14 October 2019


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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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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International Cases

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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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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