016)

In instant writ petition, Petitioner assailed conviction order passed under Section 3 of Terrorist and Disruptive Activities (Prevention) Act, 1987 (".....

Tags : Ex debito justitiae, Doctrine, Applicability

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Murder charge cannot be brought home unless there is some evidence to show that, robbery and murder occurred at same time(20.01.2017)

Accused-Appellant had been convicted by trial Court for offence punishable under Section 302 read with Section 34 of Indian Penal Code, 1860. He has a.....

Tags : Conviction, Provision, Applicability

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Pure question of law can be urged at any point of time before any forum provided it does not require any further adjudication of any disputed fact(18.05.2018)

The Petitioners have primarily challenged the Notification, dated January 8, 2011, issued by the Ministry of Labour and Employment applying the Employ.....

Tags : Publication, Notification, Applicability

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In the case of any taxing statute, the same is required to be interpreted literally(20.06.2018)

In facts of present case, the Appellant is engaged in the manufacture of sponge iron, billets, rolled items and other goods falling under Chapters 72,.....

Tags : Demand, Rule, Applicability

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Right of private defence does not extend to inflict more harm than it is necessary in exercise of right of private defence(01.04.2019)

The challenge in the present appeals is to a judgment maintaining conviction of the Appellant for an offence under Section 302 of Indian Penal Code, 1.....

Tags : Conviction, Private defence, Applicability

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Departmental proceedings shall be deemed to be instituted on date on which statement of charges is issued to Government servant or pensioner(03.05.2019)

The Petitioner assails the order passed by the Central Administrative Tribunal. The Petitioner had assailed the initiation of departmental proceedings.....

Tags : Departmental proceedings, Time limit, Applicability

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Exception 4 to Section 300 of IPC applies when the act was committed without premeditation, in a sudden fight without the offender having taken undue advantage or acted in a cruel or unusual manner.(20.09.2017)

In instant appeal, an exception is taken to the judgment and order of Additional Sessions Judge, whereby Appellant is convicted for the offence under .....

Tags : Conviction, Exception, Applicability

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Section 195(1)(b)(ii) of CrPC would be attracted only when offences enumerated therein committed with respect to document after it has been produced or given in evidence in a proceeding in any Court(03.11.2017)

Present appeal has been filed against judgment of High Court dismissing Petition which was filed by the Appellant questioning the judgment of Addition.....

Tags : Cognizance, Provision, Applicability

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Notifications & Circulars

Applicability of provisions of Para 2.20 of HBP, 2015-20 on Advance Authorisations issued under 2009-2014, FTP(25.04.2018)

1. This office has received a request for clarification regarding the date of applicability of provisions of para 2.20(d) of HBP 2015-20 on the Advanc.....

Tags : Provisions, Applicability, Advance Authorisations

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Clarification regarding applicability of Notification No. 45/2017-Customs dated 30.06.2017 on goods which were exported earlier for exhibition purpose/consignment basis(24.07.2019)

1. Representations have been received for clarifying the issue of applicability of Notification no. 45/2017-Customs on the re-import of goods which ha.....

Tags : Clarification, Applicability, Notification

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Central Government hereby declare that the provisions of sub-clause (i) of clause (c) of sub-section (1) of Section 10 of Banking Regulation Act, 1949 shall not apply to Kotak Mahindra Bank Limited(01.10.2019)

In exercise of the powers conferred by sub-section (1) of section 53 of the Banking Regulation Act, 1949, the Central Government, on the recommendatio.....

Tags : Provisions, Non applicability, Kotak Mahindra Bank

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TRAI releases Recommendations on "Applicability of e-KYC process for existing mobile subscribers as well as outstation customers"(23.01.2017)

The Telecom Regulatory Authority of India (TRAI) has issued its Recommendations on (i) "Verification of existing mobile subscribers through Aadhaar ba.....

Tags : Recommendations, Applicability, E-KYC process

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Applicability of Section 269ST of Income Tax Act, 1961(05.04.2017)

In exercise of the powers conferred by clause (iii) of the proviso to section 269ST of the Income-tax Act, 1961 (43 of 1961), the Central Government h.....

Tags : Notification, Section, Applicability

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No GST is applicable on free food supplied in anna kshetras run by religious institutions(11.07.2017)

There are media reports suggesting that GST applies on free food supplied in anna kshetras run by religious institutions. This is completely untrue. N.....

Tags : Free food, Religious institutions, Non-applicability, GST

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Applicability of TDS provisions of Section 194-I of the Income-tax Act, 1961 on lump sum lease premium paid for acquisition of long term lease(13.10.2016)

Section 194-I of the Income-tax Act, 1961 (the Act) requires that tax be deducted at source at the prescribed rates from payment of any income by way .....

Tags : TDS, Applicability, Lease premium

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Amendment in notification No.25/2012-Service Tax, dated the 20th June, 2012(12.01.2017)

In exercise of the powers conferred by sub-section (1) of section 93 of the Finance Act, 1994 (32 of 1994), the Central Government being satisfied tha.....

Tags : Notification, Amendment, Exemption, Applicability

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International Cases

Fraudulent claims rule does not defeat a claim wholly good in law, even if a lie is told in support of it(20.07.2016)

Duty of utmost good faith applied not only in making of contract but in course of its performance. In facts of present case, insurance claim was relat.....

Tags : Fraudulent claims rule, Applicability, Insurer’s Liability

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Difference of treatment is inherent in change in law, if it were to be objectionable discrimination, it would be impossible to change law(14.12.2016)

Appellant sentenced in the Crown Court for offences of serious violence. At the time, when Appellant was sentenced, the statutory scheme for sentencin.....

Tags : Sentence, Validity, Change in law, Applicability

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It is unlawful to discriminate against part-time workers, when a retirement pension falls due for payment(12.07.2017)

Appellant is a retired self-employed barrister, who also held part-time judicial office as a recorder (a part-time judge of Crown Court) between 1 Mar.....

Tags : Pension, Entitlement, Directives, Applicability

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Rate relief is allowed where a dwelling's rateable value is increased by facility required for meeting needs of a person who resides in hereditament and has a disability(09.09.2019)

Mrs Quinn who is a person with a disability for the purposes of Article 31A of the Rates (Northern Ireland) Order 1977 ("the 1977 Order") applied purs.....

Tags : Rate relief, Article, Applicability

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Homes built for sale to be treated the same way as homes built for lease(21.06.2019)

The Respondent, Xantha Properties 18 (Pty) Ltd, carries on business in the building construction industry. It embarked upon the construction of a prop.....

Tags : Provision, Applicability, Enrolment fee

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A mere link between a claim which engages Article 24(2) of Recast Regulation and one which does not is not sufficient to bring latter within scope of that provision(29.07.2019)

Present appeal is concerned with the interpretation of Article 24(2) of the Brussels I Recast Regulation (Parliament and Council Regulation (EU) of 12.....

Tags : Jurisdiction, Regulation, Applicability

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Top Story

Amendment to Section 148 of Negotiable Instruments Act applies retrospectively(29.05.2019)

In a recent decision, the Supreme Court, while hearing a case namely Surinder Singh Deswal @ S.S. Deswal & Ors. v. Virender Gandhi held that, Section .....

Tags : Enactment, Amendment, Applicability

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