14 September 2020


Search Results for Tag : Application

Judgments

No retrospective relief for Hindu women in succession(16.10.2015)

In a case where a daughter contested having only a share in the self-acquired property of her father, but not in the entire property, the Supreme Cour.....

Tags : Hindu succession, retrospective, application

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Telangana and AP High Court upholds amendments to mining law(11.09.2015)

The Telangana and Andhra Pradesh High Court rejected petitions that the Mines and Minerals (Development and Regulation) Amendment Act, 2015 was unreas.....

Tags : Mining, application, eligibility, constitutionality

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CIC chastises Delhi CMO for acting like ‘post office’(25.01.2016)

In a case of be careful what you wish for, a senior citizen received detailed responses to his application under the Right to Information Act, 2005, o.....

Tags : Rti, application, transfer, pension

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Juristic person’ has no right to seek information under RTI(13.06.2016)

Companies seeking information under the Right to Information Act, 2005 cannot raise an RTI request under their own name, the Central Information Commi.....

Tags : rti, corporation, citizen, application, legal entity

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Dispute cannot be decided by arbitrator, when Trust Act provides for sufficient remedies to aggrieved persons by giving them right to approach Civil Court(17.08.2016)

In facts of the present case, since parties could not settle disputes/differences and nor could they agree for appointment of arbitrator amicably, Res.....

Tags : Arbitration application, Maintainability, Remedies, Civil Court

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Amendment application should be normally granted unless by virtue of amendment, nature of suit changed or prejudice caused to Defendant(18.01.2017)

Petitioner is objecting to the Order passed by Chairperson of Debt Recovery Appellate Tribunal rejecting appeal preferred by Petitioner-original appli.....

Tags : Amendment, Application, Entitlement

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Appellant cannot claim a vested right to have entries in school record corrected(23.01.2017)

Appellant/writ petitioner appeared for Class-X Board Examination conducted by Central Board of Secondary Education (CBSE) in month of March, 2015 and .....

Tags : Records, Change of name, Application

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CPIO is to give sufficient reasons for denying supply of information on account of it being exempt(24.01.2017)

Petitioner impugns order dated 22th November, 2016, whereby, CIC has held Petitioner – CPIO liable for not providing information to Respondents. It ha.....

Tags : Query, Application, Explanation

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While considering grant of leave to contest eviction proceedings under Rent Laws, Authority/Court is not expected to examine merits and demerits of grounds raised(07.02.2017)

Instant appeal is filed against final judgment and order passed by High Court of Delhi whereby the High Court dismissed revision filed by Appellants h.....

Tags : Application, Contest, Leave

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PMLA has an over-riding effect and provisions of Cr. PC would apply only if they are not inconsistent with provisions of PMLA(10.04.2017)

Petitioner has preferred present bail application seeking regular bail under Section 439 of Code of Criminal Procedure,1973 (Cr. PC) read with Section.....

Tags : Application, Bail, Grant

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Power to transfer a case must be exercised with due care, caution and circumspection(12.05.2017)

Applicant-wife, by way of instant transfer application under Section 24 of Code of Civil Procedure, 1908 (CPC), seeks transfer of a petition under Sec.....

Tags : Application, Transfer, Grant

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Principle of res judicata is applicable between two stages of same litigation but issue involved must have been decided at earlier stage of same litigation(21.06.2017)

In facts of present case, Applicants before KAT were candidates, who appeared for 2011, Karnataka Gazetted Probationers' Examination. They were select.....

Tags : Application, Maintainability, Doctrine, Res judicata

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Commissioner is empowered to entertain even a new ground not urged before lower authorities while exercising revisional powers(03.07.2017)

Petitioner, Rites Limited, has filed present petition challenging order passed by Respondent. By order dated 10th December 2010, CIT(A) dismissed appe.....

Tags : Application, Maintainability, New ground

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Judge must discharge Accused, if on examination of record, there is no sufficient ground for proceeding against him(04.10.2017)

Present petition challenges impugned judgment passed by Additional Sessions Judge, thereby dismissing the same filed by the Petitioner against the ord.....

Tags : Application, Discharge, Grant

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Civil suit would be triable by the Civil Court; Arbitrator has no jurisdiction to decide the eviction/rent disputes(12.10.2017)

Present appeal is filed by the Defendant against the final judgment passed by the High Court of Delhi at New Delhi whereby the High Court dismissed th.....

Tags : Eviction, Application, Maintainability

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What was not decided in appeal by the Division Bench could not be decided by the Division Bench while deciding the review application(12.03.2018)

Present appeals are against the final judgment passed by the High Court whereby the Division Bench of the High Court dismissed the review application .....

Tags : Application, Review, Maintainability

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Application to initiate insolvency proceedings is maintainable only when Applicant is a financial creditor under Insolvency and Bankruptcy Code (IBC).(23.10.2019)

The Appellant filed the present appeal aggrieved by the order of the Adjudicating Authority National Company Law Tribunal, whereby the Adjudicating Au.....

Tags : Nature of claim, Application, Maintainability

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Exercise of powers under Article 227 of Constitution is not affected in any manner by presence of alternate remedy but the power is to be exercised sparingly(11.11.2019)

The brief facts as noted, is that the Petitioner herein had filed a suit for permanent injunction against the Respondent in claiming right title and i.....

Tags : Jurisdiction, Application, Maintainability

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Adjudicating Authority under IBC is not a 'Court of Law' and it does not decide money claim or 'Suit'(18.11.2019)

The Appellant/'Financial Creditor' had projected the Application under Section 7 of the Insolvency & Bankruptcy Code, 2016 ('I&B' Code,) read with Rul.....

Tags : Dispute, Adjudication, Application, Maintainability

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Where there is an existence of dispute prior to issuance of Demand Notice, Adjudicating Authority must reject the application(22.11.2019)

Present appeal is arising out of the impugned order passed by the Adjudicating Authority (National Company Law Tribunal, Division Bench), admitting th.....

Tags : Dispute, Existence, Application, Maintainability

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A Magistrate who passes an order on settlement under Section 125 of CrPC has power to recall or set aside the Order, if terms of the same are violated(19.02.2020)

Present appeal has been filed against the judgment of the High Court filed by the Appellant for setting aside the order passed by the Additional Princ.....

Tags : Maintenance application, Revival, Validity

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If acknowledgement is made before expiry of period of limitation, then a fresh period of limitation shall be computed from time, when acknowledgement was signed(14.02.2020)

Present two Appeals emanates from the common order passed by the Adjudicating Authority/National Company Law Tribunal, whereby the Application filed b.....

Tags : Application, Maintainability, Time Extension

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The acknowledgment in the form of letters/OTS/Settlement terms made by 'Corporate Debtor' before expiry of period of limitation results in a fresh period of limitation(22.05.2020)

The limited question involved in present appeal is whether the application under Section 7 of the Insolvency and Bankruptcy Code, 2016 ("I&B Code") fi.....

Tags : Debt, Application, Maintainability

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Adjudicating Authority is only required to ascertain existence of default from records of an information utility(22.05.2020)

The twin appeals preferred by the same 'Financial Creditor' viz 'Allahabad Bank' against two different 'Corporate Debtors' primarily assail the orders.....

Tags : Application, Admission, Entitlement

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In absence of domestic relationship between parties as on date of filing of complaint, proceedings under DV Act were not maintainable(18.04.2019)

The present revision is against the judgment by which the application of the applicant came to be rejected. The said judgment was challenged before th.....

Tags : DV Act, Application, Maintainability

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Notifications & Circulars

Income-Tax (19th Amendment) Rules, 2020(10.08.2020)

In exercise of the powers conferred by clause (d) of sub-section (8) of section 139A and clause (ii) of sub-section (7) of section 206AA read with sec.....

Tags : Amendment, Provision, Application

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Special drive for disposal of applications for fixation of Brand Rate of Duty Drawback(28.05.2020)

1. To mitigate the hardship caused by the Covid-19 pandemic to the trade and industry and other stakeholders, Board vide Instruction No. 03/2020-Custo.....

Tags : Special drive, Disposal, Applications

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Facility to view status of/deficiency in claim applications and making good those deficiencies(02.06.2020)

The Justice (Retd.) R.M. Lodha Committee (the "Committee") vide Press Release dated January 15, 2020 requested investors/applicants with claims upto R.....

Tags : Status, Deficiency, Claim applications

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Exemption of a Banking Company from the application of the provisions of Sections 5 and 6 of the Competition Act, 2002(11.03.2020)

In exercise of the powers conferred by clause (a) of section 54 of the Competition Act, 2002 (12 of 2003), the Central Government hereby exempts a Ban.....

Tags : Exemption, Banking Company, Application, Provisions

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One-time permission for resubmission of applications for claiming assistance under 'Transport and Marketing Assistance for Specified Agriculture Products Scheme(04.02.2020)

1. With reference to the subject mentioned above, attention is invited to sub-paras (e) and (f) of para 7(A). 01 of "Handbook of Procedures" notified .....

Tags : Permission, Re-submission, Applications

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Facility to view status of/deficiency in claim applications and making good those deficiencies(15.01.2020)

1. The Justice (Retd.) R.M. Lodha Committee (the "Committee") had initiated the process of refunds for investors of PACL having claim amount upto Rs. .....

Tags : Status, Claim applications, Deficiencies

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Pending RTI Applications(01.08.2018)

Central Information Commission (CIC) has informed that 23,978 second appeals/complaints are pending as on 26-07-2018. No data is maintained in respect.....

Tags : RTI Applications, Pendency, Speedy disposal, Steps

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Exception from Online Filing of Application under Section 197 and 206C (9) in the cases of NRIs and Resident Applicants(24.12.2018)

The Central Board of Direct Taxes (CBDT) has decided to allow exception from online filing of application under Section 197 and 206C (9) in the cases .....

Tags : Online Filing, Exception, Application, NRIs and Resident Applicants

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Applications in ANF-2D submitted for seeking policy/procedure relaxation in terms of Para 2.58 of the FTP(30.01.2019)

Trade and industry is already aware that in view of the increasing number of applications seeking relaxation being received in this Directorate and to.....

Tags : Applications, Policy, Relaxation

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Risk Weights for exposures to HFCs(20.10.2016)

It has been observed that there is a lack of uniformity among banks in the application of risk weights on their exposures to Housing Finance Companies.....

Tags : Risk weights, Application, Exposure

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Environment Minister Launches Online Filing of Access and Benefit Sharing Applications(30.03.2017)

Taking yet another important step towards contributing to and promoting Digital India and Ease of Doing Business, Minister of State (Independent Charg.....

Tags : Launch, Online filing, Application

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Recovery of confirmed demands during pendency of stay application(04.07.2016)

The Ministry of Finance brought changes to its 2013 notification on the recovery of confirmed demands while assessee’s stay application remains pendin.....

Tags : excise, confirmed demand, stay application

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New application process to fast track the allotment of PAN and TAN(22.07.2016)

For fast tracking the allotment of PAN and TAN to company applicants, Digital Signature Certificate(DSC) based application procedure has been introduc.....

Tags : Fast track, Allotment, PAN, TAN, Application process

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News

Delhi HC Questions Mandatory Online Application for Minority Scholarships(30.09.2016)

Delhi HC has asked Central Government why it had made online application mandatory for students from minority communities seeking scholarships.

Tags : Delhi HC, Online Application

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Patent Office Dismisses Wyeth’s Divisional Patent Application(31.03.2016)

The Assistant Controller of Patents & Designs, Kolkata, has refused to proceed with a divisional patent application of Wyeth (now part of Pfizer), fo.....

Tags : Wyeth, Patent Application

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Bombay HC Rejects Intervention Application of Godhra Riots Survivor(27.10.2016)

Bombay High Court while rejecting Intervention Application (IA) filed by Bilkis Bano, survivor of a gang-rape and witness to murder of her family, in .....

Tags : Bombay High Court, Intervention Application, Bilkis Bano, Godhra riots

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CIC Rejects Plea Seeking Details of PM Modi’s Passport Application(06.03.2017)

Central Information Commission (CIC) has upheld CPIO’s refusal to provide to an RTI applicant copies of applications submitted by Prime Minister Naren.....

Tags : Central Information Commission, Passport Application, Modi

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Corporate Debtor can Withdraw Application Filed Under IBC on Making OTS Offer to Creditor : NCLT(28.01.2019)

NCLT has allowed the a corporate debtor to withdraw petition for its insolvency, though with costs, besides allowing ex-director of corporate debtor t.....

Tags : NCLT, Corporate Debtor can Withdraw Application Filed Under IBC

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Application for Interim Measure of Protection Maintainable Even After Arbitration Award: Kerala HC(28.11.2018)

Kerala High Court has held that application under Section 9(1)(ii) of the Arbitration and Conciliation Act, 1996 seeking an interim measure of protect.....

Tags : Kerela High Court, Application for Interim Measure of Protection

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Patrons of Accused Still Outside CBI Net, Says Vyapam Whistle Blower(29.11.2017)

Patrons of Accused Still Outside CBI Net, Says Vyapam Whistle Blower

Tags : Rai on Thursday filed, in the CBI court, applications opposing anticipatory bail pleas of SN Vijaywargiya of People's Medical College, NM Srivastava, the then joint director in the Medical Education Department, and Ajay Goenka of Chirayu Medical College besides an official of People's Medical College.

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Delhi HC Orders Time Limit for Disposal of Application Moved by Bank to Sell Vehicle in Recovery Suit(22.01.2020)

Delhi High Court has held that the Applications filed for seeking permission to sell a vehicle seized by the bank in cases of default cannot be kept p.....

Tags : Delhi High Court, Time Limit for Disposal of Application to Sell Vehicle

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SC: Debts Recovery Tribunal Has No Power to Condone Delay in Filing Review Application(27.01.2020)

Supreme Court has held that the Debts Recovery Tribunal has no power to condone the delay in filing application for review under the Recovery of Debts.....

Tags : Supreme Court, Debt Recovery Tribunal's Power to Condone Delay, Review Application

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Bombay High Court Suggests BMC to Invite Fresh Applications for Junior Panel Lawyers(28.01.2020)

Bombay High Court has asked the Brihanmumbai Municipal Corporation (BMC) to invite applications from lawyers interested in being empaneled on the Juni.....

Tags : Bombay High Court, Brihanmumbai Municipal Corporation, Fresh Applications for Junior Panel Lawyers

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Karnataka High Court Grants Bail to Bangladeshi Christian Woman Citing Citizenship (Amendment) Act(29.01.2020)

Karnataka High Court has granted bail to a Bangladeshi Christian woman, citing Section 2 of the Citizenship (Amendment) Act, 2019, according to which .....

Tags : Karnataka High Court, Application of Citizenship Amendment Act

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Supreme Court: Landlord Not Precluded from Making Application for Fair Rent Determination(03.02.2020)

Supreme Court has held that a landlord is not precluded from making an application for determination of fair rent during the currency of agreed rent b.....

Tags : Supreme Court, Fair Rent Determination, Application by Landlord

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Securities and Exchange Board of India Unveils New FPI Registration Application(05.02.2020)

Securities and Exchange Board of India has come out with a common application form for registration of foreign portfolio investors, to enhance operati.....

Tags : Securities and Exchange Board of India, Application for Foreign Portfolio Investors Registration

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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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Gujarat High Court Rejects Bail Application of ISIS Ideologue(18.02.2020)

Gujarat High Court has rejected the bail application of a person who was alleged to be advocating ISIS ideology through various social media platforms.....

Tags : Gujarat High Court, Bail Application of ISIS Ideologue

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CESTAT, Mumbai: Application for Compounding of Offence Can Not be Rejected on Technical Grounds(20.02.2020)

Custom, Excise & Service Tax Appellate Tribunal (CESTAT), Mumbai has held that the purpose of compounding of offence against the payment of compoundin.....

Tags : Customs Excise and Service Tax Appellate Tribunal, Application for Compounding of Offence

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J&K HC Dismisses Intervention Application of Association of Pellet Survivors as "Unnecessary"(24.02.2020)

Jammu and Kashmir High Court have dismissed an application filed by Association of Pellet Survivors to intervene in an ongoing Public Interest Litigat.....

Tags : Jammu and Kashmir High Court, Intervention Application of Association of Pellet Survivors

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Gujarat HC Permits to File Refund Application as Chilling and Packaging of Milk is Exempted(28.02.2020)

Gujarat High Court has permitted the Petitioner to file the refund application as chilling and packaging of milk is exempted under Goods and Service T.....

Tags : Gujarat High Court, Anticipatory Bail, Refund Application

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ITAT, Mumbai: Wrong Assumption or Incorrect Application Would Make Order Liable for Revision(04.03.2020)

Income Tax Appellate Tribunal (ITAT), Mumbai has held that the wrong assumption of facts or incorrect application of the law would make the order liab.....

Tags : Income Tax Appellate Tribunal, Wrong Assumption or Incorrect Application

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NCLAT: Limitation Period Applicable to Application Filed by Financial Creditor(16.03.2020)

National Company Law Appellate Tribunal has reversed the order of the National Company Law Tribunal, Ahemdabad holding that the order of admission of .....

Tags : National Company Law Appellate Tribunal, Limitation on Application by Financial Creditor

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ITAT, Pune: Income Tax Act, 1961 Has No Provisions to Condone Delay in Filing Misc. Applications(25.03.2020)

Income Tax Appellate Tribunal (ITAT), Pune, while dismissing a bunch of miscellaneous applications, has held that the Income Tax Act, 1961 does not ha.....

Tags : Income Tax Appellate Tribunal, Condonation of Delay in Filing Miscellaneous Applications.

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Rajasthan HC: Applications for Sentence Suspension Not 'Extreme Urgent Matters' During Lockdown(01.04.2020)

Rajasthan High Court has directed the Registry to not list applications for bail and sentence suspension under the category of 'extreme urgent matters.....

Tags : Rajasthan High Court, Applications for Sentence Suspension

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Kerala HC Constitutes Special Bench to Hear Bail Applications Through Video Conferencing(07.04.2020)

Kerala High Court has constituted a Special Bench to hear Bail Applications. The Court has started hearing bail applications from 6th April, 2020 thro.....

Tags : Kerala High Court, Special Bench to Hear Bail Applications

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Karnataka HC Directs District Court Not to Defer Hearing Bail Applications(12.05.2020)

Karnataka High Court has said that trial Court cannot defer hearing of bail application stating that it is not a case of extreme urgency without going.....

Tags : Karnataka High Court, Hearing of Bail Applications

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Madhya Pradesh HC: Application for Anticipatory Bail Maintainable After Accused Declared Absconder(14.05.2020)

Madhya Pradesh High Court has observed that declaration of an accused as an "absconder" under Section 82 of the Code of Criminal Procedure, 1973 does .....

Tags : Madhya Pradesh High Court, Application for Anticipatory Bail

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Allahabad HC Enables Persons Desirous of Opposing Any Application to Join VC Proceedings(14.05.2020)

Allahabad High Court has intimated that all person desirous of opposing any application before the High Court may send a request for the same on presc.....

Tags : Allahabad High Court, Persons Desirous of Opposing Any Application

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Kerala HC: No Bar on Filing Anticipatory Bail Applications in Triple Talaq Cases(10.08.2020)

Kerala High Court has held that Anticipatory Bail application under Section 438 of the Code of Criminal Procedure, 1973 is not barred in a case in wh.....

Tags : Kerala High Court, Anticipatory Bail Applications in Triple Talaq Cases

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Bombay HC: Application Seeking Time Extension for Investigation Not Maintainable(21.08.2020)

Bombay High Court has held that an application seeking extension of time for investigation under the Narcotic Drugs and Psychotropic Substances Act, 1.....

Tags : Bombay High Court, Application Seeking Time Extension

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SC: Successive Bail Applications Should Be Placed Before The Same Judge Who Considered The First One(09.05.2019)

Supreme Court has reiterated that successive bail applications filed by an accused should be placed before the same Judge who had refused bail in the .....

Tags : SC, Bail Application

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International Cases

Firm exercising characteristics of power against one player due to contractual relationship between the two, cannot be interpreted to imply that, it would be able to do so on a broader level(23.11.2017)

Present matter concerns two interlocutory applications, an amendment application and an exception application, arising from a private complaint referr.....

Tags : Prohibited practice, Complaint, Amendment, Exception, Application

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Relevant Court to make the application for a summons is Supreme Court of Western Australia in its General Division and not the Court of Appeal division(01.03.2018)

Present is an application by the Respondent for leave pursuant to Order 10 Rule 7 of the Rules of the Supreme Court 1971 (WA) (Rules) to serve a 'mean.....

Tags : Means Inquiry, Application, Maintainability

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Court may withhold a winding up order, where Plaintiff lacks clean hands or has himself or herself been primary contributor to breakdown of relationship.(03.08.2017)

In facts of instant case, winding up application is made pursuant to Section 461(1)(k) of Corporations Act, 2001. This is section which is generally r.....

Tags : Application, Winding up, Grant

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Court is empowered to grant leave to a disqualified person to manage a corporation(04.12.2018)

By originating process lodged 17 September 2018 the plaintiff seeks leave of the court under s 206G of the Corporations Act, 2001 to be a director of .....

Tags : Bankrupt, Act as director, application

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In absence of any third party interest, nothing else is required to be established before the court is compelled to make a declaration relating to confiscation(28.03.2019)

In present action, the Director of Public Prosecutions (DPP) seeks a declaration that particular property of the Plaintiffs has been confiscated, give.....

Tags : Application, Declaration, Confiscation

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Issues once decided cannot be repeatedly re-ventilated and reconsidered(08.11.2016)

In present case, application by birth mother that, decision which was reached by Honorable Judge Singleton QC in August 2015 as to with whom this chil.....

Tags : Child, Custody, Application

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Top Story

Is there a doctor in the house(31.08.2015)

“The time schedule is required to be strictly observed”, the Supreme Court held, as it dismissed a petition by a medical college to increase the numbe.....

Tags : mci, mbbs, application, reject

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Patent application pendency numbers(25.04.2016)

Patent Offices in four Indian metros released numbers on application pendency in the country. Awaiting examination and disposal are a total of 2,37,67.....

Tags : Patents, application pendency, india

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Pre-existing dispute is not a bar for rejecting application filed by a financial creditor under Section 7 rules NCLAT(01.10.2019)

In a recent Judgment rendered by National Company Law Appellate Tribunal (NCLAT), it has been held that, the pendency of a suit in relating to a dispu.....

Tags : Dispute, Pendency, Application, Maintainability

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