10 May 2021


Search Results for Tag : Entitlement

Judgments

If employees choose to accept transition from one concern to another and acquiesce then after decades cannot be permitted to turn back and challenge entire developments(08.08.2016)

In Instant case, Respondents, a group of twenty one employees of PEPSU Roadways claimed that in spite of transfer of that department to the Corporatio.....

Tags : Retiral Benefits, Entitlement

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Purpose of import can be gathered from actual use, Supreme Court held that, Show cause notice not time barred as issued soon after the information gathered(08.08.2016)

As soon as information was gathered by DRI, show cause notice was issued. Therefore, Supreme Court opined that, show cause notice had been issued with.....

Tags : Notifications, Exemptions, Entitlement

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Mere chance of promotion is not a fundamental right(08.08.2016)

Right to be considered for promotion is a right which flows from applicable rule or a policy governing promotion matters

Petitioners w.....

Tags : Promotion, Entitlement

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Incidence of duty in two Enactments independent to each other and one duty can be levied without other(24.08.2016)

Notification No. 37 of 1996 dated 23.7.1996, issued by Government pursuant to trade treaty whereby specified goods in Notification when imported into .....

Tags : Special additional duty, Refund, Entitlement

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There should be a finality attached to the issue once it stands decided by the higher Courts on merits(05.12.2016)

Appellant was Ruler of the princely State of Kota. He owned extensive properties which, included two residential palaces known as "Umed Bhawan Palace".....

Tags : Levy, exemption, Entitlement

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A person is entitled to compensation, if there is delay in settlement of legitimate claim thereof(21.12.2016)

Present petition has been filed to set aside award passed by second Respondent, Sole Arbitrator in so far as the failure to consider claim for compens.....

Tags : Delay, Compensation, Entitlement

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

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

Tags : Amendment, Application, Entitlement

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Employees of private schools in Delhi ought to receive monetary emoluments equal to similarly placed employees in government schools(17.01.2017)

By present writ petition, Petitioners who are admittedly employees of Respondent no. 1/school, such persons working as Drivers, seek the relief of bei.....

Tags : Salary, Entitlement, Private schools

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Mere filing of appeal by convicted person should not be a ground to suspend conviction(16.01.2017)

Present application has been filed by Applicant-appellant under Section 389 read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) se.....

Tags : Conviction, Suspension, Entitlement

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If keys of vehicles left inside ignition socket, it amounts to grave negligence on part of complainant(19.01.2017)

Claim under insurance policy was filed with Insurance Company, but same was repudiated stating that, keys of the vehicle were left in ignition socket .....

Tags : Insurance, Claim, Entitlement

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Court has to consider effect of subsequent development on bona fide need of landlord(07.02.2017)

Instant appeal by way of special leave is preferred against order passed by High Court wherein High Court affirmed order passed by Additional District.....

Tags : Eviction, Bonafide need, Entitlement

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Bank is Liable to Pay Compensation, if the Original Title Deed had been Lost(20.02.2017)

Instant first appeal has been filed against the impugned order passed by Kerala State Consumer Disputes Redressal Commission vide which, Consumer Comp.....

Tags : Compensation, Entitlement, Limitation

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Premium collected by Company on its share capital cannot be claimed as deduction(28.03.2017)

Appellant is a Limited Company engaged in business of manufacture and sale of various kinds of paints. For Assessment Year 1996-1997, Appellant (Asses.....

Tags : Assessment, Deduction, Entitlement

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FIR is not a substantive piece of evidence; it can be used only for purposes of corroboration or contradiction of maker only(08.05.2017)

Aggrieved by nil award passed by learned Member, Motor Accident Claims Tribunal, present appeal is preferred by appellant-claimants. Appellant claimed.....

Tags : Nil Award, Compensation, Entitlement

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Refund claim cannot be converted into rebate claim without following prescribed procedure(15.05.2017)

In facts of present case, Appellants are engaged in manufacture of excisable goods falling under Chapter Heading 7308 90 90 of Central Excise Tariff A.....

Tags : Refund, Entitlement, Procedure, Compliance

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When there has been devolution of interest during pendency of suit, suit may, by leave of Court, be continued by or against persons upon whom such interest has devolved(10.07.2017)

By present application, challenge is made to order passed by District Judge, whereby appellate Court rejected application of Petitioner under Order XX.....

Tags : Interest, Devolution, Substitution, Entitlement

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A party cannot be allowed to avail of both exemptions, when clear intention is to permit only one exemption(13.07.2017)

In facts of present case, Petitioner is a manufacturer of various models of tractors. Tractors which are so manufactured, are sold both in domestic ma.....

Tags : Duty, Rebate, Entitlement

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Adjustment or exercise of banker's lien can be made, only if, employee makes over pensionary benefits voluntarily to the bank(03.08.2017)

In present case, Petitioner seeks gratuity from his employer. Petitioner submitted that, the Petitioner was an employee of a bank. A disciplinary proc.....

Tags : Gratuity, Entitlement, Loan, Adjustment

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Mere availability of injured/dead-body in a railway yard does not per-se prove that, dead-body is of a passenger travelling in a train(17.08.2017)

The present claim application has been filed by parents of the deceased under Section 16 of the Railway Claims Tribunal Act, 1989 seeking compensation.....

Tags : Untoward accident, Compensation, Entitlement

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State Governments have power to levy sales tax on value of material in execution of the works contract(28.08.2017)

In facts of present case, in the year 1954, the State Government of Rajasthan enacted Rajasthan Sales Tax Act in order to tax the sales and purchase o.....

Tags : Works contract, Exemption, Entitlement

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Right to medical claim cannot be denied merely because name of hospital is not included in Government Order(13.04.2018)

The jurisdiction of present Court has been invoked by the Petitioner by filing present writ petition against the alleged unfair treatment meted out to.....

Tags : Reimbursement, Medical claim, Entitlement

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Bank is precluded from declining benefits of Scheme as same is non-discretionary and non-discriminatory(22.05.2018)

In facts of present case, Petitioner availed a career loan from State Bank of India (the Bank) during 2007 for pursuing pilot training course. The fat.....

Tags : Scheme, Benefit, Entitlement

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Bank is precluded from declining benefits of Scheme as same is non-discretionary and non-discriminatory(22.05.2018)

In facts of present case, Petitioner availed a career loan from State Bank of India (the Bank) during 2007 for pursuing pilot training course. The fat.....

Tags : Scheme, Benefit, Entitlement

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Retiral dues is an employee’s rightful claim and is not a bounty(25.06.2018)

The Petitioner retired as the Director (Finance) of the Institute of Cost Accountant of India, i.e. the respondent No. 1, on June 30, 2016. His grieva.....

Tags : Retiral benefits, Entitlement, Delay

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FIR cannot be quashed at the threshold itself without allowing the investigation to proceed(01.08.2018)

In present petition, the Petitioners crave the indulgence of present Court in quashing the FIR registered against them at Police Station. The complain.....

Tags : FIR, Quashing of, Entitlement

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No employee has a right of promotion but has only right to be considered for promotion according to the Rules(10.08.2018)

Present order shall dispose of the application filed by applicant seeking review of the judgment. The writ petition was allowed by present Court holdi.....

Tags : Post, Promotion, Entitlement

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A government employee is entitled to get his previous service counted for purpose of pensionary benefits(08.08.2018)

The current application has been filed seeking the relief to Direct the Respondents (DTTE, GNCT of Delhi) to count the previous/past service (w.e.f. 2.....

Tags : Pensionary benefits, Previous service, Entitlement

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A litigant can take different stands at different times but cannot take contradictory stands in the same case(08.10.2018)

The Appellant is an assignee of debt by the Industrial Finance Corporation of India Ltd. ("IFCI") for the outstanding of Mahendra Petrochemicals Ltd. .....

Tags : Substitution, Secured creditor, Entitlement

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In a case of composite negligence where liability is joint and several, it is choice of claimants to claim compensation from either of tortfeasor(17.11.2018)

Instant appeals arise out of the same accident. Tribunal fastened the entire liability upon the Insurance Company to pay compensation on the ground th.....

Tags : Negligence, Compensation, Entitlement

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Grant of relief of specific performance is a discretionary and equitable relief(07.01.2019)

The Appellant filed the civil suit against the Respondents claiming specific performance of the contract in relation to the suit land. The Respondents.....

Tags : Agreement, Specific performance, Entitlement

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Once it is held that power bank is also a kind of mobile charger, benefit of Notification will be available(14.01.2019)

In facts of the present case, the Respondent assessee was engaged in the manufacture of power bank/portable mobile charger out of imported components......

Tags : Classification, Exemption, Entitlement

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Court could hear appeal on any other substantial question of law not formulated by it, but only after recording reasons that, case involves such a question(15.02.2019)

The Appellant had filed the suit for specific performance of Agreement to Sell that was decreed by the Court of Additional Civil Judge, by the judgmen.....

Tags : Specific performance, Agreement, Entitlement

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In cases of medical negligence, where a special skill or competence is attributed to a doctor, a doctor need not possess highest expert skill, at risk of being found negligent(25.02.2019)

The sad demise of the wife of the Appellant has resulted in the legal proceedings being initiated by the Appellant on a belief that, the cause of her .....

Tags : Medical negligence, Compensation, Entitlement

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Amendment in pleadings cannot be refused merely because of some mistake, negligence, inadvertence or even infraction of Rules of Procedure(01.03.2019)

The Order passed by the High Court of Delhi is subject matter of challenge in the present appeal. By the aforesaid order, a petition against an order .....

Tags : Plaint, Amendment, Entitlement

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Failure of a lawyer in taking timely steps, which resulted in causing delay in its filing/refiling, cannot be regarded as a sufficient cause to condone the delay(12.03.2019)

In the facts of present case, the Respondent filed a civil suit against the Appellants (HUDA) claiming a decree for declaration with consequential rel.....

Tags : Delay, Condonation, Entitlement

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A decision rendered by Courts in an unsatisfactory conducting of trial of suit is not legally sustainable(28.03.2019)

The Appellant (Plaintiff) filed Civil Suit against the original Respondent (Defendant) for permanent injunction in relation to the suit property. The .....

Tags : Fair opportunity, Right to contest, Entitlement

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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

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Mere presence of a body on railway premises will not be conclusive to hold that, injured or deceased was a bona fide passenger for compensation claim(09.04.2019)

The Applicant has filed present claim petition under Section 16 of the Railway Claims Tribunal Act, 1987 seeking compensation for an amount of Rs. 4,0.....

Tags : Cause of death, Proof, Compensation, Entitlement

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Information is liable to be disclosed when larger public interest of the employees is involved(18.04.2019)

The Appellant vide his RTI application sought information regarding Cambata Aviation Pvt. Ltd., certified copy of the balance sheet and P/L Account fo.....

Tags : Information, Disclosure, Entitlement

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Expert opinion is not mandatory while adjudicating a complaint of medical negligence(02.05.2019)

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

Tags : Medical negligence, Compensation, Entitlement

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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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Arbitration clause in Agreement does not bar jurisdiction of Consumer Fora to entertain Complaint(21.05.2019)

The brief facts in present case are that the Complainant, lured by the rosy representation of the officials of the Developer and the promise of posses.....

Tags : Service, Deficiency, Refund, Entitlement

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Judgment on all issues is to be pronounced mandatorily(04.06.2019)

Present appeal has been filed by the original Claimants challenging the dismissal of their claim petition under Section 166 of the Motor Vehicles Act,.....

Tags : Award, Compensation, Entitlement

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Control by Government authorities requires managerial control on day to day functioning of such society in order to claim exemption provided for purchase of hospital equipment(03.06.2019)

Rejection of Appellant's claim for exemption of customs duty under Notification No. 63/88-Cus against purchase of hospital equipment (C.T. Scanner) by.....

Tags : Notification, Exemption, Entitlement

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Suo motu credit cannot be taken without applying for refund(04.06.2019)

In present case, the Appellants are engaged in the manufacture of transformers. For smooth functioning of the said final product, the Appellants use t.....

Tags : Suo motu credit, Cenvat account, Entitlement

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Concurrent findings of lower Fora can only be challenged on ground of miscarriage of justice or if order was against existing law or perverse(17.06.2019)

In facts of present case, the Petitioner/Complainant stated in his Complaint that, he handed over a carton 50 pcs of Gun metal bushes to Opposite Part.....

Tags : Compensation, Enhancement, Entitlement

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Power of rejection or refusal can be exercised by State Government after giving an opportunity of being heard(18.06.2019)

The challenge in present petition under Article 226 of the Constitution of India is to the order passed by the first Respondent which has been confirm.....

Tags : Personal hearing, Opportunity, Entitlement

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Tribunal cannot accept disability certificate without examining Doctor concerned(26.06.2019)

Present appeal has been filed by the original claimant for enhancement of compensation. He had filed Petition before Motor Accident Claimed Tribunal, .....

Tags : Compensation, Enhancement, Entitlement

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Bail cannot be granted, if it appears considering the antecedents of Applicant, that by taking advantage of anticipatory bail order, he will flee from justice(06.07.2019)

In present case, learned Senior Advocate for the Applicant apprehends imminent arrest in view of the lodgment of First Information Report for alleged.....

Tags : Anticipatory Bail, Grounds, Entitlement

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A decision on debatable point of law or fact cannot be corrected by way of rectification(11.11.2019)

Present order disposes of an application praying for rectification of mistake in final order. Learned Counsel for the applicant has submitted that, pr.....

Tags : Final order, Rectification, Entitlement

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If amount is not voluntarily paid by assessee and later on case is decided in his favour, then he is entitled to interest from date of deposits made by assessee(18.11.2019)

The present appeal is directed against the impugned order passed by the Commissioner (Appeals) whereby the Commissioner (Appeals) has allowed the inte.....

Tags : Interest, Entitlement, Date

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Minimum service stipulated in Rules cannot be ignored while considering claim for invalid pension(04.12.2019)

Present appeal arises out of the judgment whereunder the High Court has dismissed the Appellants' challenge to the order of the Odisha Administrative .....

Tags : Qualifying service, Pension, Entitlement

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If a Court is satisfied that, personal attendance of an Accused before it need not be insisted on, then Court has power to dispense with attendance of Accused(16.12.2019)

In facts of present case, the Appellant submitted an application before the learned Trial Court under Section 205 of the Code of Criminal Procedure, 1.....

Tags : Appearance, Exemption, Entitlement

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Merely because the wife is capable of earning is not a sufficient reason to deny her the maintenance(18.12.2019)

The present revision petition assails the order passed by Family Court in Complaint Case. Vide the aforesaid order passed in the petition filed under .....

Tags : Interim maintenance, Award, Entitlement

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Complainants cannot be made to wait indefinitely for delivery of possession, when they had already paid almost entire consideration(23.12.2019)

Instant Consumer Complaints, under Section 21 read with Section 12(1)(a) of the Consumer Protection Act, 1986 have been filed by the Complainants, the.....

Tags : Deficiency, Compensation, Entitlement

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State cannot be permitted to perfect its title over the land by invoking doctrine of adverse possession to grab property of its own citizens(08.01.2020)

The Appellant now almost 80 years old, was undisputedly the owner of land admeasuring about 3.34 Hectares in Himachal Pradesh. The Respondent-State to.....

Tags : Compensation, Right, Entitlement

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Petitioner cannot get any relief, when there is non-disclosure of godowns and non-payment of tax which ultimately demonstrated misconduct(24.02.2020)

The subject matter of challenge in the instant writ proceeding is in respect of a seizure order dated 10th May, 2018, issued by the Respondent no. 4, .....

Tags : Seized goods, Release, Entitlement

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A person cannot be made to wait indefinitely for possession of flat allotted and is entitled to seek refund of amount paid(02.04.2020)

The Appellant-Builder launched a residential project by the name “Araya Complex” in Sector 62, Golf Course Extension Road, Gurugram. The Respondent- F.....

Tags : Refund, Interest, Entitlement

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A person cannot be made to wait indefinitely for possession of flat allotted and is entitled to seek refund of amount paid(02.04.2019)

The Appellant-Builder launched a residential project by the name “Araya Complex” in Sector 62, Golf Course Extension Road, Gurugram. The Respondent- F.....

Tags : Refund, Interest, Entitlement

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Recovery of interest on delayed period even though claimed after taking possession is maintainable(14.03.2019)

In facts of present case, Appellant-allottee has challenged the final order passed by Learned Member and Adjudicating Officer of MahaRERA Authority in.....

Tags : Delayed possession, Interest, Entitlement

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Authority has complete jurisdiction to decide complaint in regard to non-compliance of obligations by the promoter(05.02.2019)

A complaint was filed under Section 31 of the Real Estate (Regulation and Development) Act, 2016 read with rule 28 of the Haryana Real Estate (Regulat.....

Tags : Delayed possession, Refund, Entitlement

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Progress of the criminal law, once legitimately set in motion, should not be halted by judicial diktat, save in exceptional circumstances(06.05.2020)

Present writ petition, preferred under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) read with Article 226 of the Constitution of India, .....

Tags : Proceedings, Quashing of, Entitlement

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Secondary evidence can be permitted to be produced where party establishes factual foundation(13.05.2020)

Present appeal is directed against the judgment passed by the High Court whereby the High Court confirmed the order passed by the Civil Judge in appli.....

Tags : Will, Secondary evidence, Entitlement

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Application under Section 438 of Cr. PC is maintainable, even if, a person has been declared as proclaimed offender(12.05.2020)

Present is first bail application preferred by the Applicant under Section 438 of Code of Criminal Procedure, 1973 (CrPC) wherein he is apprehending h.....

Tags : Bail, Absconder, Entitlement

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Temporary non-use of premises due to the lockdown cannot be construed as rendering the lease void(21.05.2020)

The present revision petition was filed by the Appellants/Tenants (“Tenants”) challenging the order passed by the learned Senior Civil Judge-cum-Rent .....

Tags : Eviction, Suspension, Rent, Entitlement

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

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

Tags : Application, Admission, Entitlement

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Grant of remission or parole is not a right vested with the prisoner; it is a privilege available to the prisoner on fulfilling certain conditions(26.06.2020)

The Petitioner has been convicted for the offences punishable under Sections 302, 392, 328, 473, 34 of Indian Penal Code, 1860 (IPC) and has now sough.....

Tags : Parole, Release, Entitlement

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Doctor is not liable for negligence, if he performs his duty with reasonableness and with due care(29.06.2020)

The Complainant Satbir Singh ('the patient') while attending marriage of his friend due to fire cracker explosion suffered burn/crush injury to his ri.....

Tags : Injury, Compensation, Entitlement

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Evidence of a public officer cannot be thrown only on basis that he is a police officer(13.07.2020)

Present bail application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in connection with FIR reg.....

Tags : Bail, Entitlement

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Merely asking an official, who substantively holds a lower post, to discharge the duties of a higher post cannot be treated as a promotion(20.07.2020)

In present case, the Petitioner is seeking a 'Writ of Mandamus' upon the Respondents directing them to regularize/confirm/promote the Petitioner to th.....

Tags : Promotion, Right, Entitlement

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SC/ST Act guarantees a right to a victim or dependents to participate in any proceedings(21.07.2020)

Criminal Petition is filed under Section 439 of Code of Criminal Procedure, 1973 (CrPC) praying to release the Petitioner on bail in case registered f.....

Tags : Bail, Entitlement, Participation, Right

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While applying the multiplier method, future prospects on advancement in life and career are also to be taken into consideration(27.07.2020)

In present matter, the Appellant was travelling from Chennai to Bangalore in a bus owned by the Respondent State Corporation. While the bus was moving.....

Tags : Accident, Compensation, Entitlement

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Refund claim cannot be withheld on mere basis that, a notice has been issued under Section 143(2) of IT Act(27.07.2020)

Present writ petition under Article 226 of the Constitution of India, 1950 seeks mandamus for directing the Respondent to grant refund as determined u.....

Tags : Pending Assessment, Refund, Entitlement

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Promotion includes advancement to a higher pay scale without moving to a different post(06.08.2020)

The Appellants were all working as Telephone Operators with the Delhi Fire Service ("DFS"). On account of reorganisation of the wireless communication.....

Tags : Promotion, Pay scale, Entitlement

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Transfer of investigation must be done in rare and exceptional cases in order to do complete justice between the parties and to instil straight confidence in the public mind(19.08.2020)

Present Transfer Petition is filed Under Section 406 of the Code of Criminal Procedure, 1973 (CrPC) read with Order XXXIX of the Supreme Court Rules, .....

Tags : Investigation, Transfer, Entitlement

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Presumption that possession must be deemed to follow title, arises only where there is no definite proof of possession by anyone else(27.08.2020)

Present appeals are against a common judgment dismissing the Second Appeal filed by the Appellant, but allowing the Second Appeal filed by the Respond.....

Tags : Title, Declaration, Entitlement

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In absence of any remote connection with larger public interest, information relating to attendance record of staff members would be exempted(31.08.2020)

The Appellant filed an application under Delhi Right to Information Act, 2001 (DRTI Act, 2001) before Respondent No. 5 (Director of Education, Delhi) .....

Tags : Information, Disclosure, Entitlement

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In a Motor Accident Compensation Claims, compensation for 'loss of consortium' can be awarded to children and parents also(07.09.2020)

Present appeals have been filed by three Insurance Companies, i.e., New India Assurance Company Limited, Cholamandalam MS General Insurance Company Lt.....

Tags : Accident, Compensation, Entitlement

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Once a law has been made by the appropriate legislature, then it is not open for executive authorities to surreptitiously subvert its mandate(30.09.2020)

Present petitions, have been filed seeking special leave to appeal against a common order of the High Court through which their appeal against convict.....

Tags : Probation, Release, Entitlement

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Plea for transfer of case should not be entertained on mere apprehension of a hyper sensitive person(16.10.2020)

The present petitions are filed under Section 406 of the Code of Criminal Procedure, 1973 (CrPC) read with Order XXXIX of the Supreme Court Rules seek.....

Tags : Apprehension, Transfer plea, Entitlement

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Excess payments made to the employees during the pendency of the application before the Tribunal could not be recovered(27.10.2020)

By present writ petition, the employer has approached the Court challenging an order passed by the Industrial Court, whereby a Complaint filed by the .....

Tags : Excess amounts, Recovery, Entitlement

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Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by the Court while exercising its discretion(06.11.2020)

Bail Petitioner, who is behind the bars since 14.5.2020 in FIR registered under Sections 341, 323, 325, 307, 504, 506, 201 and 34 of Indian Penal Code.....

Tags : Bail, Entitlement, Conditions

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Power to transfer the petition under Section 21A of the Hindu Marriage Act, 1955 can be invoked only when the subsequent petition is either for judicial separation or for divorce(06.11.2020)

In present matter, the parties got married on 19th November, 2015 at Delhi. It appears that, disputes arose between the parties and the parties starte.....

Tags : Divorce petition, Transfer, Entitlement

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Conduct of the victim is also relevant for deciding bail application of rape accused(11.11.2020)

In facts of present case, a boy aged 20 years, who is incarcerating upon his arrest for alluring and raping a minor girl, has come up before present C.....

Tags : Bail, Entitlement, Conditions

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General allegation of 'surcharged atmosphere' is not sufficient to transfer a case from one Court to another(25.11.2020)

Present petitions are filed under Section 406 of the Code of Criminal Procedure, 1973 (CrPC) read with Order XXXIX of the Supreme Court Rules seeking .....

Tags : Trial, Transfer, Entitlement

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Seniority of promotees is determined on the basis of date of appointment(26.11.2020)

Present appeals challenge the common judgment of the Rajasthan High Court. The Division Bench of the High Court by the impugned judgment set aside an .....

Tags : Promotees, Seniority, Entitlement

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Bail decision must enter the cumulative effect of the variety of circumstances justifying the grant or refusal of bail(24.11.2020)

In present matter, based on a complaint, the police arrested the Petitioner in FIR registered under Section 304, 201 read with Section 34 of Indian Pe.....

Tags : Bail, Entitlement, Conditions

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Standard of proof in Motor Accident Claim Cases is one of preponderance of probabilities rather than beyond reasonable doubt(08.12.2020)

Present appeals are directed against the judgment passed by the High Court whereby the first appeal preferred by the New India Assurance Co. Ltd. (Res.....

Tags : Accident, Compensation, Entitlement

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Married daughters are eligible to seeking benefit of compassionate appointment(15.12.2020)

Petitioner in present petition has challenged the order denying appointment on compassionate ground on the death of her father on the score that she i.....

Tags : Married daughters, Compassionate appointment, Entitlement

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Non-explanation for delay in intimating the fact of disposal to detenu renders further detention invalid(21.12.2020)

The Petitioner - detenu takes an exception to the order of detention passed by the Respondent No. 1 - the Commissioner of Police, detaining him for th.....

Tags : Detention, Release, Entitlement

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To avail benefit under Section 54 of IT Act, unutilized portion of capital gains has to be deposited by assessee in capital gain account scheme before due date of filing of return of income(23.12.2020)

Present appeal filed by the assessee is directed against order of the learned Commissioner of Income Tax (Appeals) [CIT(A)]. The assessee argued that,.....

Tags : Assessment, Exemption, Entitlement

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Acceptance of the offer must be absolute and unqualified and cannot be conditional(05.01.2021)

Present appeal is against a common Judgment and Order passed by the High Court confirming a Judgment and Order of the Additional Senior Civil Judge, a.....

Tags : Refund, Earnest Deposits, Entitlement

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Petition for police protection under Section 482 of CrPC is not maintainable(11.01.2021)

The Petitioner Company was running a Factory at Ranipet and it had employed nearly 146 persons to carry on with its operations. Certain demands were r.....

Tags : Pending dispute, Police protection, Entitlement

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Benefit of probation under Probation of Offenders Act, 1958 is not excluded by the provisions of the mandatory minimum sentence prescribed for offences under IPC(19.01.2021)

The Appellants were youngsters aged 20 and 19 years, when they fell foul of the law. In pursuance to the reporting of the crime by complainant, an FIR.....

Tags : Probation, Benefit, Entitlement

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Maintenance is to be awarded from the date on which the application is made before the concerned Court(25.01.2021)

Inherent power under section 482 of the Code of Criminal Procedure, 1973 (CrPC) is invoked to challenge the judgment rendered by the Additional Sessio.....

Tags : Monetary relief, Entitlement, Date

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Parties who privately agree to settle their dispute outside the modes contemplated under Section 89 of the CPC are also entitled to refund of Court fees(17.02.2021)

Present special leave petitions arise out of judgment of the High Court. By the impugned judgment, the High Court allowed Petitions filed by the Respo.....

Tags : Court fees, Refund, Entitlement

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Statement recorded at the back of assessee cannot be used in evidence against the assessee, unless the right of cross-examination have been granted(17.02.2021)

Present appeal by Assessee has been directed against the Order of the Learned Commissioner of Income Tax (Appeal) [CIT(A)], New Delhi, for the Assessm.....

Tags : Additions, Cross-examination, Entitlement

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Defamatory complaints by highly educated spouse irreparably damaging reputation and career of partner amounts to mental cruelty entitling divorce decree(26.02.2021)

The challenge in present appeals is to the judgment and order in the First Appeal whereby the High Court had allowed both appeals by reversing the com.....

Tags : Marriage, Dissolution, Entitlement

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Export of goods does not attract duty as the export goods can be cleared either under bond or under claim for rebate(23.02.2021)

The brief facts of the case are that, the Appellant had imported certain capital goods under duty free EPCG scheme in the year 2011. The said capital .....

Tags : Cenvat credit, Rebate, Entitlement

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Huge delay cannot be condoned under Section 61 of the I and B Code(22.02.2021)

In facts of present case, impugned order has been passed by the Adjudicating Authority (National Company Law Tribunal) dismissing Appellant's applicat.....

Tags : Delay, Condonation, Entitlement

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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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Terms on which applications for compassionate appointment would be considered should be strictly adhered to and are subject to policy framed(06.09.2019)

The brief facts of the case are that, the Applicant is the daughter of Late Unnikrishnan K, who died in harness while working as Telecom Mechanic. The.....

Tags : Appointment, Compassionate ground, Entitlement

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Liberalised Family Pension is payable only to family members of Armed Forces personnel who have died in action(23.09.2019)

In present matter, Naib Subedar Umed Singh was enrolled in the Army. On 19th December, 2001, he was posted at the International Border in Operation Pa.....

Tags : Family members, Pension, Entitlement

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Land used for quarrying is not covered by term ‘commercial site’ and therefore not exempted from applicability of Kerala Land Reforms Act(30.09.2019)

The width and amplitude of the expression 'commercial site' in Section 2(5) and Section 81(1)(q) of the Kerala Land Reforms Act, 1963, falls for consi.....

Tags : Quarrying purposes, Exemption, Entitlement

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Bonafide necessity would lie only if there is a bonafide need as distinct from a mere desire for additional space(18.10.2019)

Petitioner impugns order whereby the leave to defend application of the Petitioner has been dismissed and an eviction order passed. Eviction petition .....

Tags : Eviction, Leave to defend, Entitlement

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A statement recorded under Section 67 of the NDPS Act cannot be used as a confessional statement in the trial of an offence under the NDPS Act(18.03.2021)

Petitioner has been accused of having committed offences under Sections 22(C), 23(C) & 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDP.....

Tags : Proceedings, Bail, Entitlement

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Any delay beyond the extended period of thirty days after expiry of normal period of sixty days, cannot be condoned(01.04.2021)

Present appeal is directed against the order passed by the Commissioner of Customs (Appeals), by which the appeal filed to assail the order passed by .....

Tags : Delay, Condonation, Entitlement

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If Refund is delayed by three months after filling Application for Refund, claimant becomes eligible to get interest(01.04.2021)

The Appellant has filed present Appeal against the impugned order-in-appeal passed by the Commissioner (Appeals), CGST and Central Excise, wherein SAD.....

Tags : Refund, Interest, Entitlement

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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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Compassionate employment cannot be granted after a lapse of reasonable period(09.04.2021)

The Respondent requested the Appellants to appoint her son in the place of his father who was missing since 2002 which was rejected. Aggrieved thereby.....

Tags : Compassionate appointment, Entitlement, time period

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When disputed questions of facts are involved which need to be adjudicated after parties adduce evidence, complaint under Section 138 of NI Act ought not to be quashed(06.04.2021)

The complainant filed a complaint under Sections 138/141/142 of Negotiable Instruments Act, 1881 (NI Act) before the learned trial Court for remedies .....

Tags : Complaint, Quashing of, Entitlement

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Unless otherwise agreed by parties, Arbitral Tribunal can award interest at reasonable rate for a period commencing from the date when the cause of action arises till the date of the award(22.04.2021)

The Appellants were awarded a contract by the State of Kerala for upgradation of a State Highway for two stretches, from Muvattupuzha-Thodupuzha and M.....

Tags : Interest, Delayed payment, Entitlement

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Deduction under Section 80-IA of IT Act is not restricted to 'Business Income' only(28.04.2021)

By an order of assessment, the Assessing Officer restricted the eligible deduction under Section 80-IA of the Income Tax Act, 1961 (IT Act) to the ext.....

Tags : Eligible deduction, Entitlement, Legality

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Benefits flowing from MACP Scheme are incentives and not part of pay(28.04.2021)

The short question that falls for consideration of present Court in present Appeals is whether the Government of India is justified in implementing th.....

Tags : Benefits, MACP Scheme, Entitlement

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Cenvat Credit on Outward Transportation Services is admissible up to the place of removal(28.04.2021)

The issue involved in the present case is that whether the Appellant is entitled for Cenvat Credit in respect of Outward Transport Service which is us.....

Tags : Cenvat Credit, Entitlement

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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

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News

SC: Entitlement of Homebuyer Starts from Date of Agreement and Not RERA Registration(04.11.2020)

Supreme Court has held that period for allotment of flat to a homebuyer has to be reckoned from the date of the buyer agreement and not from the date .....

Tags : Supreme Court, Entitlement of Homebuyer

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International Cases

Grantee cannot acquire more rights than those afforded by the grantor(04.11.2020)

Present appeal is directed against an order of the High Court, which upheld the exception raised by the Respondent, Tip Trans Resources (Pty) Ltd. (Ti.....

Tags : Contract, Rights, Entitlement

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Any order for further and better discovery is discretionary and the discretion must be exercised having regard to the objectives of case management(25.06.2020)

Present is the Plaintiff's application for discovery orders. The Plaintiff is seeking orders requiring the second Defendant to discover all applicatio.....

Tags : Discovery orders, Entitlement, Jurisdiction

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Application to reopen a case under same case number on same pleadings in order to thwart prescription is not permissible(20.04.2020)

The central issue in present appeal is whether, after an order of absolution from the instance at the end of a trial, the Appellant, Liberty Group Lim.....

Tags : Case re-opening, Entitlement

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A freezing order should not be made unless risk of dissipation is established(22.08.2019)

The Applicants are the brother and sister-in-law of the late Terry Ray Woodley (the deceased). They are also creditors of his estate. The first Respon.....

Tags : Freezing order, Remedy, Entitlement

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Delay itself constitutes a breach of claimant’s Convention rights and gives rise to a right to bring proceedings under Human Rights Act(06.03.2019)

The central issue in present appeal is whether the Court of Appeal in Northern Ireland was entitled to order that, a claim for damages under Section 8.....

Tags : Investigation, Delay, Damages, Entitlement

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It is unlawful to discriminate against part-time workers, when a retirement pension falls due for payment(12.07.2017)

Appellant is a retired self-employed barrister, who also held part-time judicial office as a recorder (a part-time judge of Crown Court) between 1 Mar.....

Tags : Pension, Entitlement, Directives, Applicability

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A treaty is binding upon each party in respect of its entire territory unless a different intention is expressed(16.10.2019)

The Appellants in present case are the executors of Mrs Beryl Coulter, who died in Jersey on 9 October 2007, leaving her residuary estate on trust for.....

Tags : Inheritance tax, Relief, Entitlement

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There must be certainty of intention to create a trust on part of settler in relation to the subject-matter of trust and as to the beneficiary of the trust(02.10.2019)

On 20 September 1948, Nawab Moin Nawaz Jung (Moin) caused the sum of £1 million to be transferred from an account of the Government of Hyderabad held .....

Tags : Transfer, Fund, Entitlement

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Court has broad powers under Section 21 of the Charitable Trusts Act, 1962 to make orders in respect of any property, money or income subject to a trust for charitable purposes(03.03.2021)

The Plaintiffs commenced present proceedings by originating summons filed 25 January 2021. The Plaintiffs seek relief, including declarations that the.....

Tags : Trust Fund, Legal costs, Entitlement

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In order to avoid liability under Section of COIDA, onus of satisfying the Court is on employer(04.03.2021)

In present case, On 5 April 2017 the Appellant, Ms Catherine Churchill, went to work as usual at the offices of the first Respondent, the Premier of 4.....

Tags : Damages, Compensation, Entitlement

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