National .....Tags : civil aviation, policy, airport charges, developer fee, concession, international flights
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Advance Discharge Voucher(12.07.2016)
The Insurance Regulatory Authority of India tightened instructions for life insurers that issue advance discharge vouchers.
It now require.....
Tags : Advance discharge, life insurance, payment
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Inquiry proceedings can be closed, once an employee unconditionally admitted the charges and that admission not recorded under any duress, force or pressure(21.10.2016)
By present petition, Petitioner challenged suspension order dated 7 June 2011, order dated 14 February 2013 imposing penalty of dismissal as confirmed.....
Tags : Charges, Dismissal, Penalty
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Bombay HC Rejects Divorce Plea, Rules ‘False Charges Maligned Wife’s Image in Society’(03.11.2016)
Bombay High Court, while dismissing a divorce petition by a husband on grounds that his wife had illicit relationship with three men during their marr.....
Tags : Bombay High Court, divorce, False Charges
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Amount of surcharge under Section 5A of OST Act to be levied before deducting amount of entry tax paid by a dealer(28.10.2016)
Respondents are engaged in sale and purchase of Motor Vehicles and are registered dealers under Orissa Sales Tax Act, 1947 ('OST Act') as well as unde.....
Tags : Surcharge, Entry tax, Levy
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Delhi HC Seeks Centre’s, RBI’s Reply on Credit, Debit Card Surcharge Levy(16.11.2016)
Delhi High Court has sought response from Centre and RBI on a PIL contending that surcharge levied on credit and debit card transactions was "illegal".....
Tags : Delhi High Court, surcharge, credit card, debit card
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Usage of ATMs - Waiver of customer charges(14.11.2016)
The Reserve Bank of India has today decided that banks shall waive levy of ATM charges for all transactions (inclusive of both financial and non-finan.....
Tags : Charges, Waiver, Customer
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Punjab & Haryana HC Directs Haryana Government to Furnish Year-wise EDC Collection Info(06.12.2016)
Punjab and Haryana High Court, while taking serious note of non-utilisation of External Development Charges (EDC) collected from Gurgaon over years, h.....
Tags : Punjab and Haryana High Court, External Development Charges
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A special law shall prevail over the general and prior laws(14.12.2016)
Present Appellant filed an application before trial court to drop the proceedings against him. Trial court partly allowed application and dropped proc.....
Tags : Charge, Provisions, Proceedings, Validity
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While framing charges Court is required to discuss material on record to show its application of mind in framing of charge(15.12.2016)
Aggrieved by common order on charge and the charge framed under Sections 420/467/ 468/448/120-B/109 of Indian Penal Code, 1860 (IPC) present revision .....
Tags : Charge, Framing, Sufficiency of material
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Delhi HC Quashes IT Notice to Bharti Airtel over Inter-Connection Charges(20.12.2016)
Delhi High Court has quashed notices by Income Tax Department which required Bharti Airtel Ltd. to provide details of inter-connection charges paid by.....
Tags : Delhi High Court, Bharti Airtel, inter-connection charges
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Centre: Service Charge at Hotels, Restaurants is Optional(03.01.2017)
Central Government has reiterated that customers dissatisfied with service could choose not to pay service charge levied by a hotel or restaurant.
Tags : Central Government, Service Charge, Hotels, Restaurants
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Service Charge for dining in restaurants discretionary: Government(02.01.2017)
In a move, benefitting the consumers, Government has announced, that ‘service charges’, levied by restaurants along with other taxes, are discretionar.....
Tags : Service charge, Restaurant, Discretionary
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Calcutta HC Allows Congress MLA Facing Criminal Charges to Fly Abroad to Pursue PhD(11.01.2017)
Calcutta High Court has granted permission to Santipur's Congress MLA Arindam Bhattacharya, who is facing several charges including rioting, to pursue.....
Tags : Calcutta High Court, Arindam Bhattacharya, Criminal Charges, PhD
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Madras HC: Don’t Harass Jalikattu’s Agitators Family Members in Name of Enquiry(02.02.2017)
Madras HC has said that family members of Jallikattu agitators should not be harassed by police in name of inquiry.
Tags : Madras HC, lathicharge, Jallikattu
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A charge-sheet or show cause notice, issued in course of disciplinary proceedings, cannot ordinarily be quashed by Court(13.02.2017)
Applicant has assailed memorandum of charges and order whereby Respondents have not considered grant of medical leave from 21st March, 2014 to 10th Ap.....
Tags : Charge, Proceedings, Delay
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Reimbursement of Merchant Discount Rate(16.02.2017)
The Government of India (GoI) has decided to absorb the Merchant Discount Rate (MDR) charges in respect of debit card transactions while making paymen.....
Tags : MDR, Charges, Reimbursement
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Ms. Suman Saxena Takes Charge as the Whole Time Member of the Insolvency and Bankruptcy Board of India (IBBI)(22.02.2017)
Ms. Suman Saxena took charge here today as the Whole Time Member, Insolvency and Bankruptcy Board of India (IBBI). Ms. Saxena will look after Research.....
Tags : Charge, Board, Whole time member
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Madras High Court Rejects Plea to Stay TRAI Order on Cable Landing Charges(17.03.2017)
Madras High Court has refused to stay three regulations of Telecom Regulatory Authority of India (TRAI) pertaining to access charges levied by owners .....
Tags : Madras High Court, Cable Landing Charges
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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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Government Makes Service Charge Completely Voluntary(21.04.2017)
The Central Government has approved guidelines making service charge “completely voluntary”. As per the guidelines, levy of service charge amounts to .....
Tags : Service charge, Voluntary, Approval
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Separate charges for distinct offences must be framed separately and cannot be clubbed together for more than one year(08.05.2017)
Present appeals arise out of three separate judgments of learned Single Judge of High Court discharging three Accused persons namely; Lalu Prasad Yada.....
Tags : Trial, Discharge, Validity
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ITAT: TDS Applicable to Payments Towards Channel Carriage Fees, Up-Linking, Bandwidth Charges(17.05.2017)
ITAT Kolkata has held that payments on account of channel carriage fees, up-l inking charges and Bandwidth charges are not in nature of payment toward.....
Tags : ITAT, Kolkata, Carriage Fees, Up-Linking, Bandwidth Charges
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#GST Rollout: RCM Not Applicable to Intra-State Supply of Goods, Services Below Rs. 5000(29.06.2017)
Central Government has notified that Reverse Charge Mechanism (RCM) is not applicable to intra-State supply of goods & services made by an unregistere.....
Tags : Central Government, GST, Reverse Charge Mechanism
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#GST Rollout: RCM Applicable to Supply of Lottery, Cashew Nuts, Silk Yarn, Bidi Wrapper Leaves(29.06.2017)
Central Government has notified list of goods (State-running Lottery, Cashew Nuts, Silk Yarn, Bidi Wrapper Leaves, Tobacco leaves etc.) taxable under .....
Tags : Central Government, GST, Reverse Charge Mechanism
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Central Government is empowered not only to frame rules to regulate grant of reconnaissance permits, prospecting licences or mining leases, but also for purpose connected therewith(27.06.2017)
Present batch of writ petitions is to examine constitutional validity of Rule 64-D of Mineral Concession Rules, 1960, as amended by Government of Indi.....
Tags : Rule, Validity, Additional Royalty, Charge
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Further clarification on tax in reverse charge on gold ornaments(13.07.2017)
In the GST Ki Master Class held yesterday, in one of the replies given to an on-the-spot-question, it was informed that purchase of old gold jewellery.....
Tags : Reverse charge, Gold ornaments, Tax, Clarification
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It is not necessary to go into the merits of the case at the stage of framing the charge(07.08.2017)
By present revision, under Section 397 of Code of Criminal Procedure, 1973, Petitioner/State of Goa has challenged the legality of impugned order of d.....
Tags : Insult, Caste, Discharge, Legality
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CBDT has been asked to consider inclusion of Service Charge while assessing tax: Shri Ram Vilas Paswan(13.09.2017)
Shri Ram Vilas Paswan, Union Minister for Consumer Affairs, Food & Public Distribution told that in order to check the levying of Service Charge compu.....
Tags : Service Charge, Inclusion, Tax, Assessment
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Bombay High Court Refuses to Grant Stay on TRAI Decision to Cut Interconnect Usage Charge(03.10.2017)
Bombay High Court has refused to grant a stay on the telecom regulator’s decision to slash the interconnect usage charge by 57% from next month, and s.....
Tags : Bombay High Court, TRAI, Interconnect Usage Charge
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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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Government Notifies that Services Provided by OC Members to RBI is Subject to GST under RCM(17.10.2017)
Central Government has notified that Goods and Services Tax (GST) is payable on supply of services provided by Overseeing Committee (OC) members to RB.....
Tags : Goods and Services Tax, reverse charge mechanism
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Issuance of Charge Memorandum is enough, actual service of same on the delinquent officer is immaterial(27.10.2017)
The Applicant, a retired Senior Deputy Financial Advisor of the 1st Respondent-Council of Scientific and Industrial Research (CSIR), filed the Origina.....
Tags : Charge Memorandum, Natural justice, Violation
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Honeypreet Played a Key Role in Panchkula Violence After Dera Chief's Conviction, Says Chargesheet(29.11.2017)
Honeypreet Played a Key Role in Panchkula Violence After Dera Chief's Conviction, Says Chargesheet
Tags : The chargesheet, accessed by CNN-News18, says Honeypreet played a major role before and during the riots that occurred in the aftermath of the verdict by a special CBI court in Panchkula on August 25, killing over 40 people.
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Bhopal Court Hears Vyapam Case Till 2 am, Issues Arrest Warrants Against 200 Accused(29.11.2017)
Bhopal Court Hears Vyapam Case Till 2 am, Issues Arrest Warrants Against 200 Accused
Tags : The 1500-page CBI chargesheet had named 592 accused in connection with 2012 Pre-medical Test scam. The accused included officials of four private medical colleges involved in selling seats for profits and several government officials.
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CBI Files 2012 PMT Scam Chargesheet in Bhopal Court, Names 592 Accused(29.11.2017)
CBI Files 2012 PMT Scam Chargesheet in Bhopal Court, Names 592 Accused
Tags : After a 28-month probe, the CBI has named 592 accused in the 1500-page chargesheet.
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TRAI releases Draft "The Telecommunication Mobile Number Portability Per Port Transaction Charge and Dipping Charge (Amendment) Regulations, 2017"(18.12.2017)
1. The Telecom Regulatory Authority of India (TRAI) has today issued Draft "The Telecommunication Mobile Number Portability Per Port Transaction Charg.....
Tags : Number, Portability, Transaction Charge, Dipping Charge
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Court cannot draw adverse inference against accused by invoking Section 106 of Evidence Act unless basic burden to prove the case is discharged by prosecution(15.01.2018)
The Appellant has assailed the judgment of conviction awarded by the Sessions Judge, for the offence punishable under Section 302 of the Indian Penal .....
Tags : Conviction, Validity, Burden, Discharge
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Present Court should not interfere in findings of fact recorded by the Labour Court, unless same are so perverse as to be completely against the materials on record before it(02.02.2018)
Instant writ petition has been filed by the Petitioner challenging the award and its notification dated 22nd August, 2015 passed by the Respondent Nos.....
Tags : Dismissal order, Charges, Proof
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Supreme Court to DDA: On What Basis Did You Reduce Conversion Charges(13.03.2018)
Supreme Court has asked the Delhi Development Authority (DDA) to explain how it had reduced one-time conversion charges for commercial use from Rs 89,.....
Tags : Supreme Court, Conversion Charges
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Govt Notifies Postponement of Reverse Charge Mechanism till June(26.03.2018)
Central Board of Excise and Customs (CBEC) has notified that the implementation of Reverse Charge Mechanism (RCM) has been deferred until 30th June 20.....
Tags : Central Board of Excise and Customs, Reverse Charge Mechanism
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Levy of Surcharge on Retailers on Basis of Stock Imported Into State Is Discriminatory: Kerala HC(22.06.2018)
High Court of Kerala has struck down Section 3(1A) of the Kerala Surcharge on Taxes Act, 1957 (“Act”) for being discriminatory and violative of Articl.....
Tags : Kerala High Court, Surcharge Tax
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Surcharge Can’t be Levied on Retailers on Basis of Stock Imported into State: Kerala HC(27.06.2018)
Kerala High Court has held that levy of Surcharge on Retailers on the basis of stock imported into the State under Section 3(1A) of Kerala Surcharge o.....
Tags : Kerala High Court, Surcharge, Taxes
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Karnataka HC : Documents Which Aren’t Part of Charge-Sheet Can Be Received in Evidence(02.08.2018)
Karnataka High Court has observed that documents which are not the part of charge-sheet could be received in evidence for prosecution after the commen.....
Tags : Karnataka High Court, Charge-Sheet
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Standard operating procedures for discharge of bonds executed by nominated agencies/banks under Notification No. 57/2000-Customs dated 08.05.2000(08.08.2018)
1.References have been received from the exporter associations that there is an inordinate delay in release of bonds executed by the nominated agencie.....
Tags : Bonds, Discharge, Procedure
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International Cases
Where an Appellate Court concludes that, sentencing judge's discretion miscarried in respect of one component of a sentence, whole of sentence imposed by sentencing judge may be set aside(21.08.2018)
Present is an appeal against sentence. The Appellant alleged that a miscarriage of justice had occurred because at the sentencing hearing the prosecut.....
Tags : Charges, Sentence, Accuracy
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State Government is liable to make the payment of electricity and water bills in respect of hotels/accommodations, occupied by security forces(31.08.2018)
The simple and short grievance of the petitioners in these petitions is that, although their hotels came to be occupied by the security forces from 19.....
Tags : Charges, Payment, Liability
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Collection of Toll Charges by Sub-Contractor Exempt from GST: AAR(21.09.2018)
Authority for Advance Rulings, Madhya Pradesh has ruled that no GST is payable on collection of toll charges by sub- contractors.
Tags : AAR, GST, Toll Charges
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Candidates Can't Be Barred from Polls on Framing of Criminal Charges: Supreme Court(25.09.2018)
Supreme Court has held that candidates cannot be disqualified merely because charges have been framed against them in a criminal case.
Tags : Supreme Court, Disqualification, Criminal Charges
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Builder Not Liable to Pay Service Tax on ‘One-Time’ Maintenance Charges: Bombay HC(05.10.2018)
Bombay High Court has held that builder is not liable to pay service tax on One-time maintenance charges collected from Flat Buyers.
Tags : Bombay High Court, Maintenance Charges
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TRAI releases Consultation Paper on "Methodology for levy of Spectrum Charges for provision of Satellite based Services using Gateway installed in India under 'sui-generis' category"(10.10.2018)
1. The Telecom Regulatory Authority of India (TRAI) has today released a Consultation Paper on "Methodology for levy of Spectrum Charges for provision.....
Tags : Consultation Paper, Levy, Spectrum Charges
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Waiver of imprisonment in lieu of payment of additional compensation is permissible, though under exceptional circumstances(10.10.2018)
In present matter, the original complainant instituted a complaint under Section 138 of the Negotiable Instruments Act, 1881 ('Act') against the Petit.....
Tags : Liability, Discharge, Sentence, Legality
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Accused is entitled to get discharge, if there is no material on record to attract ingredients of offences alleged(29.10.2018)
The Petitioner herein has filed Petition under Section 227 of Code of Criminal Procedure, 1973 (CrPC) praying to discharge him from case pending on th.....
Tags : Proceedings, Discharge, Grant
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High Court in a revision can examine only when factual aspects are mixed with legal aspects(26.11.2018)
The revision Petitioner herein is the 4th accused was an Assistant Engineer of the Kerala Water Authority ('the KWA') from 1994 to 1997. He and other .....
Tags : Discharge, Disallowance, Validity
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Delhi HC Initiates PIL on RWAs' Letter Against Pension Surcharge in Power Bills(24.01.2019)
Allahabad High Court has ruled that a playground on the campus is a necessary and essential condition for a school’s affiliation.
Tags : Delhi High Court, Surcharge in Power Bills
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Fixation of use conversion charges for Mixed Use/Commercial Use of Premises and Shop-cum-residence plots/Complexes later designated as LSCs(23.01.2019)
A Notification was published by the Delhi Development Authority in exercise of powers conferred under Section 57 of the Delhi Development Act, 1957 (6.....
Tags : Conversion charges, Mixed Use, Fixation
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Gujarat HC Quashes Rape Charges Against Ex-Husband for having Sexual Relations After Alleged Divorce(30.01.2019)
Gujarat High Court recently quashed rape charges levelled by a woman against her ex-husband who allegedly cohabited with her even after the dissolutio.....
Tags : Gujarat High Court, Rape Charges Against Ex-Husband
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Gujarat HC Quashes Rape Charges Against Ex-Husband for having Sexual Relations After Alleged Divorce(30.01.2019)
Gujarat High Court has quashed rape charges levelled by a woman against her ex-husband who allegedly cohabited with her even after the dissolution of .....
Tags : Gujarat High Court, Rape Charges Against Ex-Husband
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Exoneration in Departmental Proceedings Won't Lead to Dropping of Criminal Charges: Patna HC(04.02.2019)
Patna High Court has reiterated that exoneration in departmental proceedings ipso facto would not result into quashing of criminal prosecution against.....
Tags : Madras High Court, Departmental Proceedings, Dropping of Criminal Charges
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CRIMINAL - Madras HC Directs DGPs to Issue Instructions to File Chargesheet Within Stipulated Period(19.02.2019)
Madras High Court has directed DGPs of Tamil Nadu and Puducherry to instruct all their CoPs of cities and IGs of districts to issue appropriate direct.....
Tags : Madras High Court, File Chargesheet Within Stipulated Period
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MEDIA AND COMMUNICATION - Delhi HC Sets Aside TRAI Rule on MNP Charges(11.03.2019)
Delhi High Court has set aside Telecom Regulatory Authority of India’s (TRAI) decision to lower the fees for Mobile Number Portability (MNP) from Rs 1.....
Tags : Delhi High Court, TRAI, Mobile Portibility, MNP Charges
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At stage of framing charges, Court would only be required to consider existence of a prima facie case(28.03.2019)
Present Petition has been filed under Section 482 of Code of Criminal Procedure, 1973 (CrPC) praying for setting aside the order by means of which, th.....
Tags : Charge, Proceedings, Validity
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Magistrate can’t Direct Police to File Chargesheet on Receipt of Closure Report: SC(16.04.2019)
Supreme Court has held that a magistrate, upon receipt of a closure/refer report, cannot direct police to file charge sheet.
Tags : Supreme Court, Chargesheet
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Penalty Proceedings can’t be Initiated Without a Specific Charge: ITAT(19.04.2019)
Income Tax Appellate Tribunal (ITAT), Indore bench has ruled that no penalty proceedings can be initiated on a suspected defaulter assessee without sp.....
Tags : ITAT, Penalty Proceedings, Specific Charge
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SC: Strong Suspicion for Framing Charges must based on Materials Which Can Be Translated to Evidence(25.04.2019)
Supreme Court has observed that a strong suspicion would suffice at the stage of framing charge against the accused if the same has been founded on so.....
Tags : Supreme Court, Framing of Charges
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Mere show-cause notice or charge-sheet does not infringe the right of anyone, a writ petition lies when some right of any party is infringed(10.05.2019)
Present Original Application has been filed challenging the legality, validity and propriety of charge-sheet. The Applicant is also aggrieved by an or.....
Tags : Chargesheet, Quashing of, Entitlement
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If assailant acts with intention that such action might cause death, and hurt is caused, then provisions of Section 307 of IPC would be applicable(16.05.2019)
Present revision application has been filed by the applicants against the order, passed by learned Sessions Judge, framing the charges against the App.....
Tags : Charges, framing of, Validity
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Existence of right of private defence can be established based on preponderance of probabilities and said right has to be widely interpreted(23.05.2019)
In present case, FIR came to be registered under Sections 307, 326, 323, 324, 452, 429, 506, 148 and 149 of Indian Penal Code, 1860 (IPC) and Sections.....
Tags : Private defence, Charges, Legality
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Intention of Parliament must be clearly found on wording of legislation(22.05.2019)
By present appeal, Mr. and Mrs. Hancock seek to show that, the redemption of the loan notes, issued to them in connection with the sale of their share.....
Tags : Charge, Capital gains, Exemption
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Reserve Bank of India scraps Charges on NEFT, RTGS Transfers(06.06.2019)
Reserve Bank of India (RBI) has announced waiver of charges that are applied on bank transfers carried out either by National Electronic Funds Transfe.....
Tags : Fund transfer, Charges, Removal
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An acquittal or discharge under Section 306 of IPC would not ipso facto amount to an acquittal or discharge under Section 498A of IPC(28.05.2019)
In instant case, Petitioner impugns order whereby charge has been framed against the Petitioner under Section 498A of Indian Penal Code, 1860 (IPC). T.....
Tags : Charge, Framing of, Legality
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Delhi High Court Frees Man Jailed on Untrue Rape Charge(02.07.2019)
Delhi High Court has freed a man who was sentenced to 30 years rigorous imprisonment in 2014 for repeatedly raping a married woman after it found no e.....
Tags : Delhi High Court, Rape Charge
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Charge would be framed not on mere suspicion but on facts giving rise to grave suspicion of accused having committed offence(01.07.2019)
Petitioners impugn order whereby the Revisional Court has reversed the order on charge passed by the Trial Court in case FIR under Sections 323, 341, .....
Tags : Charge, Framing of, Validity
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It is only upon Court to alter charge or reject application, neither prosecution nor defence has any right for alteration of charges(05.07.2019)
The present application has been filed to quash the order passed by Additional District Judge, arising out of case crime registered under Sections 323.....
Tags : Charges, Alteration, Right
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Government relaxes mandatory charging of lease rent for wind power projects(22.08.2019)
The Ministry of Environment, Forest and Climate change has decided to relax the mandatory charging of lease rent of Rs. 30,000 per MW for wind power p.....
Tags : Lease rent, Charges, Removal
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Discharge proceeded without reference to Invalidating Medical Board cannot be sustained(02.09.2019)
The Appellant was enrolled in the Army as a Washerman. He was discharged from service on medical grounds on August 31, 1993. Appellant, aggrieved agai.....
Tags : Discharge, Procedure, Legality
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TRAI releases "Telecommunication Mobile Number Portability Per Port Transaction Charge and Dipping Charge (Second Amendment) Regulations, 2019(01.10.2019)
The Telecom Regulatory Authority of India (TRAI) has issued "Telecommunication Mobile Number Portability Per Port Transaction Charge and Dipping Charg.....
Tags : Transaction Charge, Dipping Charge, Regulations
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Word uttered in fit of anger or emotion without intending consequences to actually follow cannot be said to be instigation(18.10.2019)
Present appeal is preferred by the State of West Bengal through Principal Secretary, Home Department, aggrieved by the judgment passed by the High Cou.....
Tags : Suicide, Discharge, Legality
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SC: Discharge Plea Cannot be Discarded Just because HC had Earlier Refused to Quash Proceedings(05.11.2019)
Supreme Court has observed that a trial Court cannot refuse to consider the application for discharge filed by an Accused merely because his earlier a.....
Tags : SC, Discharge Plea
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Supreme Court Reiterates Detailed Reasons Need not be Recorded while Framing Charges(04.12.2019)
Supreme Court has observed that for framing the charges under Section 228 of the Code of Criminal Procedure, 1973 a trial judge is not required to rec.....
Tags : Supreme Court, Charges
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TRAI issues Regulations on wireless to wireless domestic call termination charges(17.12.2019)
1. The Telecom Regulatory Authority of India (TRAI) today issued "The Telecommunication Interconnection Usage Charges (Fifteenth Amendment) Regulation.....
Tags : Regulations, Issuance, Charges
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Furthering digital payments - Waiver of charges - National Electronic Funds Transfer (NEFT) system(16.12.2019)
A reference is invited to RBI circulars DPSS CO (EPPD)/98/04.03.01/2012-13 dated July 13, 2012 on National Electronic Funds Transfer (NEFT) System - R.....
Tags : Digital Payments, Waiver, Charges
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CBIC Issues Clarification on Application of Reverse Charge Mechanism on Renting of Motor Vehicles(07.01.2020)
Central Board of Indirect Taxes and Customs ( CBIC ) has issued a clarification on the subject of the application of Reverse Charge Mechanism on renti.....
Tags : CBIC, Reverse Charge Mechanism
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Apex Court: Defence of Accused Cannot be Looked Into While Considering his Discharge Petition(08.01.2020)
Apex Court has observed that defence of the Accused cannot be looked into at the stage when the Accused seeks to be discharged under Section 227 of Co.....
Tags : Apex Court, Discharge Petition
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Madras HC: Recovery of Social Welfare Surcharge Cannot be Made by Debiting Amount from Scrips(10.01.2020)
Madras High Court has held that the recovery of social welfare surcharge cannot be done by making debit from the value of the scrips produced by the P.....
Tags : Madras HC, Surcharge
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Supreme Court: Trial Court Can Add or Alter Charges at Any Time, Even After Reserving Judgment(22.01.2020)
Supreme Court has observed that a Trial Court can exercise its powers of altering or adding charges under Section 216 of the Code of Criminal Procedur.....
Tags : Supreme Court, Power to Alter, Add Charges
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Supreme Court Reinstates Woman Who Accused Ex-Chief Justice of India(23.01.2020)
Supreme Court has reinstated a woman employee who had levelled sexual harassment charges against previous Chief Justice of India, Ranjan Gogoi in Apri.....
Tags : Supreme Court, Ranjan Gogoi, Sexual Harassment Charges
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ITAT, Delhi: No TDS on Payment of External Development Charges Not Made Out of Statutory Liability(31.01.2020)
Income Tax Appellate Tribunal (ITAT), Delhi has held that the Assessee is not required to deduct Tax Deducted at Source (TDS) as the payment of Extern.....
Tags : Income Tax Appellate Tribunal, TDS on Payment of External Development Charges
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Supreme Court Refuses PIL Seeking Court Monitored Probe into College Molestation Case(14.02.2020)
Supreme Court has refused to entertain a plea seeking a Central Bureau of Investigation probe monitored by the Court into the alleged molestation of s.....
Tags : Supreme Court, Gargi College, Molestation Charges
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FASTag to be available free of charge for 15 days(12.02.2020)
In order to further increase digital collection of user fee via FASTag at NH fee plazas, National Highways Authority of India (NHAI) has decided to wa.....
Tags : FASTag, Availability, Charge free
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Offences pertaining to demand of dowry are offences against the society(10.02.2020)
Present appeal is directed against the impugned judgment passed by the High Court dismissing the petition filed by the Appellants under Section 482 of.....
Tags : Charge sheet, Quashing, Compromise
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Finance Minister: No Charge on ATM Withdrawals; Complete Waiver of Minimum Balance Charge(25.03.2020)
Finance Minister, Nirmala Sitharaman has announced a complete waiver of minimum balance charges for savings bank accounts for the next 3 months, and f.....
Tags : Finance Minister, Charge on ATM Withdrawals
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Rajasthan HC Directs ICMR to Brief Hospitals to Discharge Completely Cured Corona Affected Patients(25.03.2020)
Rajasthan High Court has asked the Director of the Indian Council of Medical Research (ICMR) to pass necessary instructions to all medical and health .....
Tags : Rajasthan High Court, Discharge of Corona Affected Patients
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For framing of a charge against the accused, not only suspicion but grave suspicion that accused is likely to have committed the offence is required(19.03.2020)
Petitioner impugns order, whereby, the Trial Court has discharged Respondent No. 2 of all charges. Deceased - was married to son of Respondent No. 2. .....
Tags : Suspicion, Discharge, Legality
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Calcutta HC: Granting Bail to Accused Due to Delayed Filing of Chargesheet, Matter of Concern(19.05.2020)
Calcutta High Court has expressed that the failure in recording judicial statements under Section 164 of the Code of Criminal Procedure, 1973 on accou.....
Tags : Calcutta High Court, Delayed Filing of Chargesheet
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SC: 'Patent Illegality' a Ground Available to Set Aside Domestic Arbitral Awards(25.05.2020)
Gujarat High Court has pulled up the Railway authorities for levying charges for transportation of the migrant workers and directed the Railways to ei.....
Tags : Gujarat High Court, Migrants' One Way Charges
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SC Issues Notice to IT Dept on DK Shivakumar's Plea for Discharge from Tax Evasion Charges(21.07.2020)
Supreme Court has issued notice to the Income Tax Department in a plea filed by Karnataka Congress President, DK Shivakumar, urging the removal of cha.....
Tags : Supreme Court, Discharge from Tax Evasion Charges
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MP HC Imposes Installation of Water Harvesting/Recharge System as Bail Condition(10.08.2020)
Madhya Pradesh High Court has directed the Bail applicants to install Water Harvesting System or Water Recharge System in his/her lodge/house in which.....
Tags : Madhya Pradesh High Court, Water Harvesting/Recharge System
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P&H HC: Protective Shield of Law to be Extended to Public Servants to Enable Discharge of Duty(11.08.2020)
Punjab and Haryana High Court has observed that the "protective shield of law" has to be extended to public servants to enable them to effectively dis.....
Tags : Punjab and Haryana High Court, Public Servants, Discharge of Duty
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Orissa High Court Stresses Filing of Chargesheet Within Statutory 180 Days(31.08.2020)
Orissa High Court has stressed upon filing of charge-sheet against accused held under the Narcotic Drugs and Psychotropic Substances Act, 1985 within .....
Tags : Orissa High Court, Filing of Chargesheet
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Kerala HC: Accused Charged with Attempt to Rape Entitled to Statutory Bail(31.08.2020)
Kerala High Court has held that an accused charged for attempt to rape under Section 511 read with Section 376 of the Indian Penal Code, 1860 , is ent.....
Tags : Kerala High Court, Accused Charged with Attempt to Rape
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Madras HC: Advocate Cannot be Made Criminally Liable for Defamation(05.10.2020)
Madras High Court has observed that an advocate who acted professionally as per the instruction of his or her client cannot be made criminally liable .....
Tags : Madras High Court, Advocate, Defamation Charges
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Kerala HC Orders Discharge of Patient Held Hostage by Hospital Over Non-Payment of Bills(26.10.2020)
Kerala High Court has ordered the Hospital, accused of not discharging the patient due to non-payment of medical bills, to immediately discharge the p.....
Tags : Kerala High Court, Discharge of Patient
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MP HC: Charge of Bank on Leasehold Plot Mortgaged as Security Towards Loan to Have Priority(05.11.2020)
Madhya Pradesh High Court has held that a charge of Bank on the leasehold plot mortgaged as security towards loan will have priority over other charge.....
Tags : Madhya Pradesh High Court, Charge of Bank on Leasehold Plot
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Allahabad HC Calls on IO to Explain How Charge-Sheet u/s 34 and 120-B IPC Were Filed(05.11.2020)
Allahabad High Court has called upon the investigating officer and the circle officer attached with Police Station Akhand Nagar, District Sultanpur to.....
Tags : Allahabad High Court, Filing of Chargesheet
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AAAR, Maharashtra: GST on Property Tax, Water Charges, Etc. Amounts to ‘Supply’(13.11.2020)
Appellate Authority of Advance Ruling (AAAR), Maharashtra has upheld the ruling of the Authority of Advance Ruling and has ruled that Goods and Servic.....
Tags : Appellate Authority of Advance Ruling, GST on Property Tax, Water Charges, Etc
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SC Refuses Plea Seeking Declaration of Election of Netas Facing Criminal Charges Null(17.11.2020)
Supreme Court has refused to entertain a plea seeking to declare as ‘null and void’ the election of those against whom charges have been framed for ov.....
Tags : Supreme Court, Election of Netas Facing Criminal Charges
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Insult or Abuse of SC-ST Person within four walls of a house is not an offence under SC-ST Act(05.11.2020)
The challenge in the present appeal is to an order passed by the High Court whereby the petition filed by the Appellant under Section 482 of the Code .....
Tags : FIR, Charge-sheet, Quashing of
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Where no minimum sentence is prescribed, accused is entitled to default bail if charge-sheet not filed in 60 days(04.12.2020)
Accused had moved a petition under Section 167(2) of Code of Criminal Procedure, 1973 (CrPC) to release him, on the ground that, 60 days period having.....
Tags : Charge sheet, Time period, Default bail
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SC: Charge Under Section 149 IPC Can be Altered to Section 34 IPC if Common Intention Proved(14.12.2020)
Supreme Court has held that it is permissible to alter a charge under Section 149 of the Indian Penal Code, 1860 (IPC) to a charge under Section 34 IP.....
Tags : Supreme Court, Charge u/s 149 IPC
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Kerala HC Directs State Police Chief to Expedite Probe in False Rape Charges(23.02.2021)
Kerala High Court has asked the State Police Chief to entrust to a competent officer the investigation of a case registered against a woman who had re.....
Tags : Kerala High Court, Probe in False Rape Charges
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UNHCR Notes Charges of Sedition Against Journalists and Activists as Departure from Human Rights(01.03.2021)
United Nations High Commissioner of Rights has stated that the charges of sedition against journalists and activists for reporting or commenting on th.....
Tags : United Nations High Commissioner of Rights, Charges of Sedition Against Journalists and Activists
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Madras HC: Charge of False Accusation Cannot be Made Against Investigating Officer(01.03.2021)
Madras High Court has held that an officer who conducted investigation or filed a final report pursuant to filing of a criminal complaint cannot be pr.....
Tags : Madras High Court, Charge of False Accusation
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Kerala HC: Charges for Both Murder And Abetment Of Suicide Cannot Coexist(03.03.2021)
Kerala High Court has emphasised that a person could not be charged for murder as well as abetment of suicide simultaneously. The Court has underscore.....
Tags : Kerala High Court, Charges for Both Murder And Abetment Of Suicide
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Discharge under Section 239 of the CrPC can be ordered, when the Magistrate considers the charge against the accused to be groundless(01.03.2021)
The case is instituted upon the complaint filed by the first Respondent ('the complainant'). The offences alleged against the accused in the case are .....
Tags : Evidence, Discharge, Entitlement
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Madras HC Refuses Plea Against Power Consumption Charges for Law Chambers(19.03.2021)
Madras High Court has refused to entertain a case filed by Bar Council of Tamil Nadu and Puducherry (BCTNP) co-chairman G. Mohana Krishnan seeking a d.....
Tags : Madras High Court, Power Consumption Charges for Law Chambers
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Bombay HC Quashes Criminal Proceedings Against Doctor Charged with Culpable Homicide(19.03.2021)
Bombay High Court has quashed criminal proceedings against a junior doctor charged with culpable homicide not amounting to murder for alleged negligen.....
Tags : Bombay High Court, Doctor Charged with Culpable Homicide
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Bombay HC Quashes Criminal Proceedings Against Junior Doctor Charged with Culpable Homicide(22.03.2021)
Bombay High Court has quashed criminal proceedings against a junior doctor charged with culpable homicide not amounting to murder for alleged negligen.....
Tags : Bombay High Court, Junior Doctor Charged with Cupable Homicide
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NGT Directs UP Chief Secretary to Comply with Orders on Discharge of Untreated Sewage(22.03.2021)
National Green Tribunal has asked Uttar Pradesh Chief Secretary to comply with Tribunal's previous orders to evolve mechanism to deal with discharge o.....
Tags : National Green Tribunal, Discharge of Untreated Sewage
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Patna HC Acquits 3 Accused Persons of Rape and Murder Charges of Minor Girl(07.04.2021)
Patna High Court has acquitted three accused persons of the charges of raping and murdering a 13 year old minor girl thereby setting aside the death s.....
Tags : Patna High Court, Rape and Murder Charges of Minor Girl
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Payment of extortion money does not amount to terror funding(09.04.2021)
The Appellant is accused of committing offences under Sections 120B/414/384/386/387 of the Indian Penal Code,1860 (IPC) read with Sections 17/18/21 of.....
Tags : Charge-sheet, Bail, Entitlement
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Kerala High Court Quashes POCSO Charges Against Man After His Marriage to Survivor(27.04.2021)
Kerala High Court has quashed a chargesheet filed by the police in February 2019 against a 22-year-old man charging him with sexual assault and other .....
Tags : Kerala High Court, POCSO Charges Against Man
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Delhi High Court Seeks Data from All Hospitals on Discharge of Covid Patients(03.05.2021)
Delhi High Court has directed all hospitals in the city to submit data from 1st April, 2021 onwards, of all beds that have been occupied for more than.....
Tags : Delhi High Court, Discharge of Covid Patients
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Delhi HC Enquires Over Regulation of Ambulance Charges and Cremation Charges(07.05.2021)
Delhi High Court has asked the Delhi Government to consider regulating ambulance charges and the rates of cremation/ burial of those who have died due.....
Tags : Delhi High Court, Regulation of Ambulance Charges and Cremation Charges
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Orders framing charges or refusing discharge neither interlocutory nor final and not affected by bar under Section 397 (2) of Cr.PC(07.05.2021)
Present appeal emanates from the judgment passed by the High Court whereby a criminal revision against the order of the Chief Judicial Magistrate, ref.....
Tags : Discharge, Refusal, Validity
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Madras HC Suggests Capping of Treatment Charges by Private Hospitals in Tamil Nadu(25.05.2021)
Madras High Court has suggested bringing in a cap on treatment rates charged by private hospitals in the state of Tamil Nadu in a petition seeking fre.....
Tags : Madras High Court, Capping of Treatment Charges by Private Hospitals
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Kerala HC Directs State to Decide on Giving Additional Charge to Director of Mining Department(01.06.2021)
Kerala High Court has directed the State government to revisit its decision to give C.K. Baiju, Director-in-Charge of the Mining and Geology Departmen.....
Tags : Kerala High Court, Additional Charge to Director of Mining Department
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Delhi HC Quashes Orders Restraining Private Schools from Collecting Annual Charges(01.06.2021)
Delhi High Court has quashed two orders issued by the Delhi Government dated 18th April and 28th August 2020 restraining private schools from collecti.....
Tags : Delhi High Court, Restraint on Collection of Annual Charges
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P&H HC Quashes Kidnapping Charges Where Minor Voluntarily Married to Man(08.06.2021)
Punjab & Haryana High Court has quashed kidnapping charges against a man, noticing that the minor girl performed the marriage with the man with her ow.....
Tags : Punjab and Haryana High Court, Kidnapping Charges Against Man
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Karnataka HC: Filing of Common Chargesheet in Different Police Stations Against Law(08.06.2021)
Karnataka High Court has said filing of a common charge-sheet for complaints filed by the individual investors against the same accused in different p.....
Tags : Karnataka High Court, Filing of Common Chargesheet
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CESTAT, Delhi: Manufacturer Entitled to Avail Cenvat Credit on Port Charges(22.06.2021)
Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Delhi has ruled that the manufacturer is entitled to avail cenvat credit on port charges.....
Tags : Customs, Excise, and Service Tax Appellate Tribunal, Cenvat Credit on Port Charges
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Gauhati HC Admits NIA's Appeal Against Discharge of Assam MLA Akhil Gogoi in Chandmari Case(16.07.2021)
Gauhati High Court has admitted National Investigating Agency's appeal against the order of the Special NIA Court discharging him of all the charges i.....
Tags : Gauhati High Court, Discharge of Assam MLA Akhil Gogoi
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ITAT, Bangalore: Income Tax Deduction Not Allowed to Professional Charges Paid for Acquisition(26.07.2021)
Income Tax Appellate Tribunal (ITAT), Bangalore has held that the income tax deduction cannot be allowed to professional and consultancy charges paid .....
Tags : Income Tax Appellate Tribunal, Professional Charges Paid for Acquisition
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Chhattisgarh HC Refuses to Quash FIR Against Senior IPS Officer Charged With Sedition(26.07.2021)
Chhattisgarh High Court has refused to quash an FIR against a suspended Additional DGP, who has been accused of tarnishing the reputation of the Gover.....
Tags : Chhattisgarh High Court, FIR Against Senior IPS Officer Charged With Sedition
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Kerala HC Directs VACB to Conduct Investigation into Charges of Corruption Against Bishwanath Sinha(06.08.2021)
Kerala High Court has directed the Vigilance and Anti-Corruption Bureau (VACB) to conduct and complete the further investigation in three months into .....
Tags : Kerala High Court, Charges of Corruption Against Bishwanath Sinha
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Delhi HC Denies Plea Seeking Waiver of Detention Charges Imposed By ICDs and CFSs(16.08.2021)
Delhi High Court has disposed off a plea filed by traders seeking waiver of penal detention charges and ground rent levied by the Inland Container Dep.....
Tags : Delhi High Court, Waiver of Detention Charges
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SC Stays Coercive Steps by NGT Over Discharge of Untreated Waste into Water Bodies(16.08.2021)
Supreme Court has stayed any coercive steps by the National Green Tribunal against the Municipal Commissioner or Municipal Corporation of Greater Mumb.....
Tags : Supreme Court, Discharge of Untreated Waste into Water Bodies
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Karnataka HC: Supplementary Chargesheet Only Additional Material Collected Against Accused Persons(24.08.2021)
Karnataka High Court has said that the supplementary charge sheet is only an additional material collected against the accused persons and that the pr.....
Tags : Karnataka High Court, Supplementary Chargesheet
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Tripura HC Discharges Machinery Due to Expiry of E-Way Bill on Undertaking(27.08.2021)
Tripura High Court has released the Machinery detained due to the expiry of the E-Way bill on an undertaking stating that if any tax or Penalty is cry.....
Tags : Tripura High Court, Discharge of Machinery Due to Expiry of E-Way Bill
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SC Directs Special Judge to Submit Report on Non-Framing of Charges Against Hameer Ui Uddin(01.09.2021)
Supreme Court has directed the Special Judge, Designated Court, Ajmer, Rajasthan to submit a report to the Top Court explaining as to why charges have.....
Tags : Supreme Court, Non-Framing of Charges Against Hameer Ui Uddin
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Madras HC Stays Order Related to Levy of GST on Flat, Villa Maintenance Charges(10.09.2021)
Madras High Court has stayed a Single Judge Order on levy of Goods and Service Tax on flat, villa maintenance charges. Flat or villa owners paying mor.....
Tags : Madras High Court, Levy of GST on Flat, Villa Maintenance Charges
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SC: Failure of Accused to Discharge Burden Not Relevant in Case Governed by Circumstantial Evidence(16.09.2021)
Supreme Court has observed that the failure of accused to discharge burden under Section 106 of the Evidence Act, 1872 is not relevant in a case gover.....
Tags : Supreme Court, Failure of Accused to Discharge Burden
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Specific role of the accused is not required in granting prior approval under Section 24(1)(a) of the Act, 2000, if material collected by the Investigating Agency reveals close nexus with the accused(21.10.2021)
Present appeals emanate from the judgment passed by the High Court whereby the High Court partly allowed the writ petition and quashed the order issue.....
Tags : Chargesheet, Quashing of, Legality
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SC: If Chargesheet Does Not Reveal Prima Facie Case, Embargo For Bail Won't Apply(29.10.2021)
Supreme Court has held that the embargo for grant of bail under Section 43D(5) of the Unlawful Activities Prevention Act, 1967 will not be attracted i.....
Tags : Supreme Court, Chargesheet
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Key ingredient of having a dishonest or fraudulent intent under sections 405, 419 and 420 of IPC must be established, mere breach of contract is not cheating(26.10.2021)
Present appeal is directed against the judgment and order passed by the High Court filed by the Appellants under Section 482 of the Code of Criminal P.....
Tags : Complaint, Chargesheet, Quashing
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Kerala High Court Clarifies Demand of Gawking Charges to be Penalized(02.11.2021)
Kerala High Court has made it clear that any attempt made in the State to demand gawking charges (popularly known as nokkukooli) will be penalised und.....
Tags : Kerala High Court, Demand of Gawking Charges
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Madras High Court Holds Collection of Cash Handling Charges From Stamp Vendors Illegal(15.11.2021)
Madras High Court has ruled that the practice of collecting cash handling charges from stamp vendors who deposit money through treasury challans into .....
Tags : Madras High Court, Collection of Cash Handling Charges From Stamp Vendors
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Non recovery of weapon is not ground for not framing charges under Section 397 Of IPC(08.11.2021)
Present petition is directed against the order passed by the learned District and Sessions Judge, arising out of FIR, registered at Police Station for.....
Tags : Weapon, Non-recovery, Charges, framing of
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Ministry of Commerce and Industries Revises User Charges for SEZ-Online Services(03.12.2021)
Ministry of Commerce and Industries has notified the revised user charges for SEZ-Online services will be as under and would be effective from Novembe.....
Tags : Ministry of Commerce and Industries, User Charges for SEZ-Online Services
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Ministry of Commerce And Industries revises user charges for SEZ-online service(02.12.2021)
Ministry of Commerce and Industries has notified the revised user charges for SEZ-Online services that would be effective from November 15, 2021. Depa.....
Tags : User charges, Review, Circular
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Calcutta HC Acquits Man of Rape Charges on Failure to Fructify Promise to Marry(09.12.2021)
Calcutta High Court has acquitted a man of rape charges while noting that it would be incorrect to punish someone for the offence of rape if the promi.....
Tags : Calcutta High Court, Acquittal of Man of Rape Charges
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SC: Consumer Case Not Maintainable Over Medical Services Given Free of Charge(10.12.2021)
Supreme Court has reiterated that service rendered by medical officers on behalf of a Hospital, free of cost, would not fall within the ambit of Secti.....
Tags : Supreme Court, Medical Services Given Free of Charge
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AAR, Telangana: ITC Can be Availed on GST Charged by Contractor Supplying Service of Works(14.12.2021)
Authority of Advance Ruling (AAR), Telangana has ruled that input tax credit can be availed on goods and services tax (GST) charged by contractor supp.....
Tags : Authority of Advance Ruling, GST Charged by Contractor Supplying Service of Works
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AAR, Telangana: ITC Can be Availed on GST Charged by Contractor Supplying Service of Works(14.12.2021)
Authority of Advance Ruling (AAR), Telangana has ruled that input tax credit can be availed on goods and services tax (GST) charged by contractor supp.....
Tags : Authority of Advance Ruling, GST Charged by Contractor Supplying Service of Works
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AAR, Maharashtra: GST on Electricity and Water Charges Reimbursable in Nature(20.12.2021)
Authority of Advance Ruling (AAR), Maharashtra has held that goods and services tax (GST) payable on Electricity charges and Water charges as per met.....
Tags : Authority of Advance Ruling, GST on Electricity and Water Charges
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Madras HC: Right to Default Bail Not Extinguished With Simultaneous Filing of Chargesheet(20.12.2021)
Madras High Court has delved deep into the statutory provisions and precedents that determine the four corners of default bail under Section 167(2) of.....
Tags : Madras High Court, Simultaneous Filing of Chargesheet
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SC: Husband Having Pre-Marital Affairs Not Sufficient Grounds for Kidnapping, Rape Charges(27.12.2021)
Supreme Court has observed that husband having some pre-marital love affairs can hardly be a case under Section 376 of the Indian Penal Code, 1860, wh.....
Tags : Supreme Court, Grounds for Kidnapping, Rape Charges
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ITAT, Mumbai: Transponder Charges Not in Nature of Royalty Income(27.01.2022)
Income Tax Appellate Tribunal (ITAT), Mumbai has held that the transponder charges are not in the nature of royalty income as per the provisions of th.....
Tags : Income Tax Appellate Tribunal, Transponder Charges
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NCDRC: Builder Can't Levy Maintenance Charge on Flat Purchasers Without Occupancy Certificate(27.01.2022)
National Consumer Disputes Redressal Commission (NCDRC) has held that in the absence of obtaining an occupancy certificate, maintenance on the project.....
Tags : National Consumer Disputes Redressal Commission, Maintenance Charge on Flat Purchasers
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Jharkhand HC: Defence Of Accused Cannot Be Put Forth At The Stage Of Framing Of Charges(28.01.2022)
Jharkhand High Court declined to quash criminal proceedings against a public servant, where the trial has already begun noting that at the stage of fr.....
Tags : Jharkhand High Court, Framing of Charge, Trial
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Criminal complaint cannot be quashed only on the basis that the allegations made therein appear to be of a civil nature(24.01.2022)
By invoking the inherent power of this Court, the instant petition has been preferred by Petitioner- a under Section 482 of Code of Criminal Procedure.....
Tags : Quashment, Charges, Grant
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Calcutta High Court: Magistrate Has to Record Reasons While Discharging Accused(04.02.2022)
Calcutta High Court has held that a Magistrate while discharging an accused under Section 245(2) of Code of Criminal Procedure, 1973 has to record rea.....
Tags : Calcutta High Court, Discharge of Accused
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Clarification regarding applicability of Social Welfare Surcharge on goods exempted from basic and other customs duties/cesses(01.02.2022)
1. References have been received seeking clarification on the issue of applicability of Social Welfare Surcharge (SWS) on goods that are exempted from.....
Tags : Clarification, Applicability, Social Welfare Surcharge
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Gujarat HC Declines Permission to Reconnect Sewer Lines for Discharge of Industrial Effluents(14.02.2022)
Gujarat High Court has stressed the significance of effluent management in the textile industries discharging wastewater in the Sabarmati River, empha.....
Tags : Gujarat High Court, Discharge of Industrial Effluents
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Karnataka HC Directs BBMP to Lodge FIR Against Contractor on Charges of Misappropriation(17.02.2022)
Karnataka High Court has directed the Bruhat Bengaluru Mahanagara Palike (BBMP) Commissioner to lodge a FIR against M/S Simplex Infrastructures Ltd., .....
Tags : Karnataka High Court, Charges of Misappropriation
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Orissa HC: Extension Beyond Statutory Period in Submitting Chargesheet Cannot Be Granted(02.03.2022)
Orissa High Court has reiterated that it is mandatory to issue notice and provide fair hearing to accused before extending time beyond statutory perio.....
Tags : Orissa High Court, Extension for Submitting Chargesheet
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Allahabad HC: In Application for Discharge, Court Only to See Prima Facie Case Made Out(15.03.2022)
Allahabad High Court has reiterated that while dealing with an application for discharge under Section, the Court is required to only see whether a pr.....
Tags : Allahabad High Court, Application for Discharge
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Breach of contract cannot give rise to criminal prosecution for cheating(22.03.2022)
Present appeal is directed against the judgment passed by the High Court filed by the Appellants praying for quashing of proceedings pending before th.....
Tags : Charge sheet, FIR, Validity
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Delhi HC: Income Earned From Service Charges by NGO From its Donor Is Charitable in Nature(05.04.2022)
Delhi High Court has observed that the Income earned from charging Service Charges by Non Governmental Organization from its donor is Charitable in Na.....
Tags : Delhi High Court, Service Charges, Non Governmental Organization
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Delhi HC: Elaborate Investigation at Stage of Framing Charges Discouraged(05.04.2022)
Delhi High Court has held that an investigation into the offence and elaborate appreciation of evidence is not important and is rather not encouraged .....
Tags : Delhi High Court, appreciation of evidence, framing of charges, prima facie
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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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CESTAT, Mumbai: Lehman Brothers Securities Eligible for Service Tax Refund Claim(08.04.2022)
Customs, Excise and Service Tax Appellate Tribunal, Mumbai has ruled that Lehman Brothers Securities Pvt Ltd, is entitled for the refund claim of Serv.....
Tags : Customs, Excise and Service Tax Appellate Tribunal, Mumbai, Lehman Brothers Securities Pvt Ltd, Service Tax, legal consultancy services, Reverse Charge Mechanism, winding up
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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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CESTAT, Mumbai: Lehman Brothers Securities Eligible for Refund of Service Tax(11.04.2022)
Customs Excise and Service Tax Appellate Tribunal, Mumbai has observed that Lehman Brothers Securities Pvt Ltd is entitled for the refund claim of Ser.....
Tags : Customs Excise and Service Tax Appellate Tribunal, Lehman Brothers Securities Pvt Ltd, Service Tax, legal consultancy, Reverse Charge Mechanism
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CESTAT, Ahmedabad: No Service Tax on Electricity Charges Reimbursed to Service Provider(13.04.2022)
Customs, Excise, and Service Tax Appellate Tribunal, Ahmedabad has observed that service tax cannot be levied on reimbursement of electricity charges .....
Tags : Customs, Excise, and Service Tax Appellate Tribunal, service tax, electricity charges
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Orissa HC: Pre-Payment Charges Can’t Be Imposed Without Giving Prior Information(13.04.2022)
Orissa High Court has held that pre-payment charges cannot be imposed by the banks without furnishing prior information about the same.
Tags : Orissa High Court, pre-payment charges, information
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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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Allahabad HC: Police Can Continue Investigation Even After Chargesheet Filed and Cognizance Taken(25.04.2022)
Allahabad High Court has observed that police have unfettered powers of investigation and such investigation can continue even after the charge sheet .....
Tags : Allahabad High Court, Investigation, Chargesheet, Cognizance
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Allahabad HC Imposes Cost on Woman for False Rape Charges Against Husband Before Marrying Him(25.04.2022)
Allahabad High Court has quashed an FIR lodged pursuant to the false allegations of rape made by a woman, who later on, got married to the accused, as.....
Tags : Allahabad High Court, False Rape Charges, Marriage
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Orissa HC: Date of Submission of Chargesheet is Only Relevant Date for Grant of Default Bail(25.04.2022)
Orissa High Court has held that date of submission of chargesheet is the only relevant date that should be taken into consideration while granting def.....
Tags : Orissa High Court, Date of Submission of Chargesheet, Grant of Default Bail
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Rajasthan HC: Medical Evidence Cannot be Doubted at Stage of Framing of Charges(25.04.2022)
Rajasthan High Court has observed that medical evidence cannot be doubted, that too, at the stage of framing of charges, where as per the settled law .....
Tags : Rajasthan High Court, Medical Evidence, Stage of Framing of Charges
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TDS not liable to be deducted on Advertisement Expenses paid to Online Platforms(20.04.2022)
The assessee company is engaged in the business of providing services in connection with marriage alliance and related services. The company markets i.....
Tags : Advertisement charges, TDS
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AP HC: Plea of Alibi Can’t be Taken Into Consideration at Pre-Trial Stage as it’s Disputed(29.04.2022)
Andhra Pradesh High Court has dismissed the petition for discharge of accused on his plea that he was not present during the commission of the offence.....
Tags : Andhra Pradesh High Court, plea of alibi, question of fact, framing of charges
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Defence of an accused is not to be considered while framing charges(26.04.2022)
Present petition has been filed under Article 227 of the Constitution of India read with Section 482 of Code of Criminal Procedure, 1973 (CrPC) prayin.....
Tags : Charge, Framing, Legality
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AAR, Gujarat: No GST Leviable on Amount Representing Employees Portion of Canteen Charges(03.05.2022)
Authority of Advance Ruling, Gujarat has ruled that no Goods and Services Tax is leviable in the hands of the employer on an amount in lieu of the emp.....
Tags : Authority of Advance Ruling, Goods and Services Tax, canteen charges
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Calcutta HC Allows CBI to Commence Fresh Investigation Even After Filing of Charge Sheet(06.05.2022)
Calcutta High Court has upheld a Single Judge order allowing the Central Bureau of Investigation to take up investigation regarding a case pertaining .....
Tags : Calcutta High Court, Central Bureau of Investigation, West Bengal post, poll violence, charge sheet
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CESTAT, Mumbai Allows Refund of CENVAT Credits on Service Tax Paid on Import of Services(11.05.2022)
Customs, Excise and Service Tax Appellate Tribunal, Mumbai has allowed the refund of CENVAT credits against payment of Service Tax paid during the Goo.....
Tags : Customs, Excise and Service Tax Appellate Tribunal, CENVAT credits, Service Tax, Goods and Service Tax, Reverse Charge Mechanism
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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: SI Authorized to Investigate and File Charge-Sheet(30.05.2022)
Karnataka High Court has held that a Police Sub-Inspector is empowered to investigate and file charge sheet, and therefore criminal proceedings cannot.....
Tags : Karnataka High Court, Sub-Inspector, Charge-sheet
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Delhi Court Upholds Order Discharging Arvind Kejriwal, Manish Sisodia and Others in Assault Case(09.06.2022)
Delhi Court has dismissed the revision petition filed by Former Delhi Chief Secretary Anshu Prakash challenging the order discharging Chief Minister A.....
Tags : Delhi Court, Assualt, Discharge
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Delhi HC: Supplementary Chargesheet Must Disclose Novel Evidence(14.06.2022)
Delhi High Court has held that where no new evidence has been discovered by the further investigation, any cognizance taken by the Magistrate may be s.....
Tags : Delhi High Court, Charge Sheet, Cognizance
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Magistrate can discharge the accused at any stage of the trial if he considers the charge to be groundless(10.06.2022)
The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) has been filed on behalf of the petitioner seeking an order allo.....
Tags : Charges, Proceedings, Quashing of
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NAA Upholds Profiteering Charges Against L’Oréal(27.06.2022)
National Anti-profiteering Authority (NAA) has upheld the profiteering charges against M/s L’Oréal and determines the amount of profiteering as Rs. 1,.....
Tags : National Anti-profiteering Authority, Profiteering Charges
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Rajasthan HC: Police to Charge Married Couple for Police Protection if it Has Adequate Income(27.06.2022)
Rajasthan High Court has held that if the petitioner's income is more than taxable income under the Income Tax Act, Superintendent of Police after con.....
Tags : Rajasthan High Court, Taxable Income, Financial Charge
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Kar. HC: Accused Can't be Convicted for Charge Which is Not Framed by Trial Court(30.06.2022)
Karnataka High Court has set aside the conviction under the Prevention of Food Adulteration Act by the trial court for a charge which it did not frame.....
Tags : Karnataka High Court, Conviction, Charge
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CESTAT: No Service Tax on Ocean Freight Charges Under The Head ‘BAS’(04.07.2022)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Chennai Bench has held that no service tax applicable on ocean freight charges under the .....
Tags : CESTAT, Service Tax, Ocean Freight Charges
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Allahabad HC: Subsequent Filing of Chargesheet Can't Defeat Right of Accused for Default Bail(04.07.2022)
Allahabad High Court has held that an accused gets an indefeasible right to 'default bail' if he makes an application after the maximum period for inv.....
Tags : Allahabad High Court, Default Bail, Chargesheet
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CCPA: Hotels/Restaurants Can't Add Service Charge Automatically or by Default in Bill(05.07.2022)
Central Consumer Protection Authority (CCPA) has issued an order barring Hotels and restaurants from levying service charges automatically or by defau.....
Tags : Central Consumer Protection Authority, Service Charge, Default
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Madras HC: No Court Order Required to Decide Internal Issue of Designated Committee(08.07.2022)
Madras High Court while directing Sabka Vishwas Scheme Designated Committee to issue discharge certificate in Form-4, has held that no Court order is .....
Tags : Madras High Court, Designated Committee, Discharge Certificate
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SC: False Charge U/S 211 IPC Refers To Initial Accusation & Not False Evidence Adduced During Trial(15.07.2022)
Supreme Court has held that the expression 'falsely charges' in Section 211 of the Indian Penal Code (IPC) refers to the initial accusation which puts.....
Tags : Supreme Court, False Charge, Trial
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P&H HC: Electricity Consumer Liable to Pay Surcharge if Consumption in Excess of Sanctioned Load(18.07.2022)
Punjab and Haryana High Court has held that in case of electricity consumption beyond the sanction load, the electricity consumer is liable to pay pen.....
Tags : Punjab and Haryana High Court, Electricity Consumer, Demand Surcharge
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Delhi HC Stays Ban on Levy of Service Charge by Restaurants on Food Bills(20.07.2022)
Delhi High Court has stayed Central Consumer Protection Authority’s (CCPA) guidelines that prohibited hotels and restaurants from levying service char.....
Tags : Delhi High Court, CCPA, Service Charge
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ITAT: Lease Rental on Equipment Paid Without Acquiring Ownership is Revenue Expenditure(21.07.2022)
Income Tax Appellate Tribunal (ITAT) held that lease charges paid for the use of the asset, without acquiring any ownership rights in the same, are al.....
Tags : ITAT, Lease Charges, Revenue Expenditure
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If there is no sanction, no cognizance of the complaint can be taken by trial Court and complaint cannot be proceeded further(19.07.2022)
The Petitioner has been arrayed as an accused in complaint case which has been filed against him as well as the company ASM Traxim Pvt Ltd. for violat.....
Tags : Charges, Cognizance, Legality
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Court while passing an order on charges is not expected to weigh the evidence as if trial is being conducted(19.07.2022)
Present revision is directed against the order on charge and consequent framing of charge against the Petitioner, by the learned Additional Sessions J.....
Tags : Charge, Framing of, Legality
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J&K&L HC: Charge-Sheet in Photostat Copies Cannot be Termed as Incomplete For Grant of Default Bail(29.07.2022)
Jammu & Kashmir & Ladakh High Court has held that a charge-sheet even in the form of its photostat copies when placed on record cannot be termed as in.....
Tags : Jammu & Kashmir & Ladakh High Court, Charge-Sheet, Bail
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Delhi HC: Disciplinary Authority of Organization Can Issue Chargesheet Against Employee's Misconduct(03.08.2022)
Delhi High Court has held that once the employee is sent back to his parent department, it is the competent disciplinary authority of the parent organ.....
Tags : Delhi High Court, Disciplinary Authority, Chargesheet
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Del HC: Voice Sample of Accused Can be Obtained After Filing of Charge Sheet With Court's Permission(08.08.2022)
Delhi High Court has held that framing of charges cannot defeat the right of the prosecution to obtain an expert opinion on voice samples that it had .....
Tags : Delhi High Court, Framing of Charges, Voice Samples, Expert Opinion
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Guj. HC: Court Must be Satisfied of Prima Facie Case Against Accused While Framing Charges(09.08.2022)
Gujarat High Court has held that only a prima facie involvement of the accused in an alleged crime is required for framing of charges and the Court ne.....
Tags : Gujarat High Court, Charges, Prima Facie, Evidence
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Delhi HC: Charges Can be Framed Only on Material, Not on Speculation(09.08.2022)
Delhi High Court while quashing a trial court order that had framed charges against a chartered accountant in a disproportionate assets case, has held.....
Tags : Delhi High Court, Charges, Disproportionate Assets Case
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Kar. HC: Denial of Chargesheet Material to Accused Results in Unfair Trial(16.08.2022)
Karnataka High Court has held that a petitioner/accused would become entitled to all copies of the charge sheet material, denial of which would undoub.....
Tags : Karnataka High Court, Charge Sheet Material, Unfair Trial
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Reserve Bank of India releases Discussion Paper on Charges in Payment Systems(17.08.2022)
1. As announced in the Statement on Developmental and Regulatory Policies dated December 08, 2021, the Reserve Bank of India (RBI) has today released .....
Tags : Discussion Paper, Charges, Payment Systems
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Writ jurisdiction is a discretionary remedy which should be sparingly exercised(24.08.2022)
In facts of present case, the Petitioner approached this Court seeking issuance of a writ of certiorari for quashing the Charge Memorandum dated 13th .....
Tags : Charge Memorandum, Proceedings, Quashing of
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SC: Court Can Only Look Into Prima Facie Case & Decide if Prosecution Case is Groundless(06.09.2022)
Supreme Court while explaining the scope of exercise of power to discharge an accused under Section 239 of CrPC, has held that only consideration at t.....
Tags : Supreme Court, Discharge, Groundless
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Leave to appeal must not be granted, unless the court is satisfied that the ground has a reasonable prospect of succeeding(19.09.2022)
The Appellant lodged an appeal against the decision by a magistrate to convict the Appellant of an offence contrary to Section 218(b) of the Planning .....
Tags : Charge, Simple offence, Conviction
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Manipur HC: Indian Women Will Not Concoct Untruthful Story of Rape for Blackmail or Revenge(31.10.2022)
Manipur High Court while dismissing anticipatory bail applications filed by rape accused has held that an Indian woman traditionally will not bring fa.....
Tags : Manipur High Court, False Charges, Rape
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Orissa HC Refuses to Discharge Ex-AG Ashok Mohanty in Case Linked With Artha Tatwa Scam(31.10.2022)
Orissa High Court has denied relief to former Orissa Advocate General (AG) Ashok Mohanty, by rejecting his revision petition against Trial Court order.....
Tags : Orissa High Court, Discharge, Artha Tatwa Scam
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SC: Rape Victim's Statement Mustn’t be Disclosed to Anyone Including Accused Till Charge-Sheet Filed(03.11.2022)
Supreme Court has held that rape victim's statement made under Section 164 CrPC should not be disclosed to any person including accused till charge-sh.....
Tags : Supreme Court, Rape Victim, Statement, Charge-Sheet
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Delhi Court Frames Charges Against Tahir Hussain in Delhi Riots Case(07.11.2022)
Karkardooma Court, Delhi has framed charges against former Aam Aadmi Party Councillor Tahir Hussain and seven other men in the case alleging that a Kh.....
Tags : Delhi Court, Delhi Riot, Charges
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Previous sanction for prosecution of the public servant is necessary whether the act or omission for which the accused is charged, has a reasonable nexus with discharge of official duty(15.11.2022)
Present is an application under Section 482 of the Code of Criminal Procedure, 1973 ('CrPC') seeking discharge. The applicant (accused No. 13) has ini.....
Tags : Discharge, Entitlement, Sanction
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Kerala HC: Police Can Include Relevant Material During Further Investigation(22.11.2022)
Kerala High Court has held that inclusion of materials in additional charge sheet, that are subsequent to filing of initial final report, is legally p.....
Tags : Kerala High Court, Charge Sheet, Investigation
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Delhi HC: Victim's Statement U/S 164 CrPC Disclosing Offence of Rape Sufficient to Frame Charges(24.11.2022)
Delhi High Court has held that victim's statement under Section 164 CrPC disclosing the offence of rape shall be sufficient to frame charges against t.....
Tags : Delhi High Court, Rape, Charges
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SC Asks Trial Court to Frame Charges in Case Against Ashish Mishra(28.11.2022)
Supreme Court has directed trial court to frame charges against Ashish Mishra in connection with the farmer killings in Lakhimpur Kheri.
Tags : Supreme Court, Charges, Lakhimpur Kheri
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Bom. HC: Informant Is Entitled to Opportunity of Hearing in Discharge Application of Accused(08.12.2022)
Bombay High Court has held that first informant has a right to opportunity of hearing in the discharge application filed by the accused before the Cou.....
Tags : Bombay High Court, Discharge Application, Informant
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Once an alibi has been raised, the alibi has to be accepted, unless it can be proven as false beyond a reasonable doubt(01.12.2022)
On 3 July 2016, in the early evening at approximately 18h00, a group of men arrived at the Mall of Africa taxi rank in Midrand in a white VW Polo moto.....
Tags : Charges, Conviction, Legality
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SC: Accused's Plea on Applicability of S. 300 CrPC Has to be Considered at Discharge Stage(13.12.2022)
Supreme Court has held that the accused's plea on applicability of Section 300 CrPC has to be considered at the stage of discharge under Section 227 C.....
Tags : Supreme Court, Discharge Stage, Section 300 CrPC
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SC: After Presentation of Chargesheet Default Bail Can be Cancelled on Merits(16.01.2023)
Supreme Court has held that there is no absolute bar that once a person is released on default bail, it cannot be cancelled on merits and grounds like.....
Tags : Supreme Court, Default Bail, Chargesheet
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SC: Default Bail Can be Cancelled Based on Reasons Made Out in Chargesheet(17.01.2023)
Supreme Court has held that if special reasons are made out from the chargesheet and the chargesheet reveals commission of non-bailable crime, default.....
Tags : Supreme Court, Default Bail, Non-Bailable Offence, Chargesheet
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SC: Chargesheet Not a Public Document(20.01.2023)
Supreme Court while observing that Chargesheets are not public documents has held that investigating agencies can’t be directed to upload chargesheets.....
Tags : Supreme Court, Chargeshets, Public Document
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SC: Mere Framing of Charges No Bar to Order Further Investigation(27.02.2023)
Supreme Court while observing that victim has a fundamental right of fair investigation and fair trial has held that mere filing of the chargesheet an.....
Tags : Supreme Court, Framing of Charges, Investigation
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Del. HC Partially Allows Plea Against Discharge of Sharjeel Imam & Others in Jamia Violence Case(28.03.2023)
Delhi High Court while partially allowing petition against discharge of Sharjeel Imam, Safoora Zargar, Asif Iqbal Tanha and eight others in Jamia viol.....
Tags : Delhi High Court, Discharge, Sharjeel Imam, Jamia Violence Case, Violent Speeches
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Mumbai Court: Woman Groped on Street Can't be Prosecuted as Participant to Crime(12.04.2023)
Mumbai Sessions Court while upholding discharge of Shilpa Shetty in a 2007 obscenity case has observed that a woman being groped on the street can’t n.....
Tags : Mumbai Sessions Court, Obscenity, Shilpa Shetty, Discharge
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Mumbai Court: Woman Groped on Street Can't be Prosecuted as Participant to Crime(12.04.2023)
Mumbai Sessions Court while upholding discharge of Shilpa Shetty in a 2007 obscenity case has observed that a woman being groped on the street can’t n.....
Tags : Mumbai Sessions Court, Obscenity, Shilpa Shetty, Discharge
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Delhi HC to Hotels/Restaurants: Don’t Mislead Consumers on Service Charge Using Interim Stay(12.04.2023)
Delhi High Court has clarified that the interim order shall not be shown in the display board or menu card in a manner to mislead the consumer that th.....
Tags : Delhi High Court, Service Charge, Consumer
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SC: Public Prosecutors Should be Vigilant While Framing of Charges(18.04.2023)
Supreme Court has observed that apart from the duty of the Trial Court, even the public prosecutor has a duty to be vigilant, and if a proper charge i.....
Tags : Supreme Court, Public Prosecutors, Framing of Charges
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SC: Filing Incomplete Chargesheet Without Investigation Won’t Extinguish Right to Get Default Bail(26.04.2023)
Supreme Court has held that if investigating agency files a chargesheet without completing investigation, the same would not extinguish the right of t.....
Tags : Supreme Court, Chargesheet, Default Bail
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Cal HC: Order Extending Detention U/S 36A NDPS Act Can’t be Challenged Once Chargesheet is Filed(27.04.2023)
Calcutta High Court while observing that upon conclusion of investigation and submission of chargesheet, order extending detention under Section 36A o.....
Tags : Calcutta High Court, NDPS, Detention, Chargesheet
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SC: Service Rendered as Work Charged Employee Cannot be Counted for the Purpose of Pension(01.05.2023)
Supreme Court while observing that work charged employees are not appointed on a substantive post, has held that services rendered as work charged can.....
Tags : Supreme Court, Work Charged Employee, Pension
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SC: Chargesheet Can’t be Said to be Incomplete Merely Because it was Filed Without Sanction(01.05.2023)
Supreme Court while observing that merely because chargesheet was filed without it can’t be considered an incomplete chargesheet, has held that accuse.....
Tags : Supreme Court, Chargesheet, Sanction, Default Bail
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Levy of charges on forex prepaid cards/store value cards/travel cards, etc.(09.05.2023)
1. Attention of Authorised Dealers is invited to relevant instructions contained in A.P. (DIR Series) Circular No. 46 dated June 14, 2005 and A.P. (DI.....
Tags : Levy, Charges, Cards
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Ker. HC: If Teacher is Convicted on Cr. Charge, Aided School Not Bound by Procedure for Dismissal(16.05.2023)
Kerala High Court has held that if a teacher in an aided school is convicted for a criminal charge, the school is not bound to follow the procedure of.....
Tags : Kerala High Court, Criminal Charge, Kerala Education Rules, Teacher, Dismissal
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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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Del. HC Imposes Cost on Restaurants Assoc. for Not Complying With Order on Service Charge(28.07.2023)
Delhi High Court while providing last opportunity to Restaurant Associations for filing affidavits in compliance of the order on Service Charge, has i.....
Tags : Delhi High Court, Service Charge, Restaurant Associations
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Interlocutory application seeking discharge in the midst of trial is not maintainable(03.08.2023)
The Appellant by way of instant appeal has assailed the judgment and order passed by the High Court whereby the High Court has allowed the said petiti.....
Tags : Trial, Discharge, Legality
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SC: Not Illegal to File Chargesheet in a Language Which the Accused Doesn’t Understand(28.08.2023)
Supreme Court has observed that there is no provision in CrPC which requires chargesheet to be filed in language of the Court determined as per Sectio.....
Tags : Supreme Court, Chargesheet, Language
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Cal. HC: Lab Report Can’t be Filed Through Supplementary Chargesheet(28.08.2023)
Calcutta High Court while observing that Chemical Examination Report is the most vital piece of evidence in NDPS Case and therefore can’t be filed thr.....
Tags : Calcutta High Court, Supplementary Chargesheet, NDPS
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SC: HC Can Exercise Power U/S 482 CrPC Even When Chargesheet filed During Pendency of Plea(01.09.2023)
Supreme Court has observed that it is a well settled law that the High Court would continue to have the power to entertain and act upon a petition fil.....
Tags : Supreme Court, Chargesheet, Section 482 CrPC
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SC: S.162 CrPC Doesn’t Prevent Judge from Looking into the Papers of Chargesheet Suo Moto(05.09.2023)
Supreme Court has held that nothing in Section 162 CrPC prevents a Trial Judge from looking into papers of chargesheet suo moto and himself using the .....
Tags : Supreme Court, Section 162 CrPC, Suo Moto, Charge sheet
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Del. HC: Service Charge Can’t be More Than 10% of Total Bill Excluding GST(07.09.2023)
Delhi High Court while directing members of Federation of Hotel and Restaurant Associations of India to only use the term ‘Staff Contribution’ in plac.....
Tags : Delhi High Court, Service Charge, Staff Contribution
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Del. HC: Accused Entitled to Default Bail if Prosecution Files Preliminary or Incomplete Chargesheet(18.09.2023)
Delhi High Court has held that right of an accused to default bail under Section 167(2) of CrPC would arise in a case where the chargesheet is not fil.....
Tags : Delhi High Court, Default Bail, Chargesheet
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Common maintenance charges cannot be termed as the income of the assessee(28.09.2023)
The only dispute raised by the assessee is against the taxation of maintenance charges in its hands as income from house property. The Assessing Offic.....
Tags : Maintenance charges, tax, Levy
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SC: Acquittal by Court Doesn’t Lead to Automatic Discharge in Disciplinary Proceedings(06.10.2023)
Supreme Court has held that acquittal in criminal proceedings does not entitle the delinquent employee for any benefit in the latter or automatic disc.....
Tags : Supreme Court, Disciplinary Proceedings, Discharge
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SC: Accused has No Right to Produce Any Material at Time of Framing of Charge and Taking Cognizance(12.10.2023)
Supreme Court has held that at the time of framing of charge and taking cognizance, the accused has no right to produce any material and call upon the.....
Tags : Supreme Court, Framing of Charge, Chargesheet
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SC: Departmental Proceeding is Initiated Only When a Chargesheet is Issued(16.10.2023)
Supreme Court has held that the departmental proceeding is not initiated merely on the issuance of a show cause notice, it is initiated only when a ch.....
Tags : Supreme Court, Departmental Proceeding, Chargesheet
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SC: Omission to Frame Charge Doesn’t Disable Court from Convicting for Offence Proved by Evidence(23.10.2023)
Supreme Court has held that mere omission on part of trial judge to mention Section 306 IPC with 498A would not preclude Court from convicting accused.....
Tags : Supreme Court, Charge, Omission
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SC Expresses Reservation with Precedent Limiting Scope of High Courts in Deciding Discharge Appln(30.11.2023)
Supreme Court has expressed reservations with the precedent in Minakshi Bala v. Sudhir Kumar (MANU/SC/0702/1994), which limited/restricted the scope o.....
Tags : Supreme Court, Discharge Application, Precedent
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SC: No Obligation to Frame Charges if Offence Not Made Out from Evidence Admitted by Prosecution(05.12.2023)
Supreme Court has held that if the necessary ingredients of an offence are not made out from the admitted evidence of the prosecution, then the Court .....
Tags : Supreme Court, Charges, Evidence, Prosecution
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Tel. HC: If Clean Chit Given in Chargesheet, Magistrate Can’t Take Cognizance Based on SP’s Note(02.01.2024)
Telangana High Court has held that note of the Superintendent of Police (SP) on the charge sheet will not suffice for the magistrate to take cognizanc.....
Tags : Telangana High Court, Cognizance, Charge Sheet
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SC: Cognizance of Suppl. Charge-Sheet Can’t be Taken if it Lacks Fresh Oral or Documentary Evidence(24.01.2024)
Supreme Court has observed that a Judicial Magistrate would not be allowed to take cognizance of a supplementary charge-sheet submitted after further .....
Tags : Supreme Court, Documentary Evidence, Supplementary Charge-Sheet
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All. HC Directs Reinstatement as Enormity of Charges Doesn’t License Employer to Jump to Conclusion(31.01.2024)
Allahabad High Court while directing the reinstatement of the employee has held that the seriousness or enormity of the charge does not license the em.....
Tags : Allahabad High Court, Enormity of Charge
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SC: HC Can Examine If Offence is Made Out, Even If, CS Filed During Pendency of Quashing Petition(05.02.2024)
Supreme Court has observed that if the charge sheet (CS) is filed against the accused during the pendency of the petition for quashing of the First In.....
Tags : Supreme Court, Charge Sheet, Pendency of Quashing Petition
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Ker. HC: Accused’s Right to Fair Trial Affected If Plea of Guilt Extends to Altered Charges(08.02.2024)
Kerala High Court has held that if an accused pleads guilty to a particular offence then the plea of guilt shall not extend to new offences invoked up.....
Tags : Kerala High Court, Alteration of Charge
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Delhi High Court: Chargesheet Not to Be Invalidated For Absence of Documents Relied in it(12.02.2024)
Delhi High Court while observing that although a chargesheet should be accompanied with all the documents relied on by the party, has held that if on .....
Tags : Delhi High Court, Chargesheet, Absence of Documents
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When the finding of guilt recorded by the Inquiry Officer is based on perverse finding the same can always be interfered(15.02.2024)
The District Judge placed the appellant under suspension vide order and initiated a departmental inquiry. The Inquiry Officer vide memorandum served t.....
Tags : Termination, Charges, Proof
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Ker HC: In Non-Performance of Agreement, Buyer to Get Charge Over Property For Paying Purchase Price(01.03.2024)
Kerala High Court has held that where the non-performance is not due to fault of the buyer and seller, or where both are at blame/default, it cannot b.....
Tags : Kerala High Court, Non-Performance, Charge Over Property
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SC: Police Officers Submitting Chargesheets Must Abide by Requirements Given u/s 173(2) of CrPC(13.03.2024)
Supreme Court has held that police officers while discharging their duties regarding submission of chargesheets must comply with the mandatory require.....
Tags : Supreme Court, Section 173(2) of CrPC, Chargesheets
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If a service is rendered, but no consideration is received, service tax cannot be charged(27.03.2024)
In present matter, Pharmax Corporation Ltd. provides various services and pays service tax on them. During the course of audit and scrutiny of balance.....
Tags : Consideration, Charge, Levy
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