30 January 2023

Search Results for Tag : Eligibility

International Cases

There shall be no discrimination on ground of sex either directly, or indirectly by reference in particular to marital or family status(10.08.2016)

Appellant was registered at birth as a man. From 1991, Appellant began to live as a woman. Appellant applied for a state retirement pension, on the fo.....

Tags : Pension, Retirement, Eligibility


Where harm is caused by a domesticated animal, responsibility for that harm rests with the owner of the animal and not the injured party(11.09.2020)

An appeal by Mr. van Meyeren against a finding by the Eastern Cape Division of the High Court, that he was liable to compensate Cloete for injuries su.....

Tags : Negligence, Compensation, Eligibility


High Court and Court of Appeal have discretion to the award of costs, subject to the rules of Court(04.12.2020)

Present appeal raises a question concerning the role of the Supreme Court in relation to the principles governing the award of costs in lower Courts. .....

Tags : Award, Cost, Eligibility


Top Story

Courts cannot lay down conditions of eligibility in respect of employment rules of Supreme Court(03.05.2019)

The Supreme Court in its recent Judgment has expressed that, the essential qualifications for appointment to a post are for the employer to decide and.....

Tags : Eligibility, Employment, Condition


PFRDA permits Overseas Citizens of India (OCI) to enrol under National Pension System at par with Non-Resident Indians(30.10.2019)

In a significant decision aiming to enhance pension coverage, Pension Fund Regulatory and Development Authority (PFRDA) has now permitted Overseas Cit.....

Tags : OCI, Eligibility, NPS


Duty to secure rights calls for a more proactive role than requirement to respect rights(08.02.2017)

In fact of present case, Appellant lived with his partner for ten years before December 2009. On Christmas Eve, they became engaged. Sadly, Lenny McMu.....

Tags : Scheme, Pension, Eligibility


To be eligible for interview, candidate must satisfactorily completed recognised Vocational Training Scheme in General Practice or acquired rights under EU Directive on specific training(06.04.2017)

Plaintiff/Appellant in present proceedings (Dr. Hussain) complained that, he was not awarded a contract under General Medical Services Scheme (GMS Sch.....

Tags : Scheme, Practice, Eligibility


Notifications & Circulars

CBDT issues clarification on eligibility of small Start-ups to avail tax holiday(22.08.2019)

The Central Board of Direct Taxes (CBDT) has clarified that, small start-ups with turnover upto Rs. 25 crore will continue to get the promised tax hol.....

Tags : Tax Holiday, Eligibility, Small Start-ups, Clarification


Eligibility Criteria for availing of DPD Scheme by Importers(05.09.2019)

1. CBIC has taken various steps which have had the impact of reducing the dwell time as well as bringing down the logistics cost of EXIM clearances. O.....

Tags : Eligibility Criteria, DPD Scheme, Availment


CBDT grants relaxation in eligibility conditions for filing of Income-tax Return Form-1 (Sahaj) and Form-4 (Sugam) for Assessment Year 2020-2021(09.01.2020)

In order to ensure that the e-filing utility for filing of return for assessment year (A.Y) 2020-21 is available as on 1st April, 2020, the Income-tax.....

Tags : Eligibility conditions, Relaxation, Grant


Relaxations from certain provisions of the SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018 in respect of Rights Issue(21.04.2020)

1. In the wake of developments relating to the Covid-19 pandemic, a number of suggestions have been received by SEBI from industry bodies and market p.....

Tags : Relaxations, Provisions, Eligibility conditions



Calcutta High Court Provides Ease to Untrained TET Aspirants(17.08.2015)

Calcutta High Court has allowed teacher aspirants without teaching degrees to appear for Teacher Eligibility Test (TET) examination scheduled to be h.....

Tags : Calcutta High Court,Teacher Eligibility Test (TET) examination


Supreme Court Says 'NCTE Guidelines Binding', Teachers’ Eligibility Test Not Mandatory(26.07.2017)

Supreme Court has held that qualifications prescribed by National Council for Teachers’ Education (NCTE) were binding on States and Teachers’ Eligibil.....

Tags : Supreme Court, Teachers’ Eligibility Test


SC Paves Way to Common Entrance Test for Medical Courses, Sets Aside its 2013 Order(11.04.2016)

Supreme Court has paved the way for implementation of National Eligibility Entrance Test (NEET) for medical courses across the country and set aside i.....

Tags : Supreme Court, National Eligibility Entrance Test


SC Asks to Consider Inclusion of Aadhar Card in Eligibility Criteria for Rehabilitation(28.09.2021)

Supreme Court has asked the Municipal Corporation of Faridabad to consider whether Aadhar card could be included in the eligibility criteria for ident.....

Tags : Supreme Court, Eligibility Criteria for Application for Rehabilitation


SC Directs UP Govt. to Set Up Committee for Recruiting Primary Teachers(03.11.2015)

Supreme Court has directed Uttar Pradesh Government to constitute a committee which would accept and decide applications from candidates seeking appoi.....

Tags : Supreme Court , Uttar Pradesh Government, Teacher Eligibility Test


Madras HC Upholds Decision to Not Issue Eligibility Certificate to OCI Medical Student to Practice(26.10.2021)

Madras High Court has refused to interfere with a decision taken by the National Medical Commission (NMC) to not allow a student who had pursued medic.....

Tags : Madras High Court, Eligibility Certificate to OCI Medical Student


P&H High Court: No Preference in Jobs for TET-2011 Candidates(22.02.2016)

Punjab and Haryana High Court has made it clear that candidates for master cadre cannot seek preference on ground that they passed Punjab State Teache.....

Tags : Punjab and Haryana High Court, Punjab State Teachers Eligibility Test


Kerala HC: Judicial Officer Aged Above 58.5 Years Not Eligible for Elevation as HC Judge(03.03.2020)

Kerala High Court has held that for elevation to the Higher judiciary, a Judicial Officer should not be more than 58.5 years of age, as on the date of.....

Tags : Kerala High Court, Eligibility for Elevation as High Court Judge


Patna HC Dismisses Students’ Plea Seeking Changes in Eligibility Criteria for Application under BPSC(11.03.2020)

Patna High Court has dismissed a Writ Petition filed by four final year students of Chanakya National Law University seeking consideration of their ap.....

Tags : Patna High Court, Eligibility Criteria, BPSC


Calcutta HC: Exemption Notification’s Eligibility is Question Relating to Rate of Duty(01.04.2022)

Calcutta High Court has dismissed an appeal on the ground of maintainability by holding that the question with regard to the eligibility of exemption .....

Tags : Calcutta High Court, Eligibility of Exemption Notification


Supreme Court Rejects Plea Seeking Postponement of NEET PG 2022(13.05.2022)

Supreme Court has rejected a plea to postpone the National Eligibility cum Entrance Test postgraduate exam, 2022 which is set to take place on May 21......

Tags : Supreme Court, National Eligibility cum Entrance Test postgraduate exam, 2022, candidates, May 21


Madras HC: TET Not Compulsory for Teachers In Minority Institutions(03.05.2022)

Madras High Court has reiterated that Teacher Eligibility Test qualification cannot be made applicable to minority institutions.

Tags : Madras High Court, Teacher Eligibility Test , minority institutions


Madras HC: TET Won’t Apply to Minority Institutions(26.08.2016)

Madras High Court has made it clear that the Teachers Eligibility Test (TET) stipulated by the National Council for Teachers Education cannot be made .....

Tags : Madras High Court, Teachers Eligibility Test


Madras HC: Teachers Who Unqualified TET Cannot Continue Service in Schools(08.04.2022)

Madras High Court has observed that it is compulsory for the teachers, who did not possess the minimum qualification of pass in Teacher Eligibility Te.....

Tags : Madras High Court, Teacher Eligibility Test, Right to Education Act, 2009, nine years


SC Issues Notice in Plea Seeking Quashing of Condition for Eligibility of Civil Judge Exam(30.12.2020)

Supreme Court has issued notice in a plea which seeks to quash the pre-requisite condition of three years of practice as an Advocate to be eligible fo.....

Tags : Supreme Court, Condition for Eligibility of Civil Judge Exam


Del HC: Court’s Jurisdiction in Quo Warranto Writ Limited to Cases Where Office Bearer is Ineligible(28.07.2022)

Delhi High Court has held that the jurisdiction of the Court while issuing a writ of quo warranto is limited to cases where the person holding public .....

Tags : Delhi High Court, Quo Warranto, Jurisdiction, Eligibility


Delhi HC: AIIMS Can't Prescribe Eligibility Criteria That Nullifies Recognition Granted by INC(19.07.2022)

Delhi High Court has held that it is open for AIIMS to prescribe eligibility criteria and setting the bar for admission in courses so long as the rest.....

Tags : Delhi High Court, AIIMS, Eligibility


Kerala HC Terms UGC’s NET Criteria ‘Unconstitutional’(06.01.2017)

Kerala High Court has declared unconstitutional the University Grants Commissions‘s (UGC) National Eligibility Test criterion that top 15 per cent of .....

Tags : Kerala High Court, University Grants Commissions, National Eligibility Test


Madras HC: TET Not Mandatory For Teachers Recruited Before November 15, 2011(12.04.2017)

Madras HC has asked State Government not to compel school teachers recruited before November 15, 2011, to clear Teacher Eligibility Test scheduled for.....

Tags : Madras HC, Teacher Eligibility Test


Madras HC Rejects Plea to Stop Government from Firing Teachers(02.05.2019)

Madras High Court has rejected a plea from school teachers to restrain the government from terminating their services for not passing the Teachers Eli.....

Tags : Madras High Court, Teachers Eligibility Test (TET)



Decision to represent India in a sporting event, best left to experts, interference by Court in selection criteria not called for.(11.08.2016)

Petitioner seeks quashing of action of Union of India and Sports Authority of India respectively in not selecting Petitioner for participation in Rio .....

Tags : Selection Criteria, Qualification System, Eligibility


In commercial matters, judicial interference is warranted only when administrative action of Government is illegal or irrational(03.01.2017)

BLS international services limited, a public limited company, involving itself in providing visa, passport, consular and attestation related services .....

Tags : Tender, Eligibility, Interference, Scope


It is not possible for Supreme Court to scrutinize documents as to its sufficiency or otherwise(31.01.2017)

Present appeal by way of special leave impugns final judgment passed by High Court whereby High Court allowed the Appeal filed by Respondents and ther.....

Tags : Scheme, Benefit, Eligibility


For every kind of refund, time limit as prescribed under Section 11B of Central Excise Act, 1944 is applicable(30.01.2017)

In facts of present case, Appellant is a 100% EOU engaged in manufacture and export of pharmaceutical products issued with private bonded warehouse an.....

Tags : Refund, Eligibility, Time bar


Candidate Eligible for Appointment as Language Pandit (Telugu) as Rules did not Disqualify a Degree From Dr. B.R. Ambedkar Open University(22.02.2017)

In facts of present case, Appellants were directed by Andhra Pradesh Administrative Tribunal at Hyderabad to consider the Respondent for appointment t.....

Tags : Rules, Appointment, Eligibility


Terms and Conditions of Policy have to be Strictly Construed to Determine Extent of Liability of Insurer(20.02.2017)

Instant revision petition has been filed against the impugned order passed by Haryana State Consumer Disputes Redressal Commission in Appeal No. 1192/.....

Tags : Claim, Eligibility, Terms and conditions, Policy


Candidate has no right to insist that, vacancy in the Government service should be filled up immediately on its becoming available(08.08.2018)

In present batch of writ petitions, challenge has been thrown to the Advertisement Notification No. Pers-A400/2006/7503-403 dated 30th December, 2016 .....

Tags : Posts, Recruitment, Eligibility


CENVAT credit on GTA service is not eligible from factory to buyer's premises and eligible only upto place of removal which is factory gate(09.07.2018)

The Appellants are manufacturers of radiators and parts and are availing the facility of CENVAT credit of duty paid on inputs and service tax paid for.....

Tags : Credit, Eligibility, Demand, Confirmation


Words used in advertisement should be given a literal meaning and same is to be considered strictly(05.02.2019)

Present appeal was filed against the impugned judgment and order passed by the High Court by which the Division Bench has dismissed the said appeal an.....

Tags : Termination, Eligibility criteria, Validity


Fixing of any eligibility criteria is within the exclusive domain of Legislature(04.06.2019)

Petitioner applied for the posts of Librarian which were notified vide Advertisement Notification by Respondent No. 2. While notifying these posts, th.....

Tags : Appointment, Eligibility criteria, Age limit


It is not for the Courts to substitute a Scheme or add or subtract from the terms thereof in judicial review(08.01.2020)

In facts of present case, Jagdish Raj, husband of Respondent No. 1 and father of Respondent No. 2, was appointed as a Clerk-cum-Shroff in the Appellan.....

Tags : Compassionate employment, Benefit, Eligibility


Fact of family’s sustenance for long-time is sufficient to deny compassionate appointment(20.12.2019)

In present case, Petitioner seeks quashing of order passed by Respondent No. 2 vide which her case for compassionate appointment was rejected. The hu.....

Tags : Compassionate Appointment, Eligibility, Time period


A candidate seeking appointment to a civil post cannot have an indefeasible right to appointment merely because of appearance of his name in merit list(15.01.2020)

In facts of present case, the candidates who were initially appointed as Lower Division Clerks and promoted as Upper Division Clerks/Head Clerks invok.....

Tags : Appointment, Eligibility, Right


Once contract of employment comes to end by efflux of time, it cannot be claimed as a vested right for its extension(28.08.2020)

Present Petition has been filed by the Petitioner seeking directions to the Respondents to continue the services of the Petitioner in the post of Lega.....

Tags : Contract, Extension, Eligibility


Parties may waive the applicability of Section 12(5) of A&C Act by way of an express agreement in writing after the disputes have arisen(28.01.2021)

The Petitioner has filed the present petition under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996 ('A&C Act'), seeking that the man.....

Tags : Arbitrator, Appointment, Eligibility


Once an employee takes voluntary retirement under a VRS Scheme, he cannot claim benefits with respect to past services(20.03.2017)

By filing present writ petition, Petitioner prays for grant of second Time Bound Promotion Scale (TBPS) dated 23rd July, 1997. However, Petitioner too.....

Tags : Promotion, Eligibility, VRS


Promotion of candidate takes effect from date of minimum period of eligibility(08.03.2021)

The prayer of the Petitioners in present petitions is that, they should be promoted to the post of Professor from the post of Associate Professor with.....

Tags : Promotion, Entitlement, Eligibility


Section 12(5) r/w Seventh Schedule of Arbitration & Conciliation Act, 1996, which deals with ineligibility of a person to be appointed as Arbitrator, is mandatory and non-derogable provision(20.01.2021)

The Appellant No. 1 / HARSAC, Department of Science and Technology, Government of Haryana is the nodal agency for Geographic Information System (“GIS”.....

Tags : Arbitrator, Eligibility, Provision


A person ineligible under Section 29A of IBC would not be permitted to propose a compromise or arrangement under Section 230 of the Companies Act, 2013(15.03.2021)

In present case, by its judgment, the National Company Law Appellate Tribunal held that, a person who is ineligible under Section 29A of the Insolvenc.....

Tags : Compromise, Proposal, Eligibility


Claim of regularization can be made only within the four corners of a scheme(13.05.2021)

The Petitioner has prayed for regularizing her in service w.e.f. 14th February, 2002, i.e. on completion of 10 years of service with all consequential.....

Tags : Regularization, Eligibility, Retrospective effect


An assessee is bound within four corners of the statute and the period of limitation prescribed in Excise Act and Rules in refund claims before the Departmental Authorities(16.03.2021)

The Applicant was engaged in manufacturing of "Galvanized Transmission & Communication Tower Parts". The Appellant filed a refund claim amounting to R.....

Tags : Refund, Eligibility, Time period


Registration of the assessee trust cannot be rejected merely on basis that it is for the benefit of a restricted group of employees of the Company(21.10.2021)

In facts of present case, International Centre for research on Women Ltd. ('ICRW') is a non-profit organisation with the object of promoting social an.....

Tags : Registration, Trust, Eligibility


In the absence of an application seeking condonation of delay, the written statement could not be taken on record(12.10.2021)

The present petition was filed impugning the order of the District Judge (Commercial), dismissing of the application of the Petitioner/defendant under.....

Tags : Delay, Condonation, Eligibility


Writ of mandamus cannot be issued directing the competent authority to grant relaxation in qualifying service(22.11.2021)

Appellant impugned judgment passed by the Division Bench of the High Court by which the Division Bench of the High Court has dismissed the Special App.....

Tags : Eligibility lists, Quashing, Legality


Interse placement of candidates selected through LCE must be based on merit and not on the basis of seniority(12.08.2021)

The Petitioners are Members of the Higher Judicial Services working as District Judges in the State of Madhya Pradesh. They were appointed to the High.....

Tags : Merits, Seniority, Eligibility


State cannot enrich itself unjustly, when no duty was liable to be paid by Appellant(16.08.2021)

The Appellant is engaged a manufacture of Galvanized Transmission and Communication Tower Plants. A refund claim for an amount of Rs.2,01,262 was file.....

Tags : Refund, Time bar, Eligibility


Interest earned by the assessee on surplus held with cooperative banks would be eligible for deduction under Section 80P(2)(d) of the IT Act(20.05.2022)

The Revenue is in appeal in respect of the allowability of deduction under Section 80P(2)(d) of the Income Tax Act, 1961 (IT Act) in respect of intere.....

Tags : Interest, Deduction, Eligibility


While considering the loss of dependency, 40% of the income is required to be added towards future prospects(21.10.2022)

The original claimants have preferred the present appeal to enhance the amount of compensation feeling aggrieved and dissatisfied with the impugned ju.....

Tags : Compensation, Enhancement, Eligibility


Compassionate appointment being a concession and not a right cannot be used as a mode of recruitment in public sector organisations(19.10.2022)

The Petitioner, who is the son of late Shri Mata Pher, who was working as a gardener with the Respondent no.2 and, while in service, expired on 23rd M.....

Tags : Post, Appointment, Eligibility


Bail cannot be declined to an accused only because the accused is charge-sheeted for a grave economic offence(30.11.2022)

Present is an application on behalf of the Petitioner under Section 439 read with Section 482 of Code of Criminal Procedure, 1973 (CrPC) for the grant.....

Tags : Bail, Grant, Eligibility


Mere discrepancy in filing the Income Tax Return instead of the Income Certificate cannot lead to a situation where an eligible meritorious candidate is deprived of the scholarship(12.12.2022)

The Petitioner joined Respondent No.2 - Rajiv Gandhi National University of Law ("University") in the five years law course. He belongs to the Schedul.....

Tags : Scholarship, Grant, Eligibility


Public interest or change in policy may be sufficient to negate concept of legitimate expectation.(08.05.2017)

Petitioner, a public limited company, engaged in providing oil and gas rigs on rent with related services, claim that a direction should be issued to .....

Tags : Tender, Grant, Eligibility


Mere pendency of several criminal cases against the accused cannot itself be the basis for refusal of bail(28.12.2022)

The present application is filed under Section 439 of Code of Criminal Procedure, 1973 (Cr.P.C.), seeking regular bail in FIR, filed under Section 25 .....

Tags : Bail, Grant, Eligibility


Where income is assessable to tax over a number of years, credit for tax deducted at source shall be allowed across those years in same proportion in which income is assessable to tax(30.11.2022)

Present is an appeal filed by the assessee against the order of the learned Commissioner of Income Tax (Appeals), in proceeding under Section 154 of I.....

Tags : TDS, Credit, Eligibility


Refund shall be effected on production of necessary documents of evidences(27.06.2017)

Present appeal is against impugned order dated 11.1.2016 passed by Commissioner of Customs (A) whereby Commissioner (A) set aside the Order-in-Origina.....

Tags : Refund, Eligibility, Document, Production


Pension Scheme could not be extended to employees who were specifically excluded by the legislation from its ambit(26.04.2021)

The present writ petition has been filed by 82 Petitioners, being ex employees of different Public Sector Insurance Companies (PSICs), challenging the.....

Tags : Benefit, Pension Rules, Eligibility


When there is no lapse/delay on the part of the Applicant, he cannot be punished for the same(15.12.2022)

The original writ Petitioners have preferred the present appeal feeling aggrieved with the impugned judgment and order passed by the High Court by whi.....

Tags : Appointment, Eligibility, Direction


Nobody can claim regularization as a matter of right de hors the regularization policy(23.12.2022)

The present petition has been preferred by the Petitioner under Article 226 of the Constitution of India, 1950 against the award passed by Presiding O.....

Tags : Scheme, Regularization, Eligibility


Onus for submitting bona fide documents to the department is on a candidate and any misrepresentation or concealment of facts tantamount to forgery(09.11.2022)

The applicant was initially engaged as casual Khallasi under the Railway. On the basis of a Circular dated 28th February, 2001 issued by the Railway d.....

Tags : Misrepresentation, Appointment, Eligibility


Lowered education loan criteria for SC/ST students to be decided by RBI and Government(13.10.2015)

Kerala High Court dismissed petitions against the decision of the State Bank of Travancore to not grant the petitioners educational loans for failing .....

Tags : Education, loan, lower, eligibility, scheduled caste


Petitioner cannot be denied the right of getting an opportunity to participate in Orientation/Refresher Courses conducted by UGC, merely because she is under suspension(21.07.2017)

By present petition, Petitioner seeks a writ in nature of certiorari quashing impugned letter/e-mail dated 6th June, 2017 communicated by Respondent N.....

Tags : Programme, Participation, Eligibility


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

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

Tags : Mining, application, eligibility, constitutionality


Lower eligibility limit for OBC student applying to M. Phil Programme ordered(19.01.2016)

Jawaharlal Nehru University’s policy of requiring OBC students meeting the same threshold to qualify for its M. Phil Programme as general category stu.....

Tags : Higher education, reservation, obc, eligibility


Compassionate appointment is not a Rule and cannot be sought as a matter of right(17.11.2022)

In facts of present matter, Applicant was minor at the time of death of his mother. Respondents have paid the retiral dues and also granted family pen.....

Tags : Compassionate appointment, Eligibility, Right


College cannot claim non-eligibility for course if no mala fide in admission(13.05.2016)

A candidate once admitted to a college after full and true disclosure of her qualifications before the relevant authorities cannot be asked to vacate .....

Tags : Nursing, admission, eligibility requirement


Compensation or damages assessed for personal injuries should be substantial to compensate injured for deprivation suffered by injured throughout his/her life(05.02.2020)

In present case, Kajal was a bright young girl. She used to attend school, play with her friends and lead a normal life like any other child. Unfortun.....

Tags : Compensation, Enhancement, Eligibility


Post held as a member of Waqf Board not co-terminus to post as member of Bar Council of State(22.12.2016)

By present writ petition, Petitioner, a member of Waqf Board seeks direction to quash and set aside impugned Notification issued by Respondent No.1 on.....

Tags : Post, Eligibility, Notification, Validity


Scope of judicial review is limited to the deficiency in decision making process and not the decision(20.06.2022)

The sum and substance of the grievances of the Petitioners is that, their names have not been included in the final selection list by the Selection Co.....

Tags : Selection criteria, Eligibility, Entitlement


Party can claim maintenance from the estate of husband under Section 19 of Hindu Adoption and Maintenance Act, 1956 only after demonstrating that she is unable to maintain herself(07.09.2020)

The Petitioner was blessed with two sons. Late Bhupinder was married to Respondent no. 1 on 12th December, 2004 and died on 21st May, 2015. Respondent.....

Tags : Maintenance, Eligibility, Proof


Interest income earned on deposits in the Bank is also in the nature of business income eligible for deduction under Section 80P(2) of IT Act(06.01.2021)

The assessee is a Co-Operative Credit Society and carries on its activities of in providing loans to its members and earns interest income and also ac.....

Tags : Assessment, Deduction, Eligibility