22 July 2024

Search Results for Tag : Discretion

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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



Allahabad HC: Exercise of Discretionary Power Without Relevant Considerations Under Statute Invalid(08.04.2022)

Allahabad High Court has ruled that if an authority, conferred with discretionary powers by a statute, avoids or does not take into account relevant c.....

Tags : Allahabad High Court, discretionary powers, invalid


Gauhati HC: Department Has Circumstantial Discretion to Include Exporters or Importers(11.04.2022)

Gauhati High Court has observed that the department has circumstantial discretion to include producers connected to exporters or importers of dumped a.....

Tags : Gauhati High Court, Domestic Industry, exporters, importers, dumped articles, circumstantial discretion


ITAT, Mumbai: Circular Due to Difficulties in E-filing Software Can’t be Relied(11.04.2022)

Income Tax Appellate Tribunal, Mumbai has ruled that the private discretionary trust shall be treated as AoP and has rejected the plea of the assessee.....

Tags : Income Tax Appellate Tribunal, AoP, CBDT, software, private discretionary trust


Delhi HC Dismisses Plea Challenging Acquisition Proceedings After 62 Yrs(07.07.2022)

Delhi High Court while dismissing plea challenging acquisition proceedings after 62 years, has held that the self evident delay in approaching the cou.....

Tags : Delhi High Court, Discretionary Relief, Acquisition Proceedings


SC: Power to Pass Judgment on Admissions Cannot be Claimed as a Matter of Right(07.07.2022)

Supreme Court has held that the power to pass judgment on admissions under Order XII Rule 6 of Code of Civil Procedure is discretionary and cannot be .....

Tags : Supreme Court, Discretionary, Order XII Rule 6


HP HC Pulls Up State Civil Supply Corporation for Arbitrary Discretion in Grant of Largesses(09.11.2020)

Himachal Pradesh High Court has pulled up the State Civil Supply Corporation for arbitrary exercise of discretion in the matter of grant of largesses .....

Tags : Himachal Pradesh High Court, Arbitrary Discretion in Grant of Largesses


International Cases

Mere fact that sentence is within range of other sentences imposed for similar offences not necessarily establish that there was appropriate exercise of sentencing discretion(31.08.2016)

Respondent was convicted, on pleas of guilty before Staude DCJ. Sentencing judge imposed a total effective sentence of 2 years 2 months' immediate imp.....

Tags : Discretion, Sentence, Inadequacy


In matrimonial disputes, a spouse may have an obligation to make provision for the payment of other expenses; but an obligation to duplicate it in circumstances is most improbable(18.07.2018)

In facts of present case, Mr Mills (“the husband” notwithstanding his divorce from Mrs Mills, “the wife”, in 2002) appeals against an order for upwa.....

Tags : Periodical payments, Discretion, Obligation


Delhi HC: HC Must Respect Use of Discretionary Powers By Trial Court, Can’t Play Role Of Headmaster(09.08.2022)

Delhi High Court has held that high court is required, at all times, to respect the exercise of discretionary powers by the district judiciary and not.....

Tags : Delhi High Court, Discretionary Powers, Headmaster


SC: Arbitrator Has Discretion to Award Post-Award Interest on Part of The Sum(02.09.2022)

Supreme Court has held arbitrator has the discretion to determine the rate of reasonable interest, the sum on which the interest is to be paid, that i.....

Tags : Supreme Court, Arbitrator, Discretion


SC: Arbitrator Has Discretion to Award Post-Award Interest on Part of The Sum(02.09.2022)

Supreme Court has held arbitrator has the discretion to determine the rate of reasonable interest, the sum on which the interest is to be paid, that i.....

Tags : Supreme Court, Arbitrator, Discretion


SC: Discretionary & Extraordinary Power U/Sec 319 CrPC Should be Exercised Sparingly(02.11.2022)

Supreme Court has observed that power under Section 319 CrPC is a discretionary and extraordinary power which should be exercised sparingly and only i.....

Tags : Supreme Court, Discretionary, CrPC


SC: Discretion Has No Place in Contractual Matters Unless it is Expressely Incorporated in Contract(21.11.2022)

Supreme Court has held rights and duties of the parties to the contract subsist or perish in terms of the contract itself, and if a party to the contr.....

Tags : Supreme Court, Contract, Discretion


Cal. HC Summarizes Law Related to Exercise of Discretion for Grant of Interlocutory Injunction(05.12.2022)

Calcutta High Court has summarized the tests and principles that govern the exercise of judicial discretion in respect of grant of interlocutory injun.....

Tags : Calcutta High Court, CPC, Interlocutory Injunction, Judicial Discretion


Court is empowered to make an order for pre-action discovery on basis that, Defendant has possession of information that will assist Plaintiff’s case(26.06.2019)

The Plaintiffs have applied for orders for pre-action discovery pursuant to Order 26A Rule 3 of the Rules of the Supreme Court 1971 (RSC). The first .....

Tags : Pre-action discovery, Documents, Discretion


Courts ought to exercise its discretion to approve the scheme, when a proposed scheme is fair and reasonable(15.09.2020)

On 4 August 2020, orders pursuant to Section 411(1) of the Corporations Act, 2001 were made to convene a meeting of the holders of fully paid ordinary.....

Tags : Scheme, Approval, Discretion


HP HC: Revenue Officer has Discretion to Convert Itself to Civil Court to Decide Plea of Possession(06.03.2023)

Himachal Pradesh High Court while observing that while adjudicating the plea of adverse possession revenue officer has discretion, either to convert i.....

Tags : Himachal Pradesh High Court, Adverse Possession, Discretion


Bombay HC: Neither Union nor State has Authority to Issue Guidelines to Govern Judicial Discretion(20.08.2019)

Bombay High Court has rejected a petition filed by a man who challenged the constitutional validity of Section 125 of Code of Criminal Procedure, 1973.....

Tags : Bombay HC, Judicial Discretion


SC: Discretionary Jurisdiction Must Be Exercised On Fair And Just Principles(17.07.2017)

Supreme Court has held that exercise of discretion under Section 427(1) Code of Criminal Procedure, in a given case, mandates that the substantive sen.....

Tags : Supreme Court, Discretionary Jurisdiction


Del HC: Discretionary Power to Grant Bail on Medical Ground Under PMLA Must be Exercised Judiciously(06.06.2023)

Delhi High Court while observing that power to grant bail on medical grounds under PMLA is discretionary in nature, has held that the same must be exe.....

Tags : Delhi High Court, PMLA, Discretionary Power, Bail, Medical Ground


Del HC: Can’t Restrict Discretion to Choose HC or Session Court for Anticipatory Bail Plea(12.06.2023)

Delhi High Court has held that it is discretionary for the Applicant either to approach the High Court or the Court of Session since both the Court ha.....

Tags : Delhi High Court, Discretion, Anticipatory Bail, Session Court


SC: Arbitrator Has Substantial Discretion in Awarding Interest u/s 31 (7) (a) Arbitration Act(28.10.2021)

Supreme Court has observed that an Arbitrator has substantial discretion in awarding interest under Section 31(7)(c) of the Arbitration and Conciliati.....

Tags : Supreme Court, Discretion in Awarding Interest


The exercise of public power by the executive and other public functionaries is subject to principle of legality(09.06.2021)

Maxrae Estates is the owner of the farm located within the City of Tshwane Metropolitan Municipality. Maxrae applied to the Department of Agriculture,.....

Tags : Extension, Warehouse, Ministerial discretion


Security for costs is discretionary remedy granted to Defendant on reasonable apprehension that Plaintiff will not be able to pay the costs of litigation, if plaintiffs claim fails(19.04.2023)

The issue before the Supreme was whether the high court correctly exercised its discretion by ordering the second Appellant to furnish security for co.....

Tags : Security, Furnishing of, Discretion


A party was bound by their pleadings and ordinarily, they would not be allowed to raise a different or fresh case without a due amendment(03.05.2023)

The Respondent (Mr. Gqamane) was arrested without a warrant for allegedly assaulting the complainant. A charge of assault with intent to commit grievo.....

Tags : Arrest, Discretion, Validity


Court must consider the factual matrix of the dispute in order to be satisfied whether sufficient reason exists to wind up the company(01.06.2023)

Present is an application by the Plaintiff for an order under Section 461(1)(k) of the Corporations Act, 2001 that the first defendant, KVG Contractin.....

Tags : Dysfunction, Winding up, Discretion


Interference would be called for, if the exercise of the discretion was based on a misdirection of fact or a wrong principle of law(18.05.2023)

Present is an appeal by the Commissioner for the South African Revenue Service (SARS) against an order setting aside the winding-up of Regiments Capit.....

Tags : Winding up, Discretion, Solvency


If the preconditions in Section 45(1)(a) and (b) of Sentencing Act are satisfied, the Court has a discretion, not a duty, to make a spent conviction order(17.08.2023)

The Appellant was convicted in on a charge that, being an occupier of premises, she knowingly permitted those premises to be used for the purpose of t.....

Tags : Discretion, Spent Conviction, Sentence


Probation officer’s report cannot be used as a substitute for evidence(31.05.2024)

The present eviction application was launched in terms of section 9 of Extension of Security of Tenure Act (ESTA) on the basis that the statutory requ.....

Tags : Eviction, Entitlement, Discretion


Supreme Court: Granting Decree of Specific Performance is Discretionary(04.03.2024)

Supreme Court has held that granting a decree of specific performance is discretionary and that discretion should be based on equitability.

Tags : Supreme Court, Specific Performance, Discretion


Meghalaya HC: No Discretion for Governor in Appointments in District Councils in Tribal Areas(19.02.2020)

Meghalaya High Court has held that the Governor of the State does not have any discretion in the matter of appointments to the Executive Committee of .....

Tags : Meghalaya High Court, Discretion of Governor in Appointments in District Councils


Telangana HC: Power to Grant Stay Under Telangana VAT Act is Discretionary(21.04.2022)

Telangana High Court has observed that the power of the authorities under the Telangana Value Added Tax Act, 2005 is discretionary and the same should.....

Tags : Telangana High Court, Telangana Value Added Tax Act, 2005, discretionary



Discretion to grant bail has to be exercised judiciously and in a humane manner and compassionately(23.02.2018)

Present appeal has been filed against the judgment and order of High Court dismissing the Writ Petition filed by the Appellant. The main issue which n.....

Tags : Bail, Grant, Discretion


It is a matter of discretion as to since which date increase in maintenance can be made effective from(08.08.2018)

Present is a revision under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (CrPC) being aggrieved and dissatisfied by the j.....

Tags : Maintenance, Enhancement, Discretion


There Should be no Impediment in Quashing the FIR, if COURT is Otherwise Satisfied that the Facts and Circumstances of Case so Warrant(20.02.2017)

Present writ petition has been filed by Petitioner, for quashing of FIR No. 604/2016, under Sections 323/354/506/509/34 of Indian Penal Code, 1860 reg.....

Tags : FIR, Quashing, Discretion


Gravity alone cannot be decisive ground to deny bail, rather competing factors are required to be balanced by Court while exercising its discretion(08.03.2019)

Bail Petitioner has approached present Court in the instant proceedings filed under Section 439 of Code of Criminal Procedure, 1973 (CrPC), praying th.....

Tags : Bail, Grant, Discretion


Mere repeated representations will not revive cause of action and cannot be a valid ground for present Court to overlook delay(10.04.2019)

The Petitioner has approached present Court seeking a direction to consider and promote him from the Post of Inspector (GD) to Subedar Major and then .....

Tags : Promotion, Entitlement, Discretion


Anticipatory bail cannot be granted in economic offence cases as it hampers effective investigation(05.09.2019)

Present appeal relates to the alleged irregularities in Foreign Investment Promotion Board (FIPB) clearance given to the INX Media for receiving forei.....

Tags : Anticipatory bail, Grant, Discretion


Guidelines cannot be read as mandatory Rules to be adhered to in all circumstances or to take away all discretionary powers of transfer from the competent authorities(21.07.2020)

Present petition has been filed by the Petitioner, who is employed as a Sub-Inspector in CISF, presently at NLC, Barsingsar, Bikaner, for issuance of .....

Tags : Discretionary powers, Transfer, Legality


Tax authorities are entitled to grant stay on deposit of amounts lesser than twenty percent of the disputed demand(02.05.2022)

Present writ petition has been filed challenging the orders passed by Respondents No.1 and 2, without considering the submissions made by the Petition.....

Tags : Stay applications, Pre-deposit, Discretion


Arbitrator has the inherent discretion to grant post-award interest(01.09.2022)

Present appeal arises from a judgment of the High Court by which the appeal under Section 37 of the Arbitration and Conciliation Act 1996 against a ju.....

Tags : Discretion, Award, Interest


Pre-arrest bail is to be granted only when the court is convinced that circumstances exist to resort to extraordinary remedy(27.01.2023)

The present application is filed by the Applicant under Section 438 of the Code of Criminal Procedure, 1973 (CrPC) praying for grant of pre-arrest bai.....

Tags : Bail, Grant, Discretion


Cases arising out of matrimonial differences should be put to quietus, if the parties have arrived upon a genuine settlement(17.04.2023)

The present petition has been filed seeking quashing of FIR under Sections 498A/406/34 of Indian Penal Code, 1860 (IPC). The marriage between Petition.....

Tags : Supreme Court, SARFAESI Act, Discretion of Lower Court


Appellate Court would not interfere with the exercise of discretion of the court of first instance except where the discretion has been shown to have been exercised arbitrarily(18.04.2023)

The present appeal assails the judgment and order passed by the Division Bench of the High Court, thereby setting aside the order of the Single Judge,.....

Tags : Supreme Court, SARFAESI Act, Discretion of Lower Court


NCLT has discretion to admit an application under Section 7 of IBC on existence of a financial debt, unless there are good reasons to reject it(11.05.2023)

The Respondent-Bank filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) before the National Company Law Tribunal. T.....

Tags : Financial debt, Application, Discretion


Court should not interfere with an order of Settlement Commission, passed in exercise of its discretionary powers, unless order contravenes provisions of Act(25.09.2023)

Present appeal has been filed assailing the judgment passed by the High Court whereby the judgment of the learned Single Judge, remanding the matter t.....

Tags : Settlement Commission, Discretionary powers, Supreme Court


High Court may quash the criminal proceeding if possibility of conviction is remote and continuation of proceeding would cause prejudice(10.10.2017)

By the present application, the Applicant Nos. 1, 2 and 3 prayed to quash and set aside first information report lodged by the Applicant No. 1 against.....

Tags : FIR, Quashing, Discretion


Relief of temporary injunction is discretionary, Court would refuse it to a party who is not consistent in his/her stand(16.10.2023)

Present Appeal is filed challenging Order passed by the trial Court rejecting application filed by Appellants/Plaintiffs for grant of temporary injunc.....

Tags : Injunction, Grant, Discretion


Court has discretion to add any person as a party who is found to be a necessary party or proper party(19.10.2023)

Present petition has been filed challenging the order passed by the Trial Courtdismissing the application seeking impleadment in the suit. The Petitio.....

Tags : Impleadment, Entitlement, Discretion


Discretionary power of a court to condone delay must be exercised judiciously and it is not to be exercised in cases where there is gross negligence by litigant(08.04.2024)

The Appellant before present Court has challenged the order passed by the High Court, by which the petition filed by the Appellant under Article 227 o.....

Tags : Delay, Condonation, Discretionary power


Whatsapp conversations cannot be read as evidence without there being a proper certificate as mandated under the Evidence Act(02.07.2024)

Petitioner has approached this Court under Article 226 and 227 of the Constitution of India challenging the Order passed by the Delhi State Consumer D.....

Tags : Delay, Condonation, Discretion


Subsequent sentence can be directed to run concurrently with previous one in a case where prosecution is based on single transaction, even if, different complaints in relation thereto have been filed(28.10.2016)

Instant appeals called in question judgment passed by High Court of Delhi in Criminal Revision Petition, sustaining conviction of Appellant under Sect.....

Tags : Discretion, Sentence, Concurrent


Order of pre-arrest bail being an extra ordinary privilege, should be granted only in exceptional cases(27.06.2024)

Present applications are filed under Section 438 of the Code of Criminal Procedure, 1973, for orders of pre-arrest bail. The Petitioners are the accus.....

Tags : Pre-arrest bail, Grant, Discretion


Arbitral process could be interfered under Article 226/227 of the Constitution by the High Court only in exceptional circumstances(06.01.2021)

In facts of present case, on 13th February, 1991, Respondent No. 1 entered into a contract with the Appellant to manufacture and supply bricks. The af.....

Tags : Arbitral process, Discretionary power, Jurisdiction


Recommendation of select committee for appointment cannot be negated without good and plausible reason(11.08.2015)

In a petition against a decision of the State government to not appoint the Petitioner, after her successful selection by the select committee, the Co.....

Tags : Appointment, select committee, discretion, appointing authority


Court can refuse to grant discretionary relief of specific performance, even if, contract is not voidable but circumstances make it inequitable to enforce the same(11.09.2019)

In facts of present case, Mohinder Kaur, predecessor in interest of the Appellants entered into an agreement with Bahadur Singh, predecessor in intere.....

Tags : Discretionary relief, Specific performance, Validity