26 May 2020

Search Results for Tag : Direction


Fundamental rights and human rights cannot be ignored only because of adverse circumstances(03.10.2016)

Issue involved in instant Petition is relating to over-crowding in prisons. Supreme Court by order dated 5th February, 2016 had given directions which.....

Tags : Prisons, Over-crowding, Direction


Construction prohibited upto 200 metres from High Tide Line, such structures required to be demolished(07.10.2016)

In present case, Tribunal held that structure as existed prior to 19th February, 1991, on plot of land, falling within 100 metres distance (in CRZ III.....

Tags : Direction, Structure, Demolition


No right ensure in favour of occupants on a public property, when no formal lease deed executed and permission not obtained from State Government(07.10.2016)

Appellant is aggrieved by direction of High Court to the Collector. Respondent No. 1 had filed a Writ Petition as Public Interest Litigation for issua.....

Tags : Illegal Encroachment, Removal, Direction


Reasoning or rationing must be accorded by CIC while ordering disclosure of any information(08.11.2016)

Petitioner seeks quashing of order passed by Central Information Commission allowing appeal of Respondent and directing Petitioner to provide informat.....

Tags : Information, Disclosure, Directions


24-week pregnancy allowed to be terminated on ground of danger to life and certain inability of fetus to survive extra uterine life(16.01.2017)

Petitioner No.1 approached this Court under Article 32 of Constitution of India seeking directions to Respondents to allow her to undergo medical term.....

Tags : Pregnancy, Termination, Direction


Renewal of lease is a privilege and if a tenant wishes to claim privilege, he must do so strictly within the time limited for the purpose(14.02.2017)

Appeals have been preferred by Orissa Industrial Infrastructure Development Corporation ('IDCO') and also by Jindal Stainless Ltd. aggrieved by impugn.....

Tags : Land, Resumption, Direction, Validity


Continuance in service for long period on part-time or temporary basis confers no right to seek regularisation in service(07.03.2017)

Present Civil Appeal arises out of judgment of High Court of Judicature at Madras dismissing Writ Appeal thereby affirming order of Single Judge dire.....

Tags : Regularization, Direction, Validity


A bidder who, submits a bid being fully aware of tender conditions, cannot after award of tender, seek a modification therein(16.03.2017)

Petitioner impugns the directions of Respondent in banning Petitioner for a period of three years from entering into any business dealings with Respon.....

Tags : Directions, Ban, Validity


It is for State Disaster Management Authority to constitute one or more Advisory Committee as and when it becomes necessary to do so on different aspects of disaster management(08.05.2017)

Present writ petitions were filed under Article 32 of Constitution consequent upon un-precedented flood and landslide disaster that occurred in Uttara.....

Tags : Enactment, Implementation, Direction


Court may direct party to suit, in possession of a document, to produce the same during pendency of suit(08.05.2017)

Present chamber appeal has been preferred by Defendants against order passed by Joint Registrar (Judicial), whereby Plaintiff's application under Sect.....

Tags : Documents, Production, Direction


Court has power to direct further investigation in interest of complete and fair investigation(12.05.2017)

Present criminal misc. petition under Section 482 of Code of Criminal Procedure, 1973 (Cr.P.C.) has been preferred for quashing of FIR registered as w.....

Tags : Investigation, Direction, Scope


Information relating to wages of employees has to be voluntarily disclosed by public authority(11.05.2017)

Appellant sought information regarding M/s. Laxmi Distribution. Specifically, he sought relationship between one Mr. H.B. Singhvi and M/s. Laxmi Distr.....

Tags : Information, Disclosure, Direction


CESTAT had no jurisdiction to extend time already set down in Customs Broker Licensing Regulations, 2013(23.05.2017)

In fact of present case, Appellant is a Customs Broker holding Customs Broker Licence valid till 2018. Appellant is engaged in customs clearance work .....

Tags : Direction, Notice, Validity


No place other than municipal market shall be used as a market place unless such place has been licensed as a market by Municipal Commissioner(06.06.2017)

Present writ petition is filed for a direction upon corporation authorities to take steps for demolition of illegal construction and stoppage of illeg.....

Tags : Illegal construction, Direction, Demolition


It is settled law that, what cannot be done directly, cannot be done indirectly(03.07.2017)

Instant Appeal arises from a Writ Petition filed by Manipal University (formerly known as Manipal Academy of Higher Education) and Ors., wherein High .....

Tags : Quota, Direction, Validity


Insurance Company cannot repudiate claim in toto in case of loss of vehicle due to theft(13.07.2017)

Challenge in present Revision Petition under Section 21(b) of Consumer Protection Act, 1986 is to order passed by Maharashtra State Consumer Disputes .....

Tags : Compensation, Payment, Direction, Validity


Directions for dividing the property by metes and bounds is beyond the scope of powers of the Tribunal(10.10.2017)

The Petitioner impugns the order passed by the Maintenance Tribunal (under Maintenance & Welfare of the Parents and Senior Citizens Act, 2007). By the.....

Tags : Relinquishment deed, Legality, Transfer, Direction


In an Appeal proceeding, the onus to prove that denial of information was justified shall be on the CPIO(10.10.2017)

The Appellant vide his RTI application sought information regarding file number relating to amendments made in the Central Excise Act by the Central E.....

Tags : Information, Disclosure, Direction


Judicial/Executive Magistrate empowered to issue directions to any person including accused to give specimen signatures and handwriting during the investigation of case.(25.07.2016)

A government scheme was launched for providing loans at the cheaper interest rates to poor persons living below the poverty line to enable them to pur.....

Tags : Magistrates, issuance of directions, power


Mere non-supply of the inquiry report does not automatically warrant reinstatement of the delinquent employee(10.11.2017)

The Respondent was appointed as a driver with the Appellants-Road Transport Corporation. On 27th October, 1995 while driving a vehicle on Karnal-Harid.....

Tags : Reinstatement, Direction, Validity


Board Members are empowered to assess and award the marks(10.11.2017)

In facts of present case, Respondent belongs to the Army Medical Corps. He is the Major General and aspires to become Lieutenant General (Lt. Gen.), w.....

Tags : Direction, Promotion, Validity


No superior Court in hierarchical jurisdiction can issue such direction/mandamus to any subordinate Court commanding them to pass a particular order(14.12.2017)

Present appeal is filed by the Complainant against the final judgment passed by the High Court of Judicature whereby the High Court partly allowed the.....

Tags : Bail, Direction, Validity


Duty of state is to voluntarily pay gratuity amount to employee rather than to force him to approach court to get his genuine claim(23.03.2018)

Present appeal is against the final judgment passed by the High Court of whereby the High Court dismissed the appeal filed by the Appellant herein and.....

Tags : Gratuity, Payment, Direction


Claimant cannot maintain a claim on basis of his own fault or negligence(31.08.2018)

National Insurance Co. Ltd. has filed present appeal challenging the judgment whereby the High Court has directed the Appellant-insurer to pay the com.....

Tags : Compensation, Payment, Direction, Validity


At initial stage of filing of an application for enforcement, non-compliance of production of documents should not entail in dismissal of application(14.11.2018)

In present matter, the judgment of the High Court directing enforcement and execution of a foreign award is challenged. The High Court rejected the s.....

Tags : Award, Enforcement, Direction


Where a power is given to do a certain thing in a certain way, it must be done in that way or not at all(03.12.2018)

The Petitioner has prayed for setting aside the extract of the meeting minutes of the Micro & Small Enterprise Facilitation Council held on 12th march.....

Tags : Payment, Direction, Validity


Executing court cannot go beyond the decree.(12.12.2018)

In instant matter, the Complainant purchased a shop. The said building including the said shop of the Complainant was re-developed by the Housing Soci.....

Tags : Shop, Possession, Direction


When no order of punishment had been imposed, gratuity by way of punishment cannot be withheld(17.12.2018)

The present appeal has been preferred against the order, whereby the learned single Judge has declined to pass an order for payment of full gratuity w.....

Tags : Gratuity, Payment, Direction


Teacher is not an employee, he/she is not entitled to claim any gratuity amount from his employer under the Payment of Gratuity Act, 1972(07.01.2019)

This appeal is directed against the final judgment passed by the High Court whereby the Division Bench of the High Court dismissed the LPA filed by th.....

Tags : Gratuity, Payment, Direction


Authority has the power to impose the penalty, once breaches alleged against employer are proved(07.01.2019)

Two persons, filed their claim petitions before the competent authority under the Minimum Wages Act, 1948 ("the Act") against the Appellant. In these .....

Tags : Wages, Payment, Direction


Legitimate expectation is not a wish or a desire or a hope, it cannot be claimed or demanded as a right(30.01.2019)

The present appeal is directed against an order passed by the High Court whereby the Writ Petition was allowed directing the Appellant to provide fina.....

Tags : Financial assistance, Direction, Validity


State Government is not under any obligation to always adopt Dearness Allowance as revised by Central Government(13.02.2019)

Instant Appeals arise out of the judgment by which the High Court affirmed the order of the learned Single Judge directing the Appellant-Board to pay .....

Tags : Dearness Allowance, Direction, Validity


High Court cannot modify/relax Instructions issued by Commission which are mandatory in nature(28.08.2019)

In facts of present case, the Tamil Nadu Public Service Commission ('the Commission') issued a Notification dated 9th April, 2018 inviting application.....

Tags : Result, Announcement, Direction, Legality


Cross-examination of persons swearing into the affidavits should not be allowed unless absolutely necessary(23.09.2019)

The question falling for consideration in present appeals is in an application under Section 34 of the Arbitration and Conciliation Act, 1996 (the Act.....

Tags : Re-cast issues, Direction, Legality


Concession given by State Counsel before Tribunal contrary to statutory rules is not binding as there cannot be any estoppel against law(26.09.2019)

The challenge in the present appeal is to an order passed by the High Court whereby, the writ petition filed by the Appellant challenging the order pa.....

Tags : Pay-scale, Grant, Direction


Application for waiver of pre-deposit is to be entertained as Petitioners were neither borrowers nor mortgagers or guarantors in respect of loan facility availed by principal borrower(11.10.2019)

The present petition is directed against an order passed by the Debt Recovery Appellate Tribunal ('DRAT'), rejecting the Petitioner's application seek.....

Tags : Pre-deposit, Direction, Legality


Illegal structures cannot be permitted to be re-erected merely because there was procedural violation while demolishing it(24.10.2019)

The municipal corporations in the State of Maharashtra like in any other part of the country are vested with the power to demolish structures which vi.....

Tags : Demolished structure, Reconstruction, Direction


Judgment of acquittal may be reversed or otherwise disturbed only for very substantial and compelling reasons(09.12.2019)

In facts of present case, Dafadar Kartar Singh, the Respondent was tried by the Summary Court Martial for a civil offence of house breaking by night. .....

Tags : Allowances, Direction, Legality


A comprehensive policy would cover liability of insurer for payment of compensation for occupant in car(13.12.2019)

In both the appeals, the Appellant - owner of the offending vehicle challenges the legality and correctness of the award in Claim Petition passed by t.....

Tags : Compensation, Direction, Liability


A person deprived of using legitimately entitled money has a right to be compensated for the deprivation by way of interest, compensation or damages(26.12.2019)

The Review Petitioner, Power Grid Corporation of India Ltd., has filed the present Review Petition under Section 94 of the Electricity Act, 2003 read .....

Tags : Refund, Bank Guarantee, Direction


A party cannot approbate and re-approbate at the same time(13.01.2020)

The Appellant has preferred this appeal under Section 421 of Companies Act, 2013 against the order passed by National Company Law Tribunal vide which .....

Tags : Transfer, Direction, Legality


Exclusion of song from movie which was included in trailer amounts to unfair trade practice(18.02.2020)

The complainant, who is a teacher by profession, on watching the promos of the film, namely, “Fan” decided to watch the said film with her family memb.....

Tags : Compensation, Direction, Validity


Mere existence of vacancies or empanelment does not create any indefeasible right to appointment(01.04.2019)

In present case, the Appellant is aggrieved by the direction to make appointments against 97 vacancies on the post of Blacksmith Grade II. The sanctio.....

Tags : Vacancies, Appointment, Direction, Validity


To classify a person employed in an industry as a workman, not only nature of work performed but also terms of appointment in job performed are relevant considerations(18.04.2019)

The Petitioner-Trust has challenged concurrent orders passed by the Labour Court and Industrial Court by filing the present writ petition. It is claim.....

Tags : Reinstatement, Direction, Validity


Court can exercise its constitutional powers for transferring an investigation from State investigating agency to any other independent investigating agency only in exceptional circumstances(01.05.2019)

The present appeal is directed against an order passed by the High Court directing the Central Bureau of Investigation to investigate and to take appr.....

Tags : Investigations, CBI, Direction


Decision would not be open to interference by Writ Court, if provision of a statutory Rule is capable of two or more constructions and one construction has been adopted(24.07.2019)

In present case, the Respondent No. 1 filed Writ Petition in Calcutta High Court, challenging the impugned communication on the basis that, he was eli.....

Tags : Appointment, Direction, Legality


Rejection of report of its own Surveyor by Insurance Company in absence of any valid reason or proof cannot be sustained(07.08.2019)

In present matter, aggrieved by the order passed by the State Consumer Disputes Redressal Commission, New India Assurance Company Ltd. preferred the p.....

Tags : Compensation, Direction, Legality


Arbitral Tribunal is under a statutory duty to state reasons for its conclusion(20.02.2020)

In facts of present case, a tender was issued by Appellant for the work of detailed Design, Engineering, Financing, Procurement, Construction, Operati.....

Tags : Award, Payment, Direction, Legality


'Consumer' includes not only a person who has hired or availed of service but even a beneficiary of a service(17.03.2020)

In facts of present case, the Respondent obtained a Labour Beneficiary Identity Card on 29th December, 2011 under the Welfare Board from the Appellant.....

Tags : Scheme, Beneficiary, Direction, Legality


Promoters include the entity which is constructing building as well as entity which is selling apartments or plots(25.03.2020)

The consumer complaint filed by the Appellant, which was an association representing the buyers, seeks diverse reliefs including the grant of possessi.....

Tags : Party, Impleadment, Direction


Promoters include the entity which is constructing building as well as entity which is selling apartments or plots(25.03.2019)

The consumer complaint filed by the Appellant, which was an association representing the buyers, seeks diverse reliefs including the grant of possessi.....

Tags : Party, Impleadment, Direction


The principle of 'No Work No Pay' cannot be made applicable in extraordinary circumstances prevailing in the country due to the pandemic of COVID-19(12.05.2020)

By present petition, the Petitioner Union has made a grievance that, after the lock-down has been effected and though the members of the Petitioner Un.....

Tags : Wages, Payment, Direction


Notifications & Circulars

Risk Management and Inter-bank Dealings - Hedging of Foreign Exchange Risk-Date of Implementation(18.05.2020)

1. A reference is invited to the Directions on Hedging of Foreign Exchange Risk issued vide A.P. (DIR Series) Circular No. 29 dated April 7, 2020. The.....

Tags : Risk Management, Inter-bank Dealings, Directions


Direction to policy holders whose motor vehicle third party insurance policies fall due for renewal during the lockdown period can make the same on or before 21st April, 2020(01.04.2020)

In exercise of powers conferred by sub-sections (1) and (5) of section 64VB of the Insurance Act, 1938, read with rule 59 of the Insurance Rules, 1939.....

Tags : Direction, Policy holders, Renewal, Lockdown period


Hedging of Foreign Exchange Risk - Final Directions(07.04.2020)

Draft regulations reviewing facilities for "Hedging of Foreign Exchange Risk by Residents and Non-Residents" were released for public comments in Febr.....

Tags : Foreign Exchange Risk, Hedging, Final Directions


Direction by the President of India regarding the powers of the Appropriate Government under the Real Estate (Regulation and Development) Act, 2016(17.03.2020)

In pursuance of the powers conferred under clause (1) of Article 239 of the Constitution, the President hereby directs that the powers and functions o.....

Tags : Direction, Powers, Appropriate Government


MHRD issues directions to UGC, AICTE, NTA, NIOS, CBSE, NCTE and all organisations for the postponement of examinations till 31st March, 2020 as a precautionary measure in the wake of COVID-19(18.03.2020)

MHRD is taking all steps to ensure safety of students along with the maintenance of academic calendar. I appeal to all students, teachers and parents .....

Tags : Directions, Issuance, Examination, Postponement


Amendment to Master Direction (MD) on KYC(29.05.2019)

1. Government of India, vide Gazette Notification G.S.R. 108(E) dated February 13, 2019, has notified amendments to the Prevention of Money-laundering.....

Tags : Amendment, Master Direction, KYC


Tribal Affairs Ministry to Hold Meeting with States on 6th March to Ensure Effective Implementation of Supreme Court Directions in the Case of Sts and OTFDS Under FRA 2006(01.03.2019)

The matter pertaining to eviction of Scheduled Tribes (STs) and Other Traditional Forest Dwellers (OTFDs) whose claims for forest land rights have bee.....

Tags : Implementation, Directions, Sts and OTFDS


Reserve Bank of India imposes monetary penalty on Punjab National Bank(27.03.2019)

Reference is invited to the Press Release No. 2018-2019/2144 dated March 08, 2019 regarding imposition of penalty on 36 banks for non-compliance with .....

Tags : Direction, Non-compliance, Penalty, Imposition


Directions of High Court of Delhi at New Delhi on Exclusions related to Genetic Disorders(19.03.2018)

In the matter of M/s United India Insurance Company Limited Vs Jai Parkash Tayal (RFA 610/2016 & CM Nos. 45832/2017) Hon'ble High Court of Delhi at Ne.....

Tags : Directions, High Court, Exclusions, Genetic Disorders


Directions under Section 35A of the Banking Regulation Act, 1949 (AACS) - United Cooperative Bank Limited Extension of Period(22.01.2019)

Reserve Bank of India, in public interest, had issued directions to United Cooperative Bank Limited, Bagnan Station Road (North), P.O-Bagnan, Dist. - .....

Tags : Directions, Period, Extension


Directions under Section 35A of the Banking Regulation Act, 1949 (AACS) - The City Co-operative Bank Ltd, Mumbai, Maharashtra- Relaxation in withdrawal limit(27.12.2018)

The City Co-operative Bank Ltd, Mumbai, Maharashtra, was placed under directions vide directive dated April 17, 2018 from close of business April 17, .....

Tags : Directions, Withdrawal limit, Relaxation


RBI issues Directions to the City Co-operative Bank Ltd., Mumbai, Maharashtra(18.04.2018)

The Reserve Bank of India (vide directive DCBS.CO.BSD-I/D-5/12.22.039/2017-18 dated April 17, 2018) has placed The City Co-operative Bank Ltd., Mumbai.....

Tags : Direction, Issuance, Bank


RBI imposes Monetary Penalty on M/s Radhakrishna Finance Pvt. Ltd(14.12.2017)

The Reserve Bank of India (RBI) has imposed a monetary penalty of ?1 lakh on M/s Radhakrishna Finance Pvt. Ltd. (the company) under Section 58G(1)(b) .....

Tags : Direction, Violation, Penalty, Imposition


Master Direction - Standalone Primary Dealers (Reserve Bank) Directions, 2016(25.08.2016)

The Reserve Bank of India (the Bank), having considered it necessary in public interest, and being satisfied that, for purpose of enabling Bank to reg.....

Tags : Financial system, Regulation, Directions


RBI extends validity of the Directions issued to the Indian Mercantile Co-operative Bank Ltd., Lucknow, Uttar Pradesh(07.09.2016)

The Reserve Bank of India (RBI) has extended the Directions issued to the Indian Mercantile Co-operative Bank Ltd., Lucknow for a further period of si.....

Tags : Extension, Direction, Mercantile Co-operative Bank


Direction regarding display of registered satellite TV channels on landing page(08.11.2017)

1. The Telecom Regulatory Authority of India (TRAI) today issued a direction to all the broadcasters and distributors of television channels to restra.....

Tags : TV channels, Display, Direction


Master Directions on Issuance and Operation of Prepaid Payment Instruments in India(20.03.2017)

As you are aware, the Reserve Bank of India has, from time to time, issued a number of circulars containing policy guidelines on Issuance and Operatio.....

Tags : Direction, Pre-paid payments, Operations


Direction by Government to install an additional one million new PoS terminals by 31st March 2017 in order to facilitate the move towards cashless transactions(06.12.2016)

As part of the plan to expand the digital payments eco-system and facilitate the move towards cashless transactions, the Government has decided that a.....

Tags : PoS terminals, Installtion, Direction


Directions on charging of fees for transactions settled on Immediate Payment Service and Unified Payments Interface(21.12.2016)

In line with the Central Government's objective of promotion of payments through cards and digital means over payments in cash, the Reserve Bank of In.....

Tags : Direction, Transaction, Fees


Review of the capacity planning framework of stock exchanges and clearing corporations(08.10.2015)

Due to an increase in trading volume resulting from a growth of the stock market, the Securities and Exchange Board of India has reiterated the need f.....

Tags : Due to an increase in trading volume resulting from a growth of the stock market, the Securities and Exchange Board of India has reiterated the need for stock exchanges and clearing corporations to maintain sufficient capacity to be able to handle the increased demand. Some of new directions with regards to capacity are: installed capacity being at least one and a half times of projected peak load; and all software and hardware needs to be adequately sized to meet the requirements.


RBI issues Master Directions on Foreign Exchange(04.01.2016)

The Reserve Bank of India released 17 Master Directions covering foreign exchang.....

Tags : Rbi, master directions, fema, 2016


Comprehensive Master Directions on Know Your Customer(25.02.2016)

The Reserve Bank of India issued Master Direction called the ‘read»

RBI floats Draft Regulatory Framework for Account Aggregator Companies to facilitate Consolidated Viewing of Financial Assets Holdings(03.03.2016)

The Reserve Bank of India released a draft of the directions Non-Banking Financial Company - Account Aggregator (Reserve Bank) Directions, 2016 to put.....

Tags : nbfc, account aggregator, directions



RBI Issues 17 Master Directions Related to FEMA(05.01.2016)

Reserve Bank of India (RBI) has issued 17 Master Directions covering foreign exchange transactions on various regulatory issues in order to simplify .....

Tags : Reserve Bank of India, Master Directions


P&H HC Issues Directions to Curb Drug Abuse in State(25.01.2019)

Punjab and Haryana High Court has issued a slew of directions to tackle the menace of drug abuse in State, which include steps such as awareness drive.....

Tags : Punjab and Haryana High Court, Directions to Curb Drug Abuse


CIVIL - SC Issues Directions to Improve Conditions of Subordinate Judiciary in States(21.02.2019)

Supreme Court has passed a slew of directions for improving conditions of subordinate judiciary in states and asked Central Government to ensure that .....

Tags : Supreme Court, Directions to Improve Conditions of Subordinate Judiciary


Delhi High Court Sets Aside Trial Court Order Which Misread Direction(02.03.2020)

Delhi High Court has clarified that there is a difference between "addition" of charge and "alteration" of charge under Section 216 of the Code of Cri.....

Tags : Delhi High Court, Trial Court Order Which Misread Direction


Andhra Pradesh HC Passes Slew of Directions to State Authorities in Vizag Gas Leak(08.05.2020)

Andhra Pradesh High Court noted that Styrene is notified as a dangerous substance under the provisions of the Environmental Protection Act, 1986 and a.....

Tags : Andhra Pradesh High Court, Directions to State Authorities in Vizag Gas Leak


International Cases

Deliberate disobedience of an order does not require a specific intention to break the law(14.08.2019)

Present proceedings arise from a dispute about noise disturbance between the owners of units in a block of units in Bay View Terrace. Unit 1 is a grou.....

Tags : Compliance, Direction, SAT Order


Top Story

RBI issues direction limiting customer liability in online banking(06.07.2017)

RBI has issued direction limiting liability of customers due to recent increase in customer grievances related to unauthorised transactions. Direction.....

Tags : Limited liability, Online Banking, Directions


RBI directs banks to link SWIFT (Society for World Interbank Financial Telecommunication System Platform) with Core Banking Solutions (CBS)(20.02.2018)

In order to mitigate the incidence of fraud, RBI mandated the banks to implement, within the stipulated deadlines, the prescribed measures for strengt.....

Tags : Linkage, SWIFT, CBS, Direction