Search Results for Tag : GAL
Statute
Election Laws (Amendment) Bill, 2016(17.02.2016)
The Union Cabinet approved amendments to the Delimitation Act, 2002 and the Representation of the People Act, 1950, enabling the Election Commission t.....
Tags : West Bengal, enclaves, right to vote
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Top Story
Possession of old 500 & 1000 rupee notes set to become illegal(29.12.2016)
The Central Government Cabinet had approved an ordinance in respect of possession of old notes as a penal offence. The Cabinet has approved promulgati.....
Tags : Notes, Possession, Legality
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Possession of old 500 & 1000 rupee notes set to become illegal(29.12.2016)
The Central Government Cabinet had approved an ordinance in respect of possession of old notes as a penal offence. The Cabinet has approved promulgati.....
Tags : Notes, Possession, Legality
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Supreme Court introduces legal aid scheme for middle income group(16.02.2017)
The Supreme Court has introduced a Middle Income Group Scheme making it easier to seek legal services for citizens whose gross income is not exceeding.....
Tags : Legal aid, Scheme, Introduction
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Notifications & Circulars
Decisions related to operational aspects of the Scheme of cancellation of legal tender character of old Rs. 500 and Rs. 1000 notes(24.11.2016)
The Central Government has been reviewing the issues related to the cancellation of legal tender character of old Rs. 500 and Rs. 1000 notes. The Gove.....
Tags : Scheme, Decision, Legal Tender
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Smt. Maneka Sanjay Gandhi launches Handbook on legal processes for Police in respect of Crime against Children(19.06.2018)
Union Minister of Women and Child Development (WCD), Smt. Maneka Sanjay Gandhi launched the "Handbook on legal processes for Police in respect of Crim.....
Tags : Crime, Children, Legal
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Government constitutes GoM to strengthen legal and institutional frameworks to deal with and prevent sexual harassment at workplace, GoM to be headed by the Union Home Minister(24.10.2018)
The Government today constituted a Group of Ministers (GoM) to examine the existing legal and institutional frameworks for dealing with matters of sex.....
Tags : Gom, Institution, legal frameworks, Strengthening of
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CCI approves acquisition of shareholding in GMR Airports Limited by TUTPL, Valkyrie and Solis under Section 31(1) of Competition Act, 2002(01.10.2019)
CCI approves the acquisition of shareholding in GMR Airports Limited ("GAL") by TRIL Urban Transport Private Limited ("TUTPL"), Valkyrie Investment Pt.....
Tags : Acquisition, Shareholding, GAL
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MHA clarifies Misplaced Apprehensions of Industry Associations regarding Legal liability on Company CEOs, if employees found COVID-19 positive(23.04.2020)
No Separate/Fresh Permissions required from Authorities for Industries already permitted to operate prior to 15.04.2020, in areas falling outside Cont.....
Tags : Clarification, Apprehensions, Legal liability, Company CEOs
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Introduction of legal entity identifier for large value transactions in centralised payment systems(05.01.2021)
1. The Legal Entity Identifier (LEI) is a 20-digit number used to uniquely identify parties to financial transactions worldwide. It was conceived as a.....
Tags : Introduction, Legal Entity Identifier, Transactions
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Rollout of legal entity template(10.03.2021)
1. SEBI vide circular no. CIR/MIRSD/66/2016 dated July 21, 2016 on Operationalization of Central KYC Records Registry (CKYCR) directed the Registered .....
Tags : Rollout, Legal entity, Template
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Central government outlay for conserving Bengaluru’s lakes(14.06.2016)
Collaboration between the Ministry of Chemicals and Fertilizers and Environment Ministry will see round-the-clock online monitoring of all sewage trea.....
Tags : bangalore, sewage, pollution, lake
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Cabinet approves Agreement between India and Morocco on Mutual Legal Assistance in Criminal Matters(01.11.2018)
The Union Cabinet chaired by Prime Minister Shri Narendra Modi has approved the Agreement between India and Morocco on Mutual Legal Assistance in Crim.....
Tags : Agreement, Legal Assistance, Criminal Matters
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Central Govt. notifies few activities when carried out for or on behalf of another natural or legal person in the course of business as an activity as defined in Section 2(1)(sa)(vi) of PMLA(07.03.2023)
In exercise of the powers conferred by sub-clause (vi) of clause (sa) of sub-section (1) of section 2 of the Prevention of Money-laundering Act, 2002 .....
Tags : Legal person, Activity, Notification
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Legal Entity Identifier Code for participation in non-derivative markets(29.11.2018)
The Legal Entity Identifier (LEI) code has been conceived of as a key measure to improve the quality and accuracy of financial data systems for better.....
Tags : Identifier Code, Legal Entity, Participation, Non-derivative markets
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BIMSTEC Convention to be signed and ratified(10.03.2016)
The Union Cabinet approved the signing and ratification of the Bay of Bengal Initiative on Multi Sectoral Technical Matters and Economic Cooperation C.....
Tags : Criminal activity, mutual assistance, bay of bengal
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India Signs Financing Agreement with World Bank for US$ 48 Million for "Nagaland Health Project"(16.01.2017)
A financing agreement for IDA credit of US$ 48 million (equivalent) for the 'Nagaland Health Project' was signed with the World Bank here today. The F.....
Tags : World Bank, Financing, Health project, Nagaland
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International Cases
Notaries and lawyers exempt from disclosure scheme in Canadian tax law(03.06.2016)
Canada’s Supreme Court held unconstitutional tax provisions relating to request for information by the Revenue Agency in the assessment of tax payable.....
Tags : search and seizure, legal advice, privileged information, canada
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Doctrine of illegality bows down to public interest(20.07.2016)
A party to a contract “tainted by illegality” is not barred from recovering money paid under the contract from the other party under the law of unjust.....
Tags : uk, doctrine of illegality, public interest, insider information
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There was no requirement for any investigation or time to let the dust to settle before reaching a concluded view(11.06.2018)
The Claimant's case was that, she was dismissed on or about 10th August, 2017 from her employment as a counter assistant at one of the Respondent's fr.....
Tags : Conduct, Dismissal, Legality
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Compensation not payable unless disease predominantly arose from discipline which was unreasonable and harsh on part of employer(23.08.2018)
In instant case, the Appellant (Mr Suleski), was employed as a crane supervisor by the Respondent (Pilbara Iron). At a meeting with his superintendent.....
Tags : Compensation, Denial, Legality
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A Court must not impose a term of immediate imprisonment unless satisfied in view of sentencing principles(14.11.2018)
Present is an appeal against sentence. The Appellant was charged on indictment with three offences. There are three grounds of appeal. Ground 1 alleg.....
Tags : Sentence, Quantum, Legality
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A reasonable suspicion that a thing has been stolen or unlawfully obtained will necessarily fall short of certainty(06.11.2018)
In facts of present case, the Appellant was convicted after trial in the Magistrates Court of a charge of being in possession of a thing capable of be.....
Tags : Suspicion, Conviction, Legality
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Appeal may be dismissed when issues are of such a nature that, decision sought will have no practical effect or result(20.05.2019)
In present appeal, counsel were at the outset of the hearing, asked to address the Court on the preliminary question whether the Full Court’s order mu.....
Tags : Rescission order, Grant, Legality
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In deciding an appeal, Court may set aside or vary the decision of the Court of Summary Jurisdiction and the sentence imposed(22.03.2019)
The Appellant pleaded guilty in the Magistrate's Court to four charges of trespass and two charges of possessing drug paraphernalia in which there wer.....
Tags : Sentence, Imposition, Legality
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Discretion to suspend a term of imprisonment is not confined by considerations relating to rehabilitation and mercy(10.04.2019)
The Appellant was convicted after trial on charge of unlawfully assaulting a member of the crew of an aircraft so as to interfere with the performance.....
Tags : Conviction, Sentence, Legality
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Seriousness of offence must be determined by taking into account statutory penalty for offence, circumstances of commission of the offence, any aggravating factors and mitigating factors(01.07.2019)
In present case, the Appellant attempted to possess a prohibited drug, namely cocaine, with intent to sell or supply it to another. On 17 December 201.....
Tags : Possession, Prohibited drug, Sentence, Legality
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An appellate court will not set aside a conviction based on a plea of guilty unless Appellant satisfies the Court that a miscarriage of justice has occurred(14.06.2019)
The Appellant appeared in the Magistrates Court in relation to various charges including one charge of assaulting a public officer. He entered pleas o.....
Tags : Conviction, Sentence, Legality
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Payment by employer to tax consultants to render assistance to expatriate employees is taxable ‘benefit or advantage’ as contemplated in the definition of ‘gross income’(06.09.2019)
The Appellant, BMW South Africa (Pty) Ltd (BMWSA), is part of the BMW Group (the Group) that manufactures and markets BMW vehicles and conducts worldw.....
Tags : Payment, Tax Consultant, Assessment, Legality
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Courts of law ought not to decide issues purely for academic interests(01.10.2019)
In facts of present case, aggrieved by losing the tender, the Appellants approached the Gauteng Division, Pretoria (High Court), seeking a review of t.....
Tags : Tender, Award, Legality
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An appellate Court can only intervene if Accused demonstrates, either express or implied, material error of fact or law(31.12.2019)
In present case, on 27 August 2019, the Appellant was sentenced in the Kalgoorlie Magistrates Court to a term of immediate imprisonment of 18 months f.....
Tags : Sentence, Quantum, Legality
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In order to satisfy requirement of an absence of criminal proceedings, an applicant would have to prove that, no criminal proceedings were pending in connection with seized firearms(02.12.2019)
In present case, on 25 June 2014, the South African Police Services (SAPS) seized certain firearms (the firearms) from the Respondents in terms of a s.....
Tags : Seized firearms, Retention, Legality
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Every case must be approached on its own facts and it is only after a diligent examination of all the facts that, it can be decided whether an accused had a fair trial or not(12.03.2020)
Present is an appeal, with the special leave of present court, against a judgment of the High Court, which confirmed a sentence of life imprisonment i.....
Tags : Conviction, Fair trial, Legality
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Inconsistencies and imperfections in evidence of prosecution witnesses cannot justify finding of no case to answer at law(03.03.2020)
In present case, on 7 August 2019, following a trial in the Magistrates Court, the Respondent was acquitted of one charge of obstructing a security of.....
Tags : Acquittal, Legality, New trial
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Leave to appeal can only be granted by present Court, if failure to make a conviction order amounts to a miscarriage of justice(07.08.2020)
The Appellant seeks leave to appeal against sentence. On 8 November 2019, following a plea of guilty, the Appellant was convicted for attempting to co.....
Tags : Conviction, Fine, Legality
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Attorney is entitled to move single application for the removal of their name from the roll of attorneys and their admission as an advocate(14.12.2020)
In present matter, the Respondents had all been admitted and enrolled as attorneys and wished to be advocates. They relied on Section 115 of the Legal.....
Tags : Enrolment, Legal practitioner, Right
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The severity of a sentence imposed on an individual count generally falls to be assessed in light of the sentences imposed in respect of the other counts(12.02.2021)
Present is an appeal against sentence. The Appellant was convicted, on his pleas of guilty, of eight counts in an indictment. Six of the convictions w.....
Tags : Sentence, Quantum, Legality
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The degree of similarity of the goods should be considered in relation to the degree of similarity of the marks(29.01.2021)
The Respondent, Apple Inc. (‘Apple’) applied to register its IWATCH trade mark. The Appellant, Swatch AG (Swatch SA) (‘Swatch’), opposed these applica.....
Tags : Trademark, Registration, Legality
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Commissioner has administrative power to revoke a licence where a licence holder has not supplied certain information(20.11.2020)
In present matter, on 4 October 2018, the Commissioner of Police, through his delegate, revoked the Appellant's firearm licence pursuant to Section 20.....
Tags : Licence, Revocation, Legality
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For offences of dealing or trafficking in dangerous drugs, the major sentencing considerations are general and personal deterrence(14.01.2021)
The Appellant was charged on indictment in the District Court on basis that, he had in his possession a prohibited drug, namely methylamphetamine, wit.....
Tags : Quantum, Sentence, Legality
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A person who unlawfully omits or refuses to do any act which it is the person's duty to do under Section 444A of the Criminal Code is guilty of a crime and is liable to imprisonment(28.01.2021)
Present is an appeal against sentence. The Appellant was convicted after trial on basis of being a person who had charge of an ignition source and unl.....
Tags : Conviction, Sentence, Legality
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Section 8 of the Criminal Code is applicable only when two or more persons forms common intention to prosecute a criminal offence(24.12.2020)
On 14 February 2020, the Appellant was convicted after trial of one count of animal cruelty contrary to Section 19(1) of the Animal Welfare Act, 2002 .....
Tags : Animal cruelty, Conviction, Legality
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There is no unjustified discrimination, when detained patients are compared with general public at liberty(11.04.2017)
In instant case, challenge by application for judicial review is to legality of comprehensive ban on smoking at State Hospital at Carstairs which Stat.....
Tags : Smoking, Ban, Legality
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As long as age requirements are imposed for reasons that bear rational scrutiny, then requirements are not arbitrary(19.03.2021)
Present Appeal was against impugned order of the High Court, which declared the policy of the South African Navy (the Navy) to be invalid. The policy .....
Tags : Recruitment, Criteria, Legality
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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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Power of an appellate Court to interfere with a sentence imposed by a lower Court is limited and can be exercised in cases of material irregularity(24.03.2021)
The issue before present Court is whether the increased sentences imposed by the high Court were appropriate. On 12 October 2017, the Appellants, Mess.....
Tags : Sentence, Quantum, Legality
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Arrest, without a warrant is permitted, where an arresting officer held a reasonable suspicion that, a dangerous wound had been inflicted(04.06.2021)
The appeal arose from the dismissal of the appellants’ claim for wrongful and unlawful arrest in the Eastern Cape Division of the High Court, Mthatha......
Tags : Arrest, Detention, Legality
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Unexplained delay in filing application cannot be condoned(01.07.2021)
The pertinent issue in present appeal is whether condonation ought to have been granted to the Respondent, for its failure to serve on the Appellant, .....
Tags : Condonation, Grant, Legality
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Set off of opposing costs orders is not affected by Qualified One-way Costs Shifting ("QOCS"), essentially because set-off is not a type of enforcement(06.10.2021)
Present appeal relates to the construction and effect of a procedural rule in relation to the costs of legal proceedings that applies to all personal .....
Tags : Cost, Legal proceedings, Applicability
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Arrest without a warrant would be justified provided arrestor must be a peace-officer and suspicion must rest on reasonable grounds(23.11.2021)
The issue before the SCA was whether the second Respondent, Col Espach, had acted wrongfully and unlawfully when he arrested the Appellant, Mr. Christ.....
Tags : Warrant, Arrest, Legality
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Courts should not grant adverse orders without providing the affected parties an opportunity to be heard(23.09.2021)
The issue before the SCA was whether the punitive cost order granted by LCC depriving the land claimants’ Legal Representatives of their fees in a lan.....
Tags : Adverse order, Cost, Legality
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Leave to appeal must not be granted on a ground of appeal unless the court is satisfied that the ground has a reasonable prospect of succeeding(17.02.2023)
The Appellant was charged with one count of assaulting a public officer who was performing a function of his office, contrary to Section 318(1)(d) of .....
Tags : Assault, Conviction, Legality
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Onus is on the party seeking specific performance to prove the terms of the contract and compliance with any antecedent or reciprocal obligation(30.10.2023)
Present is an appeal against the judgment and order of the High Court, upholding the Respondent’s special plea that, the contractual relief sought by .....
Tags : Contractual relief, Denial, Legality
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An accused can be convicted on the evidence of a competent single witness(20.03.2024)
The Appellant and his co-accused were convicted in the Regional Court, Johannesburg on a count of robbery with aggravating circumstances read with Sec.....
Tags : Robbery, Conviction, Legality
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A contracting party is entitled to specific performance of any contractual right(28.03.2024)
Present is an appeal against a judgment of the High Court, which granted an eviction order against the appellant from a commercial property, pursuant .....
Tags : Eviction, Notice, Legality
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Imposition of a life sentence is not to be departed from ‘lightly and for flimsy reasons which could not withstand scrutiny’(14.03.2024)
The order of the high court was substituted with an order dismissing the appeal against the sentence imposed by the regional court, and reinstated the.....
Tags : Life imprisonment, Imposition, Legality
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When self-defence has been specifically pleaded by the accused, the onus remains on the State to prove beyond reasonable doubt that the accused acted unlawfully(27.07.2023)
On 12 June 2020, the regional court, Benoni convicted Mr. Pillay for murder and sentenced the Appellant to 15 years’ imprisonment. On the same day, th.....
Tags : Conviction, Evidence, Legality
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A public procurement contract concluded in breach of the legal provisions is invalid and cannot be enforced(15.09.2023)
Present appeal concerned a dispute arising from an addendum to a service level agreement duly concluded between the Appellant, Kunene RampalaInc.(KR I.....
Tags : Addendum, Agreement, Legality
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Leave to appeal must not be granted unless the court is satisfied that, the ground has a reasonable prospect of succeeding(08.08.2023)
Appellant was convicted of reckless driving, contrary to Section 60A(2) of the Road Traffic Act, 1974. He was fined $1,400, ordered to pay costs in th.....
Tags : Evidence, Conviction, Legality
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An action in tort accrues when loss is actually suffered(12.08.2022)
Present is the third Defendant's application to strike out the plaintiffs' claim against it on the basis that the action is statute barred. The Plaint.....
Tags : Negligence, Contract, Legal services
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Once an alibi has been raised, the alibi has to be accepted, unless it can be proven as false beyond a reasonable doubt(01.12.2022)
On 3 July 2016, in the early evening at approximately 18h00, a group of men arrived at the Mall of Africa taxi rank in Midrand in a white VW Polo moto.....
Tags : Charges, Conviction, Legality
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Driver of a vehicle must not use a mobile phone while the vehicle is moving, or is stationary but not parked(12.01.2022)
The Appellant was convicted of a contravention of regulation 265(2) in the Magistrates Court. Pursuant to Part 2 Division 2 of the Criminal Appeals Ac.....
Tags : Conviction, Evidence, Legality
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Onus lies with the Plaintiff to establish the jurisdiction, finality and conclusiveness of a foreign judgment, if so challenged(06.02.2024)
The Respondent was a businessman and citizen of the United States of America, (Mr. Conteh), who now resided in Bryanston, Johannesburg. On 12 August 2.....
Tags : Sentence, Refusal, Legality
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If provision gave no power to grant permission in form described, then, there is no valid grant(03.07.2019)
Present appeal concerns the permitted uses of a retail store in Streatham in the area of the London Borough of Lambeth (“the Council”). Planning permi.....
Tags : Planning permission, Grant, Legality
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An Appellate Court can only intervene if the Appellant demonstrates either an express or implied material error(22.09.2017)
Present is an appeal against sentence. The Appellant and two others, Aaron Clifford Pierotti and Rhannan Ngaire Martinac, were charged that on 21st Fe.....
Tags : Sentence, Quantum, Legality
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Creditor and shareholder of holding company of insolvent insurer has no locus standi to seek curatorship of insurer under Section 54 of Insurance Act(24.10.2022)
In present matter, on 6 November 2018, the Prudential Authority, a juristic person that operates within the administration of the South African Reserv.....
Tags : Liquidation orders, Curatorship, Legality
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Employer 'may' make a payment in lieu of notice to the employee giving the employer the choice whether or not to make the payment(21.09.2017)
In the facts of present case, the claimant worked as a farm labourer for the respondent company, picking mushrooms at its premises, from 13 December 2.....
Tags : Poor attendance, Dismissal, Legality
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Jury can be satisfied of the guilt of the accused only if guilt is not simply a rational inference, but the only rational inference that the circumstances permit(22.02.2024)
The Appellant was convicted after trial in the Magistrates Court of one count of home burglary contrary to Section 401(2)(b) of the Criminal Code and .....
Tags : Conviction, Sentence, Legality
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Requirements for a claim based on unjust enrichment are that, defendant must be enriched, Plaintiff must be impoverished(04.04.2024)
The Appellants appeal against the judgment of the High Court in terms of which they were, ordered to pay the Respondent, Nedbank Limited (Nedbank) the.....
Tags : Payment, Direction, Legality
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Court may allow an appeal against sentence if, in its opinion, a different sentence should have been imposed(27.07.2020)
Present is an appeal against sentence. The Appellant was charged on indictment with two counts: (a) On 1 March 2018, at Margaret River, the Appellant.....
Tags : Conviction, Sentence, Legality
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Where an eviction is going to render persons homeless, a constitutional obligation rests on relevant municipality to provide suitable accommodation(14.11.2019)
Present is an appeal against the eviction of Mr. Cedric Morgan Jones and Mrs. Diane Morgan Jones, aged 78 and 76 years old respectively, together with.....
Tags : Eviction, Legality, Right of residence
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The party who raises a plea of prescription bears the onus of proof(07.11.2022)
Present is an appeal against the judgment of the High Court, granting the Respondent’s enrichment claim against the Appellant in an amount to be deter.....
Tags : Enrichment claim, Grant, Legality
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Court will not interfere with sentence imposed unless it is satisfied that, the sentence has been vitiated by a material misdirection or is disturbingly inappropriate(01.04.2019)
Present appeal arises from a tragic incident which occurred on 10 July 2009 at the offices of the detective branch at Esikhawini, when Bongani Cebekhu.....
Tags : Conviction, Sentence, Legality
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Power under Article 4(1) of the 1972 Order should be exercised by the Secretary of State personally(13.05.2020)
In present case, an interim custody order (ICO) was made in respect of the Appellant on 21 July 1973. The order was signed by a Minister of State in t.....
Tags : Detention, Lawful custody, Legality
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A company and its sole director are vicariously criminally liable for the acts of one of company's employees, if the discharge or abandonment occurs as a result of positive act(01.05.2020)
Present appeal principally concerns whether a company and its sole director are vicariously criminally liable for the acts of one of the company's emp.....
Tags : Illegal dumping, vicarious liability, acquittal
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A curfew enforced by electronic tagging, clocking in and clocking out, and arrest or imprisonment for breach was a “classic detention or confinement”(12.02.2020)
Present case is about the meaning of imprisonment at common law and whether it should, or should not, now be aligned with the concept of deprivation o.....
Tags : False imprisonment, Compensation, Legality
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Imposition of a sentence other than life imprisonment for the offence of murder will be an exceptional course(01.09.2017)
The Appellant was convicted after trial of murdering the deceased, who was her former partner, on 13 June 2015. She was sentenced to life imprisonment.....
Tags : Conviction, Sentence, Legality
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Company served with a statutory demand may apply to the court for an order setting it aside within 21 days after its service(26.07.2023)
The Plaintiff, Corinthian Mining Pty Ltd (Corinthian), is seeking to set aside the Defendant's statutory demand for payment of a non-judgment debt in .....
Tags : Debt, Demand, Legality
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News
Supreme Court Slams Bengal Government For Not Filing Response to PIL(20.02.2017)
Supreme Court has rapped West Bengal Government for not filing its response to a PIL pertaining to waste disposal in rivers.
Tags : Supreme Court , West Bengal Government, PIL
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Karnataka High Court Asks BBMP to Evolve Software to Check Illegal Constructions(21.02.2017)
Karnataka High Court has asked BBMP to evolve a software to deal with complaints relating to illegal constructions in Bengaluru.
Tags : Karnataka High Court, Illegal Constructions
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Supreme Court: Constitution Bench to Hear Questions of Citizenship of Migrants Kids(22.02.2017)
Supreme Court has said that a Constitution Bench would hear question whether children of illegal migrants born here can avail benefit of citizenship u.....
Tags : Supreme Court, illegal migrants
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CIVIL - Bangalore Court Vacates Order Restraining 'The Wire' from Publishing Article Against BJP MP(15.03.2019)
A Bangalore City Civil Court has vacated the ex-parte order of interim injunction passed against online news portal "The Wire" restraining it from pub.....
Tags : Bangalore Court, The Wire, BJP MP Rajveev Chandrasekhar
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NGT Directs SPCB to Take Immediate Action Against Illegal Brick Kilns(16.02.2021)
National Green Tribunal has directed the State Pollution Control Board to take immediate action against 225 brick kilns, said to be illegally operatin.....
Tags : National Green Tribunal, Illegal Brick Kilns
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Delhi High Court Restores Justice Mukul Mudgal-Appointed Selectors Removed by DDCA(08.11.2016)
Delhi High Court has suspended a decision taken by Delhi and District Cricket Association (DDCA) to remove three members of a Selection Panel who were.....
Tags : Delhi High Court, DDCA, Justice Mukul Mudgal
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NGT Seeks Explanation on Noise Pollution in West Bengal(11.11.2016)
National Green Tribunal (NGT) has sought explanations from West Bengal Environment Department, Director General of West Bengal Police and Commissioner.....
Tags : National Green Tribunal, Noise Pollution, West Bengal
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Remove Illegal Flex Boards or be Personally Liable: Kerala HC to Heads of Local Self Govt Institution(25.10.2018)
Kerala High Court has warned the various heads of Local Self Government institutions to ensure the removal of all illegal flex boards /banners/hoardin.....
Tags : Kerela High Court, Illegal Flex Boards
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Delhi HC Seeks Explanation on Illegal Cutting of Trees(09.09.2020)
Delhi High Court has sought an explanation from the forest department, police and the south corporation on a Petition filed by a local resident of Jan.....
Tags : Delhi High Court, Illegal Cutting of Trees
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SC: Bangalore Club Not Liable to Pay Wealth Tax(09.09.2020)
Supreme Court has held that 'Bangalore Club', one of the oldest club in Bangalore, is not liable to pay Wealth tax under the Wealth Tax Act, 1957.
Tags : Supreme Court, Bangalore Club
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J&K HC Directs Authority to Obtain Report from Deputy Commissioners Within 6 Weeks(11.09.2020)
Jammu & Kashmir High Court has directed the Divisional Commissioner, Jammu, Kashmir and Ladakh to obtain a report from all the Deputy Commissioners of.....
Tags : Jammu and Kashmir High Court, Illegal Religious Encroachments
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Allahabad HC Launches Website for Providing Legal Assistance to Middle Income Groups at Nominal Fees(18.09.2020)
Allahabad High Court has launched the official website for providing legal assistance to middle income groups at nominal fees and expenses.
Tags : Allahabad High Court, Website for Providing Legal Assistance
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Bombay HC: Not Wearing Mangalsutra, Sindoor & Uncovered Head Does Not Amounts to Cruelty(29.03.2017)
Bombay High Court has rejected divorce petition that pleads cruelty saying wife would not cover head with pallu, or wear mangalsutra and sindoor.
Tags : Bombay High Court, Mangalsutra, Sindoor
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SC Directs SIT Probe Into Alleged Role of Two Former Karnataka CMs in Mining Case(30.03.2017)
Supreme Court has asked Karnataka Police SIT to probe alleged role of two former Chief Ministers N Dharam Singh and H D Kumaraswamy and bureaucrats in.....
Tags : Supreme Court, illegal iron ore mining
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CIVIL - Illegal Hoardings: Bombay HC Directs BJP Corporator to Pay Rs. 24 Lakh(22.03.2019)
Bombay High Court has directed a BJP corporator to pay Rs. 24 lakh compensation in connection with an attack on a civic squad for removing illegal hoa.....
Tags : Bombay High Court, BJP Corporator, Illegal Hoardings
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Karnataka HC Urges Govt to Take Decision on Public Rallies in Bengaluru(15.03.2021)
Karnataka High Court has suggested to the state government to take a decision on whether to allow holding of public rallies by political parties and o.....
Tags : Karnataka High Court, Public Rallies in Bengaluru
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Bombay HC Reprimands Municipal Corporation for Failure to Comply with Order on Illegal Constructions(15.03.2021)
Bombay High Court has reprimanded eight municipal corporations and the Maharashtra State's Urban Development Department (UDD) for their failure to com.....
Tags : Bombay High Court, Illegal Constructions
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Delhi HC Directs Accused to Do Community Service at Gurudwara Bangala Sahib(15.03.2021)
Delhi High Court has directed a young accused of 21 years to do one month community service at Gurudwara Bangala Sahib while quashing the First Inform.....
Tags : Delhi High Court, Community Service at Gurudwara Bangala Sahib
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Bombay HC: Investors in Illegal Structures Project Can be Prosecuted(13.04.2017)
Bombay High Court has said that an investor in a construction firm that builds illegal structures is liable to face criminal prosecution.
Tags : Bombay High Court, Illegal Structures
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Madras HC Observes Need to Stop Illegal Mining and Avoid Depletion of Minerals(03.03.2021)
Madras High Court has observed that there was a need for compliance with Section 23 C of the Mines and Minerals (Development and Regulation) Act, 1957.....
Tags : Madras High Court, Illegal Mining
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Supreme Court: Woman not Husband's Chattel, on Plea Seeking Restoration of Conjugal Rights(04.03.2021)
Supreme Court has while hearing a man’s plea seeking that his wife be ordered to start living with him again observed that woman is not a chattel that.....
Tags : Supreme Court, Restitution of Conjugal Rights
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Delhi HC Directs Union to File Affidavit in Case Regarding Covid Vaccine for Legal Fraternity(05.03.2021)
Delhi High Court has directed the Union, government of Delhi, Bharat Biotech and Serum Institute of India to file their affidavits addressing various .....
Tags : Delhi High Court, Covid Vaccine for Legal Fraternity
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Calcutta High Court Directs Administration to Issue Protective Orders Retraining All Illegal Activiti(08.03.2021)
Calcutta High Court has directed the local administration to issue protective orders retraining all illegal activities in Sundarbans, observing that t.....
Tags : Calcutta High Court, Illegal Activities in the Sunderbans
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Karnataka HC Quashes Private Complaint on 2010 Mangaluru Air Crash Incident(08.03.2021)
Karnataka High Court has quashed a private complaint and cognisance of offences taken by a trial Court in 2013 against the Airports Authority of India.....
Tags : Karnataka High Court, 2010 Mangaluru Air Crash Incident
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Bombay High Court Rejects Ram Dhuri’s Plea Seeking Heritage Tag on Mehrangir(02.09.2015)
Bombay HC has rejected plea filed by Ram Dhuri, president of National Forum for Aided Institutions Employees(Dept. of Atomic Energy), seeking directio.....
Tags : Bombay High Court,Ram Dhuri,Dr Homi Bhabha’s bungalow- Mehrangir
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NGT Seeks Report from Chief Secretary on Arsenic Contamination(09.09.2015)
National Green Tribunal (NGT), Eastern Zone Bench, has directed Chief Secretary of West Bengal to file a report on arsenic situation in West Bengal.
Tags : National Green Tribunal,Chief Secretary of West Bengal
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#Bangalore_Blast: Supreme Court Allows Maudany To Attend Son’s Wedding In Kerala(01.08.2017)
Supreme Court has allowed Bangalore blast accused and People’s Democratic Party Chairman Abdul Nazar Maudany , lodged in a Bangalore jail to travel to.....
Tags : Supreme Court, Bangalore blast
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Jharkhand High Court: Warrants, Notices Issued By Jharkhand Courts to Have Info About Legal Aid(01.08.2017)
Jharkhand High Court has instructed that notices and warrants issued by courts must be tagged with pamphlets regarding legal services available to not.....
Tags : Jharkhand High Court, Legal Aid
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#Illegal mining in Odisha: Supreme Court Imposes 100% Penalty(03.08.2017)
Supreme Court has imposed a 100% penalty on illegal mining on account of lack of forest and environment clearances, mining outside lease/permitted are.....
Tags : Supreme Court, Illegal mining in Odisha
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Illegal Banquet Halls: NGT Directs Forfeiture of Performance Guarantee Submitted by Delhi Govt(12.07.2019)
National Green Tribunal (NGT) has directed forfeiture of performance guarantee of Rs 5 crore deposited by the Delhi Government, expressing dissatisfac.....
Tags : NGT, Illegal Banquet Halls
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SC Issues Notice on Plea for Probe Into Killings of Two BJP Workers During Post-Poll Violence(18.05.2021)
Supreme Court has issued notice on a writ petition seeking SIT/CBI investigation into the killings of two BJP workers in West Bengal, allegedly by the.....
Tags : Supreme Court, West Bengal Post-Poll Violence
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Bombay HC Slams Fine of Rs 25,000 on a Man who Filed Plea against Illegal Structures(08.10.2015)
Bombay HC has slammed a fine of Rs 25,000 on an individual who had filed a PIL against illegal constructions in Kurla, but was himself found erecting .....
Tags : Bombay HC,fine,PIL against illegal constructions
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Madras High Court Slams a Trial Court for ‘Illegal’ Conviction(12.10.2015)
Madras High Court has slammed a trial court for throwing to the winds the fundamental principles of criminal jurisprudence and “illegally” convicting .....
Tags : Madras High Court , trial court , Illegal Conviction
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Madras High Court Irks over Increasing Problem of Illegal Sewer Connections in State(12.10.2015)
Madras HC on a PIL by NGO Change India in connection with prevention of manual scavenging, has ordered Tamil Nadu Government to ensure creation of a g.....
Tags : Madras HC , Illegal Sewer Connections, Tamil Nadu Government
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Delhi High Court Directs Civic Bodies to Remove Illegal Hoardings(17.07.2019)
Delhi High Court has directed the authorities, including the civic bodies, to remove all illegal hoardings and banners installed in public areas. Whil.....
Tags : Delhi High Court, Illegal Hoardings
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Karnataka High Court Raps State Government Over Failure to Save Bengaluru Lakes(17.07.2019)
Karnataka High Court observed that as far as the city of Bengaluru is concerned there has been a failure on the part of all the authorities of the Sta.....
Tags : Karnataka High Court, Bengaluru Lakes
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Madras High Court Directs on Appropriate Action Against Illegal Mining Activities(22.06.2021)
Madras High Court has directed the State government to attend to the malaise of plundering of the mineral wealth of the State by unscrupulous elements.....
Tags : Madras High Court, Illegal Mining Activities
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Delhi High Court Raps Police Over Prolonged Illegal Detention(12.08.2015)
Delhi High Court raps Police over prolonged illegal detention of former AAP member Yogendra Yadav and 85 others’ arrested during a farmers' protest .
Tags : Delhi High Court,illegal detention,Yogendra Yadav
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Madras High Court Rests Removal of IAS Officer Inquiring Illegal Mining(13.08.2015)
Madras High Court has stayed removal of IAS Officer Gagandeep Singh Bedi as Inquiry Officer in an inquiry of illegal beach sand mining in the City.
Tags : illegal beach sand mining,Madras High Court
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Delhi High Court Serves Notice on Illegal Slaughter Houses(13.08.2015)
Delhi High Court has served notices to Delhi Government, North Delhi Municipal Corporation and Delhi Police on a plea praying immediate ban on slaug.....
Tags : Delhi High Court,Illegal Slaughter Houses
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Bombay HC Remarks in Plea Seeking FIR Against BJP MP for Illegal Procurement of Remdesivir(04.05.2021)
Bombay High Court has remarked that Bharatiya Janta Party MP from Ahmednagar Dr Sujay Vikhe Patil needs to introspect while referring to his social me.....
Tags : Bombay High Court, Dr. Sujay Vikhe Patil, Illegal Procurement of Remdesivir
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NHRC Takes Suo Moto Cognizance of Post-Poll Violence in West Bengal(05.05.2021)
National Human Rights Commission has taken suo moto cognizance taking note of several media reports published in various newspapers on May 4, 2021, re.....
Tags : National Human Rights Commission, Post-Poll Violence in West Bengal
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SC Declares WB-HIRA Act Repugnant to Parliamentary Law of RERA Act, 2016(05.05.2021)
Supreme Court has declared the West Bengal Housing Industry Regulation Act of 2017 (WB-HIRA) “repugnant” to the Parliamentary law of Real Estate (Regu.....
Tags : Supreme Court, West Bengal Housing Industry Regulation Act, 2017
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Allahabad High Court Says 'No' to Writ u/a 226 to Regularise Illegal Appointment(29.05.2017)
Allahabad High Court has noted that a writ petition under Article 226 of Constitution to regularise an illegal appointment will not stand the test of .....
Tags : Allahabad High Court, Illegal Appointment
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ITAT Bangalore: Expenditure Incurred on Issuance of Debentures is Revenue Expenditure(01.06.2017)
ITAT Bangalore has directed the AO to allow expenditure incurred in relation to issuance of debentures as it constitute revenue expenditure under the .....
Tags : ITAT Bangalore, Revenue Expenditure
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Delhi HC Restrains WhatsApp & Telegram from 'Illegally Circulating' Copies of E-Newspapers(25.05.2021)
Delhi High Court has restrained social networking platforms WhatsApp and Telegram and certain other individuals from allegedly illegally circulating e.....
Tags : Delhi High Court, Illegal Circulation Copies of E-Newspapers
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SC Issues Notice on PIL Seeking Compensation and Rehabilitation of Victims of West Bengal Riots(25.05.2021)
Supreme Court has issued notice on a Public Interest Litigation (PIL) seeking compensation and rehabilitation of the victims of the alleged state spon.....
Tags : Supreme Court, Compensation and Rehabilitation of Victims of West Bengal Riots
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Kerala HC Stays Order of ADM, Lakshadweep Directing APP to Attend Legal Cell at Secretariat(26.05.2021)
Kerala High Court has stayed an order of the Additional District Magistrate (ADM), Lakshadweep, directing the Assistant Public Prosecutor (APP) at the.....
Tags : Kerala High Court, Order of ADM, Lakshadweep Directing APP to Attend Legal Cell
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Bombay HC Orders Inquiry into Alleged Illegal Detention of 37-Year Old Lawyer(01.06.2021)
Bombay High Court has ordered an inquiry into the alleged illegal detention of a 37-year-old lawyer from Mumbai. The Court has also transferred the ki.....
Tags : Bombay High Court, Illegal Detention of Lawyer
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Karnataka High Court Directs BBMP to Frame Policy on Hoardings and Posters in Bengaluru(21.08.2015)
Karnataka High Court while referring to number of hoardings and posters that have inundated Bengaluru, has directed Bruhat Bengaluru Mahanagara Palike.....
Tags : Karnataka High Court,Bruhat Bengaluru Mahanagara Palike Commission
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Bombay HC to State Govt: Pay Rs. 2 lakh Compensation for Illegal Detention(17.07.2017)
Bombay High Court has directed State of Maharashtra to pay at least Rs. 2 lakh as compensation to one Ranjit Singh Gill for keeping him in jail, three.....
Tags : Bombay High Court, Illegal Detention
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Karnataka HC Issues Notice in PIL Questioning Legality of Appointment of Minor(03.06.2021)
Karnataka High Court has issued notices to the State and Central governments on a Public Interest Litigation petition questioning the legality of appo.....
Tags : Karnataka High Court, Legality of Appointment of Minor
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SC Directs State to Act Against NGOs Indulging in Illegal Adoption of Orphans(08.06.2021)
Supreme Court has directed State Governments and Union Territories to act against NGOs which are indulging in illegal adoption of children orphaned by.....
Tags : Supreme Court, Illegal Adoption of Orphans
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Karnataka HC Directs State to Evolve Scheme on Monkey Menace in Bengaluru(09.06.2021)
Karnataka High Court has directed the State Government to evolve a scheme on the line of directions issued by the Delhi High Court in the case of New .....
Tags : Karnataka High Court, Scheme on Monkey Menace in Bengaluru
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NGT Pulls Up Haryana Government for Not Taking Requisite Action on Illegal Dumping of Garbage(11.06.2021)
National Green Tribunal (NGT) has pulled up the Haryana government for not taking requisite action on a plea seeking remedial action against illegal d.....
Tags : National Green Tribunal, Illegal Dumping of Garbage
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Delhi High Court: Illegal Construction on Government Land Should be Demolished(17.10.2019)
Delhi High Court has observed that unauthorised or illegal construction on Government land should always be demolished. The observation was made by th.....
Tags : Delhi High Court, Illegal Construction
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Top Court Seeks New Mechanism for Better and Quicker Legal Aid to Cut Delays(22.10.2019)
Top Court has embarked upon proceedings to ascertain why those given free legal aid do not get proper assistance, and to devise ways to ameliorate thi.....
Tags : Top Court, Legal Aid
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Madras HC Directs to Frame Laws to Ensure Immediate Deportation of Illegal Immigrants(28.09.2021)
Madras High Court has directed the Ministry of Home Affairs to frame appropriate laws within 3 months with regards to illegal immigrants who repeatedl.....
Tags : Madras High Court, Immediate Deportation of Illegal Immigrants
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Madras HC Directs Ministry to Consider Framing Appropriate Laws to Prevent Illegal Immigrants(29.09.2021)
Madras High Court has directed the Union Home Ministry to consider framing appropriate laws, in three months, to prevent illegal immigrants from commi.....
Tags : Madras High Court, Prevent Illegal Immigrants
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CCI Junks Compliant Against GVK Power, 2 Others(11.01.2016)
Competition Commission of India (CCI) has rejected complaints against Bangalore International Airport, GVK Power & Infrastructure and Airports Authori.....
Tags : Competition Commission of India , Bangalore International Airport, GVK Power & Infrastructure and Airports Authority of India
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NGT Bans Mining Near Neugal River(12.01.2016)
National Green Tribunal (NGT) has banned mining along Neugal river between Alampur and Bundla in Palampur.
Tags : NGT, Neugal River
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Bombay High Court: Legal Aid For Accused Should Not Be For Namesake(28.12.2017)
Bombay High Court has said that sufficiently experienced lawyer should be provided for conducting the case of the accused and they should be appointed.....
Tags : Bombay High Court, Legal Aid
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AAAR West Bengal: No Abatement for Construction Service on Value of PLS Realized Separately(10.10.2019)
Appellate Authority of Advance Ruling, West Bengal has held that that no abatement has been prescribed for construction service under Serial Number. 3.....
Tags : AAAR West Bengal, Abatement
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Calcutta High Court Orders CBI Probe into West Bengal Post-Poll Violence Cases of Murder and Rape(27.08.2021)
Calcutta High Court has handed over to the Central Bureau of Investigation (CBI) the investigation of the cases related to murder, rape and crime agai.....
Tags : Calcutta High Court, West Bengal Post-Poll Violence Cases of Murder and Rape
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Patna HC Directs State Government to Sensitize People for Identification of Illegal Migrants(31.08.2021)
Patna High Court has directed the Bihar State Government to specify steps taken to sensitize people of Bihar for identification and deportation of the.....
Tags : Patna High Court, Identification of Illegal Migrants
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Supreme Court Raps Centre for Failure to Curb Illegal Mining(26.02.2018)
Supreme Court has pulled up the Centre for its failure to curb pilferage of natural resources worth of thousands of crores and directed it to submit a.....
Tags : Supreme Court, Illegal Mining
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Kerala High Court Proposes Action Against Illegal Flag Masts Under Land Conservancy Act(26.11.2021)
Kerala High Court has ruled that every unauthorized flag mast will have to prima facie be made subject to provisions of the Kerala Land Conservancy Ac.....
Tags : Kerala High Court, Illegal Flag Masts
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Calcutta HC Orders to Stop Payment of Salary to Illegally Appointed Group-D Non-Teaching Staff(26.11.2021)
Calcutta High Court has ordered the West Bengal Central School Service Commission to immediately stop the payment of salary to the 25 appointees of Gr.....
Tags : Calcutta High Court, Salary to Illegally Appointed Group-D Non-Teaching Staff
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SC: Illegal Use of Licensed Weapon Per Se Not Offence Unless Misdemeanour Proved(29.11.2021)
Supreme Court has observed that illegal use of a licensed or sanctioned weapon per se does not constitute an offence under Section 27 of the Arms Act,.....
Tags : Supreme Court, Illegal Use of Licensed Weapon
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Delhi HC Issues Contempt Notice to NDMC and Police for Non-Compliance of Orders(30.11.2021)
Delhi High Court has issued contempt notices to North Delhi Municipal Corporation and the Delhi Police for non compliance of its order and failure to .....
Tags : Delhi High Court, Illegal Encroachments in Kamla Nagar Area
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Bombay HC: Legal Heirs of Deceased Convicts Liable to Pay Fine(14.03.2016)
Bombay High Court has held that legal heirs of a deceased convict are liable to pay fines and compensation, imposed by the trial courts, from the prop.....
Tags : Bombay High Court , Legal Heirs of Deceased Convicts
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SC Directs NALSA to Furnish Details on Jails with 150% Occupancy(27.02.2018)
Supreme Court has directed National Legal Services Authority (NALSA) to look into the issue of overcrowded prisons and sought information on jails whe.....
Tags : supreme court, National Legal Services Authority
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Madhya Pradesh High Court Directs State to Pay Rs. 5 Lakhs to Man Detained Illegally(12.02.2020)
Madhya Pradesh High Court has directed the State Government to pay a compensation of Rs. 5 Lakhs for detaining an innocent man, in the pretext of deta.....
Tags : Madhya Pradesh High Court, Illegal Detention of Man
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Madhya Pradesh HC Orders Compensation for Wrongful Detention(14.02.2020)
Madhya Pradesh High Court has ordered the State Government to pay a compensation of Rs 5 Lakhs to a 68-year old man for keeping him in jail to serve a.....
Tags : Madhya Pradesh High Court, Illegal Detention of Man
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Supreme Court Issues Notice on Plea Against Illegal Burning of Bio-Medical Waste(18.02.2020)
Supreme Court has issued a notice in the matter regarding the rampant illegal and unauthorized bio-medical waste burning being carried out in South De.....
Tags : Supreme Court, Illegal Burning of Bio-Medical Waste
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Madras HC Dismisses Plea Seeking Directions to Extend Pongal Gift Hampers to Refugees(01.02.2022)
Madras High Court has dismissed a plea filed by Retd. Professor Ramu Manivannan seeking directions to the government of Tamil Nadu to extend the Ponga.....
Tags : Madras High Court, Extend Pongal Gift Hampers to Refugees
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Bombay HC Grants Bail to Doctor Accused of Illegal Abortion on Pledge of Serving COVID-19 Patients(03.04.2020)
Bombay High Court has granted bail to a doctor on ground of his pledge to serve people in need during subsistence of the Coronavirus outbreak.
Tags : Bombay High Court, Bail to Doctor Accused of Illegal Abortion
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Law Ministry Informs Rajya Sabha Over Provision of Legal Education in Regional Languages(17.12.2021)
Union Ministry for Law and Justice has informed Rajya Sabha via a written reply that under the Advocates Act 1961, the Bar Council of India is the reg.....
Tags : Union Ministry for Law and Justice, Provision of Legal Education in Regional Languages
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Allahabad HC Issues Notice to UP Dy-CM Keshav Maurya in Illegal House Grabbing Case(17.12.2021)
Allahabad High Court has issued a notice to Keshav Prasad Maurya, Deputy Chief Minister of Uttar Pradesh directing him to file a counter affidavit in .....
Tags : Allahabad High Court, Illegal House Grabbing Case
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Madras HC Takes Suo Motu Cognizance of Illegal Use of Govt School's Play Ground by Private School(17.12.2021)
Madras High Court has taken suo motu cognizance in a matter related to the use of a Government school playground by a private school and the local mun.....
Tags : Madras High Court, Illegal Use of Govt School's Play Ground by Private School
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Delhi HC Orders Removal of Illegally Constructed Temple on Public Land(21.12.2021)
Delhi High Court has directed the Delhi Government to remove a temple, alleged to be illegally constructed on a public land in city's Defence Colony a.....
Tags : Delhi High Court, Illegally Constructed Temple on Public Land
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Madras High Court Disposes Plea Against Traffic Congestion, Illegal Parking on Chennai's GST Road(22.12.2021)
Madras High Court has disposed of a Public Interest Litigation on the issue of irregular parking before commercial establishments on the Grand Souther.....
Tags : Madras High Court, Illegal Parking on Chennai's GST Road
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Take Action Against Officials Responsible for Illegal Constructions: Supreme Court(10.05.2018)
Supreme Court has suggested that the Himachal Pradesh Government should take action against those officials who were posted in Kasauli when illegal co.....
Tags : Supreme Court, Illegal Constructions
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Calcutta HC Rejects Plea Against Bengali Movie "Brahma Janen Gopon Kommoti"(16.03.2020)
Calcutta High Court has dismissed a plea challenging the release of a Bengali movie by the name of "Brahma Janen Gopon Kommoti", remarking that Hindui.....
Tags : Calcutta High Court, Brahma Janen Gopon Kommoti, Bengali Movie
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Calcutta HC Seeks Response in Plea Seeking Deployment of Parliamentary Forces in WB Municipal Poll(08.02.2022)
Calcutta High Court has sought response from the State Election Commission as well as the State government in a batch of PILs seeking deployment of ce.....
Tags : Calcutta High Court, West Bengal Municipal Councils
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Karnataka HC Quashes Proceedings Against Bengaluru Police Commissioner Kamal Pant(08.02.2022)
Karnataka High Court has quashed the proceedings initiated against Bengaluru Police Commissioner Kamal Pant and two other police officers, for alleged.....
Tags : Karnataka High Court, Bengaluru Police Commissioner Kamal Pant
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Madras HC Directs Implementation of Night Travel Ban in Sathyamangalam Tiger Reserve(08.02.2022)
Madras High Court has directed that the restriction should come into force from February 10, 2021, in a public interest litigation filed for effective.....
Tags : Madras High Court, Night Travel Ban in Sathyamangalam Tiger Reserve
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Delhi HC Directs Personal Appearance of Commissioners in Plea Against Illegal Encroachments(11.02.2022)
Delhi High Court has directed the personal appearance of Commissioners of Delhi Police and North Delhi Municipal Corporation, observing that no desire.....
Tags : Delhi High Court, Illegal Encroachments
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Supreme Court Directs Probe into Illegal Sand Mining Activities Across Rajasthan(20.02.2020)
Supreme Court has directed the Central Empowering Committee to conduct a probe towards illegal mining activities in the State of Rajasthan and submit .....
Tags : Supreme Court, Illegal Sand Mining
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Karnataka HC Directs State to Come Out with Rehabilitation Scheme for Illegal Bangladeshi Immigrants(28.02.2020)
Karnataka High Court has granted one week to the State Government to come out with a scheme for rehabilitation and grant of monetary compensation to t.....
Tags : Karnataka High Court, Rehabilitation Scheme for Illegal Bangladeshi Immigrants
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Karnataka High Court Pulls Up State for Not Acting on Complaints Against Police(28.02.2020)
Karnataka High Court has observed that endorsements made by the police on complaints made by victims and family members of the two deceased persons in.....
Tags : Karnataka High Court, Mangalore Police Firing Case
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ITAT, Ahmedabad: Deduction on Legal and Professional Fees Incurred to Improve Day to Day Working(02.03.2020)
Income Tax Appellate Tribunal (ITAT), Ahmedabad has held that general deduction on Legal and Professional Fees incurred for the improvement of day to .....
Tags : Income Tax Appellate Tribunal, Deduction on Legal and Professional Fees
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Karnataka HC: Trial Court Bound to Appoint Legal Aid Advocate for Unrepresented Accused(17.02.2022)
Karnataka High Court has said that if an advocate representing the accused who is in custody fails to appear before the court, the trial court is boun.....
Tags : Karnataka High Court, Legal Aid Advocate for Unrepresented Accused
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Madras HC Seeks Response on Legality of Liquor Consumption in Club Premises Without FL2 License(18.02.2022)
Madras High Court has sought State’s response in writ appeal against the insistence by the single bench on the possession of FL2 License for the consu.....
Tags : Madras High Court, Legality of Liquor Consumption in Club Premises
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Karnataka HC Directs Departmental Enquiry Against Officers Who Fail to Check Illegal Constructions(23.12.2021)
Karnataka High Court has directed the State government or Municipal Corporations to initiate departmental enquiry against those Officers who show or h.....
Tags : Karnataka High Court, Failure to Check Illegal Constructions
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Kerala HC Issues Notice to Govt, Lulu Mall Over Plea Alleging Illegal Collection of Parking Fees(23.12.2021)
Kerala High Court has issued notice to the State, the Kalamassery Municipality and the Lulu International shopping mall on a plea alleging that the ma.....
Tags : Kerala High Court, Illegal Collection of Parking Fees
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Karnataka High Court Permits KRDCL to Cut 18 Heritage Trees for Widening of Bengaluru Roads(24.12.2021)
Karnataka High Court has permitted the Karnataka Road Development Corporation (KRDCL) to fell 18 heritage trees for widening of various roads around B.....
Tags : Karnataka High Court, Widening of Bengaluru Roads
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Delhi HC Directs Whatsapp to Take Down Groups Illegally Circulating E-Newspapers(29.12.2021)
Delhi High Court has directed Whatsapp to take down or block the WhatsApp groups unauthorisedly and illegally circulating the e-newspaper owned by Dai.....
Tags : Delhi High Court, Illegally Circulating E-Newspapers
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Delhi HC Directs to Ensure Implementation of Orders to Remove Illegal Encroachers(28.12.2021)
Delhi High Court has directed the authorities including South Delhi Municipal Corporation, Delhi Development Authority and Delhi Police to ensure that.....
Tags : Delhi High Court, Orders to Remove Illegal Encroachers
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Delhi Court Declares Couple Legal and Biological Parents of Surrogate Child(31.12.2021)
Delhi Court has declared a couple as legal and biological parents of a child born out of a surrogacy arrangement, observing that there is no law in th.....
Tags : Delhi Court, Legal and Biological Parents of Surrogate Child
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Karnataka HC Directs Government to Disallow Bengaluru Karaga Festival(09.04.2020)
Karnataka High Court has ordered the State to disallow the holding of the Bengaluru Karaga Festival in the city in the wake of the COVID-19 lockdown, .....
Tags : Karnataka High Court, Bengaluru Karaga Festival
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Rajasthan HC Asks Child Welfare Committee to Compensate Girl for Illegally Confining Her(09.04.2020)
Rajasthan High Court has ordered the Chairperson of a Child Welfare Committee to pay compensation of Rs. 50,000 against the confinement of a girl in t.....
Tags : Rajasthan High Court, Illegal Confinement of Girl in Children Welfare Home
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Bombay HC Upholds Rule 2(xxiv) Of Rules of Legal Education(13.04.2020)
Bombay High Court has upheld Rule 2(xxiv) of the Rules of Legal Education, 2008 which prevents Centres of Legal Education from imparting education wit.....
Tags : Bombay High Court, Legal Education
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Karnataka HC Pulls Up BBMP for Not Assisting Homeless and Stranded People in Bengaluru(13.04.2020)
Karnataka High Court has pulled up the Bruhat Bengaluru Mahanagara Palike (BBMP) for not putting in systematic efforts to ascertain how many migrants,.....
Tags : Karnataka High Court, Bruhat Bengaluru Mahanagara Palike
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WB Taxation Tribunal: State Cannot Establish Entry Tax Subsequent to Constitutional Amendment(29.03.2022)
West Bengal Taxation Tribunal has stated that the State lacks legislative authority to make legislation in the field of goods entry into the local are.....
Tags : West Bengal Taxation Tribunal, Entry Tax, Constitution, GST
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Calcutta HC Directs Former WBSSC Advisor To Disclose His Assets in SSC Group-D Recruitment Scam(30.03.2022)
Calcutta High Court has affirmed a Single Judge's order directing S.P. Sinha, former West Bengal School Service Commission (SSC) advisor to provide d.....
Tags : Calcutta High Court, S.P. Sinha, Bengal School Service Commission, appointment, Higher Secondary, West Bengal Board of Secondary Education
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Karnataka HC to Authorities: Provide Free Treatment for LSD Disorder(26.07.2016)
Karnataka HC has ordered State run Indira Gandhi Institute of Child Health, Bengaluru to treat free of cost those children who are affected by Lysosom.....
Tags : Karnataka HC, Indira Gandhi Institute of Child Health, Bengaluru, LSD Disorder
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Calcutta HC Orders Govt. to Pay Rs 3 Lakh to Acid Attack Victim(27.07.2016)
Calcutta HC has directed West Bengal Government to pay by August 2 Rs 3 lakh to a victim of acid attack in South 24-Parganas district.
Tags : Calcutta HC , West Bengal Government
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SC: Unjust Exclusion of Legal Heirs in Will Can be Regarded as Suspicious Circumstance(20.05.2020)
Supreme Court has observed that an unfair disposition of property or an unjust exclusion of the legal heirs, particularly the dependants, is regarded .....
Tags : Supreme Court, Unjust Exclusion of Legal Heirs
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SC Dismisses Plea Seeking Utilization of West Bengal CM Relief Fund for Migrant Workers(20.05.2020)
Supreme Court has dismissed a plea seeking the Top Court's intervention for directions seeking utilising a portion of the State of West Bengal's Chief.....
Tags : Supreme Court, Utilization of West Bengal CM Relief Fund
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Supreme Court Dismisses BJP Leaders' Plea to Deploy Central Forces for West Bengal Local Polls(25.02.2022)
Supreme Court has dismissed the petition filed by the Bhartiya Janata Party (BJP) party leaders Mousumi Roy and Pratap Banerjee seeking deployment of .....
Tags : Supreme Court, West Bengal Local Polls
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Karnataka HC Directs State to Ensure No Protest Held in Bangalore City Except at Freedom Park(04.03.2022)
Karnataka High Court has directed the state government to forthwith ensure that no protest, meetings, processions, etc. are held in the city of Bengal.....
Tags : Karnataka High Court, No Protest Held in Bangalore City
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Madhya Pradesh High Court Orders Removal of All Illegal Statues Erected at Public Places(07.03.2022)
Madhya Pradesh High Court has directed the State Government to remove all statues erected at public places on or after 18.01.2013, throughout the Stat.....
Tags : Madhya Pradesh High Court, Removal of All Illegal Statues
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Bombay HC Pulls Up Govt. over Delay in Razing Illegal Shrines(21.09.2016)
Bombay HC has pulled up State for not enforcing its own Government Resolution on demolishing illegal religious shrines that came up after September 29.....
Tags : Bombay HC, Illegal Shrines
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Delhi High Court Issues Notice To State Govt On Illegal Path Labs Across Delhi, NCR(10.09.2018)
Delhi High Court has issued notice to State Govt on a PIL seeking closure of all unauthorized pathological and diagnostic labs being run by un-qualifi.....
Tags : Delhi High Court, Illegal Path Labs
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CESTAT Bangalore: Restoration and Painting of Cylinders not subject to Tax as ‘Maintenance and Repair(10.09.2018)
Bangalore bench of CESTAT has held that activity of restoration and painting of cylinders is not subject to Service Tax under the head ‘Maintenance a.....
Tags : CESTAT Bangalore. Painting of Cylinders
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Bombay HC: Police Authority Can Extern Gang Members from Area Larger Than Illegal Activities(06.04.2022)
Bombay High Court has held that the authority under the Maharashtra Police Act, 1951 can pass order of externment directing externment of a person fro.....
Tags : Bombay High Court, the Maharashtra Police Act, 1951, illegal activities, externment
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CESTAT, Mumbai: Lehman Brothers Securities Eligible for Service Tax Refund Claim(08.04.2022)
Customs, Excise and Service Tax Appellate Tribunal, Mumbai has ruled that Lehman Brothers Securities Pvt Ltd, is entitled for the refund claim of Serv.....
Tags : Customs, Excise and Service Tax Appellate Tribunal, Mumbai, Lehman Brothers Securities Pvt Ltd, Service Tax, legal consultancy services, Reverse Charge Mechanism, winding up
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Rajasthan HC: Denial to Prisoner to Perform Conjugal Relation for Progeny Affect Rights of His Wife(08.04.2022)
Rajasthan High Court has held that denial to the convict-prisoner to perform conjugal relationship with his wife for the purpose of progeny would adve.....
Tags : Rajasthan High Court, Conjugal Relationship, Progeny, 15 days
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Bombay HC Directs State to Demolish Illegal Shrines by End of Year(03.10.2016)
Bombay HC, while observing that no religion allows worship at a place which has been built illegally, has asked the State Government to demolish all s.....
Tags : Bombay HC, llegal Shrines
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Hyderabad HC: Prior Notice Mandatory before Demolition(03.10.2016)
Hyderabad HC, while appreciating State’s intention to remove illegal encroachments on nalas, tank beds and storm water drains in Greater Hyderabad, ha.....
Tags : Hyderabad HC, illegal encroachments
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Not Liberal View; The Only View which has to be Taken is the Legal View, SC Tells Kerala HC(01.10.2018)
Supreme Court, setting aside a Kerala High Court order which took a ‘liberal view’ in public interest, has observed that only view which has to be tak.....
Tags : Supreme Court, Legal View, Kerala High Court
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SC Issues Notice in Plea Challenging Delimitation Exercise in Nagaland(31.07.2020)
Supreme Court has issued notice in a plea challenging the order issued by Union of India under section 10A of the Delimitation Act, 2002 whereby the d.....
Tags : Supreme Court, Delimitation Exercise in Nagaland
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Calcutta HC: Reporting of Illegal Activity in Honest Way, Fundamental Right of Reporter(04.08.2020)
Calcutta HC has said it is the fundamental right of a reporter to publish news of “any illegal” activity “in an honest way”, and “proper reporting” ca.....
Tags : Calcutta High Court, Reporting of Illegal Activity
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Calcutta HC Allows CBI to Commence Fresh Investigation Even After Filing of Charge Sheet(06.05.2022)
Calcutta High Court has upheld a Single Judge order allowing the Central Bureau of Investigation to take up investigation regarding a case pertaining .....
Tags : Calcutta High Court, Central Bureau of Investigation, West Bengal post, poll violence, charge sheet
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Madras High Court Denies Advance Bail(26.08.2016)
Madras High Court Bench has denied anticipatory bail to four former directors of Rajakkamangalam Benefit Fund in Kanyakumari district in a case booked.....
Tags : Madras High Court, Rajakkamangalam Benefit Fund
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Supreme Court: Time Constraints of Land Acquisition are Not Applicable to BDA Act(06.08.2018)
Supreme Court, while reiterating that the time constraints of land acquisition are not applicable to Bangalore Development Authority Act, has set asid.....
Tags : Supreme Court, Bangalore Development Authority
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Bombay HC: No Illegal Punishment Under the Garb of Lockdown(11.05.2020)
Bombay High Court has contended that certain police personnel are guilty of gross violation of human rights as they subjected lockdown violators inclu.....
Tags : Bombay High Court, Illegal Punishment
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Bombay HC on Plea Alleging Trade Unionist Illegally Quarantined Due to Animosity with Cop(11.05.2020)
Bombay High Court has observed that prima facie it appears that the President of the Centre of Indian Trade Unions (CITU) was deliberately and malafid.....
Tags : Bombay High Court, Illegal Quarantine
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Allahabad HC: Maintenance U/S 125 CrPC Can be Granted if Restitution of Conjugal Rights is Passed(27.04.2022)
Allahabad High Court has held that there is no bar under Section 125 of the Code of Criminal Procedure, 1973 to grant maintenance to a wife, even agai.....
Tags : Allahabad High Court, Section 125, Code of Criminal Procedure, 1973, conjugal rights
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Calcutta HC: Electricity Distribution Company Can Install Electric Poll on Private Land(28.04.2022)
Calcutta High Court has observed that West Bengal State Electricity Distribution Company Limited has the right to install electric polls on private la.....
Tags : Calcutta High Court, West Bengal State Electricity Distribution Company Limited, electric connection
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Bombay HC Extends Interim Relief to Comedian Kapil Sharma(25.11.2016)
Bombay High Court has extended by two weeks interim relief granted to comedian Kapil Sharma in a case involving alleged illegal constructions in his f.....
Tags : Bombay High Court, Kapil Sharma, illegal constructions
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SC Paves Way for Permanent Commission for India’s First Woman Gallantry Award Wining Army Officer(01.12.2016)
Supreme Court has paved way for first woman gallantry award winning Army officer, Lt Col Mitali Madhumita, to be given permanent commission despite he.....
Tags : Supreme Court, Army officer, gallantry award, Permanent Commission
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Madras High Court Slams Tamil Nadu Govt for Failing to Check Illegal Mining(18.12.2018)
Madras High Court has pulled up Tamil Nadu Government for failing to curb illegal mining in the state and observed that mines and minerals are assets .....
Tags : Madras High Court, Illegal Mining
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Don't Deny Legal Aid to Accused in Court Martial: Supreme Court(21.12.2018)
Supreme Court has ruled that principles of natural justice demanded that whenever an accused Army person sought legal assistance during trial, he/she .....
Tags : Supreme Court, Legal Aid to Accused in Court Martial
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Delhi HC Transfers Plea Seeking Legal Recognition of Same Sex Marriage(05.11.2020)
Delhi High Court has transferred to another bench a Public Interest Litigation seeking legal recognition of same sex marriage under the Hindu Marriage.....
Tags : Delhi High Court, Legal Recognition of Same Sex Marriage
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AAR, Gujarat: GST Applicable on One-Time Long Term Lease Premium Payable by Jinmangal Corporation(11.11.2020)
Authority of Advance Ruling (AAR), Gujarat has ruled that Goods and Service Tax (GST) is applicable on one time long term lease premium payable by Jin.....
Tags : Authority of Advance Ruling, Jinmangal Corporation
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Bombay HC: Ministers, Political Leaders Should Appeal to Followers Not to Put Up Illegal Hoardings(29.07.2022)
Bombay High Court has remarked against the conduct of political leaders and ministers for not proactively curtailing their followers from putting up i.....
Tags : Bombay High Court, Illegal Hoardings, Ministers
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Uttarakhand HC Warns Former Chief Ministers of Stern Measures(06.12.2016)
Uttarakhand HC has set a deadline of February 15, warning Former CMs yet to vacate the bungalows allotted to them, of stern measures, including forced.....
Tags : Uttarakhand HC, Former CMs, bungalows
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IIM Kolkata Being an Educational Institution, Eligible for GST Exemption: AAR(20.11.2018)
Advance Ruling Authority, West Bengal has held that the Indian Institute of Management (IIM) should be treated as an ‘educational institution’ for the.....
Tags : AAR West Bengal, IIM Kolkata, GST
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Identify Illegal Shrines in Nashik: Bombay High Court Tells Civic Body(21.11.2018)
Bombay High Court has directed the Nashik Municipal Corporation (NMC) to carry out a fresh exercise of identifying unauthorised religious structures i.....
Tags : Bombay High Court, Illegal Shrines, Nashik
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SC Allows Uttarakhand Govt. to Demolish 4 Illegal Religious Structures on Public Land(20.11.2020)
Supreme Court has allowed the state of Uttarakhand to demolish four illegal religious structures on public land in Haridwar by the extended deadline o.....
Tags : Supreme Court, Illegal Religious Structures
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Bombay HC Quashes Notice Issued by BMC for Demolition of Kangana Ranaut’s Bungalow(27.11.2020)
Bombay High Court has quashed the notice and order issued by the Brihanmumbai Municipal Corporation (BMC) to demolish Kangana Ranaut’s bungalow.
Tags : Bombay High Court, Demolition of Kangana Ranaut’s Bungalow
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Del. HC: Judicial Review of Govt Contracts Permitted If Illegality in Decision Making Process Exists(06.09.2022)
Delhi High Court has held that scope of judicial review in matters of government contracts is limited and can only be exercised if there is patent unr.....
Tags : Delhi High Court, Government Contract, Illegality
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Orissa HC: Legal Heirs Can Substitute Complainant & Pursue Prosecution Upon His Death(09.09.2022)
Orissa High Court has held that legal heirs of a complainant, where a criminal case is instituted upon complaint, can substitute him upon his death an.....
Tags : Orissa High Court, Legal Heirs, Substitute
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Karnataka High Court Quashes Money Laundering Case Against Ex Minister Gali Janardhan Reddy(14.03.2017)
Karnataka High Court has quashed Enforcement Directorate proceedings against former minister and mining baron Gali Janardhan Reddy, who came under inc.....
Tags : Karnataka High Court, Gali Janardhan Reddy, Money Laundering
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CIVIL - Kerala HC Issues Ultimatum to Local Self Government Institutions Regarding Illegal Flex Boards(06.03.2019)
Kerala High Court has issued a final ultimatum to all local self-government institutions in state and issued directions to take urgent action to remov.....
Tags : Kerala High Court, llegal flex boards/hoardings/billboards/flags
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CIVIL - SC Sets Aside NGT Order Enlarging Buffer Zones Around Bengaluru Water Bodies(06.03.2019)
Supreme Court has set aside National Green Tribunal's order enlarging buffer zone limits around lakes and water bodies in Bengaluru.
Tags : Supreme Court, Buffer zone, NGT, Bengaluru
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Rajasthan HC Issues Notice on Illegal Mining Near International Borders of Rajasthan(05.02.2021)
Rajasthan High Court has issued notices to central and state governments seeking replies on illegal mining near international borders of Rajasthan. Co.....
Tags : Rajasthan High Court, Illegal Mining Near International Borders of Rajasthan
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Budget 2021: West Bengal Government Waives Road Tax on Every Passenger Transport Vehicles(11.02.2021)
Government of West Bengal has waived the road tax on all passenger transport vehicles from January 31, 2021 to June 30, 2021 for two quarters.
Tags : Budget 2021, West Bengal Government
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Madras HC: Take Action Against Private Resorts for Illegally Diverting Flow of Natural Waterfalls(24.11.2022)
Madras High Court has directed District Collectors of Tenkasi, Tirunelveli, Kanyakumari, Coimbatore and Ooty to form a committee to curtail illegal di.....
Tags : Madras High Court, Illegal Diversion, Waterfall
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Assam NRC: Supreme Court Questions Foreigners’ Tribunals Plan(10.05.2019)
Supreme Court has questioned a proposal by the Assam government to quickly throw open 1,000 foreigners’ tribunals all over the northeastern State to t.....
Tags : Supreme Court, illegal immigrants
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Madras High Court to Decide on Legality of Permission to Use Reserved Symbol(26.03.2021)
Madras High Court has said the legality of one political party permitting candidates of another party to contest in its reserved symbol can be decided.....
Tags : Madras High Court, Legality of Permission to Use Reserved Symbol
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SC Grants Ad Interim Protection from Arrest to Anup Majee in West Bengal Coal Scam Probe(26.03.2021)
Supreme Court has granted ad interim protection from arrest to the prime accused in the West Bengal coal scam probe, Anup Majee, conditional on him jo.....
Tags : Supreme Court, West Bengal Coal Scam Probe
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SC: Deposit Made Under Section 21(5) MMDRA for Illegal Mining Not "Proceeds Of Crime" Under PMLA(31.03.2021)
Supreme Court has expressed a prima facie view that deposit made under Section 21(5) of the Mines and Minerals Development and Regulation Act, 1957 (M.....
Tags : SC, Illegal Mining
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Delhi HC to DSLSA: Provide Roadmap for Implementing Para-Legal Volunteers Scheme in Police Stations(30.01.2023)
Delhi High Court has directed Delhi State Legal Services Authority (DSLSA) to provide a roadmap for implementing its scheme for engaging paralegal vol.....
Tags : Delhi High Court, Delhi State Legal Services Authority, Para-Legal Volunteers
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Karnataka HC Orders LMD to Pay Rs 15,000 to Mumbai-based Mineral Water Company(01.09.2016)
Karnataka HC has quashed the proceedings registered against Danone Narang Beverages Private Limited, Mumbai and also directed the Legal Metrology Depa.....
Tags : Karnataka HC, Legal Metrology Department
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Supreme Court Declines to Stay Interim Bail Granted to Former Bhushan Steel Promoter(05.09.2018)
Supreme Court has refused to stay the interim bail granted by Delhi High Court to former Bhushan Steel promoter Neeraj Singal.
Tags : Supreme Court, Bhushan Steel, Neeraj Singal
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J&K&L High Court Orders 10 Lakh Compensation in Illegal Deprivation of Land Case(04.01.2022)
Jammu and Kashmir and Ladakh High Court has directed the Jammu and Kashmir Government to pay Rs. 10 Lakh as compensation to the petitioners in a case .....
Tags : Jammu and Kashmir and Ladakh High Court, Illegal Deprivation of Land Case
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Rajasthan HC Orders Status Quo on Demolition of Illegal Encroachment on Kotputli Road(13.01.2022)
Rajasthan High Court has directed the Nagar Palika, Kotputli to decide the objections submitted by 25 petitioners pursuant to the notices issued to th.....
Tags : Rajasthan High Court, Illegal Encroachment on Kotputli Road
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Calcutta HC Urges West Bengal State Election Committee to Postpone Proposed Elections(17.01.2022)
Calcutta High Court has urged the West Bengal State Election Commission to postpone the proposed elections to four municipal corporations for a period.....
Tags : Calcutta High Court, West Bengal State Election Committee
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Kar. HC to State: Revisit School Timings and Working Hours to Reduce of Traffic Congestion(13.09.2023)
Karnataka High Court has directed State to take appropriate steps regarding the issue of revisiting school timings, along with revisiting the working .....
Tags : Karnataka High Court, Traffic Congestion, Bengaluru
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SC Stays Kerala HC Order Directing State to Pay Annuity to Legal Heirs of Former Ruler(18.09.2023)
Supreme Court has stayed Kerala High Court order that directed State Government to pay annuity to the legal heirs of the Malayala Brahmin family and h.....
Tags : Supreme Court, Kerala High Court, Annuity, Legal Heirs
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Bombay HC Seeks Monthly Status Report on Action Taken Against Illegal Shrines(24.11.2015)
Bombay HC has ordered all civic bodies across State to file status reports of action taken against illegal shrines with the Maharashtra government on .....
Tags : Bombay HC , Illegal Shrines
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ITAT Bengaluru: Cost Incurred on Alteration/Renovation on Purchased Unit is Eligible for Capital Gain(26.09.2017)
A Division bench of ITAT Bengaluru has held that the benefit of Section 54F of the Income Tax Act, 1961 can be extended to the cost incurred by the as.....
Tags : ITAT Bengaluru, Exemption, Capital Gain
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Calcutta HC Grants Time to WB Government to Submit Reply to Final Report by NHRC(22.07.2021)
Calcutta High Court has granted time to the West Bengal state government to submit a reply to the final report submitted by the Committee of the Natio.....
Tags : Calcutta High Court, West Bengal Post Poll Violence
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Ker. HC: Printing Agencies Required to Remove Illegal Hoardings Within 7 Days of Notice(09.06.2023)
Kerala High Court has held that after designated authorities remove illegal hoardings to holding areas, printing agencies will be required to remove s.....
Tags : Kerala High Court, Printing Agencies, Illegal Hoardings
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Karnataka HC Directs Action Against Illegal Use of Loudspeakers at Religious Places(14.01.2021)
Karnataka High Court has directed the State Government to issue directions to the police machinery as well as Karnataka State Pollution Control Board .....
Tags : Karnataka High Court, Illegal Use of Loudspeakers
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Karnataka HC: Bangalore Turf Club, Mysore Race Club are Public Authorities Under RTI Act(18.01.2021)
Karnataka High Court has held that Bangalore Turf Club Limited, Mysore Race Club Limited, The Institution Of Engineer (India) Karnataka State and Ladi.....
Tags : Karnataka High Court, Bangalore Turf Club, Mysore Race Club
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Gauhati HC Issues Notice in Plea on Non-Implementation of Schemes in Nagaland(22.01.2021)
Gauhati High Court has issued notice to Union Of India, State of Nagaland and others in a plea filed by the petitioner-Society (Global Trust Club) rai.....
Tags : Gauhati High Court, Non-Implementation of Schemes in Nagaland
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HC Slams Kerala Govt For 'Playing Hide and Seek' Over Issue of Unauthorised Flags, Banners(18.10.2022)
Kerala High Court asked the State to not to play a 'hide and seek' game with the court by asking the state government to come clean on whether it want.....
Tags : Kerala High Court, illegal flag, State
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SC: Appointment of VC Illegal When Search Committee Recommended Only One Name(27.10.2022)
Supreme Court has held that the appointment of a Vice-Chancellor of a University will be illegal when the Search Committee recommended only one name i.....
Tags : Supreme Court, Vice-Chancellor, Illegal, Search Committee
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Karnataka HC Directs Paralegal Volunteers to Verify Condition of Bengaluru Roads(21.12.2020)
Karnataka High Court has directed the Karnataka State Legal Services Authority in coordination with Secretary of Bengaluru Urban district legal servic.....
Tags : Karnataka High Court, Condition of Bengaluru Roads
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Delhi HC: No Legality Attached to Fatwa; Not Binding(24.12.2020)
Delhi High Court has held that there cannot be any legality or validity attached to a fatwa, especially in respect of ownership of immovable property,.....
Tags : Delhi High Court, Legality of Fatwa
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Bombay HC Directs State to Pay Compensation to Men Detained Illegaly(28.12.2020)
Bombay High Court has directed the State government to pay Rs.50,000 each towards compensation to two men who were illegally detained in Beed District.....
Tags : Bombay High Court, Illegal Detention, Compensation
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SC to State LSA: Use DLSA Model on Inclusion of Para-Legal Volunteers in Police Stations(02.09.2022)
Supreme Court has directed to circulate the Delhi State Legal Services Authority's (LSA) scheme regarding empanelment of Para Legal Volunteers in poli.....
Tags : Supreme Court, Paralegal Volunteers, Legal Services Authority
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Uttarakhand HC Asks Ex-CMs to Vacate Bungalows by Dec 16(25.10.2016)
Uttarakhand High Court has refused to give any more time to Ex-Chief Ministers of State to vacate Government Bungalows occupied by them in city, sayin.....
Tags : Uttarakhand High Court, Ex-Chief Ministers, Government Bungalows
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Calcutta HC Dismisses Plea by WBCPCR Seeking Compensation From Election Commission For Covid Orphans(25.05.2022)
Calcutta HC dismissed a PIL filed by West Bengal Commission for Protection of Child Rights (WBCPCR) seeking a direction upon the Election Commission t.....
Tags : West Bengal Commission for Protection of Child Rights, Election Commission, Covid-19, Compensation
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Madras HC: Bar Associations Cannot Pass Resolutions Against Representing a Person(25.05.2022)
Madras High Court while condemning the act of the Karaikudi Bar Association in passing a resolution stating that no one shall represent certain accuse.....
Tags : Madras High Court, Bar Association, Illegal
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NGT Slams Expert Committee Over Illegal Constructions on Bengaluru 's Wetlands(15.09.2015)
National Green Tribunal (NGT) has slammed an expert committee over its inspection report on ecologically sensitive area between Bellandur and Agara la.....
Tags : National Green Tribunal ,Bengaluru
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SC to States: Stop Divisive Fights over Boundary Disputes(17.09.2015)
SC has suggested that states should refrain from creating “border inside the border” by fighting over their territorial boundaries. The court asked st.....
Tags : SC ,Assam, Arunachal Pradesh, Nagaland
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Delhi High Court Restrains Notification Calling for Applications for Legal Researchers(26.07.2019)
Delhi High Court has issued notice to the Govt of Delhi in a writ petition filed by a student alleging hostile discrimination against graduates of 3 y.....
Tags : Delhi High Court, Legal Researchers
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SC Issues Notice on Petition Seeking SIT Probe into West Bengal Post-Poll Violence(02.07.2021)
Supreme Court has issued notice to the Central Government, State of West Bengal, and the Election Commission of India in a plea seeking for an inquiry.....
Tags : Supreme Court, West Bengal Post-Poll Violence
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Allahabad HC Denies Bail to Man Accused of Operating Illegal International Call Set Up(12.07.2021)
Allahabad High Court has denied bail to a man accused of operating an illegal international call set up and who was terminating foreign calls in India.....
Tags : Allahabad High Court, Bail to Man Accused of Operating Illegal International Call Set Up
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CIVIL - No One will be Allowed to Make Mockery of Medical, Legal Education: SC(19.02.2019)
Supreme Court has said it would not allow anyone to make a mockery of medical and legal education in the country and warned of stringent steps against.....
Tags : Supreme Court, Medical, Legal Education
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CIVIL - Patna HC Orders Former Chief Ministers to Vacate Lifetime Bungalows(20.02.2019)
Patna High Court has ordered former chief ministers of state to vacate government bungalows assigned to them and termed the occupation as unconstituti.....
Tags : Patna High Court, Former Chief Ministers to Vacate Lifetime Bungalows
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CIVIL - No More Appeals to Maintain Illegal Constructions: Madras HC(20.02.2019)
Madras High Court has condemned practice of allowing an encroacher to file an appeal to maintain an illegal construction under Section 113-C of TN Tow.....
Tags : Madras High Court, Illegal Construction, TN Town and Country Planning Act
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Bombay HC Takes Suo Moto Cognizance of Illegal Sale of Nylon Threads in Festive Season(04.01.2021)
Bombay High Court has taken suo moto Public interest litigation cognizance on the illegal sale of nylon manjas on the festive seasons causing severe d.....
Tags : Bombay High Court, Illegal Sale of Nylon Threads
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Ker. HC Cracks Whip on Buses With Illegal Alterations & YouTube Vloggers Promoting Such Vehicles(07.10.2022)
Kerala High Court while initiating suo moto proceedings on Vadakkancherry bus accident, has called for strong action against tourist buses fitted with.....
Tags : Kerala High Court, Illegal Modifications, Tourist Buses
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Follow Due Process for Demolishing Building: Bombay High Court(02.04.2018)
Bombay High Court has allowed a petitioner to reconstruct an illegal structure that was demolished by the Brihanmumbai Municipal Corporation (BMC) as .....
Tags : Bombay High Court, Illegal Structure
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SC: Conflicting Claims of Legal Representatives Can be Decided in Execution Proceedings(23.01.2020)
Supreme Court has observed that the conflicting claims of legal representatives can be decided in execution proceedings given the principles of Rule 5.....
Tags : Supreme Court, Claims of Legal Representatives
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Bombay HC: Even if Remand Order is Illegal, Still Writ of Habeas Corpus Not Effective Remedy(27.01.2020)
Bombay High Court has dismissed a Writ of Habeas Corpus observing that even if the Magistrate had acted rather mechanically remanding the accused in j.....
Tags : Bombay High Court, Writ of Habeas Corpus, Illegal Remand Order
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Ker. HC: KeLSA can Grant Victim Compensation without Court Order Except under POCSO(17.08.2023)
Kerala High Court has held that Kerala State Legal Services Authority (KeLSA) can grant victim compensation suo moto, without a court recommendation, .....
Tags : Kerala High Court, Kerala State Legal Services Authority, Victim Compensation
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Del. HC to MCD: Ensure No Illegal Dumping of Electrical, Plastic and Medical Garbage in Delhi(21.08.2023)
Delhi High Court has directed MCD to ensure that there is no illegal dumping of electrical, plastic and medical garbage in Delhi, and also to take ap.....
Tags : Delhi High Court, MCD, Illegal Dumping
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Cal. HC: Misuse of Section 498A Unleashing New Legal Terrorism(22.08.2023)
Calcutta High Court while quashing a criminal proceeding has remarked that the legislature has enacted the provision of Section 498A to strike out the.....
Tags : Calcutta High Court, Section 498A, Legal Terrorism
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Allahabad HC Directs State on Policy for Provision of Compensation to Illegally Detained Citizens(14.06.2021)
Allahabad High Court has directed the State Government to strictly implement its policy of granting compensation to a citizen, who has been illegally .....
Tags : Allahabad High Court, Illegally Detained Citizens
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Bom. HC: Illegality of Appointment Procedure Not Ground for Rendering Arbitration Agreement Invalid(09.05.2023)
Bombay High Court has held that mere illegality of the appointment procedure would not swipe the entire arbitration agreement into illegality and what.....
Tags : Bombay High Court, Appointment Procedure, Illegality of Appointment
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Meg. HC to State: Indicate Actions Taken Against Illegal Coal Mine Operations(10.05.2023)
Meghalaya High Court while observing that kingpins of illegal coal mining in state had been nurtured and protected by the State, has directed State to.....
Tags : Meghalaya High Court, State Government, Illegal Coal Mine
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SC: Arbitral Award Suffers from Patent Illegality if Illegality is Apparent on the Face of it(11.05.2023)
Supreme Court has held that an arbitral award could be said to be suffering from “patent illegality” only if it is an illegality apparent on the face .....
Tags : Supreme Court, Award, Illegality, Arbitration
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Bombay HC Asks Maharashtra Govt to Examine in Alleged Illegal Distribution of Remdesivir(17.06.2021)
Bombay High Court has asked the Maharashtra Government to seriously examine the role of MLA Zeeshan Siddique and actor Sonu Sood regarding the alleged.....
Tags : Bombay High Court, Alleged Illegal Distribution of Remdesivir
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Karnataka High Court Grants Default Bail to 115 UAPA Accused in Bengaluru Riots Case(18.06.2021)
Karnataka High Court has granted default bail under section Section 167(2) of the Criminal Procedure Code, 1973 (CrPC) to 115 accused in the case rega.....
Tags : Karnataka High Court, Bengaluru Riots Case
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NGT to DM Prayagraj & Kaushambi: Take Action Against Alleged Illegal Sand Mining in Yamuna(10.04.2023)
National Green Tribunal, Principal bench has directed District Magistrates of Prayagraj and Kaushambi districts in Uttar Pradesh to take action agains.....
Tags : National Green Tribunal, Illegal Sand Mining, Yamuna, District Magistrates
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MP HC: Legal Framework Governing Inter-Religion Marriage Is Complex(20.04.2023)
Madhya Pradesh High Court has observed that legal framework governing inter-religion marriage is complex and requires couples to navigate several lega.....
Tags : Madhya Pradesh High Court, Inter-Religion Marriage, Legal Framework
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SC Issues Notice in Plea Challenging NGT Order Refusing To Stop Illegal Felling Of 500 Trees(07.09.2021)
Supreme Court has issued notice in an appeal filed by the Naharpur Residents Welfare Association challenging the order passed by the Principal Bench, .....
Tags : Supreme Court, NGT Order Refusing To Stop Illegal Felling Of 500 Trees
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Karnataka HC Directs State to Take Action Against Illegal Building Permissions Granted(08.09.2021)
Karnataka High Court has directed the State Government to take action against persons in authority, who granted "illegal permissions" in respect of va.....
Tags : Karnataka High Court, Action Against Illegal Building Permissions Granted
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Delhi HC on Plea Challenging System of Awarding Gallantry Medals to Armed Forces as Arbitrary(09.09.2021)
Delhi High Court has dismissed as withdrawn a petition filed by a retired defence personnel, alleging that the current system of awarding gallantry me.....
Tags : Delhi High Court, System of Awarding Gallantry Medals
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Karnataka HC Rejects Challenge to Handing Over of Mangalore Airport Management to Adani Group(15.09.2021)
Karnataka High Court has dismissed a petition filed by the Airports Authority Employees Union, challenging the decision of the Central Government and .....
Tags : Karnataka High Court, Mangalore Airport Management
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SC: Can’t Claim Salary Once Appointment is Declared Illegal & Void Ab Initio(24.08.2023)
Supreme Court has held that once the appointment of employee has been declared illegal and void ab initio, continuing in service and salary claims bec.....
Tags : Supreme Court, Salary, Appointment, Illegal
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Bombay High Court asks DCIT to pay Cost of Rs. 1.5 Lakhs for Illegal Denial of Refund(03.01.2019)
Bombay High Court has recently imposed a fine of 1.50 lakhs on the Deputy Commissioner of Income Tax for not granting refund.
Tags : Bombay High Court, DCIT, Illegal Denial of Refund
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Pakistan SC Issues Notice to PM for Alleged Use of Public Property for Party's Legal Forum(14.10.2020)
Pakistan Supreme Court has issued suo-motu notice to the Prime Minister of Pakistan, Imran Khan over his participation in a lawyers' convention organi.....
Tags : Pakistan Supreme Court, PM Imran Khan, Use of Public Property for Party's Legal Forum
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NGT Directs to Take Remedial Action Over Alleged Illegal Sand Mining in Hamirpur District(02.06.2021)
National Green Tribunal (NGT) has disposed of a plea with direction to the Chief Secretary, Uttar Pradesh, and District Magistrate, Hamirpur to take r.....
Tags : National Green Tribunal, Illegal Sand Mining in Hamirpur District
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SC to Punjab Govt.: Continue Steps to Stop Illegal Transportation of Spurious Liquor(28.03.2023)
Supreme Court while closing proceedings in plea pertaining to issue of large-scale manufacture and sale of illicit liquor in state of Punjab has direc.....
Tags : Supreme Court, Punjab, Illegal, Spurious Liquor
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SC: Can't Declare Entire Animal Kingdom as Legal Entity(03.04.2023)
Supreme Court while dismissing a PIL seeking declaration of the entire animal kingdom as legal entities with corresponding rights of a living person, .....
Tags : Supreme Court, Animal Kingdom, Legal Entity
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Gau HC to Centre & State: Stop Illegal Mining by Coal India Ltd in Forest Areas of Digboi Division(03.04.2023)
Gauhati High Court has directed Centre and State government to stop Coal India Ltd. from undertaking mining activities in Saleki Proposed Reserve Fore.....
Tags : Gauhati High Court, Illegal Mining, Coal India
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SC Stays Notification Cancelling Nagaland Local Body Polls(06.04.2023)
Supreme Court while issuing contempt notice in plea alleging non-compliance of order of Apex Court directing State and Nagaland State Election Commiss.....
Tags : Supreme Court, Contempt Notice, Nagaland Local Body Polls
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Ker HC: Purposeful Attempts to Show That Convict is Not Well-Behaved & Deny Parole is Illegal(10.04.2023)
Kerala High Court has observed that purposeful attempt by jail authorities made to create an impression that a convict is not a well-behaved person in.....
Tags : Kerala High Court, Parole, Well Behaved, Illegal
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Supreme Court: No Re-Election in Uncontested Panchayat Seats in WB(24.08.2018)
In a relief for Mamata Banerjee, Supreme Court has turned down the pleas of CPI(M) and BJP seeking cancellation of elections on uncontested local body.....
Tags : Supreme Court, Mamata Banerjee, West Bengal
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SC: 'Patent Illegality' a Ground Available to Set Aside Domestic Arbitral Awards(25.05.2020)
SC has observed that an arbitral award can be set aside under Section 34 of the Arbitration and Conciliation Act, 1996 if it is patently illegal.
Tags : Supreme Court, Patent Illegality
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Delhi HC Issues Notice in Plea Seeking Removal of Illegal Content Against Minors(29.05.2020)
Delhi High Court has issued notice to the Union of India in a plea seeking removal of fake news and hate speech on social media platforms through desi.....
Tags : Delhi High Court, Illegal Content Against Minors
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Karnataka HC Takes Suo Motu Cognizance of Legal and Technical Issues Faced by Trial Courts(29.05.2020)
Karnataka High Court has taken suo motu cognizance to address various legal and technical issues that would arise before the District and Trial Courts.....
Tags : Karnataka High Court, Legal and Technical Issues Faced by Trial Courts
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Bombay HC: High Court Office to Accept Appeals by Advocates Appointed by Legal Aid or Court(01.04.2022)
Bombay High Court has observed that the High Court Office must accept appeals filed by advocates appointed by the Legal Aid Service Authority or the C.....
Tags : Bombay High Court, High Court, Legal Aid Service Authority, Acceptance of Appeals
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Karnataka HC Dismisses PIL Seeking Disclosure of Names of Accused in Bengaluru Riots Case(27.08.2020)
Karnataka High Court has dismissed a public interest litigation seeking to give wide publicity to names of accused arrested in the Bengaluru riots cas.....
Tags : Karnataka High Court, Bengaluru Riots Case
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Allahabad HC: Non-Reporting of Seizure of Bank Account to Magistrate Doesn't Make Seizure Illegal(06.06.2022)
Allahabad High Court has observed that non-reporting of the seizure of a bank account, seized by police under Section 102 Code of Criminal Procedure, .....
Tags : Allahabad High Court, bank account, Illegal
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Delhi HC Directs Inquiry into Hoarding and Illegal Stocking of Covid Medicines(24.05.2021)
Delhi High Court has directed the Drug Controller to conduct inquiry or investigation into three specific allegations against BJP MP Gautam Gambhir an.....
Tags : Delhi High Court, Hoarding and Illegal Stocking of Covid Medicines
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Delhi HC Directs Social Media Platforms to Suspend Accounts for Illegal Sharing of Movie(24.05.2021)
Delhi High Court has directed WhatsApp and other social media platforms to forthwith suspend accounts who are illegally sharing and/or selling pirated.....
Tags : Delhi High Court, Illegal Sharing of Copies of Movie
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Meghalaya HC Orders Deployment of Central Armed Forces to Prevent Illegal Coal Mining(09.02.2023)
Meghalaya High Court while observing that local officials are involved in manipulation and illegal coal mining and while sounding the bell of caution .....
Tags : Meghalaya High Court, Illegal, Coal Mining, CRPF
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SC to Nagaland State Election Commission: Notify Local Body Polls With Women Quota Before March 14(14.02.2023)
Supreme Court has directed Nagaland State Election Commission to notify local body elections with women quota and place before it the official notific.....
Tags : Supreme Court, Nagaland State Election Commission, Women Quota, Local Body
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NGT to WBPCB: Restart Pollution Monitoring Stations(20.01.2016)
National Green Tribunal (NGT) has directed West Bengal Pollution Control Board (WBPCB) to restart eight air monitoring stations that were closed down .....
Tags : National Green Tribunal , West Bengal Pollution Control Board
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Bombay High Court Irks over State for Not Demolishing Illegal Shrines(21.01.2016)
Bombay High Court has irked over State Government, as not even 10 per cent of illegal religious shrines have been demolished in three months and aske.....
Tags : Bombay High Court, State Government, illegal religious shrines
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Supreme Court: No Extension for Payment of Compensation for Illegal Mining(14.12.2017)
Supreme Court has dismissed the plea of Odisha miners' to extend the deadline for staggered payment of over Rs 17,576 crore of compensation for illega.....
Tags : Supreme Court, Illegal Mining
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Gujarat HC Seeks State’s Response over Illegal Downloading of ‘Pokemon Go’(06.10.2016)
Gujarat HC has asked State Government to inform it about possible actions it can take to prevent illegal downloading of the location-based augmented r.....
Tags : Gujarat HC, Pokemon Go, illegal downloading
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Delhi High Court Ends 11 PILs on Illegal Buildings(21.09.2018)
Delhi High Court has disposed PILs pointing out that once an action plan has been drawn to prevent further illegal constructions and removing the exis.....
Tags : Delhi High Court, Illegal Constructions
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SC Holds NHAI Liable to Compensate Death Caused by Failure to Prevent Illegal Mining(16.07.2020)
Supreme Court has upheld an order passed by the National Green Tribunal directing the National Highways Authority of India to pay compensation to lega.....
Tags : Supreme Court, Death Caused by Failure to Prevent Illegal Mining
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Karnataka HC Asks Centre, Bengaluru Metro to Clarify on Mandatory Use of Aarogya Setu(20.07.2020)
Karnataka High Court has directed the Union Government to make a statement before the Court to clarify whether the Ministry of Health and Family Welfa.....
Tags : Karnataka High Court, Bengaluru Metro
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Karnataka HC: Right to Religion Can't be Invoked to Protect Illegal Structures(20.07.2020)
Karnataka High Court has held that fundamental right to religion under Article 25 of the Constitution of India, 1949 does not extend to offering praye.....
Tags : Karnataka High Court, Illegal Structures
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CESTAT: Exemption of Excise Duty For Galvanized Solar Structures As Part of Solar Power Generation(17.05.2022)
Customs, Excise & Service Tax Appellate Tribunal, New Delhi has ruled that galvanised solar structure is a part of solar power generation facility and.....
Tags : Customs, Excise & Service Tax Appellate Tribunal, galvanized, solar power, excise
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Calcutta HC Upholds Single-Bench Order, Nullify West Bengal Madrasa Service Commission Act, 2008(10.12.2015)
Calcutta High Court has upheld a single bench order that nullified the West Bengal Madrasa Service Commission Act, 2008 and rejected appeal by West Be.....
Tags : Calcutta High Court , West Bengal Madrasa Service Commission Act, 2008
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Patna HC issues Summon on 12 RCD Engineers for Increasing Height of Roads in Bhagalpur(14.12.2015)
Patna HC has issued notices against 12 engineers of Road Constructions Department (RCD) while initiating contempt proceedings against them for increas.....
Tags : Patna HC, Bhagalpur
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SC: Legal Metrology Act Eliminates Only Those Offence with Regard to Weight or Measure under IPC(05.09.2019)
Supreme Court has ruled that though Section 3 of the Legal Metrology Act, 2009 completely overrides the provisions of Chapter 13 of the Indian Penal C.....
Tags : SC, Legal Metrology Act
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Supreme Court Allows Mining Baron Gali Janardhan Reddy to Visit And Stay in District of Bellary(20.08.2021)
Supreme Court has allowed former Karnataka minister & mining baron, Gali Janardhan Reddy, accused in a multi-million illegal mining cases to visit and.....
Tags : Supreme Court, Mining Baron Gali Janardhan Reddy
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SC: Non-participation in a Proceeding of Restitution of Conjugal Rights has Civil Consequences(31.07.2023)
Supreme Court has observed that nonparticipation in a proceeding of a restitution of conjugal rights, of the party who seeks for transfer of such proc.....
Tags : Supreme Court, Restitution of Conjugal Rights, Civil Consequences
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Delhi High Court: Legal Database’s Subscription Can’t Be Considered as Transfer of Copyright(26.02.2024)
Delhi High Court has held that subscription to a legal database does not amount to transfer of copyright since there is a vast difference between tran.....
Tags : Delhi High Court, Legal Database Subscription, Transfer of Copyright
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Delhi High Court: Legal Database’s Subscription Can’t Be Considered as Transfer of Copyright(26.02.2024)
Delhi High Court has held that subscription to a legal database does not amount to transfer of copyright since there is a clear difference between tra.....
Tags : Delhi High Court, Legal Database Subscription, Transfer of Copyright
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Punjab and Haryana High Court Notices Punjab Government over Illegal Constructions near Golden Temple(26.10.2016)
Punjab and Haryana High Court has directed Punjab Government to submit a report as to what action has been taken against erring officials who have bee.....
Tags : Punjab and Haryana High Court, Golden Temple, Illegal Constructions
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Madras HC Seeks User Details from Google, Youtube(26.10.2016)
Madras High Court has directed Google and its subsidiary YouTube to part with details of a user (Marupakkam Seithigal) who posted a video content dubb.....
Tags : Madras High Court, Google, YouTube, Marupakkam Seithigal, Lebara Foundation
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NGT Stays Steel Flyover Project in Bengaluru(02.11.2016)
National Green Tribunal (NGT) has issued an interim injunction against proposed steel flyover planned by Bangalore Development Authority (BDA).
Tags : NGT, Bangalore Development Authority, steel flyover
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Bombay HC Rules ‘Court Cannot Ignore Illegal Detention’(04.11.2016)
Bombay High Court, while granting bail to a Gondia man arrested for murder and cases under Arms Act and SC/ST Act, has said that court can’t turn Nels.....
Tags : Bombay High Court, Arms Act, SC/ST Act, illegal detention
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Delhi HC Asks Centre to Examine Feasibility of Making Law on Illegal Trafficking(04.11.2016)
Delhi High Court has asked Centre to examine feasibility of making a law to check illegal trafficking of manpower for jobs abroad, including on foreig.....
Tags : Delhi High Court, illegal trafficking
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P&H HC Directs Payment of Compensation in Matter of Illegal Detention(08.10.2020)
Punjab and Haryana High Court has directed the State Government to pay a compensation of Rs 1 lakh each to the mother-daughter duo in the matter of il.....
Tags : Punjab and Haryana High Court, Compensation for Illegal Detention
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Bengal Assembly Passes Bill to Replace Governor With CM as Chancellor of State-Run Universities(14.06.2022)
West Bengal Assembly has passed a bill to make Chief Minister (CM) the Chancellor of all state universities, a position traditionally held by the stat.....
Tags : West Bengal, Chancellor, Chief Minister
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Karnataka HC Quashes GO 2018 on Sree Dattatreya Babbudhan Swamy Dargah in Chikkamagaluru(29.09.2021)
Karnataka High Court has quashed the GO which had authorised only the Mujawar appointed by Shah Khadri to perform prescribed religious practices and r.....
Tags : Karnataka High Court, Sree Dattatreya Babbudhan Swamy Dargah in Chikkamagaluru
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Calcutta HC Quashes Allotment of Plot by West Bengal HIDCO to Former Cricketer(29.09.2021)
Calcutta High Court has quashed the allotment of a plot by the West Bengal Housing Infrastructure Development Corporation (HIDCO) to former cricketer .....
Tags : Calcutta High Court, Allotment of Plot by West Bengal HIDCO
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Kerala High Court: Son-In-Law Has No Legal Right In Father-In-Law's Property(05.10.2021)
Kerala High Court has held that a son in law cannot have any legal right in his father in law's property and building, even if he has spent an amount .....
Tags : Kerala High Court, Legal Right In Father-In-Law's Property
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Kerala HC Directs to File Affidavit on Need foe Crime Branch Investigation Against Monson Mavungal(06.10.2021)
Kerala High Court has directed the State Police Chief to file an affidavit stating whether the Crime Branch investigation in the cases against self-st.....
Tags : Kerala High Court, Monson Mavungal
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Kerala HC: Puttingal Temple Fire Tragedy Should be Inquired by CBI(12.04.2016)
Kerala HC, while hearing Justice Chidambaresh's plea seeking ban on high decibel firecrackers, has observed that Puttingal temple fire tragedy should .....
Tags : Kerala HC, Puttingal temple fire tragedy , National Human Rights Commission
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SC Raps States, UTs over Illegal Religious Structures(19.04.2016)
SC has rapped States and Union Territories for their failure to comply with its directions to file affidavits spelling out steps they have taken for r.....
Tags : SC, States, Union Territories, illegal religious structures
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Supreme Court Says, 'Will Not Interfere in West Bengal Panchayat Polls'(09.04.2018)
Supreme Court has refused to interfere in the upcoming West Bengal's panchayat polls, saying parties should approach the State Election Commission wit.....
Tags : Supreme Court, West Bengal, Panchayat Polls
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Allahabad High Court: Court to Inform Accused About Free Legal Services(17.01.2020)
Allahabad High Court has reiterated that while prosecuting an indigent person who cannot afford to engage a lawyer, the Court must provide him with "r.....
Tags : Allahabad High Court, Free Legal Aid
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Delhi HC Seeks Report Over Functioning of Illegally Constructed Temple on Public Land(08.12.2021)
Delhi High Court has directed the Delhi Police to submit a report regarding the functioning of an alleged illegally constructed temple on a public lan.....
Tags : Delhi High Court, Illegally Constructed Temple on Public Land
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NHRC Takes Suo Motu Cognizance of Media Reports on Killing of Civilians in Nagaland(08.12.2021)
National Human Rights Commission, NHRC, India has taken suo-motu cognizance of media reports on the killing of at least 14 civilians in Oting village .....
Tags : National Human Rights Commission, Killing of Civilians in Nagaland
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Kar. HC Stays Proceedings Against Advocates Accused of Obstructing Policeman, Snatching His Phone(06.12.2023)
Karnataka HC has stayed criminal proceedings initiated against four advocates of Chikkamangaluru Bar Association who allegedly stopped police officer .....
Tags : Karnataka HC, Chikkamangaluru Bar Association, criminal proceeding
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SC Directs WB Madrasa Board to Appoint Administrators, Conduct Election of Managing Committee(19.03.2020)
Supreme Court has directed the Kolkata Madrasah Education Board and the District Inspector of Schools (S.E.), Birbhum to appoint an Administrator with.....
Tags : Supreme Court, West Bengal Madrasah Board
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SC: HC in Exercise of Writ Jurisdiction Can Pass Order Interdicting Legal Fiction(20.03.2020)
Supreme Court has observed that the High Court in the exercise of jurisdiction under Article 226 of the Constitution of India, 1949 can pass an order .....
Tags : Supreme Court, Legal Fiction
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P&H HC Issues Notice on Plea Seeking CBI Probe Into Alleged Illegal Mining Activities at Dadam(23.03.2022)
Punjab and Haryana High Court has issued a notice to the Haryana government on a plea seeking Central Bureau of Investigation probe into the alleged i.....
Tags : Punjab and Haryana High Court, Alleged Illegal Mining Activities at Dadam
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Rajasthan HC Upholds Allotment of Bungalow in Civil Lines to Former CM(23.03.2022)
Rajasthan High Court has dismissed a contempt petition against former chief secretary D B Gupta and upheld the allotment of a bungalow in Civil Lines .....
Tags : Rajasthan High Court, Vasundhara Raje, Allotment of Bungalow
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Rajasthan HC: No Criminal Action Against Advocate if Legal Advice Goes Wrong(20.06.2022)
Rajasthan High Court has held that if any legal advice rendered by an Advocate goes wrong, the same would not subject him to criminal prosecution, as .....
Tags : Rajasthan High Court, Legal Advice, Professional Misconduct
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Calcutta HC: No Illegality in State Government’s Door Step Ration Delivery Scheme(21.06.2022)
Calcutta High Court has held that there is no illegality in the West Bengal Duare Ration scheme, under which the State government delivers foodgrains .....
Tags : Calcutta High Court, West Bengal Duare Ration Scheme
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West Bengal Assembly Passes Taxation Tribunal (Amendment) Bill, 2022(22.06.2022)
West Bengal Assembly has passed the West Bengal Taxation Tribunal (Amendment) Bill, 2022 which seeks to replace the Governor with the State Government.....
Tags : West Bengal, Taxation Tribunal (Amendment) Bill, 2022, Governor
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Calcutta to State: Disburse Funds for Victim Compensation in 6 Weeks(23.06.2022)
Calcutta High Court while directing the State government to ensure disbursal of adequate funds within 6 weeks has reprimanded State Legal Services Aut.....
Tags : Calcutta High Court, Victim Compensation, State Legal Services Authority
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Bombay HC to Police: No Coercive Action Against Kapil in Illegal Construction Case(24.03.2017)
Bombay High Court has restrained city police from taking any coercive action against actor Kapil Sharma, based on FIR registered against him alleging .....
Tags : Bombay High Court, Kapil Sharma, Illegal Construction
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SC Slams Assam Government Over Illegal Foreigners(02.04.2019)
Supreme Court has accused Assam Government of playing hide and seek with court's resolve to unravel the mystery of over 40 lakh people not figuring in.....
Tags : Supreme Court, Illegal Foreigners
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Delhi HC Directs Police for Report on Alleged Illegal Detaining of Man in Matrimonial Dispute Matter(05.04.2021)
Delhi High Court has issued notice on a petition alleging illegal detaining and beating of a man involved in a matrimonial dispute by the Delhi Police.....
Tags : Delhi High Court, Illegal Detaining of Man in Matrimonial Dispute Matter
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Supreme Court Stays High Court Proceedings on COVID Vaccination Priority for Legal Fraternity(12.04.2021)
Supreme Court has ordered a stay on proceedings before all High Courts in the cases regarding inclusion of legal fraternity in the priority list for C.....
Tags : Supreme Court, COVID Vaccination Priority for Legal Fraternity
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Meg. HC to State: Identify 'Kingpins' of Illegal Coal Mining(14.03.2023)
Meghalaya High Court while hearing a PIL on menace of Illegal Coal Mining in State, has directed State government to identify kingpins of illegal coal.....
Tags : Meghalaya High Court, Coal Mining, Illegal, Kingpin
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Del. HC: Arbitration Award Violating Indian Contracts Act is Patently Illegal(15.03.2023)
Delhi High Court while partially set aside an arbitration award that was passed in contravention of Sections 59-61 of Indian Contracts Act (ICA), 1872.....
Tags : Delhi High Court, Contracts Act, Arbitration Award, Violation, Illegal
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Chhattisgarh HC: Man Marrying Woman Not Legally Divorced Cannot Plead Invalidity of S. 125 CrPC(18.02.2021)
Chhattisgarh High Court has held that a man, who marries a woman knowing fully well that her earlier marriage has not ended in a valid divorce, is est.....
Tags : Chhattisgarh High Court, Man Marrying Woman Not Legally Divorced
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Mumbai Court Rejects Plea Seeking Injunction Against Movie ‘Gangubai Kathiawadi’(18.02.2021)
Mumbai Court has rejected a suit filed by one Babuji Shah, claiming to be the adopted son of Gangubai Kathiawadi, seeking a permanent injunction restr.....
Tags : Chhattisgarh High Court, Man Marrying Woman Not Legally Divorced
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Kerala HC: Court Cannot Surrender to Opinion of Islamic Clergy When Deciding Legal Questions(01.11.2022)
Kerala High Court has held that Islamic clergy, who have no legal training or knowledge in legal sciences, cannot be relied upon by the court to decid.....
Tags : Kerala High Court, Islamic Clergy, Legal Question
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Bengaluru Court Awards 5 Year Jail Term to Student Who Celebrated Pulwama Attack(01.11.2022)
Bengaluru Court has sentenced a 21-year-old engineering student to 5-Year imprisonment for Celebrating the Pulwama Attack by posting derogatory commen.....
Tags : Bengaluru Court, Pulwama Attack, Imprisonment
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Kerala High Court Issues Strict Instructions to Expeditiously Remove Illegal Flag Posts in State(16.11.2021)
Kerala High Court has issued strict instructions to the State to ensure that no new unauthorised flag posts are installed in the State and to remove t.....
Tags : Kerala High Court, Remove Illegal Flag Posts in State
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Karnataka HC to State: File Status Report on Steps Taken to Prevent Illegal Slaughtering of Animals(28.06.2022)
Karnataka High Court has issued notice to the state government seeking their response about the steps taken for prevention of illegal slaughtering of .....
Tags : Karnataka High Court, Illegal slaughtering, Prevention
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ITAT: Depreciation Not Allowable for Expenditure Availed on Professional or Legal Services(04.07.2022)
Income Tax Appellate Tribunal (ITAT), Bangalore Bench has held that depreciation is not allowable for expenditure availed on professional or legal ser.....
Tags : ITAT, Professional/Legal Services, Commercial Right
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Supreme Court: Deceased Partner’s Legal Heirs Not Liable for Liability of Partnership Firm(09.04.2024)
Supreme Court has held that upon the death of a partner of the partnership firm, legal heirs of the deceased do not become liable for any liability of.....
Tags : Supreme Court, Partnership Firm, Legal Heirs, Deceased Partner
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Karnataka High Court: Accused can’t be Morally Convicted by Trial Court in Absence of Legal Proof(17.04.2024)
Karnataka High Court while setting aside the conviction of life sentence imposed on accused, has observed that since the prosecution failed to establi.....
Tags : Karnataka High Court, Trial Court, Legal Proof
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Cal. HC: WB Government Directed to Finalise Minimum Wage of Tea Plantation Workers Within Six Weeks(17.04.2024)
Calcutta High Court has directed the State of West Bengal to decide the issue of minimum wages of tea plantation workers under the Minimum Wages Act, .....
Tags : Calcutta High Court, State of West Bengal, Minimum Wages Act, 1948
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Form Panel to Curb Illegal Mining: Madras HC(26.04.2019)
Madras High Court has suggested to State government to nominate higher officials known for impeccable integrity and unimpeachable honesty in the High-.....
Tags : Madras High Court, Illegal Mining
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Legal Principles Governing Suspension of Conviction Can't be Applied to Suspend Sentence: SC(30.04.2019)
Supreme Court has set aside a High Court judgment which applied principles governing suspension of conviction to reject a plea seeking suspension of e.....
Tags : Supreme Court, Legal Principles Governing Suspension
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Karnataka HC Refuses to Entertain PIL Against Alleged Illegal Construction of Crosses(22.04.2021)
Karnataka High Court has rejected a petition filed by one P Rudesh seeking directions to take action against alleged illegal construction of two cross.....
Tags : Karnataka High Court, Illegal Construction of Crosses
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Meg. HC to CISF: Indicate Your Readiness on Deployment for Curbing Illegal Coal Mining(21.03.2023)
Meghalaya High Court has directed Central Industrial Security Force (CISF) to indicate within fortnight as to how its deployment can be ensured within.....
Tags : Meghalaya High Court, CISF, Deployment, Illegal Coal Mining
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Meghalaya HC Rejects State's Blueprint to Deploy CRPF for Curbing Illegal Coal Mining(16.03.2023)
Meghalaya High Court has rejected State’s "Grandiose" blueprint to deploy 100 and 60 companies of CRPF in eastern and western range respectively to cu.....
Tags : Meghalaya High Court, CRPF, Illegal Coal Mining
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Rajasthan HC: Establishment of Toll Plaza Can't be Faulted on of Vicinity to Adjoining Villages(11.04.2022)
Rajasthan High Court has held that in the absence of any statutory prohibitions, establishment of Toll Plaza could not be faulted only because the Tol.....
Tags : Rajasthan High Court, statutory prohibitions, Toll Plaza, dhanis, illegal
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CESTAT, Mumbai: Lehman Brothers Securities Eligible for Refund of Service Tax(11.04.2022)
Customs Excise and Service Tax Appellate Tribunal, Mumbai has observed that Lehman Brothers Securities Pvt Ltd is entitled for the refund claim of Ser.....
Tags : Customs Excise and Service Tax Appellate Tribunal, Lehman Brothers Securities Pvt Ltd, Service Tax, legal consultancy, Reverse Charge Mechanism
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Supreme Court Upholds Constitutional Validity of Amendments Related to Charitable Trust Registration(11.04.2022)
Supreme Court has upheld the constitutional legality of the recent amendments made in the Finance Act, 2020 with regard to the new provisions regardin.....
Tags : Supreme Court, constitutional legality, Finance Act, 2020, Income Tax Act, 1961, religious trusts
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NCLT, Kolkata: IRP Cannot be Maintained Against Legal Heirs of Personal Guarantor(12.04.2022)
National Company Law Tribunal, Kolkata has held that insolvency resolution process cannot be maintained against the legal heirs of the personal guaran.....
Tags : National Company Law Tribunal, Insolvency Resolution Process, legal heirs, Personal Guarantor
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Karnataka HC Upholds Constitutional Legality of Proviso (v) to S.14(1) SARFAESI Act(14.04.2022)
Karnataka High Court has upheld the Constitutional legality of proviso (v) Section 14(1) of the Securitization and Reconstruction of Financial Assets .....
Tags : Karnataka High Court, Constitutional legality, Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002
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Bombay HC Dismisses Govt.’s Plea Seeking Regularisation of Illegal Structures(28.04.2016)
Bombay High Court has dismissed Maharashtra Government plea seeking to implement a policy to regularise illegal structures across the State which have.....
Tags : Bombay High Court, Illegal Structures
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Regularising of Illegal Structures Will Result In Time Bomb: Delhi High Court(25.04.2018)
Delhi High Court has said that with the AAP government "pushing for" regularising illegal constructions and the civic bodies allowing such buildings t.....
Tags : Delhi High Court, Illegal Structures
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Bombay High Court Allows Egyptian Man's Habeas Corpus Plea Against In-Laws(31.01.2020)
Bombay High Court has allowed a criminal writ Petition filed by Khaled Kassem, an Egyptian citizen who sought the issuance of a writ of habeas corpus .....
Tags : Bombay High Court, Writ of Habeas Corpus, Illegal Confinement of Child
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Guj. HC: Forcing Children Aged Below 3 Yrs to Attend Pre-School is an Illegal Act on Part of Parents(05.09.2023)
Gujarat High Court has held that forcing children to go to a pre-school below the age of 3 years is an 'illegal act' on the part of the parents.
Tags : Gujarat High Court, Children, Pre School, Illegal Act
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Karnataka HC: Lokayukta SIT Can Probe Only Referred Illegal Mining Cases(12.01.2017)
Karnataka High Court has said that Special Investigation Team (SIT) of Karnataka Lokayukta, constituted to probe illegal mining cases, can investigate.....
Tags : Karnataka High Court, Lokayukta, Illegal Mining Cases
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SEZ Rules Amended to Make Legal, Accountancy Services From Foreign Entities Possible in SEZs(16.01.2017)
Govt has amended Special Economic Zones Rules to removes exclusion of Legal Services & Accounting from ambit of ‘services’, thereby waving a way to ma.....
Tags : Special Economic Zones Rules, Legal Services, Accounting
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Bombay HC Gives 120 Days to State For Raising Police Cell to Check Illegal Construction(17.01.2017)
Bombay High Court, while expressing its displeasure at the fact that over 400 illegal buildings have come up in Navi Mumbai since its July 2015 order .....
Tags : Bombay High Court, Illegal Construction, Special Police Cell
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SC Slams SDMC Over Illegal Buildings in Dwarka(15.01.2019)
Supreme Court has asked South Delhi Municipal Corporation to explain why it has not taken action against unauthorised constructions in Dwarka despite .....
Tags : Supreme Court, SDMC, Dwarka, Illegal Building
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SC Slams SDMC Over Illegal Buildings in Dwarka(15.01.2019)
Supreme Court has asked South Delhi Municipal Corporation to explain why it has not taken action against unauthorised constructions in Dwarka despite .....
Tags : Supreme Court, SDMC, Dwarka, Illegal Building
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Bombay HC Orders Police to Take Action Against Illegal Cow Slaughter and Meat Sale(16.01.2019)
Bombay High Court has directed the police to take action in all complaints received against illegal animal slaughter and sale of such meat in the stat.....
Tags : Bombay High Court, Illegal Cow Slaughter
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Bombay HC Slams Civic Bodies Over Illegal Hoardings, Orders Removal(01.02.2017)
Bombay High Court, came down heavily on authorities over illegal hoardings put up by political parties and passed several directions to not only pull.....
Tags : Bombay High Court, Illegal Hoardings
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Delhi HC Grants Divorce For Denial of ‘Conjugal Bliss’(02.02.2017)
Delhi High Court has upheld a Trial Court's verdict granting divorce to a man on grounds that his wife had denied him "conjugal bliss" for about two m.....
Tags : Delhi High Court, conjugal bliss, divorce
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Bombay HC Rules 'Sindur & Mangalsutra' Don’t Constitute Valid Marriage(06.02.2017)
Bombay High Court, while stressing on importance of proper ceremonies and “due form” for a legal union between man and woman, has ruled that, mere phy.....
Tags : Bombay High Court, Sindur, Mangalsutra
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Madras HC Suggests Use of UAVs to Curb Illegal Sand Mining in Tamil Nadu(07.02.2019)
Madras High Court has suggested use of either unmanned aerial vehicles (UAVs) or satellite imagery to curb illegal sand mining in Tamil Nadu.
Tags : Madras High Court, Illegal Sand Mining in Tamil Nadu
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Avoid Hasty ‘Friday Arrests’, Madras HC Tells Tamil Nadu police(07.02.2019)
Tags : Madras High Court, Illegal Sand Mining in Tamil Nadu
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Bombay HC Holds Man to be Legally Insane Despite Contrary Medical Opinion(11.02.2019)
Bombay High Court has ruled a man to be "legally insane", despite the fact that he was found to not be suffering from any mental disorder by Yerwada M.....
Tags : Bombay High Court, Bombay HC Holds Man to be Legally Insane Despite Contrary Medical Opinion
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Resolve Issues Over Nirav Modi’s Bungalow: Bombay High Court(11.02.2019)
Bombay High Court has said Enforcement Directorate and the collector, Raigad, must together resolve issues arising out of the demolition of fugitive b.....
Tags : Bombay High Court, Nirav Modi’s Bungalow
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Close All Illegal Bars in Tamil Nadu: Madras HC(13.02.2019)
Madras High Court has directed secretary, home, prohibition and excise to close all illegal bars immediately and report to the court by February 20.
Tags : Madras High Court, Illegal Baras, Tamil Nadu
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ITAT, Bengaluru: No Exemption to Society For Investment in Fixed Asset using Loan Amount(15.06.2017)
ITAT, Bengaluru has held that assessee-society is not entitled to exemption in respect of investment in fixed asset using loan amount under section 11.....
Tags : ITAT, Bengaluru, Income Tax Act
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Gujarat High Court: Legal Consultant of Corporation Can’t Enroll As A Lawyer(19.06.2017)
Gujarat High Court has held that a law graduate working as a Legal Consultant with a Corporation with a contract in nature of a full-time job is not e.....
Tags : Gujarat High Court, Legal Consultant
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ITAT, Bangalore: Income of Minor Beneficiaries Can be Clubbed to Income of Parents(19.06.2017)
ITAT, Bangalore has held that income of minor beneficiaries can be clubbed to income of parents under section 64(1)(a) of Income Tax Act, 1961.
Tags : ITAT, Bangalore, Minor, Income
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Madras HC Says 'No' to Restitution of Conjugal Rights To Husband Who Remarried During Suit Pendency(22.06.2017)
Madras High Court has refused to grant relief of restitution of conjugal rights to a man who had remarried during the pendency of the suit.
Tags : Madras High Court, Restitution of Conjugal Rights
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MP High Court Declines to Issue Order to Set Up Dispensary for Legal Fraternity(23.06.2017)
Madhya Pradesh High Court has declined to issue any direction to set up a dispensary on the Court premises or specialised hospitals at divisional head.....
Tags : Madhya Pradesh High Court, Dispensary, Legal Fraternity
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ITAT Bangalore: Income from Sale of Cocoons Taxable as “Other Income”(12.06.2019)
Income Tax Appellate Tribunal (ITAT), Bangalore has noted that the income received from the sale of cocoons is not agricultural income and is taxable .....
Tags : ITAT Bangalore, Other Income
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AAR West Bengal: No Input Tax Credit on Motor Vehicles Bought for Rent-a-Cab Service(13.06.2019)
Authority for Advance Rulings (AAR), West Bengal has noted that the GST paid on the purchase of motor vehicles for supplying rent-a-cab service is not.....
Tags : AAR West Bengal, Input Tax Credit
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AAR West Bengal: TDS Notification Not Applicable to Exempt Supplies(13.06.2019)
Authority for Advance Rulings (AAR), West Bengal has noted that the Notification on TDS is applicable on exempt supplies. AAR held that when the activ.....
Tags : AAR West Bengal, TDS Notification
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AAR West Bengal: Drainage of Channels and Riverbeds Exempted From GST(14.06.2019)
Authority for Advance Rulings (AAR) West Bengal has noted that the drainage of channels and riverbeds is an exempt supply under the Goods and Services.....
Tags : AAR West Bengal, Riverbed
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KHC Recommends Drive to Check Illegal Vehicles Which Shuttle School Kids in Violation of MV Act(19.06.2019)
Karnataka High Court (KHC) has recommended to the State Government and police authorities to carry out a special drive outside schools, to check on il.....
Tags : KHC, Illegal Vehicles
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Bengaluru Court Passes Interim Injunction Against Google India(20.06.2019)
Bengaluru Court has granted an interim order of injunction against Google India, directing it to refrain from diverting the traffic of the official si.....
Tags : Bengaluru Court, Google India
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ITAT Bangalore Deletes Addition Against Flipkart India(20.06.2019)
Income Tax Appellate Tribunal (ITAT Bangalore) has granted relief to the e-com giants Flipkart India by deleting the additions made by the Income Tax .....
Tags : ITAT Bangalore, Flipkart India
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NGT Raps Councillor for Cutting Trees(02.11.2015)
National Green Tribunal (NGT) has rapped a Municipal Councillor from South Delhi after South Corporation accused him of cutting trees illegally. NGT h.....
Tags : National Green Tribunal, cutting trees illegally
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Calcutta HC Puts Madan Mitra under House Arrest in Saradha Chit Fund Scam(06.11.2015)
Calcutta High Court has ordered that Bengal transport and Sports Minister, Madan Mitra, an accused in the Rs 2,500-crore Saradha Chit Fund scam, to be.....
Tags : Calcutta High Court , Bengal transport and Sports Minister, Madan Mitra, Saradha Chit Fund scam
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NGT Put Stays on Projects near Bellandur Lake(06.11.2015)
National Green Tribunal (NGT) has ordered stay on construction activity around Bellandur lake in east Bengaluru and also sought status quo on eight pr.....
Tags : National Green Tribunal , Bengaluru, Bellandur Lake
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NGT Serves Show Cause Notices to CS and Principal Secretaries of PHE(09.11.2015)
NGT has issued show cause notices to Chief Secretary and Principal Secretaries of Environment and Public Health Engineering (PHE) departments of West .....
Tags : NGT , Chief Secretary and Principal Secretaries of Environment and Public Health Engineering (PHE) departments of West Bengal
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ITAT, Bangalore: Addition Cannot be Made If Gift is Invalid(06.11.2017)
Income Tax Appellate Tribunal, Bangalore has ruled that if the gift is invalid then no addition can be done in respect of the same under the provision.....
Tags : Income Tax Appellate Tribunal, Bangalore
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Supreme Court Raps Kerala Government Over Illegal Apartments(23.09.2019)
Supreme Court has observed that illegal construction in high-tide areas of Kerala led to devastating floods in the State last month, as it slammed the.....
Tags : Supreme Court, Illegal Apartments
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SC: No Govt. Bungalow Can Be Used for Purposes Other Than Residence(24.11.2015)
SC while taking objection to official residences getting converted into memorials for departed political leaders, has ordered, "Henceforth, no memoria.....
Tags : SC , Govt. Bungalow
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Karnataka HC Asks KSLSA to Compensate Father of Deceased Daughter who Died Following Dowry Demand(07.12.2015)
Karnataka HC has directed Karnataka State Legal Services Authority (KSLSA) to take appropriate steps to award suitable compensation payable to father .....
Tags : Karnataka HC, Karnataka State Legal Services Authority
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SC to Centre: Bring Law to Regulate Legal Profession, Cap Lawyers' Fees(06.12.2017)
Supreme Court, while expressing concern over growing commercialization of legal profession with lawyers demanding "astronomical" fees from litigants, .....
Tags : Supreme Court, Legal Profession
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AAR West Bengal:No GST Registration Required for Co-Owner in AoP until Turnover has Reached Threshold(13.11.2019)
Authority of Advance Ruling, West Bengal has ruled that GST Registration is not needed for Co-Owner in Association of Persons until the turnover reach.....
Tags : AAR West Bengal, GST
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Delhi HC Directs Central Govt to Share Names of Ex-MPs and MLAs who are Overstaying in Govt Bungalows(15.11.2019)
Delhi High Court has issued notice to the Central Government to file an affidavit within one week stating names and addresses of all the Ex Members of.....
Tags : Delhi HC, Bungalows
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AAR West Bengal: Supplies to Foreign Going Vessels not Zero-Rated Unless Marked Specifically(21.11.2019)
Authority for Advance Ruling West Bengal has ruled that supply of stores to foreign going vessels, as defined under Section 2(21) of the Customs Act, .....
Tags : AAR West Bengal, Vessels
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Bombay HC Stops Release of Promos of Bengali Film, Based on Sheena Bora Murder Case(18.02.2016)
Bombay High Court has stopped release of promos of an upcoming Bengali film, Dark Chocolate, based on Sheena Bora murder case, after accused Peter Muk.....
Tags : Bombay High Court, Sheena Bora murder case, Bengali Film
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NGT Imposes Rs 50 Cr Fine on 5 Illegal Miners in Saharanpur(19.02.2016)
National Green Tribunal (NGT) has directed five persons involved in illegal mining in Saharanpur area to pay an environmental compensation of Rs 50 cr.....
Tags : National Green Tribunal, Saharanpur , Illegal Miners
read»
Calcutta HC Irks over West Bengal Police(24.02.2016)
Calcutta HC, while hearing a case relating to alleged abduction of an independent councillor of Kandi Municipality, has expressed displeasure at funct.....
Tags : Calcutta HC, West Bengal Police
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Bombay High Court Slams Mumbai Civic Body for Using Illegal Hoarding for Ad(19.02.2018)
Bombay High Court has slammed Municipal Corporation of Greater Mumbai (MCGM) for using a hoarding, which the civic body had itself termed illegal earl.....
Tags : Bombay High Court, Illegal Hoarding
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CESTAT Bangalore: No Service Tax Would be Applicable on VSAT Hire Charges and VSAT Usage Fee(06.01.2020)
Customs Excise and Service Tax Appellate Tribunal, Bangalore has held that Very Small Aperture Terminal equipment Hire Charges and Very Small Aperture.....
Tags : CESTAT Bangalore, VSAT
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AAAR West Bengal: Supply of Printing Trade Advertisement is Service(07.01.2020)
West Bengal Appellate Authority for Advance Ruling has held that printing trade advertisement content provided by the customer and supplying such prin.....
Tags : AAAR West Bengal, Printing Trade
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Bombay HC Slams State for Not Registering Illegal Hoardings Complaints(17.10.2016)
Bombay HC has rapped State for refusing to register complaints against illegal hoardings in Mumbai.
Tags : Bombay HC, illegal hoardings
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Karnataka HC Notices State Government over Illegal Sand Extraction(17.10.2016)
Karnataka High Court has issued notices to State government and three private contractors on a Public Interest Litigation, which complained about alle.....
Tags : Karnataka High Court, illegal sand extraction
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Illegal Hoardings/Flex Boards: Kerala HC Expresses Disappointment Over Authorities(05.10.2018)
High Court of Kerala has expressed deep anguish and dissatisfaction on the failure of authorities in implementing the earlier order of the court on il.....
Tags : Kerela High Court, Illegal Hoardings/Flex Boards
read»
No Fundamental Right to Carry on Liquor Business: Chhattisgarh High Court(05.10.2018)
Chhattisgarh High Court has held that a citizen has no fundamental right to carry-on any trade or business in liquor, however once the State permits t.....
Tags : Kerela High Court, Illegal Hoardings/Flex Boards
read»
Take Action Against Illegal Slaughterhouses: Bombay High Court to Maharashtra Government(11.10.2018)
Bombay High Court has asked authorities to ensure action against illegal slaughterhouses and observed authorities cannot prevent slaughtering of anima.....
Tags : Bombay High Court, Illegal Slaughterhouses
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Patna HC Warns Govt. Doctors of Contempt If Illegal Strike Not Called Off(26.08.2020)
Patna High Court has directed the doctors' associations in the State and each one of the members of these associations, besides other persons discharg.....
Tags : Patna High Court, Illegal Strike of Doctors
read»
Karnataka HC Slams State Over Nomination to Syndicate of Bangalore University(17.01.2017)
Karnataka High Court has expressed its displeasure over State and its bureaucracy for their inaction to take a final decision on certain allegations m.....
Tags : Karnataka High Court, Bangalore University, Syndicate
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Bombay HC: Providing Aid to Rape Survivors is State’s Duty, Not Charity(18.01.2017)
Bombay High Court came down heavily upon State for its “insensitivity” towards survivors of rape and sexual violence and said that Government must not.....
Tags : Bombay High Court, to Rape Survivors, legal aid
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CIVIL - Bombay HC Pulls Up BJP Corporator over Illegal Hoardings(26.02.2019)
Bombay High Court has slammed BJP corporator over violations of its previous orders prohibiting political parties and their members from putting up il.....
Tags : Bombay High Court, Illegal Hoardings
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CRIMINAL - Illegal Arrests are Worst Form of Violation: Madras HC(26.02.2019)
Madras High Court has observed that an illegal arrest is the worst form of violation of the liberty of a person and that is why Courts are repeatedly .....
Tags : Madras High Court, Illegal Arrests
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CIVIL - Officials Turned Blind Eye to Illegal Acts of Builders: SC(01.03.2019)
Supreme Court has blamed Noida and Greater Noida authorities for creating "havoc" in real estate by turning a blind eye to illegal activities of build.....
Tags : Supreme Court, Illegal Activities of Builders
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Karnataka HC Pulls Up BBMP for Not Carrying Out Proper Survey of Illegal Structures(01.02.2021)
Karnataka High Court has pulled up the Bruhat Bengaluru Mahanagara Palike (BBMP) for not properly carrying out a survey to identify illegal religious .....
Tags : Karnataka High Court, Illegal Structures
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Patna HC Directs State to Book Erring Officials in Bhagalpur Road Case(15.02.2017)
Patna High Court has ordered State Government to register a case under Bihar Prevention of Specified Corrupt Practices Act, 1983, against officials co.....
Tags : Patna High Court, Patal Babu Road, Bhagalpur
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Uttarakhand HC Asks State to Calculate Rents of Ex-CM Bungalows(17.02.2017)
Uttarakhand High Court has directed State Government to calculate market rent for period when government bungalows were
occupied by ex-CMs of State a.....
Tags : Uttarakhand High Court, Ex-CM Bungalows
read»
CESTAT: Galvanised Solar Structure to Set Up Solar Power Plants Exempted From Excise Duty(18.05.2022)
Customs, Excise and Service Tax Appellate Tribunal, Delhi has ruled that galvanised solar structures manufactured and cleared for the initial setting .....
Tags : Customs, Excise and Service Tax Appellate Tribunal, galvanized, excise duty
read»
CBIC Allows Export of Goods from Bangladesh to India by Rail in Closed Containers(20.05.2022)
Calcutta High Court has ordered that the daughter of West Bengal Minister, Paresh Chandra Adhikari
should not be allowed to enter the school premises.....
Tags : Calcutta High Court, West Bengal, Teacher Recruitment Scam
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Calcutta HC Restrains WB Minister's Daughter from Continuing as Teacher until Further Orders(20.05.2022)
Calcutta High Court has ordered that the daughter of West Bengal Minister, Paresh Chandra Adhikari
should not be allowed to enter the school premises.....
Tags : Calcutta High Court, West Bengal, Teacher Recruitment Scam
read»
Calcutta High Court Directs State Govt to Pay Dearness Allowance to It’s Employees Within 3 Months(20.05.2022)
Calcutta High Court while upholding the order of the West Bengal Administrative Tribunal has directed the State government to release the Dearness All.....
Tags : Calcutta High Court, West Bengal Administrative Tribunal, Dearness Allowance, West Bengal Services Rule
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Bombay High Court Irks Over Illegal Constructions in Navi Mumbai(15.10.2015)
Bombay High Court has irked over increasing number of illegal constructions in Navi Mumbai and said builders responsible for it have to be taken to ta.....
Tags : Bombay High Court , Illegal Constructions
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Uttarakhand High Court Rejects Review Pleas of Former CMs on Overstay in Official Bungalows(08.08.2019)
Uttarakhand High Court has rejected the pleas of former chief ministers Bhagat Singh Koshiyari and Vijay Bahuguna seeking review of its order to the S.....
Tags : Uttarakhand High Court, Official Bungalows
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Karnataka HC Rejects PIL Questioning Legality of Pension Paid to SECs(15.07.2021)
Karnataka High Court has rejected a Public Interest Litigation petition questioning the legality of payment of pension to the State Information Commis.....
Tags : Karnataka High Court, Legality of Pension Paid to SECs
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Delhi HC Directs Centre to Share Memorandum on Deportation of Illegal Migrants(16.07.2021)
Delhi High Court has directed the Centre to share in a sealed cover its office memorandum pertaining to the deportation of illegal migrants from Bangl.....
Tags : Delhi High Court, Deportation of Illegal Migrants
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SC to States: Examine Socio Economic Reasons Behind Demand for Illegal Arms(17.05.2023)
Supreme Court in a suo motu case has directed State Governments and Union Territories to file their response as to why is there a demand for such kind.....
Tags : Supreme Court, Socio-Economic Reasons, Illegal Arms
read»
Govt. Bungalows Allotted to Former CMs Should Be Vacated Within 1 Month: MP HC(27.06.2018)
Madhya Pradesh High Court has directed the State Government to have the bungalows allotted to former Chief Ministers vacated within a month.
Tags : Madhya Pradesh High Court, Bungalows
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Deduct Re 1 Per Day from Salaries of Top State Officials: Bombay High Court(06.07.2018)
Bombay High Court has directed state government to deduct Re 1 per day from the salaries of Chief Secretary, Principal Secretaries of Urban Developmen.....
Tags : Bombay High Court, Illegal Religious Structures
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Bombay HC Directs State & BMC to File Reply in Plea Against Illegal Quarantine(01.05.2020)
Bombay High Court has directed the State Government and the Brihanmumbai Municipal Corporation (BMC) to submit their reply to a habeas corpus Petition.....
Tags : Bombay High Court, Illegal Quarantine
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Orissa HC: Writ Court Cannot Exercise Jurisdiction to Pronounce on Legal Right of Person(15.04.2022)
Orissa High Court has held that a writ Court like High Court cannot exercise its jurisdiction to pronounce on a legal right of a person to receive com.....
Tags : Orissa High Court, Writ Court, Legal Right of Person
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Madras HC: In Criminal Proceedings, Legal Heirs of Original Complainant Can Continue Proceedings(15.04.2022)
Madras High Court has observed that in criminal proceedings, the legal heirs of the original complainant can apply for continuation of proceedings aga.....
Tags : Madras High Court, Legal Heirs, Continuation of Proceedings
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Calcutta HC: Arbitration Agreement Not Discharged By Death of Party and Is Enforceable(18.04.2022)
Calcutta High Court has observed that an arbitration agreement will not be discharged by the death of a party and it will be enforceable by or against.....
Tags : Calcutta High Court, arbitration agreement, legal representatives
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Delhi HC: Denial of Conjugal Relationship Ground for Divorce But Not Exceptional Hardship(19.04.2022)
Delhi High Court has observed that although denial of conjugal relationship is a ground for divorce and equivalent to cruelty, the same cannot be said.....
Tags : Delhi High Court, conjugal relationship, divorce, cruelty, Section 14 of the Hindu Marriage Act 1955
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Supreme Court Sets Aside Calcutta HC's Total Ban of Firecrackers in West Bengal(02.11.2021)
Supreme Court has set aside the order of the Calcutta High Court which imposed a complete ban of use of firecrackers in the State of West Bengal.
Tags : Supreme Court, Total Ban of Firecrackers in West Bengal
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Madras HC: Long Cohabitation Will Not Confer Any Legal Right to Raise Matrimonial Dispute(08.11.2021)
Madras High Court has observed that long cohabitation or living together will not confer upon the parties any legal right to raise a matrimonial dispu.....
Tags : Madras High Court, Legal Right to Raise Matrimonial Dispute
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All. HC: Legal Heirs Entitled to Benefit After Death of Govt. Employee, Nominee Merely a Custodian(15.01.2024)
Allahabad High Court has held that Nominee of a Government employee is just a guardian and the legal heirs of the employee shall be entitled to the be.....
Tags : Allahabad High Court, Government Employee, Nominee, Legal Heirs
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Del. HC: Individual Changing Religion to get Married Needs to be Informed about Legal Consequences(22.01.2024)
Delhi High Court has held that an individual who changes his/her religion in order to get married should be fully informed about the legal consequence.....
Tags : Delhi High Court, Legal Consequences
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Allahabad HC: Chief Justice to Assign PIL Against Mayawati's Bungalow(10.02.2016)
Allahabad High Court has directed that plea against merger and allotment of bungalows to Ex-Chief Minister Mayawati be placed before Chief Justice D Y.....
Tags : Allahabad HC, Mayawati's Bungalow
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Supreme Court: Monitoring Panel Does Not Mean Other Agencies Will Not Work(01.02.2018)
Supreme Court has said that the mandate given to its monitoring committee to oversee the implementation of laws relating to sealing of illegal premise.....
Tags : Supreme Court, Illegal Premises
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Mad. HC: Law must be Potent Enough to Operate Against the People in Power(30.11.2023)
Madras High Court while dealing with a case relating to illegal quarrying has stated that the law must be potent enough to operate against the people .....
Tags : Madras High Court, Law, Illegal Quarrying
read»
Kerala HC Directs CRPF to Take Over Kothamangalam Marthoman Cheriyapalli Church(09.12.2020)
Kerala High Court has directed the Central Reserve Police Force to take over the Kothamangalam Marthoman Cheriyapalli Church, which is embroiled in th.....
Tags : Kerala High Court, Kothamangalam Marthoman Cheriyapalli Church
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Karnataka High Court Grants Bail to Sanjjanaa Galrani in Sandalwood Drug Case(14.12.2020)
Karnataka High Court has granted bail to Kannada film actor Sanjjanaa Galrani, who has been in custody in the infamous Sandalwood drug case, on medica.....
Tags : Karnataka High Court, Sanjjanaa Galrani
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SC to SLSAs: Form Scheme for Empanelment of Paralegals in Police Station(20.09.2022)
Supreme Court has directed the State Legal Services Authorities (SLSA) to form a scheme for empanelment of paralegals in police station for dealing wi.....
Tags : Supreme Court, POCSO, Paralegal, Scheme
read»
SC Stays Deportation of Woman Declared as Illegal Migrant, Notes Family Members Are Included in NRC(26.09.2022)
Supreme Court while staying deportation of woman declared as illegal migrant, has issued notice in petition impugning order of Guwahati High Court whi.....
Tags : Supreme Court, Deportation, Illegal Migrant
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Del. HC: Wife Entitled to Maintenance Even When Decree of Restitution of Conjugal Rights Against Her(26.09.2022)
Delhi High Court has held that mere presence of a decree of restitution of conjugal rights against the wife does not disentitle her from claiming main.....
Tags : Delhi High Court, Conjugal Rights, Maintenance
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Calcutta High Court Holds West Bengal Govt's 'Duare Ration Scheme' to be Illegal(29.09.2022)
Calcutta High Court has held that West Bengal 'Duare Ration Scheme' under which the State government delivers foodgrains through the public distributi.....
Tags : Calcutta High Court, Duare Ration Scheme, Illegal
read»
Calcutta HC Grants Anticipatory Bail to Youth Leader iIn Case of Alleged Violence During Protest(20.04.2022)
Calcutta High Court has granted anticipatory bail to prominent youth leader and president of West Bengal Demorcatic Youth Federation of India, Meenaks.....
Tags : Calcutta High Court, anticipatory bail, youth leader, West Bengal Demorcatic Youth Federation of India, Meenakshi Mukherjee, Anis Khan, violence
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Calcutta HC Grants Anticipatory Bail to Youth Leader iIn Case of Alleged Violence During Protest(20.04.2022)
Calcutta High Court has granted anticipatory bail to prominent youth leader and president of West Bengal Democratic Youth Federation of India, Meenaks.....
Tags : Calcutta High Court, anticipatory bail, youth leader, West Bengal Demorcatic Youth Federation of India, Meenakshi Mukherjee, Anis Khan, violence
read»
P&H HC Marks Inquiry Into Allegations of Illegal Detention and Custodial Torture of Shiv Kumar(17.03.2021)
Punjab and Haryana High Court has marked an inquiry into allegations of illegal detention and custodial torture of labour rights activist Shiv Kumar, .....
Tags : Punjab and Haryana High Court, Illegal Detention and Custodial Torture of Shiv Kumar
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SC Restrains Suo Moto Case on COVID Vaccination Priority for Legal Fraternity(18.03.2021)
Supreme Court has restrained the Delhi High Court from proceeding with the suo moto case taken by it to consider including legal fraternity in the pri.....
Tags : Supreme Court, COVID Vaccination Priority for Legal Fraternity
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P&H HC Issues Notice on Plea Seeking Enforcement of Prisoner’s Conjugal Rights(19.03.2021)
Punjab & Haryana High Court has issued notice to the State of Haryana seeking response of the State regarding enforcement of rights to have matrimonia.....
Tags : Punjab and Haryana High Court, Enforcement of Prisoner’s Conjugal Rights
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SC Refuses To Vacate Stay On Restoration Of Criminal Case Against Former Karnataka CM Yediyurappa(24.01.2023)
Supreme Court has dismissed an application seeking to vacate an earlier order of the Court that stayed the restoration of a criminal case against form.....
Tags : Supreme Court, Karnataka Chief Minister, illegal, de-notification
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Mad. HC: Pre-Institution Mediation Is Pre-Suit Legal Drill, Can’t Be Post Suit Exercise(24.01.2023)
Madras High Court has highlighted that “pre-institution mediation” mandated under Section 12A of the Commercial Courts Act, 2015 is a pre-suit legal d.....
Tags : Madras High Court, Section 12A, legal drill
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Kar. HC to State: Ensure Compliance of Order Restricting Protests & Processions to Freedom Park(02.08.2022)
Karnataka High Court has directed State government to ensure compliance of the Licensing and Regulation of Protests, Demonstrations and Protest Marche.....
Tags : Karnataka High Court, Freedom Park, Bengaluru, Protests
read»
Supreme Court: Poll Violence Common in West Bengal, Irrespective of Ruling Party(23.05.2019)
Supreme Court has observed that poll time violence was common in Bengal irrespective of whichever party was at the helm, while granting relief from ar.....
Tags : Supreme Court, West Bengal
read»
National Green Tribunal Directs Inspection of Banquet Halls in West Delhi(27.05.2019)
National Green Tribunal has directs fresh inspection of banquet halls in West Delhi and sought a report after a plea alleged that they were operating .....
Tags : National Green Tribunal, West Bengal
read»
Madras HC: Can’t Reduce Legal Professional to a Contract Worker(06.03.2023)
Madras High Court while criticizing State for its Orders determining ceiling limit of fees payable to advocates appearing on behalf of Government, obs.....
Tags : Madras High Court, Legal Professional, Contract Worker
read»
Ker. HC Directs Implementation of Procedure for Impleading Legal Heirs of Deceased Parties(30.01.2023)
Kerala High Court while ordering for the implementation of the Division Bench order in State of Kerala v. Govindan, has directed for the implementatio.....
Tags : Kerala High Court, Legal Heirs, Deceased Parties
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Madras HC: Tahsildars Authorized to Issue Legal Heirship Certificates to Class II Heirs(16.12.2016)
Madras High Court has held that Tahsildars can issue legal heirship certificates to Class II legal heirs, such as brothers and sisters.
Tags : Madras High Court, Legal Heirship Certificates , Tahsildars
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NGT Orders Seizure of Repeated Offenders Vehicle in Narmada Illegal Sand Mining(16.12.2016)
National Green Tribunal (NGT) has ordered to seize vehicles of repeated offenders in illegal sand mining on Narmada river bed and take action against .....
Tags : National Green Tribunal, Narmada river, Illegal Sand Mining
read»
Calcutta HC Takes Suo Moto Cognizance of Illegal Smuggling & Trading of Endangered Birds(07.12.2020)
Calcutta High Court has taken suo moto cognizance of the illegal smuggling and trading of endangered species of birds in the State.
Tags : Calcutta High Court, Illegal Smuggling & Trading of Endangered Birds
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Karnataka HC Directs Holding of Elections in Bengaluru Civic Body Expeditiously(07.12.2020)
Karnataka High Court has directed the State Election Commission to hold elections of Bruhat Bengaluru Mahanagara Palike (BBMP), as expeditiously as po.....
Tags : Karnataka High Court, Elections in Bengaluru Civic Body
read»
Delhi HC: Duty of LSA to Ensure Opportunities to Secure Justice Are Not Denied to Any Individual(14.07.2022)
Delhi High Court has held that it is the duty of Legal Services Authorities (LSA) to ensure that opportunities to secure justice are not denied to any.....
Tags : Delhi High Court, Legal Service Authority, Justice
read»
MP HC: Burden Lies Upon Prosecution to Prove First Marriage & Legality of Second Marriage(15.07.2022)
Madhya Pradesh High Court has held that in a prosecution for matrimonial offences, the burden of proof lies upon the prosecution to prove the first ma.....
Tags : Madhya Pradesh High Court, Marriage, Legality
read»
Patna HC to Chancellors: Decide Representation Against Illegal Appointment/Financial Irregularities(13.09.2022)
Patna High Court has directed the Chancellor of Universities of Bihar to decide a representation against alleged illegal appointments and financial ir.....
Tags : Patna High Court, Chancellors, Illegal Appointment
read»
Karnataka HC Directs Haveri Deputy Commissioner to Act Against Alleged Illegal Slaughter Houses(16.09.2022)
Karnataka High Court has directed the Deputy Commissioner of Haveri district to expeditiously take action on the representation made to it about alleg.....
Tags : Karnataka High Court, Illegal, Slaughter Houses
read»
Delhi HC Bars 83 Websites From Streaming or Downloading Dangal’s Songs(21.12.2016)
Delhi High Court has barred 83 websites from playing or downloading songs of Aamir Khan-starrer Dangal, besides over 280 other films.
Tags : Delhi High Court, Dangal, Songs, downloading
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Madras HC Stays Tamil Nadu Government Decision to Gift Rs. 1000 to Ration Card Holders(10.01.2019)
Madras High Court has stayed a scheme under which Rs. 1,000 cash was to be distributed as Pongal gift to all ration card holders in the state.
Tags : Madras High Court, Pongal Gift
read»
Patna HC Issues Notices to All Former Bihar CMs on Allotment of Official Bungalows for Life(10.01.2019)
Patna High Court has issued notices to Bihar Government and all former chief ministers, as well as incumbent Nitish Kumar, for being allotted official.....
Tags : Patna High Court, Bihar Chief Minister, Allotment of Official Bungalows for Life
read»
Bengaluru Court Directs Social Media to Take Down Photo Against Justice Surya Kant & Pardiwala(13.07.2022)
Bengaluru Court has directed social media platforms Twitter, Facebook, Linkedin, Instagram and Whatsapp to take down a widely circulated photograph wh.....
Tags : Bengaluru Court, Social Media, Defamatory Claims
read»
ITAT, Bangalore: Payments in Foreign Currency For Travel Etc. Excludable From Export, Total Turnover(18.05.2017)
ITAT, Bangalore has held that payments made in foreign currency towards foreign travel, telecommunication expenses & ex-pat salary are excludable from.....
Tags : ITAT, Bangalore, Export, Total Turnover
read»
NGT: Act Immediately Against Those Indulged in River Son Illegal Sand Mining(22.05.2017)
National Green Tribunal has directed District Collectors of Umaria and Shahdol of Madhya Pradesh to take immediate action against persons indulged in .....
Tags : National Green Tribunal, illegal sand mining
read»
Delhi High Court Raps Authorities for Illegal Parking(29.05.2019)
Delhi High Court has ordered the traffic police, municipal corporations and other stakeholders to ensure that vehicles are not parked on pavements and.....
Tags : Delhi High Court, Illegal Parking
read»
Allahabad HC: HC May Grant Habeas Corpus Writ Only for Children Detained in Illegal Custody(01.02.2022)
Allahabad High Court has observed that the power of the High Court in granting a writ of Habeas Corpus in child custody matters may be invoked only in.....
Tags : Allahabad High Court, Children Detained in Illegal Custody
read»
Gauhati HC: Non-Substitution of Legal Representatives of Parties Under Order XXII CPC(01.02.2022)
Gauhati High Court has held that non-substitution of some of the legal representatives of the parties under Order XXII of the Code of Civil Procedure,.....
Tags : Gauhati High Court, Non-Substitution of Legal Representatives
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SC: Legal Representatives Not Responsible to Discharge Contractual Obligations of Deceased(04.03.2024)
Supreme Court has held that in the case of a personal obligation imposed on deceased, his estate doesn’t become liable and therefore, the legal repres.....
Tags : Supreme Court, Legal Representatives, Contractual Obligations
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RBI: Rs. 2000 Notes Withdrawn from Circulation; Will Continue as Legal Tender(22.05.2023)
Reserve Bank of India in pursuance of its Clean Note Policy has announced the withdrawal of Rs. 2000 banknotes from circulation. The notes to be conti.....
Tags : Reserve Bank of India, Clean Note Policy, Rs. 2000, Legal Tender
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Del HC: Person Exercising Right Has Duty Not to Act in Ways Leading to Violation of Others' Rights(12.08.2022)
Delhi High Court while observing that vindicating of any personal grievance by violent means has to be rejected at threshold held that person exercisi.....
Tags : Delhi High Court, Legal Right, Violent Means
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ITAT: Liquor License Obtained in The Name of Benami/Employee is Illegal(17.08.2022)
Income Tax Appellate Tribunal (ITAT), Delhi Bench while disallowing claim of business expenditure towards payment of license fee has held that assesse.....
Tags : ITAT, License Fees, Illegal, Deduction
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Bom. HC Restrains Regal Footwear from Using 'Regal' Trademark(06.01.2023)
Bombay High Court has temporarily restrained Pune’s Regal Footwear from using the mark ‘Regal’ in a trademark infringement suit filed by owners of Mum.....
Tags : Bombay High Court, Trademark, Regal, Footwear
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Delhi HC Acquits Man Who Faced Trial Without Any Legal Aid(09.01.2023)
Delhi High Court while acquitting a man as the trial was vitiated due to non-assistance of accused by legal aid counsel, has observed that it a classi.....
Tags : Delhi High Court, Legal Aid, Acquit, Justice
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Bombay HC Orders Release of Ex- ICICI Bank CEO Chanda Kochhar in Loan Fraud Case(09.01.2023)
Bombay High Court has ordered the release of former ICICI bank CEO and MD Chanda Kochhar and her husband Deepak Kochhar in a petition alleging illegal.....
Tags : Bombay High Court, Chanda Kochhar, Illegal Arrest, Loan Fraud Case
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Delhi HC to BCI: Legal Profession Will Become Outdated if LLB Courses Not Re-Structured(12.01.2023)
Delhi High Court has told Bar Council of India (BCI) to reconsider existing structure of LLB courses in order to increase diversity of knowledge in th.....
Tags : Delhi High Court, LLB Courses, Legal Profession, Outdated, Diversity
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Madras HC Issues Directions to Ensure Safety of Birds During Cockfights(13.01.2023)
Madras High Court has issued a set of directions to be followed while conducting cockfights in connection with Pongal festival at an event in Valakkan.....
Tags : Madras High Court, Cockfight, Pongal
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SC: Court Can’t Impose Bail Condition that Husband Must Resume Conjugal Life with Wife(08.12.2023)
Supreme Court has held that the High Court while granting an anticipatory bail should not impose a condition that the husband (accused under Section 4.....
Tags : Supreme Court, Section 498A, Conjugal Life, Bail
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Karnataka HC Issues Notice on PIL on Handing Over of Mangaluru International Airport(03.02.2021)
Karnataka High Court has issued notice to the Ministry of Civil Aviation on a Public Interest Litigation petition questioning the process of handing o.....
Tags : Karnataka High Court, Mangaluru International Airport
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Bengaluru Court Orders Blocking of INC & Bharat Jodo’s Twitter for Unauthorised Use of KGF-2's Music(08.11.2022)
Bengaluru Civil Court has directed Twitter to temporarily block accounts of Indian National Congress and Bharat Jodo after MRT Music accused party of .....
Tags : Bengaluru Civil Court, Twitter Handle, Copyright
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Karnataka High Court Directs State to Prevent Illegal Slaughtering of Animals(02.12.2021)
Karnataka High Court has directed the state government to ensure that no illegal slaughtering of animals is carried out in any district of the state a.....
Tags : Karnataka High Court, Illegal Slaughtering of Animals
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Kar. HC: Rule of Locus Standi to be Construed Liberally in Matters of Illegal Grant of State Largess(23.01.2024)
Karnataka High Court has held that rule of locus standi should be construed liberally in matters that are related to illegal grant of State largess wh.....
Tags : Karnataka High Court, Locus Standi, Illegal Grant, State Largess
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All. HC: Habeas Corpus Writ by Husband to Regain Wife not Available When Other Remedies Present(23.01.2024)
Allahabad High Court while observing that other remedies related to restitution of conjugal rights are available, has held that the emergency of a wri.....
Tags : Allahabad High Court, Habeas Corpus, Conjugal Rights
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Raj HC: Lok Adalat Doesn’t Have Jurisdiction to Adjudicate Disputes of Mobile Tower Installation(29.01.2024)
Rajasthan High Court has held that Permanent Lok Adalat has no jurisdiction to adjudicate matters related to Installation of Mobile Towers as the same.....
Tags : Rajasthan High Court, Permanent Lok Adalat, Mobile Tower Installation, Section 22A(b) of Legal Services Authorities Act
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Supreme Court Confirms Air India Engineer Union Head's Termination in Mangalore Crash Case(28.09.2015)
SC has confirmed Air India's decision to terminate from service General Secretary of an Employees' Union, for calling a strike 3 days after crash of a.....
Tags : Supreme Court ,Mangalore Crash Case ,Air India
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Madras High Court Pulls Up Authority on Illegal Constructions in Kodaikanal(20.08.2019)
Madras High Court has observed that Kodaikanal has already become a concrete jungle and has passed directions for conserving the ecology of the well k.....
Tags : Madras High Court, Illegal Constructions
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Supreme Court: Court Cannot be Used as Means by Any Person to Perpetuate Illegality(22.08.2019)
Supreme Court has observed that the Court cannot be used as a tool by a litigant to perpetuate illegality and observed that a person who has liability.....
Tags : Supreme Court, Illegality
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Orissa High Court Directs Immediate Satellite Proofing of Illegal Aquaculture(30.07.2021)
Orissa High Court has directed the immediate satellite proofing of illegal aquaculture, which is considered detrimental to wetland ecosystem, being ta.....
Tags : Orissa High Court, Immediate Satellite Proofing of Illegal Aquaculture
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Delhi HC Enquires Government in Plea Against Illegal Laboratories in National Capital(02.08.2021)
Delhi High Court has asked the Delhi Government if it has complied with the 2017 directions of the Supreme Court, setting out the desired qualificatio.....
Tags : Delhi High Court, Illegal Laboratories in National Capital
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Delhi High Court: Corporations Must Pay for Land in Illegal Colonies(20.09.2019)
Delhi High Court has ruled that municipal corporations couldn’t take over private parcels of land for public projects just because the plots were in a.....
Tags : Delhi High Court, Illegal Colonies
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Stockholm Chamber of Commerce Launches New Tool for Parties to Receive Legal Assessment of Dispute(06.08.2021)
Arbitration Institute of the Stockholm Chamber of Commerce has launched the “SCC Express,” a new tool in which parties can receive a legal assessment .....
Tags : Stockholm Chamber of Commerce, New Tool for Parties to Receive Legal Assessment of Dispute
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SC Directs NOIDA to Pay Compensation to Land Owner Who Was Dispossessed Illegally(09.08.2021)
Supreme Court has directed New Okhla Industrial Development Authority (NOIDA) to pay compensation to aggrieved land-owners who were dispossessed of th.....
Tags : Supreme Court, Compensation to Land Owner Who Was Dispossessed Illegally
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Cal. HC: Vigilant Monitoring Required to Prevent Illegal Manufacture of Packaged Drinking Water(02.08.2023)
Calcutta High Court while observing that vigilant monitoring over all packaged drinking water manufacturers is required to prevent illegal manufacturi.....
Tags : Calcutta High Court, Packaged Drinking Water, Illegal Manufacturing
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Meghalaya HC Pulls State Government for Aiding Illegal Coal Mining(03.02.2023)
Meghalaya High Court has rapped State Government for its inaction against illegal coke plants functioning in the state and observed that it is a matte.....
Tags : Meghalaya High Court, Illegal, Coal Mining
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Supreme Court Directs Joint Monitoring Team to Submit Report on Alleged Contempt by Karnataka(24.02.2021)
Supreme Court has directed the Joint monitoring team to submit report on issues in contempt plea filed by State of Goa with alleging illegal diversion.....
Tags : Supreme Court, Alleged Contempt by Karnataka, Illegal Diversion of Mahadayi River
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Kerala HC: State Government Well Equipped to Decide Legality of Panchayat Decisions(06.12.2022)
Kerala High Court has held that Section 191 of Kerala Panchayat Raj Act, 1994 is an efficacious, alternate statutory remedy against any decisions take.....
Tags : Kerala High Court, Panchayat Raj Act, Legality
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Mangaluru Court Directs Police to Pay ?5 Lakh for Falsely Implicating Man in POCSO Case(08.12.2022)
Mangaluru Special Court has directed two-woman police sub-inspectors of the Mangaluru Women police station to pay Rs 5 lakh compensation to an accused.....
Tags : Mangaluru Special Court, POCSO, Compensation
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SC: Order for Visitation Right/Temporary Child Custody Can’t Be Passed in Proceedings U/S 9 of HMA(13.12.2022)
Supreme Court has held that orders giving visitation rights or temporary child custody cannot be passed in a proceeding under Section 9 of the Hindu M.....
Tags : Supreme Court, Child Custody, Restitution of Conjugal Rights
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NCPCR Takes Cognizance, Seeks Action Taken Report from WB Govt.(05.05.2021)
National Commission for Protection of Child Rights (NCPCR) has written to the Home Secretary of West Bengal raising concerns over post-poll violence i.....
Tags : National Commission for Protection of Child Rights, Post-Poll Violence in West Bengal
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Calcutta HC Declines to Interfere in Plea Moved Against Chairman of Bar Council of West Bengal(31.08.2021)
Calcutta High Court has declined to interfere in a plea moved against the Chairman of the Bar Council of West Bengal over the recent letter addressed .....
Tags : Calcutta High Court, Plea Moved Against Chairman of Bar Council of West Bengal
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Karnataka HC Directs KSLSA to Conduct Survey on Condition of Public Toilets in Bengaluru City(01.09.2021)
Karnataka High Court has directed the Karnataka State Legal Services Authority (KSLSA) to conduct a survey of public toilets in Bengaluru city so as t.....
Tags : Karnataka High Court, Condition of Public Toilets in Bengaluru City
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Kerala HC Directs SIT Probe in Cases Related to Illegal Felling and Removal of Trees(02.09.2021)
Kerala High Court has directed the special investigation team (SIT) probing the cases relating to the illegal felling and removal of valuable trees fr.....
Tags : Kerala High Court, Illegal Felling and Removal of Trees
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HP HC: Gallantry Medals Should be Conferred Only at Republic/Independence Day Functions(06.09.2021)
Himachal Pradesh High Court has observed that to ensure that the acts of bravery remains enlivened, the gallantry awards should be conferred only at R.....
Tags : Himachal Pradesh High Court, Gallantry Medals
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Bengaluru Court Directs Former Prime Minister HD Devegowda to Pay Damages in Defamation Suit(23.06.2021)
City Civil and Session Court, Bengaluru has directed former Prime Minister HD Devegowda to pay Rs. 2 crore as damages to the Nandi Infrastructure Corr.....
Tags : City Civil and Session Court, Bengaluru, Former Prime Minister HD Devegowda
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HP HC Constitutes Inquiry Committee for Verification of Allegations of Illegal Tree Felling(29.06.2023)
Himachal Pradesh High Court has constituted an inquiry committee headed by Chief Justice M.S Ramachandra Rao and Justice Ajay Mohan Goel to address th.....
Tags : Himachal Pradesh High Court, Inquiry Committee, Illegal Tree Felling
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HP HC Orders Action Against Officials Who Failed to Prevent Illegal Dumping of Muck in Forest Areas(06.07.2023)
Himachal Pradesh High Court has ordered disciplinary action against government officials for their failure to prevent the illegal dumping of muck in f.....
Tags : Himachal Pradesh High Court, Illegal Dumping, Forest, Disciplinary Action, Officials
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Karnataka High Court Directs Bengaluru Civic Agency to Remove Illegal Banners and Hoardings(10.08.2018)
Karnataka High Court has rapped the Bruhat Bengaluru Mahanagar Palike on August 1 and asked the civic agency to remove all illegal flex boards.
Tags : Karnataka High Court, Bengaluru Civic Agency
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Commercial Court, Bengaluru Confirms Ex-Parte Temporary Injunction Against ACC Steel(18.01.2022)
Commercial Court, Bengaluru has confirmed the ex-parte temporary injunction issued in 2020 restraining ACC Steel Pvt. Ltd., from using the marks ACC, .....
Tags : Commercial Court, Bengaluru, Temporary Injunction Against ACC Steel
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Delhi HC Issues Notice on Plea Filed Against Illegal Encroachment of Government Land(18.01.2022)
Delhi High Court has issued notice on a petition filed against alleged illegal encroachment of government land and misappropriation of funds by Adesh .....
Tags : Delhi High Court, Illegal Encroachment of Government Land
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Karnataka HC Directs State to Ensure Release of Amount to Karnataka State Legal Services Authority(25.01.2022)
Karnataka High Court has directed the State Government to ensure the release of Rs. 7 crore to the Karnataka State Legal Services Authority at the ear.....
Tags : Karnataka High Court, Karnataka State Legal Services Authority
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Kerala High Court Grants More Time To State To Frame Comprehensive Policy On Illegal Flag Masts(28.01.2022)
Kerala High Court has granted three more weeks’ time to the State government to draw up a comprehensive policy to deal with the menace of illegal flag.....
Tags : Kerala High Court, Illegal Flag Posts, State Policy
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J&K&L HC Rejects PIL Seeking Prohibition on Illegal Practice of Slaughtering of Animals(21.02.2022)
Jammu and Kashmir and Ladakh High Court has rejected a Public Interest Litigation (PIL) plea seeking prohibition on the illegal practice of slaughteri.....
Tags : Jammu and Kashmir and Ladakh High Court, Illegal Practice of Slaughtering of Animals
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Delhi HC Issues Notice on PIL Over Illegal Constructions And Encroachments In Okhla Industrial Area(23.02.2022)
Delhi High Court has issued notice on a suo moto public interest litigation registered over the issue of illegal constructions and encroachments of pu.....
Tags : Delhi High Court, Illegal Constructions And Encroachments
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Judgments
Public property cannot be disposed of in favour of any one without adequate consideration(01.08.2016)
Instant public interest litigation filed raising a significant issue pertaining to government bungalows occupied by former Chief Ministers of the Stat.....
Tags : Government bungalows, Possession
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Appointment cannot be treated as final when terms and conditions mentioned therein not fulfilled(12.08.2016)
Appellant was appointed as "Chemical Examiner Grade-I" in Customs and Central Excise Department, subject to fulfilling terms and conditions mentioned .....
Tags : Appointment, Conditions therein, Termination, Legality
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No right ensure in favour of occupants on a public property, when no formal lease deed executed and permission not obtained from State Government(07.10.2016)
Appellant is aggrieved by direction of High Court to the Collector. Respondent No. 1 had filed a Writ Petition as Public Interest Litigation for issua.....
Tags : Illegal Encroachment, Removal, Direction
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Decree for restitution of conjugal rights enforces cohabitation but it does not and cannot enforce sexual intercourse(07.10.2016)
Parties to present appeal got married on February 17, 1993 at Kanpur (Uttar Pradesh) according to Hindu Rites and Ceremonies. Respondent/husband has f.....
Tags : Conjugal rights, Restitution, Divorce
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Public servant facing charge of criminal misconduct is not liable to furnish any explanation in absence of proof of the allegation(09.08.2017)
Appellant seeks to overturn judgment rendered by High Court thereby affirming his conviction passed by Trial Court under Section 13(1)(e) read with Se.....
Tags : Conviction, Legality, Proof, Burden
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It is not necessary to go into the merits of the case at the stage of framing the charge(07.08.2017)
By present revision, under Section 397 of Code of Criminal Procedure, 1973, Petitioner/State of Goa has challenged the legality of impugned order of d.....
Tags : Insult, Caste, Discharge, Legality
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Testimony of an injured accused and his deposition has to be relied upon(04.08.2017)
In the facts of present case, Appellant has been charged under Section 307/34 of Indian Penal Code, 1860 (IPC) for causing gunshot injury to PW-2 by a.....
Tags : Conviction, Legality, Evidence, Credibility
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Proposed externee is entitled, before an order of externment is passed under Section 56 of Bombay Police Act, 1951, to know material allegations against him(02.08.2017)
Present Petition is filed with prayer that, externment order passed by Respondent No. 3 - Sub-Divisional Magistrate, and order passed by Divisional Co.....
Tags : Externment order, Initiation, Legality
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If a person is put to officiate on a higher post with greater responsibilities, he is entitled to salary of that post(05.09.2017)
The present appeal, by special leave, calls in question the legal acceptability of the order passed by the High Court whereby the Division Bench placi.....
Tags : Officiating position, Benefit, Legality
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Heirs of complainant can continue the prosecution(03.11.2017)
Instant appeal has been filed against the judgment of the High Court allowing an application filed by the legal representatives of Petitioner. Chandra.....
Tags : Complaint, Prosecution, Legal heirs
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When there are strong circumstances proving the guilty, absence of evidence on motive cannot be a circumstance for discarding the evidence(20.11.2017)
The Appellant is convicted for the offence punishable under Section 302 of Indian Penal Code, 1860 (IPC) and he is sentenced to suffer imprisonment fo.....
Tags : Conviction, Legality, Circumstantial Evidence
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Mere presence of a knife on Appellant cannot impute pre-meditation on his part(23.12.2017)
The Appellant has impugned the judgment and the order on sentence passed by learned Additional Sessions Judge, whereby he has been convicted for commi.....
Tags : Conviction, Legality, Offence, Nature
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Presumption under Section 306 of IPC operates only when there was cruelty or harassment, soon before committal of suicide(05.01.2017)
The Appellant had been convicted for the offences under Sections 302 read with 34, 304-B, 306 and 498 A of the Indian Penal Code, 1860 (IPC). The Firs.....
Tags : Cruelty, Conviction, Legality
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Reputation of public servant cannot be termed as doubtful and his conduct cannot be determined only on spoken words in absence of any material on record(26.12.2017)
The entire gamut of the controversy raised in instant petition revolves round the plea whether the Order bearing No. 480-GAD of 2005 dated 26th April .....
Tags : Notice, Retirement, Legality
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Gravity of crime, motive for crime, nature of crime and all other attending circumstances have to be borne in mind while imposing sentence(01.08.2018)
Judgment passed by the High Court of Judicature at Rajasthan is questioned in present appeal by the State with the prayer for enhancement of sentence......
Tags : Sentence, Reduction, Legality
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Clandestine removal allegations cannot be upheld on basis of sole statement of one of employees, unless same are corroborated by other independent evidences(24.08.2018)
The Appellant's factory is engaged in the manufacture of Aluminium Profiles (hollow) of various sizes and specifications, was visited by the Central E.....
Tags : Demand, Penalty, Legality
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Confessional statements solely in absence of any cogent evidences cannot make foundation for levying excise duty on ground of evasion of tax(31.07.2018)
The brief facts of the case are that, the Appellant were engaged in the manufacture of Pan Masala and Pan Masala containing tobacco (Gutkha). Appellan.....
Tags : Demand, Penalty, Legality
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Consumption of liquor beyond a safe limit disqualifies the insured from getting benefits of insurance policy(04.09.2018)
The complainant/Respondent owned a vehicle which he had got insured with the Petitioner Company. The vehicle having met with an accident, on 4th Decem.....
Tags : Compensation, Grant, Legality
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Once factum of existence of legal necessity stood proved, no co-coparcener (son) has a right to challenge sale made by Karta of his family(20.08.2018)
Present appeal is filed by the legal representatives of the original Plaintiff against the final judgment passed by the High Court. By impugned order,.....
Tags : Sale, Legal necessity, Proof
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Dying declaration cannot be rejected on hyper technicalities; if it is trustworthy, conviction can be based solely on dying declaration, without any necessity of corroboration(14.08.2018)
By present appeal, the Appellant has challenged judgment passed by the trial Court, whereby she has been convicted under Section 304 Part I of the Ind.....
Tags : Conviction, Legality, Dying declaration
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Departmental inquiry can continue despite acquittal of delinquent in a criminal case(18.08.2018)
The present writ petition has been filed for quashing the order issued by the District & Sessions Judge, whereby and whereunder, the Petitioner has be.....
Tags : Disciplinary proceedings, Inquiry, Legality
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Waiver of imprisonment in lieu of payment of additional compensation is permissible, though under exceptional circumstances(10.10.2018)
In present matter, the original complainant instituted a complaint under Section 138 of the Negotiable Instruments Act, 1881 ('Act') against the Petit.....
Tags : Liability, Discharge, Sentence, Legality
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Kitchen knife and Sil Batta are sufficiently dangerous weapons, if used on vital parts of a person's body can cause serious damage(30.08.2018)
In present matter, the accused challenges the judgment passed by the trial Court convicting him for the offences under Sections 326 and 342 of Indian .....
Tags : Grievous injury, Conviction, Legality
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Only recovery of tainted money is not sufficient for conviction, rather prosecution has to prove the demand, acceptance and illegal gratification(30.08.2018)
Sole Appellant has preferred present appeal against the judgment and order by which the Appellant has been convicted under Section 5(2) read with Sect.....
Tags : Illegal Gratification, Conviction, Legality
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Prosecution is required to establish continuity in links of chain of circumstances, so as to lead to conclusion of Accused being the assailant(31.10.2018)
The Appellant is the wife of the deceased convicted under Section 302 of Indian Penal Code, 1860 (IPC) and sentenced to life imprisonment with fine of.....
Tags : Circumstantial evidence, Conviction, Legality
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Mere breach of promise without mala fide intention cannot amount to deception(29.10.2018)
The Appellant has preferred present appeal against the judgment passed by the trial Court whereby the Appellant has been convicted for the offence und.....
Tags : Conviction, Consent, Legality
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A citizen cannot be non-suited on ground that, authority has failed to take decision in decision making process(22.11.2018)
The Petitioner has filed the present writ application for quashing the order contained in Memo No. 1023 dated 27th May, 2010, whereby the claim of the.....
Tags : Promotion, Denial, Legality
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Standard of proof requires proof that it was accused alone who had committed offence(26.12.2018)
In instant matter, the learned Trial Court after recording evidence and evaluating the same convicted the Petitioner under Sections 279, 337 and 338 o.....
Tags : Conviction, Legality, Standard of proof
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Court must not go deep into merits of matter while considering an application for bail(18.09.2018)
The two instant appeals have been preferred by the State of Orissa and the de-facto informant in FIR registered at Police Station in Orissa State agai.....
Tags : Bail, Grant, Legality
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In order to constitute a conspiracy, meeting of mind of two or more persons to do an illegal act or an act by illegal means is a must(10.10.2018)
Present appeal is directed against the final judgment passed by the High Court in Criminal Appeal whereby the High Court dismissed the appeal filed by.....
Tags : Conspiracy, Conviction, Legality
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Testimony of an injured witness can be acted upon even without any corroboration as he is having a special status in law(16.11.2018)
Present Criminal Appeal is preferred by the Appellants who have been convicted by the learned Sessions Judge, vide impugned judgment and sentenced to .....
Tags : Conviction, Legality, Witnesses, Credibility
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Test while determining similarity is of "the possibility" and not "probability of confusion"(17.10.2018)
Instant Appeal is directed against the order passed by the District Judge on the application for temporary injunction filed in a Civil Suit. The said .....
Tags : Injunction, Grant, Legality
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A person cannot be punished twice for the same offence(24.10.2018)
The instant criminal appeal under Section 374 (2) of Code of Criminal Procedure, 1973 (CrPC) has been preferred by the Appellants, challenging the jud.....
Tags : Counterfeit currency, Possession, Conviction, Legality
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In absence of fitness certificate referring mental fitness, no reliance can be placed upon dying declaration(02.11.2018)
The Appellant has filed present appeal from his conviction and sentence passed by Additional Session's Judge convicting the Appellant under Section 3.....
Tags : Conviction, Legality, Dying declaration
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State Government had no jurisdiction and authority to convert a statutory appeal in a representation and issue directions(01.11.2018)
The Petitioner is the owner of plots carved out in a private layout within the municipal limits of Pimpri Chinchwad Municipal Corporation ('municipal .....
Tags : Power, Jurisdiction, Legality
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Imposition of appropriate sentence must commensurate with nature and gravity of crime and manner in which crime is done(20.02.2019)
In present appeal, the Appellant-Accused has called in question the judgment and order whereby, Madras High Court while dismissing criminal revision p.....
Tags : Conviction, Sentence, Legality
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Statement to police is not a substantive piece of evidence; same cannot form the basis of conviction(14.02.2019)
In facts of present case, on the basis of the FIR registered, police investigated the case. The necessary witnesses were examined by police under Sect.....
Tags : Conviction, Legality, Evidence, Credibility
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When provocation was voluntary on part of offender, benefit of Exception I to Section 300 of IPC cannot be given(11.02.2019)
The Respondent was convicted under Section 302 of the Indian Penal Code, 1860 (IPC) and sentenced to undergo life imprisonment by the Trial Court. The.....
Tags : Sentence, Conversion, Legality
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Man in possession of stolen goods soon after theft is either thief or received goods knowing them to be stolen, unless he can account for his possession(14.01.2019)
The present revision is against the judgment of conviction by the Judicial Magistrate First Class, by which the applicant ('accused') came to be convi.....
Tags : Conviction, Legality, Evidence, Credibility
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Extended period of limitation is only applicable in case of fraud, collusion, wilful mis-statement, suppression of facts or contravention of provision with intent to evade payment of Service Tax(04.12.2018)
The present appeal is directed against the impugned order passed by the Commissioner (Appeals) whereby the Commissioner (A) has rejected the appeal of.....
Tags : Demand, Confirmation, Extended period, Legality
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Preventive detention cannot be used as an instrument to keep a person in perpetual custody without trial(30.11.2018)
Impugned in present petition is Order passed by District Magistrate, Respondent No. 2, whereby "detenu", has been placed under preventive detention. L.....
Tags : Personal liberty, Detention, Legality
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For issuance of writ of quo warranto, appointment has to be contrary to statutory rules(14.05.2019)
The Petitioner, himself a lawyer, would seek quashment of the appointment of Respondent No. 3 on the post of Deputy Advocate General by issuance of wr.....
Tags : Appointment, Legality, Writ, Issuance
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Court can interfere with departmental authority’s decision, if inquiry is not conducted in a fair manner by following rules of natural justice(24.03.2017)
Ratio: Inquiry has to be conducted in a fair manner by following rules of natural justice
Instant writ petition has been preferred.....
Tags : Punishment, Imposition, Legality
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Benefit of Exception 4 to Section 300 of IPC is available only when act is committed without premeditation in a sudden fight in heat of passion(15.03.2019)
Present appeal arises out of the judgment passed by the High Court by which the High Court affirmed the conviction of the Appellant under Section 302 .....
Tags : Conviction, Sentence, Legality
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Bail once granted should not be cancelled in a mechanical manner without considering supervening circumstances(14.05.2019)
In present case, the 1st Respondent herein is a teacher. Alleging that she was involved in Crime registered under Sections 454 and 381 read with Secti.....
Tags : Bail, Grant, Legality
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In a crime committed by an unlawful assembly, every member of unlawful assembly would be guilty of offence, even if he himself had not done actual act(15.03.2019)
In present matter, First Information Report was lodged with Police Station, District Raipur pursuant to information received at Police Station from In.....
Tags : Unlawful assembly, Conviction, Legality
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Re-examination of a witness by party calling the witness is a right conferred under statute and unless such a right is declined, a party cannot be denied the opportunity to re-examine witness(11.06.2019)
Present Petition had been preferred against the order passed by the learned Sessions Judge, by means of which the learned trial Court had allowed the .....
Tags : Recall, Witness, Cross examination, Legality
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Charge of clandestine clearance cannot be established merely on basis of statement of Director(14.06.2019)
In facts of instant case, Appellant No. (1) is engaged in the manufacture of sponge iron falling under Chapter 72 of Central Excise Tariff Act, 1985 a.....
Tags : Demand, Confirmation, Legality
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Revisional power cannot be equated with a power of re-consideration of all questions of facts as a Court of first appeal(07.05.2019)
Present petition challenges the order passed in eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (DRC Act) whereby the lea.....
Tags : Eviction, Bonafide, Legality
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Lack of due diligence and failure to take more precautions cannot by itself bring in penal consequences for imposition of penalty, a positive act or omission is to be established(07.05.2019)
Present Appeal has been filed from the order passed by the Commissioner of Customs (Appeals) by which the Commissioner (Appeals) disposed of the Appea.....
Tags : Penalty, Imposition, Legality
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No place other than municipal market shall be used as a market place unless such place has been licensed as a market by Municipal Commissioner(06.06.2017)
Present writ petition is filed for a direction upon corporation authorities to take steps for demolition of illegal construction and stoppage of illeg.....
Tags : Illegal construction, Direction, Demolition
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High Court should not interfere with order of acquittal, if the view taken by trial court is a reasonable view based on evidence(04.06.2019)
By way of the instant appeal, a challenge is laid to the judgment passed by the Court of 2nd Additional Sessions Judge, in the case arising out of FI.....
Tags : Acquittal, Evidence, Legality
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Accused can be held guilty for offence of murder even on a single blow on vital part of victim’s body causing his death(31.05.2019)
Present appeal is against impugned judgment passed by the High Court whereby the High Court has partly allowed the said appeal preferred by the origin.....
Tags : Sentence, Alteration, Legality
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Mere possession and recovery of currency notes from an Accused without proof of demand would not establish an offence(14.07.2017)
Appellant, heir of Mukhtiar Singh (since deceased) has carried this appeal to present Court against affirmation of his conviction under Sections 7 and.....
Tags : Illegal gratification, Proof, Conviction
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Decision would not be open to interference by Writ Court, if provision of a statutory Rule is capable of two or more constructions and one construction has been adopted(24.07.2019)
In present case, the Respondent No. 1 filed Writ Petition in Calcutta High Court, challenging the impugned communication on the basis that, he was eli.....
Tags : Appointment, Direction, Legality
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Existence of right of private defence can be established based on preponderance of probabilities and said right has to be widely interpreted(23.05.2019)
In present case, FIR came to be registered under Sections 307, 326, 323, 324, 452, 429, 506, 148 and 149 of Indian Penal Code, 1860 (IPC) and Sections.....
Tags : Private defence, Charges, Legality
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Once duty has been demanded on finished goods cleared in DTA, no duty demand can be made on the raw material(21.05.2019)
The Appellant No. 1 is a 100% EOU engaged in the manufacture of Polyester Twisted Yarn (PTY). One of the raw materials used by the Appellant No. 1 to .....
Tags : Demand, Confirmation, Legality
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Satisfaction of the Court is pre-requisite for appointment of a Revenue Officer as a Local Commissioner(19.07.2019)
By way of present petition filed under Article 227 of the Constitution of India, 1950, the Petitioners have challenged order, passed by the Court of l.....
Tags : Appointment, Revenue Officer, Legality
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A provision enacted in Special Act to protect persons belonging to SC and ST and a bar imposed in granting bail cannot be easily brushed aside(13.06.2019)
The Appellant challenges the order passed by Additional Sessions Judge, rejecting the application for anticipatory bail on the ground that, it was bar.....
Tags : Bar, Anticipatory Bail, Legality
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Amendments which are mala fide in nature or amount to withdrawal of admissions or introduce entirely new causes of action ought not to be permitted(17.06.2019)
The present revisional application is directed at the instance of the Defendant in a suit, primarily challenging a transfer deed, against an order, wh.....
Tags : Plaint, Amendment, Legality
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Statements of a person who dies, are admissible, if the statements relate to the cause of death, or explain circumstances leading to the death(07.09.2017)
The Appellants faced trial for offence punishable under Sections 306 and 498-A read with Section 34 of Indian Penal Code, 1860 ('IPC'). They have been.....
Tags : Conviction, Legality, Circumstantial evidence
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Mere existence of alternate forums does not create a legal bar on a High Court to exercise its writ jurisdiction(29.07.2019)
In present matter, the second Respondent, the All India Chess Federation is a society registered under the Societies Registration Act, 1860. It is a c.....
Tags : Legal bar, Clause, Jurisdiction
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Validity of order cannot be determined by the parties and for setting aside such order, even if void, party has to approach appropriate forum(23.07.2019)
The Plaintiff filed a suit for declaration of title and permanent injunction stating that, patta was granted in his favour by the Naib-Tahsildar, Kank.....
Tags : Patta, Cancellation, Legality
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Minor procedural defects which are curable should not be allowed to defeat substantive rights or to cause injustice(28.07.2017)
Petitioner is engaged in carrying out the business of manufacturing and trading of water, beverages, distilled water etc. It is aggrieved by rejection.....
Tags : Tender bid, Award, Legality
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Executive Instructions cannot override statutory rules(04.07.2019)
The Petitioners assail the Government Resolution dated 4th October, 1983 and orders issued by Respondent Nos. 1 and 3 denying the pension and pensiona.....
Tags : Pensionary benefits, Denial, Legality
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When Act contemplates a particular procedure, police in exercise of their general powers under CrPC cannot usurp jurisdiction to register case and investigate matter(13.06.2019)
Petitioners are aggrieved by the prosecution initiated against them in Crime case for the offences punishable under Sections 7 and 19 of the Karnataka.....
Tags : FIR, Registration, Legality
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Appointment on compassionate ground cannot be granted, if criterion for showing compassion is missing(25.07.2019)
The prayer of the Petitioner for being appointed on compassionate ground has been rejected by a communication. The same is impugned in the instant wri.....
Tags : Compassionate appointment, Rejection, Legality
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Transaction value has to be accepted as correct assessable value and same cannot be enhanced on basis of NIDB data(19.06.2019)
As per facts on record, the Appellant is manufacturer of 'Aluminum Ingots and for the said purpose, they imported aluminium dross under the cover of t.....
Tags : Demand, Penalty, Legality
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General insurance companies have freedom to decide their premium rates as well as their re-insurer(26.07.2019)
The present information has been filed by Indian Chemical Council ("Informant"), under Section 19(1)(a) of the Competition Act, 2002 against General I.....
Tags : Circular, Premium, Enhancement, Legality
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Conviction of accused cannot be sustained, if sole testimony of prosecutrix found artificial(11.08.2017)
Instant criminal appeal is against the judgment passed by trial Court, whereby Accused Appellant was convicted for offences under Sections 363, 366, 3.....
Tags : Conviction, Legality, Evidence, Credibility
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If actual market value of acquired land is higher, Reference Court could grant higher compensation(10.08.2017)
In facts of present case, The Government had acquired the land of the Respondent from different survey holdings for the stated purpose pursuant to the.....
Tags : Compensation, Enhancement, Legality
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In contract matters, Court can exercise its discretionary power only in case of bias, mala fide, arbitrariness or unreasonableness(09.08.2017)
In facts of present case, the Government implemented LED Street light Scheme in Tamil Nadu. Tender notices for supply of huge number of 20W LED street.....
Tags : Tender, Conditons, Legality
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Wilful conduct which is likely to drive the woman to commit suicide is necessary for conviction under Section 498A of IPC(18.07.2019)
In facts of present case, FIR was registered on the statement of PW-11, the mother of the deceased. A charge sheet was filed. Later, charges were fram.....
Tags : Conviction, Legality, Dowry demand, Proof
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When place of removal is buyer's premises, Appellant is eligible for credit(04.07.2019)
The Appellants are engaged in the manufacturing of parts of Fuel Injection Pump/Valve Assembly and are registered with the Central Excise Department. .....
Tags : Credit, Disallowance, Legality
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Mere circumstance of Accused being last seen with the deceased is an unsafe hypothesis for conviction under Section 302 of IPC(19.09.2017)
Present appeal arises from a judgment of a Division Bench of High Court. The High Court affirmed the conviction of the Appellant under Section 302 of .....
Tags : Conviction, Legality, Circumstantial evidence
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Tenant could not be penalized for the Advocate's default(21.09.2017)
The Plaintiff filed the present suit on 22nd November, 2013 claiming a decree for recovery of khas possession of the suit premises, decree for arrear .....
Tags : Delay, Condonation, Legality
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Prospectus is a complete code in itself, candidates seeking admission under the Prospects are bound by the terms contained therein(20.09.2017)
In facts of present case, Department of Medical Education and Research, issued a Prospectus-cum-Application Form for admission to the Postgraduate Deg.....
Tags : Bank Guarantee, Condition, Legality
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It is settled law that, rules once framed, cannot be modified by executive orders(22.09.2017)
The Applicants were candidates for the post of Head Constable (Male) in Transport Department, for which selection process was initiated by the Respond.....
Tags : Selection, Race event, Legality
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There should be reason to believe about escapement of income for initiation of reassessment proceedings, sufficiency of material cannot be considered at that stage(16.08.2019)
Present two appeals by the assessee relating to the assessment years arise out of the common order passed by the Commissioner of Income-tax (Appeals)......
Tags : Assessment, Additions, Legality
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There must be a complete chain of evidence as not to leave any reasonable ground for a conclusion consistent with innocence of Accused(16.07.2019)
Present appeals have been filed by the prosecution assailing the judgment of the High Court acquitting the Respondents charged for the offences under .....
Tags : Circumstantial evidence, Acquittal, Legality
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If a person tried for criminal offence but ordinary criminal law will not be able to deal with situation, only then, preventive detention can be taken recourse to(02.11.2017)
Present petition was against the order of detention passed by Respondent in exercise of powers conferred under Section 3[2] of the Gujarat Prevention .....
Tags : Illegal Activity, Detention, Validity
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Authorities have to obtain prior approval from Government in case the order of settlement is not issued to highest tenderer(05.09.2019)
The order of settlement of the Sulung Daily Market under the Pachim Kaliabor Anchalik Panchayat in the district of Nagaon, issued in favour of the res.....
Tags : Evaluation, Bids, Legality
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Person can be convicted under Prevention of Food Adulteration Act, 1954 even if there is marginal deviation from prescribed standard(04.10.2019)
In facts of present case, on 30th October, 1995 a sample of milk was collected from the Appellant by the Food Inspector. The same was sent to the Publ.....
Tags : Adulteration, Conviction, Legality
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Promotion in a private establishment is a managerial function and cannot be claimed to be a condition of service(21.08.2017)
Instant petition takes an exception to the judgment and order passed by the Industrial Court. By said judgment and order, Industrial Court allowed the.....
Tags : Trade practice, breach, Legality
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Preventive detention order can be passed if activities of the detenue are dangerous to the maintenance of public order(21.08.2017)
By way of present writ petition under Article 226 of the Constitution of India, the Petitioner prays to issue a writ of mandamus or any other appropri.....
Tags : Detention, Subjective satisfaction, Legality
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When the actual cost towards handling charges are available, notional addition is not legally tenable(23.08.2017)
The Appellant is engaged in air transport business both in domestic and international sector. They operate some of their air crafts in domestic sector.....
Tags : Demand, Penalty, Confirmation, Legality
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Trading is an exempted service, Rule 6(3) of CENVAT Credit Rules applies in case credit has been taken on input/input services used in trading activity(07.08.2019)
The Appellant is a manufacturer of air conditioners and refrigeration products. They also undertake works contract service, erection commissioning and.....
Tags : Demand, Confirmation, Legality
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Revocation of licence can only be justified in presence of aggravating factors that allow infraction to be labelled grave(07.08.2019)
The Appellant is a Customs Broker with Pawan Kumar Jaiswal as one of its Directors. Department observed the violation of Regulation 11(d) and (e) of C.....
Tags : License, Cancellation, Legality
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Rejection of report of its own Surveyor by Insurance Company in absence of any valid reason or proof cannot be sustained(07.08.2019)
In present matter, aggrieved by the order passed by the State Consumer Disputes Redressal Commission, New India Assurance Company Ltd. preferred the p.....
Tags : Compensation, Direction, Legality
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Punishment of life imprisonment is not unquestionably foreclosed in spite of gravity and barbarity of offence(01.10.2019)
The instant review proceedings pertain to Review Petition seeking to review the final judgment passed by this Court confirming conviction under Sectio.....
Tags : Conviction, Death sentence, Legality
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The scope of judicial review is limited; Court cannot substitute its own value judgment for that of appointing authority(26.09.2019)
The Petitioners, who are working on the establishment of present Court as 'Personal Assistants', have filed present petition taking exception to the p.....
Tags : Selection, Criteria, Legality
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Mere wrong mention of the provision in the application would not prohibit a party to the litigation from getting justice(03.10.2017)
Present appeal arises out of the judgment passed by the Gujarat High Court dismissing the Special Civil Application filed by the Appellant, consequent.....
Tags : Legal representatives, Impleadment, Rejection, Validity
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Once any act or omission has been found to have been committed by a public servant in discharge of his duty then, it must be given liberal and wide construction(26.09.2017)
The Petitioner have filed applications challenging the impugned order passed by Sub-divisional Judicial Magistrate, taking cognizance of offences unde.....
Tags : Proceedings, Sanction, Legality
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Discharge proceeded without reference to Invalidating Medical Board cannot be sustained(02.09.2019)
The Appellant was enrolled in the Army as a Washerman. He was discharged from service on medical grounds on August 31, 1993. Appellant, aggrieved agai.....
Tags : Discharge, Procedure, Legality
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When contract between service provider and service recipient is of manufacturing, demand under man power supply cannot be made(18.10.2019)
The brief facts of the case are that, the Appellant entered into agreement with Nirma Limited, Bhavnagar (Nirma) accordingly to which the Appellant wa.....
Tags : Demand, Confirmation, Legality
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Court will exercise its power under Section 11(6)(a) of Arbitration Act, only where a party fails to act in accordance with appointment procedure agreed between parties(29.08.2019)
The present petition under Section 11 of the Arbitration and Conciliation Act, 1996 challenges appointment of Mr. R.S. Baswana, District and Sessions .....
Tags : Appointment, Arbitrator, Legality
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When there is an eye witness to occurrence corroborated by other evidence, non-establishment of motive behind the crime is not fatal to prosecution(28.11.2017)
Appeal is against the judgment of conviction and order of sentence passed under Section 302 of Indian Penal Code, 1860 (IPC) against the Accused/Appel.....
Tags : Conviction, Legality, Evidence, Corroboration
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Where shortage was insignificantly low as compared to total production and in absence of any positive evidence of clandestine removal, charge of clandestine removal cannot be sustained(01.11.2019)
Present appeal has been filed by Appellant against the confirmation of demand of Central Excise, interest and imposition of penalty under Section 11AC.....
Tags : Demand, Confirmation, Legality
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Magistrate is within its jurisdiction to grant permission to victim to prosecute accused only on satisfaction of relevant facts(07.08.2019)
The challenge in the present appeal is to an order passed by the High Court whereby an order passed by the Magistrate declining permission to Responde.....
Tags : Permission, Grant, Legality
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High Court cannot modify/relax Instructions issued by Commission which are mandatory in nature(28.08.2019)
In facts of present case, the Tamil Nadu Public Service Commission ('the Commission') issued a Notification dated 9th April, 2018 inviting application.....
Tags : Result, Announcement, Direction, Legality
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Application for waiver of pre-deposit is to be entertained as Petitioners were neither borrowers nor mortgagers or guarantors in respect of loan facility availed by principal borrower(11.10.2019)
The present petition is directed against an order passed by the Debt Recovery Appellate Tribunal ('DRAT'), rejecting the Petitioner's application seek.....
Tags : Pre-deposit, Direction, Legality
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When there was no premeditation on part of Accused and occurrence took place suddenly, offence would fall under Exception 4 to Section 300 of IPC(27.08.2019)
Present appeal arises out of the judgment passed by the High Court by which the High Court affirmed the conviction of the Appellant-Accused under Sect.....
Tags : Conviction, Sentence, Legality
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Once it is admitted that, invitation is open to all, additional condition cannot be imposed(06.08.2019)
In present case, the 2nd respondent issued an 'Invitation for Bid' for the award of a contract for the periodical renewal work in the State of Himacha.....
Tags : Bid, Rejection, Legality
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Credit avail on Service Tax paid on 'Courier Serves' is eligible to Cenvat Credit(05.08.2019)
Present is an appeal against order-in-original of Commissioner of Central Excise, denying CENVAT credit of Rs. 94,16,769, having been availed on taxes.....
Tags : CENVAT Credit, Denial, Legality
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Sub-contractor is independently liable to pay service tax even though service tax liability has been discharged by main contractor(05.08.2019)
The brief facts of the case are that, the Appellant had obtained work orders from Gujarat State Police Housing Corporation Limited (GSPHCL) and accord.....
Tags : Demand, Confirmation, Legality
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FIR cannot be quashed, when complainant has a case that, settlement arrived between parties was made under guise of threat and coercion(25.10.2019)
The Appellant herein, is the informant in crime registered in FIR on the file of Mahila Police Station. On her complaint, the aforesaid crime is regis.....
Tags : FIR, Quashing, Legality
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Directions for dividing the property by metes and bounds is beyond the scope of powers of the Tribunal(10.10.2017)
The Petitioner impugns the order passed by the Maintenance Tribunal (under Maintenance & Welfare of the Parents and Senior Citizens Act, 2007). By the.....
Tags : Relinquishment deed, Legality, Transfer, Direction
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Question with regard to juvenility can be raised at any time either during trial or during pendency of the appeal or revision or in any other proceeding pending in any Court of law(11.10.2017)
Present is an appeal under Section 374 of the Code of Criminal Procedure, 1973 filed by the convicts (Appellants) assailing the judgment and order of .....
Tags : Conviction, Legality, Juvenility Plea
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Once Session judge has found that order of authority is not accordance with law, then that order cannot be quashed(28.10.2017)
In the instant petition, the Petitioner has assailed the validity of the order passed by Additional Sessions Judge, whereby the order passed by Petiti.....
Tags : Proceedings, Legality, Supervisory jurisdiction
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Power to strike out the defence vested in the Rent Controller is discretionary and not essential(24.09.2019)
The instant appeal has been filed against the judgment and order passed by the High Court at the instance of the Appellants (tenants) under Article 22.....
Tags : Defence, Striking off, Legality
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Department can re-open proceedings after issuance of discharge certificate only when there is substantial and conscious mis-declaration(21.10.2019)
The brief facts of the case are that, the Respondents filed VCES declaration under Section 107 of the Finance Act, 2013 as amended. They paid service .....
Tags : Demand, Interest, Deletion, Legality
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Cross-examination of persons swearing into the affidavits should not be allowed unless absolutely necessary(23.09.2019)
The question falling for consideration in present appeals is in an application under Section 34 of the Arbitration and Conciliation Act, 1996 (the Act.....
Tags : Re-cast issues, Direction, Legality
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FIR Cannot Be Filed In Respect Of Disputes Completely Settled In Lok Adalat(19.08.2019)
In facts of present case, the Appellant is the owner of the house and let out this house to Respondent No. 3 on monthly rent. The officials of the Enf.....
Tags : FIR, Registration, Legality
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Right to choose and appoint an employee cannot be taken away merely because Government Resolution prescribes a maximum age limit of 33 years(27.09.2019)
The Petitioner - St. Isabel's High School, invokes the jurisdiction of present Court under Article 226 of the Constitution of India to challenge the i.....
Tags : Resolution, Maximum age, Legality
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An order of transfer passed in lieu of punishment is illegal and cannot be sustained(10.10.2019)
By the instant petition, the Petitioner, who was initially appointed as Stenographer Gr-I in the year 2005 and with successive promotions was appointe.....
Tags : Transfer, Punitive action, Legality
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Application for curbing media reporting of case can be moved in Court where it is pending(30.10.2019)
The Plaintiff has instituted present suit for (i) recovery of damages for defamation; (ii) restraining the Defendant from further defaming the Plainti.....
Tags : Defamatory allegations, Media reporting, Legality
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High Court can invoke its powers under Section 482 of CrPC, if non-application of mind is revealed and no offence is made out(07.01.2020)
Present petition has been filed by original accused, challenging the order of issuance of process against him for the offence punishable under Section.....
Tags : Proceedings, Issuance, Legality
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Duty demand consequent to denial of credit cannot be raised from an Input Service Distributor(02.01.2020)
The facts of the case in brief are that, the Appellant is engaged in the business of manufacture of coal tar products at various manufacturing units. .....
Tags : Demand, Penalty, Legality
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Mere fact that deceased allegedly died an unnatural death could not be sufficient to bring home a charge under Section 201 of IPC(12.02.2018)
Present is a case where the Appellant's wife committed suicide by hanging. The incident took place on 26th December, 1990. The information was conveye.....
Tags : Suspicion, Conviction, Legality
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For determining future prospects, age of victim as on date of accident is to be taken as starting point for calculation(24.12.2019)
Present appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against a judgment of Tribunal in MACT case, passed in an application .....
Tags : Compensation, Quantum, Legality
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Legal Services Committee cannot set up ‘Temporary Lok Adalats’(17.02.2016)
A Sub Divisional Legal Services Committee cannot form a ‘Temporary Lok Adalat’ under the Legal Services Authorities Act, 1987. The High Court noted th.....
Tags : Legal services committee, lok adalat, adjudication
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In a criminal case, remand is not to be ordered as a matter of course(17.12.2019)
Present appeals are directed against the judgment passed by the High Court whereby it allowed the appeal filed by the State, set aside the acquittal o.....
Tags : Conviction, Remand, Legality
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A mere error, omission or irregularity in sanction is not fatal unless it has resulted in a failure of justice(27.11.2019)
The impugned judgment passed by the High Court upholding conviction of the Appellant under Sections 7 and 13 of the Prevention of Corruption Act, 1988.....
Tags : Conviction, Legality
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Cenvat cannot be denied, when records are not held to be untrue or falsified(13.12.2019)
The brief facts of the case are that, the Appellant are engaged in manufacture of Alloy Steel Castings. They were issued show cause notices that, they.....
Tags : Cenvat credit, Fraudulent availment, Legality
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Appellate Court cannot interfere with order of acquittal if the view taken by Trial Court is reasonable and findings recorded by it are not manifestly erroneous or contrary to the evidence on record(09.01.2018)
The Superintendent of Police, Central Bureau of Investigation, Anti-Corruption Bureau, Jammu, has filed this appeal against the judgment of acquittal .....
Tags : Illegal gratification, Acquittal, Validity
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Strict standard needs to be applied for judging conduct of judicial officer(10.12.2019)
The Appellant, a judicial officer of the rank of Additional District and Sessions Judge, assails his order of compulsory retirement at 56 years of age.....
Tags : Compulsory retirement, Legality
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No service tax liability accrues from pure sale un-associated with any service component(13.12.2019)
The Appellant is a manufacturer of pharmaceutical products as well as trader. Proportionate denial of CENVAT credits taken on trading which was consid.....
Tags : Demand, Confirmation, Legality
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Judgment of acquittal may be reversed or otherwise disturbed only for very substantial and compelling reasons(09.12.2019)
In facts of present case, Dafadar Kartar Singh, the Respondent was tried by the Summary Court Martial for a civil offence of house breaking by night. .....
Tags : Allowances, Direction, Legality
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When employee was found guilty of corruption by criminal court, then, unless said conviction was set aside, action of employer in dismissing employee from service cannot be faulted(06.12.2019)
The Petitioner was serving in the Bharat Coking Coal Limited. A show cause notice was issued to him on 24th June, 2017 on the allegation that, while h.....
Tags : Illegal Gratification, Dismissal, Legality
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Word uttered in fit of anger or emotion without intending consequences to actually follow cannot be said to be instigation(18.10.2019)
Present appeal is preferred by the State of West Bengal through Principal Secretary, Home Department, aggrieved by the judgment passed by the High Cou.....
Tags : Suicide, Discharge, Legality
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Cheque drawn and issued by a person to the complainant, in discharge of debt owed by another person to complainant, comes within purview of Section 138 of NI Act(09.12.2019)
In facts of present case, the trial court found the Petitioner guilty of the offence punishable under Section 138 of the Negotiable Instruments Act, 1.....
Tags : Conviction, Sentence, Legality
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Punishment which is grossly in excess to allegations remains open for interference under scope of judicial review(21.10.2019)
In present case, departmental proceedings initiated against Appellant for which he was served a memorandum under Rule 14 of Central Civil Services (cl.....
Tags : Disciplinary proceedings, Removal, Legality
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In bribe cases, it is for the prosecution to prove demand and acceptance beyond reasonable doubt(02.03.2018)
The Appellants 1 & 2 were tried before the learned Assistant and Sessions Judge-cum-Chief Judicial Magistrate, on the allegation that, on 5th April, 2.....
Tags : Illegal gratification, Proof, Acquittal
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Request for change of the date of birth in service records at the fag end of service is not sustainable(05.02.2020)
The Appellants are before present Court assailing the order passed by the Division Bench of the High Court. Through the said order, the Division Bench.....
Tags : Service records, Change, Legality
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A paper-cutter is a 'deadly weapon' to secure a conviction for committing robbery with an attempt to cause death(03.02.2020)
The Appellant has filed the present appeal impugning a judgment, whereby he was convicted for the offences punishable under Sections 392/397 of the In.....
Tags : Robbery, Conviction, Legality
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In absence of evidence of harassment or cruelty on victim, charge of dowry death cannot be established(10.01.2020)
The appeal is directed against judgment passed by Second Additional Sessions Judge, in Session Trial wherein the said Court convicted the Appellant fo.....
Tags : Dowry death, Conviction, Legality
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Minor variations between medical evidence and ocular evidence do not take away primacy of the latter(18.12.2019)
The State as Appellant assails the acquittal of the three Respondents by the High Court, reversing their conviction under Sections 302/149, 307/149, 1.....
Tags : Unlawful assembly, Acquittal, Legality
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No person can be sent on deputation without his consent(19.12.2019)
The Petitioner joined the Respondent department as TGT (NM) in the year, 2006 and thereafter served in various places in the State. On 8th April, 2019.....
Tags : Deputation, Relieving order, Legality
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A party cannot approbate and re-approbate at the same time(13.01.2020)
The Appellant has preferred this appeal under Section 421 of Companies Act, 2013 against the order passed by National Company Law Tribunal vide which .....
Tags : Transfer, Direction, Legality
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Any change in law is to be applied prospectively only and cannot be applied retrospectively to detriment of Appellants(20.12.2019)
In facts of present case, Department has conducted stock taking of the unit of the Appellants, Eastern Silk Industries, an EOU unit. The Department al.....
Tags : Demand, Penalty, Legality
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Juristic person’ has no right to seek information under RTI(13.06.2016)
Companies seeking information under the Right to Information Act, 2005 cannot raise an RTI request under their own name, the Central Information Commi.....
Tags : rti, corporation, citizen, application, legal entity
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'Consumer' includes not only a person who has hired or availed of service but even a beneficiary of a service(17.03.2020)
In facts of present case, the Respondent obtained a Labour Beneficiary Identity Card on 29th December, 2011 under the Welfare Board from the Appellant.....
Tags : Scheme, Beneficiary, Direction, Legality
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For framing of a charge against the accused, not only suspicion but grave suspicion that accused is likely to have committed the offence is required(19.03.2020)
Petitioner impugns order, whereby, the Trial Court has discharged Respondent No. 2 of all charges. Deceased - was married to son of Respondent No. 2. .....
Tags : Suspicion, Discharge, Legality
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Unless there is preference given to Crown debt by a statute, dues of a secured creditor have preference over Crown debts(06.03.2020)
In present case, the Appellant filed the Writ Petition in the High Court seeking a restraint order against the Tax Recovery Officer-Respondent No. 4 f.....
Tags : Attachment order, Enforcement, Legality
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Cancellation of driving license for all classes or description of vehicles permanently is excessive(12.03.2020)
Petitioner impugns judgment whereby the appeal of the Petitioner impugning order on conviction has been dismissed, however the order on sentence has .....
Tags : Driving licence, Cancellation, Legality
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A genuine arrangement cannot be disregarded when same results or operates to minimize Assessee’s tax liability(05.03.2020)
Present is an Appeal by the Assessee directed against the Order by the Commissioner of Income Tax (Appeals), partly allowing the assessees’ appeal. Th.....
Tags : Assessment, Genuine arrangement, Legality
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When accused secures acquittal, presumption of his innocence is further reinforced(17.02.2020)
Present is an appeal filed by the State impugning an order and judgment passed by the Chief Judicial Magistrate, acquitting accused of charges under S.....
Tags : Acquittal, Legality
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On mere suspicion, addition for unexplained Cash Credit cannot be made(05.03.2020)
In facts of present case, the assessee is son of Shri Madhukar Rathi. The assessee filed his return of income declaring total income of Rs.56,10,180. .....
Tags : Transaction, Genuineness, Additions, Legality
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Provisions of IT Act are not applicable on mere reimbursement of business expenses of company(16.03.2020)
The assessee being resident individual was assessed for year under consideration under Section 143(3) of Income Tax Act, 1961 (IT Act)on 28th November.....
Tags : Expenditure, Additions, Legality
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For minor procedural lapse, substantial benefit cannot be denied(14.02.2020)
The Appellant is a manufacturer of dutiable goods-HDPE Pipes/LLDPE Pipes. PVC Moldings, fittings, etc. which are dutiable and also manufacturer of exe.....
Tags : Demand, Confirmation, Legality
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Detaining suspect illegally outside ‘official duties’ of police(05.07.2016)
Police officials cannot be said to be acting “in the discharge of official duties” when they illegally detain a suspect longer than is claimed by them.....
Tags : criminal, police, sanction, illegal detention
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Promoter is liable to pay interest to the complainant on failure to fulfil his obligation(28.02.2019)
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, Interest, Legality
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High Court cannot interfere with finding of fact in revisional jurisdiction unless there is perversity or misappreciation of evidence(08.06.2020)
In the facts of present case, the Appellant is the tenant of two shop rooms-one on the ground floor and the other on the first floor. The tenant is do.....
Tags : Eviction, Revisional jurisdiction, Legality
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Findings of fact cannot be re-opened and questioned under writ jurisdiction of the Court, the Court can only interfere in cases of no evidence(20.05.2020)
The present set of petitions challenges the orders passed by the learned Appellate Authority, Department of Food Supplies and Consumer Affairs, dismis.....
Tags : Fair Price Shop, Cancellation, Legality
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Assessee has right to challenge inclusion of comparable, even if it clears the filters(18.05.2020)
By way of the present appeal under Section 260A of the Income Tax Act, 1961 ('the Act'), the Appellant (Revenue) assails the impugned order passed by .....
Tags : Comparables, Exclusion, Legality
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While construing a contract of insurance, it is not permissible for a Court to substitute the terms of the contract(24.04.2020)
The present appeals arise from a judgment of the National Commission which in first appeal upheld the judgment of the State Commission. The SCDRC held.....
Tags : Insurance policy, Terms, Interpretation, Legality
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In order to avoid spread of Covid-19 impact, confinement in Quarantine Centre would not amount to illegal detention(29.04.2020)
Present is a petition under Article 226 of the Constitution of India for issuance of writ in the nature of Habeas Corpus directing Respondents No.1 an.....
Tags : Covid-19, Impact, Quarantine, Legality
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Matters which come purely under the realm of a contract between two parties are not amenable to writ jurisdiction(22.06.2020)
The Appellants/Petitioners are aggrieved by the judgment passed by the learned Single Judge dismissing a writ petition filed by them praying for issua.....
Tags : Alleged misconduct, Termination, Legality
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Person charged for higher offence can be punished for lower offence(22.06.2020)
The instant appeal has been preferred by the Accused-Appellant against the judgment passed by learned Additional Sessions Judge under Sections 451, 32.....
Tags : Conviction, Sentence, Legality
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Assessee is not liable for tax on capital gain, when Assessee is neither a signatory to subsequent Sale Deed nor is recipient of any of sale consideration(29.04.2020)
In facts of the present case are that the Assessee, an individual, did not file any return of income for the relevant assessment year. The Assessing O.....
Tags : Capital gain, Levy, Legality
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Ground of patent illegality is available under the statute for setting aside a domestic award, if decision of arbitrator is perverse(22.05.2020)
In the facts of present case, learned sole arbitrator has passed the arbitral award dated 29th March, 2016 in respect of Package-I holding. Similar De.....
Tags : Award, Patent illegality, Arbitrator
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In case of reinstatement, payment of back wages is not a matter of right(29.06.2020)
Present are two petitions arising out of the impugned award passed by the Presiding Officer, Labour Court by which the Workman was reinstated into ser.....
Tags : Past conduct, Reinstatement, Legality
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When the inventory is prepared by an officer not authorised under the Abkari Act, it cannot be acted upon by the court and cannot be treated as primary evidence(09.06.2020)
The prosecution case is that, on 6th July, 2007, PW1 Excise Inspector found the Petitioner having in his possession a can containing 2½ litres of arra.....
Tags : Conviction, Sentence, Legality
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A proceeding under the Public Land Encroachment Act can be initiated only if land in question is a public land(08.06.2020)
In instant case, the Circle Officer, exercising his jurisdiction as Collector, within the meaning of the provisions of the Bihar Public Land Encroachm.....
Tags : Removal, Encroachment, Legality
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Grant of exclusive right to use the “know-how” would not fall in definition of Intellectual Property Right (IPR) for levying tax under Section 65(105)(zzr) of the Finance Act(08.06.2020)
Present Appeal has been filed to assail the order passed by the Commissioner to the extent it confirms the demand made under “intellectual property ri.....
Tags : Demand, Confirmation, Legality
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If insured continues to remain the owner view of the statutory provisions of the Motor Vehicles Act, 1988, Insurer cannot evade its liability in case of an accident(18.06.2020)
In facts of present case, the Appellant was the owner of Ashok Leyland Truck which was covered by a Policy of Insurance issued by the Insurer effectiv.....
Tags : Claim, Repudiation, Legality
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Transfer is an exigency of service and it is not in the domain of the Court to interfere with a transfer order unless it is malafide(17.06.2020)
Petitioner is a regular employee of Air India and was working in 2017 as a Senior Assistant General Manager (Commercial). Vide order dated 28.06.2017.....
Tags : Tenure, Reposting, Legality
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Domestic transactions with an Associate Enterprise (AE) would not constitute “Specific Domestic Transactions” for the purpose of Section 92BA of IT Act(29.06.2020)
The captioned appeal has been filed at the instance of the Assessee against the order of the Principal Commissioner of Income Tax, (‘Pr.CIT’), arising.....
Tags : Assessment, Revisional order, Legality
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At the time of registration, authority must satisfy that, the objects are charitable in nature and activities being carried out are genuine(31.07.2020)
Present appeals preferred by the Assessee are against the separate orders of Commissioner of Income-tax (CIT) denying registration under Section 12AA .....
Tags : Registration, Denial, Legality
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No interest is payable, when clauses agreement bars arbitrators from granting interest(07.02.2019)
In present matter, the Appellant herein was awarded the contract under which it was to execute certain Works. Agreement in this behalf was signed on 1.....
Tags : Award, Interest, Legality
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A former employee of a party to arbitration can be appointed as an arbitrator(03.01.2019)
Appellant-State issued a Letter of Acceptance to Respondent No. 1 for execution of a works contract for construction, operation and maintenance of Gur.....
Tags : Arbitrator, Appointment, Legality
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Limitation period would commence only from date on which signed copy of award delivered to party making the application for setting it aside(27.03.2018)
Appellants have filed present appeals challenging the judgment of the High Court by which the High Court has held that challenge to the arbitral award.....
Tags : Arbitral award, Service, Legality
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Guidelines cannot be read as mandatory Rules to be adhered to in all circumstances or to take away all discretionary powers of transfer from the competent authorities(21.07.2020)
Present petition has been filed by the Petitioner, who is employed as a Sub-Inspector in CISF, presently at NLC, Barsingsar, Bikaner, for issuance of .....
Tags : Discretionary powers, Transfer, Legality
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Before entertaining a writ petition and passing any interim orders, Court must carefully weigh conflicting public interests(24.06.2020)
The present appeals are directed against the interim order passed by the High Court whereby in an intra-court appeal, the High Court passed an order o.....
Tags : Public interest, Interim order, Legality
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Mandatory pre-deposit is required to be deposited before Tribunal within 30 days for further benefits(26.05.2020)
Challenge in present appeal is to the order passed by learned Single Judge disposing off the petition granting 30 day's time to the appellant/petition.....
Tags : Pre-deposit, Direction, Legality
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Integrity of judicial officer must be of a higher order and even a single aberration is not permitted(27.02.2020)
Present writ petitions have been filed by two erstwhile judicial officers who were members of the judicial service in the State of Jharkhand and are d.....
Tags : Compulsory retirement, Public interest, Legality
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Supervisory jurisdiction is not available to correct errors of facts or of law unless errors are manifest and apparent on face of proceedings(25.02.2020)
Present petition challenges the order passed by the Trial Court in Eviction Petition under Section 14 (1) (e) and 25(B) of the Delhi Rent Control Act,.....
Tags : Bonafide need, Eviction, Legality
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A condition for clearance of dues cannot be termed as unreasonable or arbitrary(01.06.2020)
The Respondent is an auction-purchaser of a unit owned by SB Beverages Private Limited, which failed to pay its dues, resulting in the auction by Synd.....
Tags : Demand, Quashing, Legality
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Power under Section 482 of CrPC cannot be exercised where the allegations are required to be proved in Court of law(01.06.2020)
The Respondent/complainant filed a complaint under Section 14 and 14 (a) read with Para 76 (D) and Para 78 (3) of the Employees Provident Fund Scheme,.....
Tags : Revisional challenge, Bar, Legality
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When schools are providing education online in view of present situation of COVID 19, parents could not be exempted from paying fees(24.04.2020)
The prayer clause in present writ petition is for issuance of an order or direction to the Respondents to further direct the schools, not to charge th.....
Tags : Tuition fees, Charging of, Legality
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Bar under Order 23 Rule 3A of CPC to challenge a compromise decree in a separate suit applies to the stranger also(06.05.2020)
The question arises in the appeal for consideration is as to whether the decree passed on a compromise can be challenged by the stranger to the procee.....
Tags : Compromise decree, Bar, Legality
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Notice under Section 148 of IT Act cannot be issued to dead person(16.07.2020)
Present writ petition had been filed seeking a direction to the Respondent to quash the notice dated 31st March, 2019 issued to the deceased-assessee .....
Tags : Legal representative, Notice, Validity
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Period of limitation for initiation of CIRP under Section 7 of the IBC is three years from the date when right to apply accrues(14.08.2020)
Present appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) is directed against the judgment and order passed by the National Co.....
Tags : Commencement, CIRP, Legality
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If Assessee has reasonable cause for non-filing of Income Tax Return, penalty is unsustainable(10.08.2020)
Present two appeals arise out of the orders passed by CIT(A), confirming penalty imposed under Section 271F of the Income-tax Act, 1961 ( IT Act) in r.....
Tags : Penalty, Imposition, Legality
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Competent authority being a creature of the statute cannot act beyond its statutory jurisdiction(02.09.2020)
The Appellant is aggrieved by the order of the High Court affirming the demand by Respondent No. 1 for Rs. 51,97,196 plus interest, penalty and recove.....
Tags : Demand, Confirmation, Legality
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Litigants cannot directly approach High Court by overlooking jurisdiction of Central Administrative Tribunal(13.07.2020)
The legal controversy that arises for consideration is the maintainability of the present petition before present Court. Petitioner successfully quali.....
Tags : Appointment, Legality, Jurisdiction
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Clandestine removal has to be established beyond doubt by adducing strong, sufficient and positive evidence and burden of proving the same is on Department(13.07.2020)
In facts of present case, the Appellant was issued a show cause notice proposing the recovery of excise duty amounting to Rs. 7,61,199 alongwith the d.....
Tags : Demand, Confirmation, Legality
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Where Assessing Officer has accepted a particular contention/issue without any enquiry or evidence, the order is erroneous(03.08.2020)
Present appeal preferred by the Assessee emanates from the order of the learned principal Commissioner of Income Tax-1, for the assessment year 2014-1.....
Tags : Revisionary jurisdiction, Erroneous, Legality
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False answers offered by Accused in examination under Section 313 of CrPC can be used against him(15.09.2020)
Present appeal is filed by the sole Accused aggrieved by the judgment of conviction and further order of sentencing the Appellant, passed by the High .....
Tags : Conviction, Sentence, Legality
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Where delinquent chooses not to participate in proceedings in spite of opportunity being granted, he is estopped from raising the plea of non-compliance of the principles of natural justice(21.08.2020)
The Petitioner has assailed the order whereby the District & Sessions Judge, has dismissed the Petitioner from service with effect from 1st June, 2002.....
Tags : Punishment, Dismissal, Legality
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Right to form association or union is subject to reasonable restriction in the interest of sovereignty or integrity of India, public order and morality(14.09.2020)
The Plaintiff is the Nuclear Power Corporation of India Limited located within the campus of Madras Atomic Power Station at Kalpakkam. It is a Governm.....
Tags : Agitation, Injunction, Legality
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Financier remains owner of goods which are subject of Hire Purchase Agreement until hirer pays all instalments(01.10.2020)
Present appeal is against an order passed by the National Commission, dismissing Revision Petition, filed by the Appellant [the Financier], under Sect.....
Tags : Compensation, Direction, Legality
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A stranger to agreement cannot be impleaded as a party so as to convert a suit of one character into a suit of different character(11.09.2020)
Petitioner has assailed the order passed by the Additional Civil Judge vide which the application under Order 1 Rule 10 read with Section 151 of Code .....
Tags : Legal right, Litigation, Impleadment
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Mere suspicion could not be a ground to invoke jurisdiction under Section 263 of IT Act(11.09.2020)
By way of present appeal, the Assessee contest correctness of revisional jurisdiction under Section 263 of Income Tax Act, 1961 (IT Act) as exercised .....
Tags : Suspicion, Jurisdiction, Legality
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Case of abetment made out only if accused instigates a person either by act of omission or commission(01.10.2020)
Present Appeal challenges the judgment and order of the High Court whereunder, the Criminal Appeal of the convicted Appellant was dismissed and the ju.....
Tags : Abetment, Conviction, Legality
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Commission is not empowered to enquire into any complaint not falling within its jurisdiction(28.09.2020)
The Petitioner prayed for issuance of writ of mandamus declaring the impugned order passed by Respondent No. 's 1 and 2 as null and void, as the same .....
Tags : Complaint, Jurisdiction, Legality
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If the delay is properly explained and no third party rights are being affected, the writ court under Article 226 of the Constitution may condone the delay(06.11.2020)
The Appellant is aggrieved by indefinite order of blacklisting. The High Court dismissed the writ petition in limine, only on the ground of delay, as .....
Tags : Blacklisting order, Legality, Delay, Condonation
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If the invoice issued by manufacturer contains details of Assessee as consignee, they are entitled to Cenvat credit even if the buyer is unregistered(09.11.2020)
The facts of the case in brief are that, the Appellant is engaged in the manufacture of Pully, Belt Conveyor, parts and components of Conveyor System......
Tags : Demand, Confirmation, Legality
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If transaction of payment of rent is not found bogus then disallowance of expenditure under Section 40A(2)(b) of IT Act is not warranted(27.11.2020)
The assessee filed its return of income for the assessment year under consideration under Section 139(1) of the Income Tax Act, 1961 declaring total i.....
Tags : Assessment, Disallowance, Legality
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Prescription of qualification for a post is a matter of recruitment policy, judicial review cannot expand upon the ambit of prescribed qualifications to decide equivalence thereof(13.10.2020)
Present two Letters Patent Appeals arise from the judgment and order passed in writ petition, whereby the learned Writ Court, while holding that the c.....
Tags : Appointment, Direction, Legality
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Measure of punishment should be proportionate to gravity of offence, to protect society and to deter criminal in achieving avowed object of law(24.01.2019)
Present Criminal Appeal has been filed by convict Appellant against judgment passed by Additional Sessions Judge/Special Judge related with Case Crime.....
Tags : Conviction, Legality, Circumstantial evidence
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Petition under Section 482 of CrPC filed by a person unconnected with proceedings cannot be ordinarily entertained by High Court(16.12.2020)
Present appeal has been filed questioning the order passed by the High Court in application under Section 482 of Code of Criminal Procedure, 1973 (CrP.....
Tags : Third party, Locus standi, Legality
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Burden is upon the Assessee to prove identity of the creditor, creditworthiness of the creditors and genuineness of the transaction(23.09.2020)
The Assessee is a company and filed return of income showing loss of Rs.35,53,560. The Assessing Officer, (AO) noted that, in assessment year under ap.....
Tags : Genuineness, Transaction, Deletion, Legality
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Cancellation of the written examination by the Selection Committee is an administrative decision and the Court should not ordinarily interfere(13.10.2020)
Petitioners have approached this Court praying to declare cancellation of entire selection for the post of Forest Guard in the absence of any material.....
Tags : Written examination, Cancellation, Legality
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When there are definite evidence proving an incident and eyewitness account prove the role of accused, absence of motive does not affect the prosecution case(09.09.2020)
The original accused has preferred the present appeal dissatisfied with the impugned judgment and order passed by the High Court by which the High Cou.....
Tags : Conviction, Sentence, Legality
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IBC is not a substitute to a recovery forum and whenever there is existence of real dispute, the IBC provisions cannot be invoked(04.09.2020)
The present appeal has been preferred by Kuntal Construction Pvt. Ltd. ('Operational Creditor') under Section 61 of the Insolvency & Bankruptcy Code 2.....
Tags : CIRP, Initiation, Legality
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Interest can be capitalized only in respect of capital assets purchased out of borrowed funds(04.09.2020)
The revenue has filed present appeal challenging the decision rendered by Learned CIT(A) in respect of disallowance of interest expenditure made by th.....
Tags : Interest, Disallowance, Legality
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Blank cheque leaf would attract presumption under Section 139 of the Negotiable Instruments Act, 1881, when signatures are admitted by the Accused(10.02.2021)
Appellant No. 1 and its managing partner(Appellant No. 2) are in appeal challenging the judgment passed by the High Court, whereby the order of acquit.....
Tags : Cheque bounce, Conviction, Legality
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Mere inclusion of candidate in a selection list does not confer upon them a vested right to appointment(07.10.2020)
In facts of present case, on 27 January 2013, a notice was published in the newspapers for filling up 523 vacancies for the post of ‘Constable (Execut.....
Tags : Appointment, Direction, Legality
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When cause of provocation was sudden, without premeditation, case falls under Exception 4 of Section 300 of IPC(09.02.2021)
The challenge in the present appeal is to an order passed by the High Court whereby an appeal against the judgment of conviction and the order of sent.....
Tags : Conviction, Sentence, Legality
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If the disciplinary authority accepts the findings recorded by the Enquiry Officer and passes an order, no detailed reasons are required to be recorded in the order imposing punishment(08.02.2021)
Issue in present case is relating to confirmation of the order of compulsory retirement in disciplinary proceedings initiated against the Appellant. L.....
Tags : Disciplinary proceedings, Punishment, Legality
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Where the value declared in the return of income has been accepted by the Assessing officer, there cannot be any basis for levy of penalty for concealment of income(15.02.2021)
Present is an appeal filed by the assessee against the order of Learned CIT(A). The only effective ground of appeal relates to levy of penalty under S.....
Tags : Penalty, Levy, Legality
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Mere deficiencies in investigation can't be basis for concluding bias by Investigating Officer(26.10.2020)
Present Criminal Appeals have been preferred against a common judgment of the High Court by which the appellants’ acquittal under Section 20 of the Na.....
Tags : Acquittal, Reversal, Legality
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Evidence of attorney is acceptable, where the affairs of a party are looked after by an attorney or a close family member(26.10.2020)
Present civil revision petition has been preferred by the Petitioner-tenant against the orders passed by the Authorities below ordering his ejectment .....
Tags : Ejectment, Deposition, Legality
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Wrong availing of input tax credit exceeding Rs. 5 crores is a cognizable and non-bailable offence(08.02.2021)
The Petitioner has approached present Court claiming that, his arrest under the provisions of the Central Goods and Services Tax Act, 2017 ("the CGST .....
Tags : Arrest, Authorization, Legality
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Revision proceedings shall lie if the assessment order is erroneous and prejudicial to the interests of revenue(09.10.2020)
The assessee has filed present appeal challenging the revision order passed by Learned Principal Commissioner of Income Tax, New Delhi under Section 2.....
Tags : Assessment, Revision proceedings, Legality
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Default bail granted erroneously can be cancelled by high court under Section 439(2) of Cr.PC(20.11.2020)
Present appeals have been filed against the common judgment of the High Court in Criminal Petition filed by the Respondent before the High Court. By t.....
Tags : Bail, Cancellation, Legality
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Consent of minor is of no defence to charge of kidnapping(12.01.2021)
The Appellant impugns the judgment pronounced by the High Court by which his conviction under Section 376 of the Indian Penal Code, 1860 (IPC) was ove.....
Tags : Conviction, Sentence, Legality
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When assessee proves business/commercial expediency, disallowance under Section 40A(3) of IT Act is unwarranted(18.11.2020)
The assessee is a partnership firm engaged in the business of manufacturing and fabrication of machine components. The assessment under Section 143(3).....
Tags : Disallowance, Additions, Legality
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Admissions to Medical Colleges cannot be permitted to be made beyond the sanctioned annual intake capacity of a medical college(07.12.2020)
The Respondent no. 1 had applied for postgraduate course in surgery at the Respondent no. 2 after securing a rank in National Eligibility cum Entrance.....
Tags : Direction, Admission, Legality
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The revised return of income filed within the prescribed time limit replaces the original return of income(08.12.2020)
The assessee has filed present appeal challenging the order passed by learned Commissioner Of Income Tax (CIT(A)). The assessee is challenging the dis.....
Tags : Assessment, Disallowance, Legality
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No additions could be based merely on doubts, conjectures or surmises(03.12.2020)
The assessee being resident corporate assessee is stated to be engaged in civil construction. It was assessed for year under consideration under Secti.....
Tags : Assessment, Additions, Legality
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Burden is on the person who seeks an amendment after commencement of the trial to show that, inspite of due diligence, the amendment could not have been sought earlier(21.12.2020)
In present case, the suit is instituted for granting a decree of declaration that, the Plaintiff has got absolute title, ownership and possession over.....
Tags : Plaint, Amendment, Legality
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Levy of additional costs for carry bags at payment counter without prominent prior notice is unfair trade practice(22.12.2020)
The short point involved in present case is relating to charging additional cost for carry bags, to carry the goods purchased by the Complainant, has .....
Tags : Carry bags, Additional cost, Legality
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“Right to sue" accrues when a default occurs and if the default has occurred over three years prior to the date of filing of the Application, the Application would be barred(14.10.2020)
Present Appeal emanates from the Impugned Order passed by the Adjudicating Authority, whereby the Adjudicating Authority has admitted the Application .....
Tags : Initiation, CIRP, Legality
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When Circulars are issued by the DGCA to ensure public safety, the right to life guaranteed by the Constitution is not violated as same is subject to restrictions(16.10.2020)
Present writ petitions have been filed by the respective Petitioners challenging the Breath Analyzer examination of the personnel engaged in Aircraft .....
Tags : Fundamental rights, Circular, Legality
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Fixing Minimum Support Price is a policy decision which cannot be interfered with by the Court, unless arbitrary(19.10.2020)
Petitioner prayed for issuance of writ in the nature of writ of mandamus directing the Respondents to henceforth immediately and expeditiously procure.....
Tags : MSP, Fixation, Legality
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Mere suppression of facts is not sufficient to invoke extended period; there should be some positive Act on part of noticee to evade payment of duty(06.04.2021)
The Appellants, M/s. Bharti Airtel Ltd., are providers of taxable service under the category of Telephone/Telecommunications Services; an audit conduc.....
Tags : Extended period, Invocation, Legality
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Process of reassessment cannot be triggered on a mere suspicion(26.03.2021)
Present writ petition is directed against notice dated 31st March, 2018, issued under Section 148 of the Income Tax Act, 1961 (IT Act) and the sanctio.....
Tags : Notice, Issuance, Legality
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Statement of the accused recorded under Section 313 of CrPC is not a substantive evidence of defence to rebut the presumption under Section 139 of the NI Act(09.03.2021)
The Appellant is aggrieved by the judgment passed by the High Court holding the Appellant guilty of offence under Section 138 of the Negotiable Instru.....
Tags : Cheque bounce, Conviction, Legality
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No penalty shall be imposable on the persons or the assessee, if he proves that there was a reasonable cause for failure referred in Section 271 D of IT Act, 1961(10.03.2021)
In facts of present case, the assessee filed return of income declaring income of Rs. 2,30,000 plus agricultural income of Rs. 1,10,000 was filed on 3.....
Tags : Penalty, Levy, Legality
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Scope of judicial review in contractual matters is very limited and except in cases of arbitrariness, mala fides, etc., interference is uncalled for(29.03.2021)
The order of Government revoking the award of contract to the Petitioner is under challenge in present Writ Petition. The Petitioner has sought for a .....
Tags : Tender, Conditions, Legality
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Ownership of goods is immaterial for the purpose of fixing duty liability(13.01.2021)
Present Appeal has been filed against confirmation of demand of Central excise, Interest and Imposition of Penalty. Learned Counsel for the Appellant .....
Tags : Demand, Confirmation, Legality
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Tender Evaluation Committee can reject the bid, if there is a clear non-compliance of a mandatory condition(19.01.2021)
The Petitioner has preferred the present writ petition seeking for Issuance of a writ thereby quashing the impugned order/decision dated 3rd April, 20.....
Tags : Bid, Rejection, Legality
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Power to award fixed term sentences without remission is available only with the High Court and Supreme Court(01.04.2021)
Present appeal has been filed under Section 374 of the Code of Criminal Procedure, 1973 (CrPC) by the convict Appellant against the judgment of senten.....
Tags : Conviction, Sentence, Legality
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Expenditure incurred towards membership fee paid by company is allowable as revenue expenditure(19.01.2021)
Present appeal filed by the assessee is directed against the order passed by the Learned Commissioner of Income Tax [CIT(A)]. The only effective groun.....
Tags : Assessment, Additions, Legality
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Using any thrasher affixed to the vehicle, will be treated as use of the vehicle (tractor) and as tractor was insured, insurance company is liable to pay compensation(01.03.2021)
This Misc. Appeal under Section 173(1) of Motor Vehicles Act, 1988 has been preferred by the Appellant-Insurance Company, assailing the Award passed b.....
Tags : Award, Compensation, Legality
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Concealment involves penal action; it has to be proved as a conscious act(05.03.2021)
Furnishing of inaccurate particulars of income cannot attract the provisions of penalty under Section 271 (1)(c) of IT Act
The present appeal.....
Tags : Penalty, Deletion, Legality
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Any material collected at the back of the assessee cannot be read in evidence against the assessee(13.05.2021)
Present appeal by Assessee has been directed against the Order of the Learned Commissioner of Income Tax CIT(A) challenging the reopening of the asses.....
Tags : Assessment, Additions, Legality
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Entire waiver of pre-deposit for filing appeal before DRAT under Section 21 of the Recovery of Debts and Bankruptcy Act, 1993 is impermissible(16.02.2021)
The Appellant is before present Court assailing the order whereby the High Court has permitted Respondents No. 1 and 2 to prosecute the appeal before .....
Tags : Pre-deposit, Waiver, Legality
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Once a resolution plan is duly approved by Adjudicating Authority under Section 31 of IBC, the claims shall stand frozen and will be binding on Corporate Debtor and its employees(12.05.2021)
Present Appeal emanates from the Order, passed by the National Company Law Tribunal, whereby the Adjudicating Authority/NCLT approved the Resolution P.....
Tags : Resolution Plan, Approval, Legality
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If the falsity, forgery, fabrication of documents is pleaded then a proper issue in respect thereof needs to be framed(16.02.2021)
Present is a petition filed under Article 227 of the Constitution of India 1950, by the Original Defendant in Civil Suit assailing the order passed by.....
Tags : Additional issue, Framing of, Legality
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A prima facie case has to be made out for mandatory injunction to be granted at interim stage(11.07.2019)
Present appeal by the Defendant is directed against the order passed by the learned Single Judge whereby, the Appellant was restrained from infringing.....
Tags : Infringement, Injunction, Legality
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Unless the declaration filed by a manufacturer is found to be untrue or false, no demand for additional duty can be raised(17.06.2021)
The issue in present appeal is whether demand for differential duty can be raised on assumptions and presumptions under the Chewing and Unmanufactured.....
Tags : Demand, Differential duty, Legality
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To fault a decision of the employer, there must be a case of either perversity in the decision or a colourable exercise on part of employer(08.06.2021)
The Petitioner challenges the impugned award of contract to Respondent Nos. 4 and 5 by denying opportunity to the Petitioner. It is, submitted that th.....
Tags : Tender, Award, Legality
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An importer is entitled to avail cenvat credit on inputs, if the importer is registered in terms of the provisions of Central Excise Rules(17.06.2021)
The issue in present appeal is whether the Appellant have rightly taken credit of service tax on port charges etc. in the facts that they had purchase.....
Tags : Cenvat credit, Penalty, Legality
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Once Superior Officer approves closure, It is not open for officer inferior in rank to direct re-investigation of case(04.06.2021)
Through the instant petition, the Petitioner has challenged order issued by the Superintendent of Police, /Respondent No.3 whereby the said Respondent.....
Tags : FIR, Reinvestigation, Legality
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Mere fact that, Petitioners did not pay the money to complainant does not amount to criminal breach of trust(07.06.2021)
The present Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure, 1973 (CrPC), to call for the records relating to the .....
Tags : Misappropriation, Prosecution, Legality
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No penalty could be levied on an assessee for a mere technical venial breach(11.06.2021)
Present appeal arises out of the order by the learned Commissioner of Income Tax (Appeals), in the matter of imposition of penalty under Section 272A(.....
Tags : Penalty, Imposition, Legality
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Amount of investment which yielded exempt income alone should be taken into consideration for purpose of arriving at average value of investment(08.06.2021)
In facts of present case, the Appellant is a Company incorporated under the Companies Act, 1956 and engaged in the business of investment in shares an.....
Tags : Assessment, Disallowance, Legality
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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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Mere suspicion without any evidence on record could not be the basis for making an addition to income under Section 69 of IT Act(30.04.2021)
The instant appeal filed by the Revenue is directed against the order passed by the Commissioner of Income Tax (Appeals) arising out of the order pass.....
Tags : Assessment, Additions, Legality
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Past history of assessee is a proper and reasonable guideline for estimation of income after rejection of books of account(15.07.2021)
The only issue arises in this appeal of the assessee is regarding addition made by Assessing Officer by applying net profit rate of 7% as against net .....
Tags : Assessment, Addition, Legality
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Unless the fees is for provision of information/data, the arrangement cannot fall under OIDAR for levy of service tax(05.07.2021)
Appeals have been filed to assail the order by which the two show cause notices have been adjudicated upon and service tax amounting to Rs. 2,02,31,14.....
Tags : Demand, Confirmation, Legality
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When Joint Commissioner recorded satisfaction in a mechanical manner to accord sanction for issuing notice under section 148 of IT Act, reopening of assessment was invalid(16.04.2021)
The assessee is a private limited company and filed its return of income, declaring income of Rs.42,396. In present case, information was received fro.....
Tags : Additions, Assessment, Legality
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When land is agricultural land, no tax is payable, when the compensation/enhanced compensation is received by assessee(16.04.2021)
The assessee is agriculturist, his land was acquired by the Government and he received total compensation of Rs. 2,56,29,932 from land acquisition off.....
Tags : Assessment, Additions, Legality
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Exemption of excise duty would be applicable to NCCD also, as same is surcharge(26.06.2019)
The issue involved in the present appeal is that, the Appellant has not paid National Calamity Contingent Duty on Polyster Filament Yarn during the pe.....
Tags : Demand, NCCD, Legality
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In the absence of any new tangible material, the case could not be reopened on mere change of opinion(01.06.2021)
The material facts are that, the assessee being resident corporate assessee stated to be engaged in power generation, real estate, securities etc. was.....
Tags : Escapement, Income Reassessment, Legality
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Where the police fails in its duty to register and investigate a cognizable offence, the aggrieved person may file a complaint before concerned Magistrate(19.04.2021)
The present petition has been preferred under Article 227 of the Constitution of India, 1950 read with Section 482 of Code of Criminal Procedure, 1973.....
Tags : FIR, Cognizance, Legality
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If there is a legal dispute which involved interpretation of law, mala-fide intention with intent to evade payment of service tax cannot be attributed to the assessee(19.04.2021)
The brief facts of the case are that, the Appellants were engaged in supply of manpower to various industrial organizations as per the arrangements wi.....
Tags : Demand, Confirmation, Legality
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If loan or advance is given by Company to a shareholder for further consideration which is beneficial to the Company, such advance or loan cannot be said to be deemed dividend(23.04.2021)
Present appeal filed by the assessee is directed against the order of learned Commissioner of Income Tax (Appeals). The grounds raised by the assessee.....
Tags : Assessment, Additions, Legality
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CIT(A) is obligated to state points for determination in appeal before him, the decision thereon and the reasons for determination(22.04.2021)
The assessment in the case of the assessee was framed by Assessing Officer (AO) under Section 143(3) read with Section 144 of the Income Tax Act, 1961.....
Tags : Assessment, Additions, Legality
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Activity of Freight Forwarding per se is not includible in CHA Services(26.07.2021)
The present appeal is directed against the impugned order passed by the Commissioner of Service Tax, confirming the demand of service tax of Rs. 84,81.....
Tags : Demand, Confirmation, Legality
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When bail is granted, an appellate Court must be very slow to interfere(14.06.2021)
The present petition under Section 482 of Code of Criminal Procedure, 1973 (CrPC) is directed against the order whereby the learned Metropolitan Magis.....
Tags : Bail, Grant, Legality
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Mere fact that landlords own an another residential house within the city limit does not prohibit landlords to claim eviction of an independent house for their own use and occupation(18.06.2021)
Present Petition has been filed under Order 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 is against the order passed by trial Cou.....
Tags : Eviction, Bonafide need, Legality
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In the absence of any other method prescribed under the Rules concerned, change of leader has to be in the same democratic process of induction(01.09.2021)
The Appellant has approached present Court being aggrieved by the judgment and order passed by the High Court, thereby dismissing the writ petition ch.....
Tags : Appointment, Procedure, Legality
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Court has no discretion to vary the amount required to be deposited before entertaining the application under Section 34 of Arbitration Act(02.09.2021)
In facts of the present case, the parties were engaged in commercial business transactions relating to purchase of readymade denims and shirts by the .....
Tags : Pre-deposit, Direction, Legality
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When the notification is very clear, there is no scope for entertaining any interpretation(31.08.2021)
The Appellant is engaged in the manufacture of cookies, biscuits, cakes, chocolates, sugar confectionaries; appellant was availing exemption under 8/2.....
Tags : Demand, Confirmation, Legality
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Prosecution of a remedy before the Consumer Forum is a valid ground to invoke and apply the provisions of Section 14 of Limitation Act(23.06.2021)
The present appeal challenges the concurrent findings rendered by the Courts below, holding that Section 14 of the Limitation Act, 1963 was not applic.....
Tags : Specific performance, time barred, Legality
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An entity which is misusing the status conferred upon it by Section 12AA of IT Act is not entitled to retain and enjoy said status(02.08.2021)
Present appeal challenges the judgment passed by the High Court setting aside (i) the order passed by Commissioner of Income Tax (Exemption) (“CIT”) c.....
Tags : Registration, Cancellation, Legality
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Unexplained delay in disposal of the representation made on behalf of the detenu is sufficient to set aside detention order(02.08.2021)
The Petitioner is the mother of the detenu. The detenu has been detained by the second Respondent holding him to be a "Goonda", as contemplated under .....
Tags : Procedural safeguards, Detention, Legality
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Once the borrowed funds were utilized for business purposes, interest paid on same becomes an allowable deduction under Section 36(i)(iii) of the IT Act(02.08.2021)
Present appeal arises out of the order by the learned Commissioner of Income Tax (Appeals). The ground raised by the assessee is with regard to challe.....
Tags : Disallowance, Interest, Legality
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When the loans are given to Nominal Members and relevant State Act includes, 'Nominal Member' under purview of 'Member', benefit under Section 80P(2)(a)(i) of IT Act cannot be denied(21.06.2021)
The assessee is a Co-operative society registered under the Maharashtra Co-operative Societies Act, 1960 ('the Maharashtra Act'). It is engaged in pro.....
Tags : Deduction, Denial, Legality
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The issues of assessment cannot be considered at the time of grant of registration(26.07.2021)
Present is an appeal filed by the assessee against the order of the Learned Commissioner of Income Tax (Exemption), ['the CIT (Exemption)]') under Sec.....
Tags : Registration, Denial, Legality
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Expression "Use of the vehicle" can be attracted even where the vehicle is stationary(04.10.2021)
The Appellant-Insurance Company is challenging the judgment and award passed by the Motor Accident Claims Tribunal, Mumbai ('Tribunal'). By the impugn.....
Tags : Accident, Award, Legality
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Rules are constitutionally valid as framed with an object to curb filing of frivolous public interest litigations or petitions with oblique motive at initial stage itself(11.11.2019)
The Petitioner, who is a practising Advocate of present Court has filed present writ petition under the head of 'Public Interest Litigation'. The cas.....
Tags : Fees, Deposit, Requirement, Legality
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Specific role of the accused is not required in granting prior approval under Section 24(1)(a) of the Act, 2000, if material collected by the Investigating Agency reveals close nexus with the accused(21.10.2021)
Present appeals emanate from the judgment passed by the High Court whereby the High Court partly allowed the writ petition and quashed the order issue.....
Tags : Chargesheet, Quashing of, Legality
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Arbitration tribunal cannot pass an ex-parte order on mere filing of an interim application as the Arbitration Act mandates sufficient advance notice for any hearing(13.10.2021)
Present is an appeal filed under Section 37 of the Arbitration and Conciliation Act,1996 (Arbitration Act) assailing an ex-parte order passed by the l.....
Tags : Ex-Parte order, Legality
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High Court cannot dismiss the second appeal in limine without assigning any reasons for its conclusion(29.11.2021)
Present appeal is preferred against the order passed by the High Court in Regular Second Appeal whereby the High Court had dismissed the appeal in lim.....
Tags : Appeal, Dismissal, Legality
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Lack of care and caution on the part of an employer in detecting the fraud could act as acquiescence and as a consequent waiver of irregularity in certain cases(01.12.2021)
Present application is directed against a judgment and order passed by the Learned Central Administrative Tribunal, thereby affirming an order issued .....
Tags : Dismissal, Affirmation, Legality
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Courts exercising judicial review cannot second guess the suitability of a candidate for any public office or post(25.08.2021)
The Commissioner of Police, Delhi (“the Appellant”) is in appeal, aggrieved by a common judgment of the High Court by which the Respondents (“candidat.....
Tags : Appointment, Direction, Legality
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Mere handing over of currency notes not illegal gratification(12.04.2016)
Merely handing over money to a government official is insufficient to establish illegal gratification in the absence of proof of demand, the Supreme C.....
Tags : Illegal gratification, proof of demand
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Assessee is duty bound to record stock of finished goods(06.12.2021)
In facts of present case, the officers have visited the factory of the appellant and carried out the physical stock taking wherein, they found the exc.....
Tags : Excess stock, Penalty, Legality
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Waiver of loan amount cannot be brought to tax as same is on capital account and not in the nature of income(24.08.2021)
In facts of present case, the assessee is a limited company engaged in manufacturing and trading of PVC Foam sheets. The assessee has e- filed return .....
Tags : Assessment, Addition, Legality
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Notes of HSN can be relied upon to decide the classification(04.10.2021)
The Appellant is a manufacturer of medical and dental equipment and furniture and is registered with Central Excise department. Its records were audit.....
Tags : Demand, Confirmation, Legality
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Requirement of deposit of 75% of the awarded amount as a pre- deposit is mandatory(08.10.2021)
Present appeal is against the impugned judgment and order passed by the High Court, by which the High Court confirmed the order passed by the learned .....
Tags : Pre-deposit, Condition, Legality
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NCLT or NCLAT are not empowered under IBC, 2016 to reverse commercial decision of CoC(05.02.2019)
Appeals was against impugned order of NCLAT and High Court dismissing appeal filed by Appellant observing that, requirement of approval of resolution .....
Tags : Rejection, Resolution plan, Legality
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Only on the basis of statement of third party, no demand could be made(06.01.2022)
The Appellant is engaged in the manufacture of M.S. Ingots, which are dutiable and is registered with the Department. The Appellant has been making re.....
Tags : Demand, Penalty, Legality
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A motor accident claim petition does not abate even after the death of the injured claimant(16.08.2021)
The original claimant was severely injured in a motor accident on 2nd May, 1999. He filed a claim for compensation under Section 166(1)(a) of the Moto.....
Tags : Enhancement, Compensation, Legality
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Fraudulent practice to gain public employment cannot be permitted by a Court of law(07.09.2021)
Present appeal has been preferred by the Management against the judgement whereby, the Division Bench of the High Court of Jharkhand had set aside the.....
Tags : Employment, Direction, Legality
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While granting bail, the Court has to keep in mind not only the nature of the accusations, but the severity of the punishment(16.08.2021)
Present is a petition under Section 439 of Code of Criminal Procedure, 1973 (CrPC) for grant of regular bail in Sessions Case registered at Narcotics .....
Tags : Bail, Rejection, Legality
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Retrospective provision in a taxing Act which is "for the removal of doubts" cannot be presumed to be retrospective, if it alters or changes the law as it earlier stood(14.10.2021)
The assessee has filed present appeal challenging the order passed by Learned Commissioner of Income Tax [CIT(A)], National Faceless Appeal Centre and.....
Tags : Assessment, Disallowance, Legality
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Public servant should have disobeyed any directions of law with intention to save any person from legal punishment in order to make out offence under Section 217 of IPC(26.11.2019)
Present appeals arise out of the judgment and order passed by the High Court by which the High Court set aside the order of acquittal passed by the Pr.....
Tags : Acquittal, Reversal, Legality
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'Ponds' are a public utility meant for common use and could not be allotted or commercialised(25.11.2019)
The instant statutory appeal has been preferred under Section 22 of the National Green Tribunal Act, 2010 ("NGT Act") against the order of the Princip.....
Tags : Allotment, Ponds, Legality
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Refusal to renew dealership of Informant resulting in pecuniary loss does not raise any competition concern, even if, dealership termination has proved advantageous to dealers of Opposite Party(25.11.2019)
Present appeal arises out of order passed by the Competition Commission of India ('CCI') under Section 26(2) of the Competition Act, 2002 in Case wher.....
Tags : Information, Closure, Legality
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Where the assessee is prevented by sufficient reasonable cause for obtaining a tax audit report, the penalty shall not be levied(03.11.2021)
The Appellant is a co-operative society registered under the provisions of Maharashtra Co-operative Societies Act, 1960. The Appellant society is enga.....
Tags : Penalty, Levy, Legality
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Mere failure to enclose a copy of Notification could not be a ground for denial of relief(23.01.2020)
The Appellant, during the year 1993 imported 96 tons of the chemical "Acetic Anhydride" under three Bills of Entry through the Inland Water Container .....
Tags : Import, Demand, Legality
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Benefit extended under Customs Act waiving customs duty cannot be taken as waiver of sales tax under state and central laws(21.01.2020)
The admitted factual position in the present cases is that, after importing foreign made cigarettes, the Appellants stored the same in the customs bon.....
Tags : Sales tax, Levy, Legality
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Mere raising of certain claim in the suit and fact that issues require determination before trial court does not give a blanket right to the Plaintiff to claim the interim relief in the suit(27.12.2021)
The Appellant through the medium of the present appeal seeks setting aside of order passed by the learned Court of Principal District Judge, whereby t.....
Tags : Legal possession, Interim relief, Entitlement
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Mutation Entry Does Not Confer Any Right, Title Or Interest In Favour Of Any Person(06.09.2021)
The original Respondent No.6 has preferred the present special leave petition feeling aggrieved with the impugned judgment and order passed by the Hig.....
Tags : Mutation, Revenue records, Legality
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Without serving enhancement notice, it is settled position of law that, no enhancement can be made by the CIT(A)(11.10.2021)
In facts of present case, the assessee is an individual. For the assessment year 2012-2013, the return of income was filed declaring total income of R.....
Tags : Assessment, Addition, Legality
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Exemption under Section 11 of IT Act can be availed by institutions which are genuinely engaged in 'charitable activities’(16.08.2021)
Present appeal of the assessee society is directed against the order passed by the CIT(E), Chandigarh whereby he rejected the application filed for re.....
Tags : Registration, Rejection, Legality
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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
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There has to be some concrete evidence which would show clandestine manufacture of goods(27.12.2021)
The Appellants are engaged in the manufacture of copper ingots. A show cause notice was served upon the Appellant proposing the recovery of amount of .....
Tags : Demand, Confirmation, Legality
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Rule Or Law Cannot Be Construed As Retrospective Unless It Expresses A Clear Or Manifest Intention To The Contrary(06.09.2021)
The State of Kerala, is aggrieved by the judgement of the High Court, which allowed the Respondent’s -("the licensee") writ petition -whereby he claim.....
Tags : Demand, Quashing, Legality
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Power of attorney holder of a financial creditor who has been given authorisation can file an application under Section 7 of IBC on behalf of it(30.09.2021)
Respondent No. 2 filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) which was admitted by the National Company Law.....
Tags : Authorisation, Grant, Legality
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Credit on Outdoor Catering Service to the extent of contribution of services charges borne by the employee is not Cenvatable(03.09.2021)
The issue involved in the present case is that whether the Appellant is liable to pay interest on the Cenvat credit availed on the contribution of ser.....
Tags : Demand, Interest, Legality
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Payments made by the non-resident company, cannot be considered as "royalty payments" and do not give rise any income chargeable in India under Indian IT Act(03.09.2021)
The Assessee herein is an Indian company. The AO noticed that the Assessee has made payments to M/s Face Ireland Ltd towards advertisement charges. Th.....
Tags : Assessment, Deduction, Legality
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Retrospective seniority cannot be claimed from a date when an employee is not even borne in service(28.09.2021)
Present appeal is directed against the judgment and order of the High Court. The issue to be answered here is whether the Respondent is entitled to cl.....
Tags : Seniority, Grant, Legality
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When the notice issued by the AO is vague and ambiguous, the penalty proceedings initiated under Section 271(1)(c) of IT Act are not sustainable(13.08.2021)
In facts of present case, on the basis of assessment framed under Section 143(3) of Income Tax Act, 1961, penalty proceedings have been initiated for .....
Tags : Assessment, Penalty, Legality
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Payments made for acquiring right to use product itself, without allowing any right to use the copyright in the product are not covered with the scope of 'Royalty'(14.12.2021)
The Appellant Company is a business corporation incorporated in USA and engaged in the business of providing information products and services contain.....
Tags : Assessment, Addition, Legality
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Judicial re-writing of a statutory rule is unwarranted in the exercise of the jurisdiction under Article 226 of the Constitution, particularly in interlocutory proceedings(27.09.2021)
Present appeals arise from an interim order of a Division Bench of the High Court in a batch of petitions. The writ petitions have been instituted bef.....
Tags : Rule, Interim order, Legality
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Where initiation of penalty is one limb and the levy of penalty is on other limb, then in the absence of proper show cause notice to the assessee, there is no merit in levy of penalty(27.09.2021)
Assessee is an individual stated to be engaged in the business of financial services and facilitates loans to various clients from financial instituti.....
Tags : Assessment, Penalty, Legality
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Candidate has to comply with all the conditions/eligibility criteria as per the advertisement before the cut-off date mentioned therein unless extended by recruiting authority(16.12.2021)
The Appellants have preferred the present appeal against the impugned judgment passed by the Division Bench of the High Court by which, the Division B.....
Tags : Appointment, Direction, Legality
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Commercial wisdom of the CoC expressed after due deliberation has to be given weight(21.12.2021)
Present Appeal has been filed by an Unsuccessful Resolution Applicant challenging the order of the Adjudicating Authority by which the Adjudicating Au.....
Tags : Resolution plan, Approval, Legality
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Even if deceased was not earning at the time of death, his legal heirs are entitled to future prospects(18.11.2021)
The original claimants have preferred the present appeal against impugned judgment passed by the High Court, by which the High Court has partly allowe.....
Tags : Compensation, Reduction, Legality
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Charge of clandestine clearance is a serious charge and the onus to prove the same is on the Revenue by adducing concrete and cogent evidence(21.12.2021)
The instant Appeal has been filed by the assessee (Appellant) against the Order-in-Original passed by the learned Commissioner, confirming the demand .....
Tags : Demand, Confirmation, Legality
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For appointment on Compassionate ground, policy prevalent at the time of employee's death applies and not the subsequent one(18.11.2021)
The State of Madhya Pradesh has preferred the present appeal feeling aggrieved with the impugned judgment passed by the he High Court by which the Div.....
Tags : Appointment, Direction, Legality
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Where the inquiry is found to be defective, the employer can lead evidence before the authority to prove misconduct(08.12.2021)
The order passed by the High Court is the subject matter of challenge in the present appeal at the instance of the employer whereby the order passed b.....
Tags : Reinstatement, Direction, Legality
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Certificate lost, stolen, mutilated, defaced or destroyed beyond recognition cannot be replaced by any post office(02.03.2020)
A Complaint was filed by the Respondent before the District Forum contending that, 88 Indira Vikas Patras ('IVP') of the denomination of Rs. 5000 each.....
Tags : Deficiency, Compensation, Legality
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Once the Excise duty has been paid on DTA clearances, no customs duty can be demanded on raw material(31.01.2022)
In facts of present case, the Appellant, a 100% EOU, during the period September 2003 to November 2003 was engaged in manufacture of Texturized Yarn, .....
Tags : Demand, Confirmation, Legality
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Once the income was offered in the return, the same could not have been treated as cash credit under Section 68 or unexplained investment under Section 69 of the IT Act(31.01.2022)
The assessee is an individual who filed his return consisted of income from conducting tuitions and also carrying out the work of accounts writing. T.....
Tags : Assessment, Additions, Legality
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Tenants do not have unlimited right to continue to enjoy tenancy in perpetuity(31.01.2020)
Petitioner has challenged an order under which he has been granted a period of seven days by the Assistant Commissioner of Agartala Municipal Corporat.....
Tags : Eviction, Relocation, Legality
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There is no presumption that a decision taken by persons occupying high posts is valid(11.02.2020)
The Appellant was commissioned in the Mechanised Infantry of Indian Army on 13th June, 1981 and was subsequently transferred to the Corps of Intellige.....
Tags : Promotion, Non-empanelment, Legality
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Complaint under Section 138 NI Act cannot be quashed when disputed question of facts are involved(10.02.2020)
Present appeals arise out of the impugned judgment passed by the High Court dismissing Criminal Miscellaneous Application thereby declining to quash t.....
Tags : FIR, Quashing of, Legality
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Every legal representative who suffers on account of death of a person due to a motor vehicle accident should have a remedy for realisation of compensation(24.01.2022)
Appellant impugns award whereby the detailed accident report has been disposed of and compensation awarded. Learned counsel for the Appellant contends.....
Tags : Compensation, Award, Legality
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Service tax can be levied only if consignment notes are issued(27.01.2022)
Present appeal has been filed to assail the order passed by the Commissioner, Customs, Central Excise & Service Tax, Commissionerate, confirming the d.....
Tags : Demand, Confirmation, Legality
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If the special statute provides a different procedure, the provisions of the Cr. PC would not apply to the extent of inconsistency(07.07.2020)
By means of present petition filed under Section 397/401 read with Section 482 of Code of Criminal Procedure, 1973 (CrPC), the order taking cognizance.....
Tags : Dishonour, Cheque, Cognizance, Legality
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Eligibility clause in relation to exemption notification must be given effect to as per the language(21.01.2022)
The State has preferred the present appeals against the impugned common judgment and order passed by the High Court by which the High Court has upheld.....
Tags : Exemption, Grant, Legality
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In order to avoid the liability, the insurer must establish that there was a willful breach on the part of the insured(17.01.2022)
Appellant impugns award to the limited extent that it grants recovery rights against the driver of the vehicle. Learned counsel for the appellant subm.....
Tags : Recovery rights, Grants, Legality
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Bonafide mistake on the part of the assessee would not attract levy of penalty where all the particulars of income are duly disclosed(17.01.2022)
Present appeal is preferred by the assessee against the order passed by the Learned Commissioner of Income Tax, ['CIT(A)'] for assessment year 2014-15.....
Tags : Penalty, Imposition, Legality
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Refund claim cannot be rejected merely because service provider has not mentioned registration number in invoices(04.06.2020)
The brief facts of the case are that, the Appellant is a merchant exporters engaged in the business of export of goods. The Appellant originally filed.....
Tags : Refund, Denial, Legality
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High Court ought not to re-examine findings of fact in its supervisory jurisdiction, unless they are shown to be manifestly unreasonable or perverse(28.02.2022)
By way of present petition under Article 227 of the Constitution of India, 1950 the Petitioner-tenant assails an order of the learned Principal Distri.....
Tags : Eviction, Jurisdiction, Legality
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Proprietor of a trade mark cannot enjoy monopoly over entire class of goods(26.07.2018)
In present case, the dispute pertains to the use of mark 'NANDHINI'. The Respondent herein, which is a Cooperative Federation of the Milk Producers of.....
Tags : Registration, Denial, Legality
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Absence from duty without proper intimation is a grave offence warrants removal from service(22.03.2022)
The petitioner's case is that he was dismissed from service vide impugned Order issued by the Commandant, 4th Assam Police Battalion, for unauthorized.....
Tags : Departmental Proceeding, Dismissal, Legality
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A Court cannot interfere in the plausible view taken by the arbitrator which is supported by reasoning(11.05.2020)
In facts of present case, Appellant was awarded the work order dated 20th July, 1995 pursuant to a tender floated by the Respondent in 1994. The contr.....
Tags : Award, Quashing of, Legality
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Transfer of Shares being an internal family realignment cannot be treated as Gift or Perquisites(12.05.2020)
The Assessee is an investment company. Return of income was electronically filed declaring total income of Rs. 2,75,836. During the course of assessme.....
Tags : Family arrangement, Additions, Legality
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Any condition imposed on the import shall not apply to the import already originated from the port of shipping(24.02.2022)
The Appellant had imported a consignment of Sajji Khar at Mundra Port under warehousing Bill of entry. The FSSAI authority certified that, the Appella.....
Tags : Goods, Confiscation, Legality
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Once the issue verified by Assessing Officer and jurisdictional Court has allowed claim related to interest income earned from Co-operative Bank, PCIT cannot exercise Section 263 of IT Act(21.02.2022)
The assessee is a Co-operative Society carrying on business of providing credit facilities to its members. The return of income was filed by the asses.....
Tags : Assessment, Reframing, Legality
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Arbitral Tribunal is under a statutory duty to state reasons for its conclusion(20.02.2020)
In facts of present case, a tender was issued by Appellant for the work of detailed Design, Engineering, Financing, Procurement, Construction, Operati.....
Tags : Award, Payment, Direction, Legality
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Unless there are allegations of fraud or collusion, the highest offer received in the public auction is to be accepted as a fair value(18.02.2022)
Appeal is filed by the auction purchaser against the impugned judgment and order passed by the High Court by which the High Court has directed the aut.....
Tags : Re-auction, Direction, Legality
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Demand For Additional Tax Can Be Made Only If Assessee Intended To Evade Tax(19.03.2020)
Present appeal has been filed by the Assessee challenging the Division Bench judgment of the High Court by which Civil Special Appeal filed by the Rev.....
Tags : Demand, Additional tax, Legality
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When State action is not within competence of State Legislature, present Court has to strike down the action of State Legislature, which was beyond its legislative competence(19.03.2020)
In the present writ application, the challenge is to the vires of Section 9 (5) of the Jharkhand Value Added Tax Act, 2005, ('JVAT Act'), which was su.....
Tags : Trade discount, Provision, Legality
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Common intention contemplated by Section 34 of IPC pre¬supposes prior concert requires a pre-arranged plan before a man can be vicariously convicted for the criminal act of another(15.03.2022)
In facts of present case, the Sessions Court has convicted the Appellant¬-accused for an offence punishable under Section 302 read with Section 34 of .....
Tags : Common intention, Conviction, Legality
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Arbitration proceedings and SARFAESI Act proceedings can go hand in hand for recovery of loans(07.12.2017)
In facts of present case, the Petitioners had availed loan from the Respondent for a sum of Rs. 3.35 crores. As a security for this loan, the Petition.....
Tags : Outstanding amount, Notice, Legality
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Payment of bonus or commission is not allowable as deduction under Section 36 (1) (ii) of the IT Act(13.04.2022)
The Appellant is a private limited company. Sh. Arvind Chadha and Sh. Anoop Chadha are two share-holders and directors holding 50% equity shares each .....
Tags : Deduction, Disallowance, Legality
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Penalty cannot be imposed without mentioning the specific charge(28.02.2022)
The instant appeal filed by the assessee is directed against the order passed by the Commissioner of Income Tax (Appeals) arising out of the penalty o.....
Tags : Penalty, Imposition, Legality
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Article 136 of the Constitution only confers a right to obtain special leave in rare and extraordinary cases(07.03.2022)
The Appellant calls in question the judgment of the High Court by which it dismissed the Criminal Revision filed against the order of the Sessions Jud.....
Tags : Cheque bounce, Conviction, Legality
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Pleas of unsoundness of mind or mitigating circumstances like juvenility of age ought to be raised during trial itself(19.08.2020)
The present criminal appeal is at the instance of Accused-Appellant who impugns the judgment of the High Court whereby his appeal against a judgment o.....
Tags : Conviction, Evidence, Legality
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Draft order framed under Section 144C(1) of the IT Act in the name of a non-existent company is void ab initio(17.08.2020)
Present appeal by the Assessee is preferred against the order framed under Section 143(3) read with Section 144C(5) of the Income-tax Act, 1961 [IT Ac.....
Tags : Draft assessment, Disallowance, Legality
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Once the prosecution had successfully established the chain of events, the burden is on the accused to prove it otherwise(20.05.2022)
Present appeals are directed against the judgment and order passed by the High Court. The High Court vide order impugned acquitted the daughter of th.....
Tags : Conviction, Legality, Burden of proof
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If appeal is presented by Assessee beyond extended statutory limitation period, delay cannot be condoned without sufficient cause(06.05.2020)
The Respondent is a registered dealer on the rolls of Assistant Commissioner of Commercial Taxes, Large Tax Payer Unit at Kakinada under the provision.....
Tags : Delay, Condonaton, Legality
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Unless orders are perverse and have been passed on nil evidence, High Court must be slow in interfering in the decisions of the Courts below(26.04.2022)
Present petition has been filed under Sections 397/401 of Code of Criminal Procedure, 1973 (CrPC) challenging Order wherein the Learned Judge, Family .....
Tags : Interim maintenance, Direction, Legality
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Admissions cannot be ordered without considering the eligibility of the candidates(21.10.2022)
The Dental Council of India has preferred the present appeals feeling aggrieved and dissatisfied with the impugned common judgment and order passed by.....
Tags : Admission, Direction, Legality
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Preventive detention is an exception to the general rule and it has to be resorted to only in exceptional circumstances(31.12.2020)
Through the medium of instant petition, the Petitioner has challenged the order of detention passed by Respondent No.2 ('Detaining Authority'), whereb.....
Tags : Detention, Proceedings, Legality
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'Just compensation' has to be determined on basis of fairness, reasonableness and equitability(24.12.2020)
Impugned in present Appeal is Award passed by Motor Accident Claims Tribunal ("Tribunal") on a Claim Petition directing Appellant Insurance Company to.....
Tags : Compensation, Quantum, Legality
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Compassionate ground is a concession and not a right(30.09.2022)
The original Appellants have preferred the present appeal dissatisfied with the impugned judgment passed by the High Court by which the High Court has.....
Tags : Appointment, Direction, Legality
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Mere reflecting the unexplained cash in the books of accounts in absence of any supportive documents, cannot be ground for deletion of the addition(02.12.2022)
In present case, the assessee was engaged in manufacturing and trading of paper and paper board. The assessee filed return of income declaring 'NIL' i.....
Tags : Assessment, Deletion, Legality
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Where there is failure on the part of the AO to specify the limb of Section 271(1)(c) of IT Act under which the penalty is imposed, penalty order cannot be sustained(23.08.2022)
Present appeal has been preferred by the Assessee against the order of First Appellate Authority arising out of an appeal before it against the penalt.....
Tags : Penalty, Imposition, Legality
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When the amendment in pleadings is necessary for effective adjudication of the main issues, the amendment should be allowed(01.09.2022)
Present appeal is at the instance of a Defendant in a suit filed by the Respondents herein (original Plaintiffs) for the specific performance of contr.....
Tags : Plaint, Amendment, Legality
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A candidate suppressing the material information or giving false information cannot claim right to continuance in service(03.11.2020)
The employer – Punjab National Bank has preferred the present appeal against impugned judgment passed by the High Court by which the High Court has di.....
Tags : Appointment, Direction, Legality
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Certificate from Collector has to be placed by the assessee to determine that particular land comes under the urban land or agricultural land(27.07.2022)
The assessee is an individual derives income by way of rent, interest and agriculture etc. The assessee filed return of net wealth for A.Y. 2010-11 de.....
Tags : Wealth tax, Addition, Legality
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If an assessee invests full consideration from sale of original asset for purchasing or constructing another residential house, then assessee is entitled for 100% exemption from capital gain tax(18.01.2021)
Present appeal filed by the Revenue is directed against order of the learned Commissioner of Income Tax (Appeals). The learned CIT(A) held that, asses.....
Tags : Assessment, Exemption, Legality
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A conviction can be based on the basis of the deposition of the sole eye witness(14.10.2022)
The State has preferred the present appeals dissatisfied with the impugned judgment and order passed by the High Court by which the High Court has all.....
Tags : Acquittal, Deposition, Legality
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Writ Petition is not maintainable as Respondent is not a creature of a statute and there are no statutory duties or obligations imposed on the Respondent(29.04.2019)
In facts of present case, an advertisement was issued by the Respondent inviting applications for appointment to posts of clerical cadre (Clerk-III) i.....
Tags : Selection process, Disqualification, Legality
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Appellants cannot be deprived of absorption rights in Minority Welfare Department when their appointment is made prior to coming into force of Service Rules, 2001(06.05.2019)
Present appeals arise out of the judgment passed by the High Court by which the High Court held that, the appointment to the post of District Minority.....
Tags : Appointment, Legal right, Absorption
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A factory or an establishment shall be governed by the ESI Act irrespective of number of persons employed(20.01.2023)
The ESI Corporation has preferred the present appeal feeling aggrieved and dissatisfied with the impugned judgment, passed by the High Court by which,.....
Tags : Demand Notices, Legality
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AO has to specify the default for which the penalty notice is issued so that the assessee is aware of the charge against him(25.01.2023)
In facts of present case, the Department received information that, the assessee has deposited cash of Rs. 14,62,150 in his savings bank account with .....
Tags : Penalty, Levy, Legality
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Conduct of the accused is of the prime importance while granting benefit of probation(23.11.2022)
The present revision petition has been preferred under Section 397 read with Section 401 and 482 of the Code of Criminal Procedure, 1973 ("Cr.P.C.") a.....
Tags : Benefit, Probation, Legality
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Liability of the guarantor is co-extensive with that of the principal borrower(06.09.2022)
Present appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016, (IBC), is against a final judgment passed by the National Company Law App.....
Tags : Initiation, CIRP, Legality
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Where the complainant had already been examined as a witness in the case, Court cannot acquit accused merely on non-appearance of the complainant(01.03.2023)
Present appeals are directed against the judgment and order passed by Delhi High Court dismissing petition filed by the Appellant against the order le.....
Tags : Non-appearance, Acquittal, Legality
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Unless proper grounds exist for the investigation of the affairs of the Company, investigation ought not to be lightly undertaken(26.04.2021)
Present Appeal emanates from the Order passed by the National Company Law Tribunal, in Company Petition, whereby the NCLT directed that, the Bank Acco.....
Tags : Proper grounds, Investigation, Legality
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Interest should be charged from the date of notice under Section 148 of the IT Act itself and not from the date of return filed(19.04.2023)
The assessee is an individual and derives income mainly from interest and other sources. The return of income under Section 139 of Income Tax Act, 196.....
Tags : Assessment, Interest, Legality
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In the absence of enabling powers, no disallowance can be made(05.04.2023)
The Assessee filed its return of income declaring total income at Rs. 'Nil' after claiming deduction under Section 80P of the Income-tax Act, amountin.....
Tags : Assessment, Disallowance, Legality
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An acquittal or discharge under Section 306 of IPC would not ipso facto amount to an acquittal or discharge under Section 498A of IPC(28.05.2019)
In instant case, Petitioner impugns order whereby charge has been framed against the Petitioner under Section 498A of Indian Penal Code, 1860 (IPC). T.....
Tags : Charge, Framing of, Legality
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Lender banks have to provide an opportunity of hearing to the borrowers before classifying their account as fraud(27.03.2023)
The civil appeals arise out of a challenge to the Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Direc.....
Tags : Master Directions, Natural justice, Legality
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Terms of invitation to tender cannot be open to judicial scrutiny because it is in the realm of contract(28.06.2021)
Present Petition under Article 226 of the Constitution of India takes exception to the tender conditions in the Notice inviting tender dated November .....
Tags : Contract, Extension, Legality
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Any physical disability resulting from an accident has to be judged with reference to the nature of the work being performed by the person who suffered disability(04.07.2023)
The Appellant has filed the present appeal aggrieved against the order of High Court reducing amount of compensation. The Appellant has raised a limit.....
Tags : Compensation, Reduction, Legality
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In the absence of any notification under Section 10 of the CLRA Act and in the absence of any findings that the contract was sham, High Court cannot direct reinstatement(05.12.2022)
The principal employer – Kirloskar Brothers Limited has preferred the present appeals feeling aggrieved and dissatisfied with the impugned judgment an.....
Tags : Reinstatement, Direction, Legality
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Once the employer is contributing EPF under the Central Act, the same cannot be compelled to make contribution under the State Act(16.06.2023)
The Petitioner-company claims to have obtained the registration under Central Employees Provident Fund Act and Miscellaneous Provisions Act, 1952 and .....
Tags : EPF contribution, Arrears, Legality
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Once a company is dissolved, it becomes a non-existent party and therefore, no action can be brought in its name(25.03.2022)
The assessee-company was trading in shares. The case of the assessee was selected for scrutiny assessment and notice under section 143(2) of the Incom.....
Tags : Assessment, Additions, Legality
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Assessee is deemed to have passed on the full incidence of service tax refund to the service receiver unless the contrary is proved(21.03.2024)
The Appellant has assailed the order-in-appeal, whereby the rejection of the refund claim on the ground of unjust enrichment in terms of Section 11 B .....
Tags : Refund, Rejection, Legality
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Assessing Officer before issuing any notice under Section 148-A of IT Act, shall conduct an enquiry with the prior approval of the specified authority(05.02.2024)
The Petitioner has invoked jurisdiction of present Court under Article 226 of the Constitution of India, 1950 thereby praying for issuance of Writ of .....
Tags : Assessment, SCN, Legality
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A penal statute is required to be construed strictly, it is not open to expand the scope of the words used in a penal statute so as to fasten liability(05.02.2024)
Present is an application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) to quash the complaint lodged by the Income Tax Authorities.....
Tags : Penalty, Confirmation, Legality
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Seized material can be considered to be incriminating in terms of Section 153C of the IT Act only if it pertains to the Assessment Years in question(26.09.2022)
Present income tax appeals have been filed challenging the common order passed by the Income Tax Appellate Tribunal ('ITAT') deleting the protective a.....
Tags : Addition, Deletion, Legality
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Registration cannot be cancelled with retrospective effect mechanically, it can be cancelled, only if, the proper officer deems it fit to do so(04.01.2024)
Petitioner impugns order and Show Cause Notice. Vide Show Cause Notice, Petitioner was called upon to show cause as to why the registration be not can.....
Tags : Registration, Cancellation, Legality
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Dying declaration can be the sole basis for recording conviction and if it is found reliable and trustworthy, no corroboration is required(16.08.2022)
The Appellant¬ has approached present Court being aggrieved by the judgment passed by the High Court vide which the High Court, though reduced the sen.....
Tags : Conviction, Dying declaration, Legality
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Power of reopening of the assessment cannot be exercised for solely to verify the claim(10.01.2022)
Assessee is an individual who is stated to be having income from business, house property, capital gains and other sources. Assessee had filed his ori.....
Tags : Assessment, Notices, Legality
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Party ought not to be vexed twice in litigation for one and the same cause(20.09.2023)
The Appellant) was a school teacher at the Railway Higher Secondary School is aggrieved by the judgment of the High Court. By the said judgment, the H.....
Tags : Absorption, Denial, Legality
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If a statute prescribes a method for exercise of power, by necessary implication, the other methods of performance are not acceptable(02.08.2022)
Present appeal challenges the correctness of the judgment and order passed by the High Court. The instant proceedings arise out of Complaint Case inst.....
Tags : Cross-examination, Denial, Legality
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Allegation in the notice issued under Section 148A(b) of the IT Act has to be precise not vague(05.08.2022)
Present writ petition has been filed challenging the order passed under Section 148A(d) of the Income Tax Act, 1961 and the consequential notice issue.....
Tags : Assessment, Notice, Legality
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In an appeal against acquittal, the power of the appellate court to reappreciate evidence and come to its own conclusion is not circumscribed by any limitation(17.07.2023)
Present appeal assails the judgment and order of the High Court. By the said order, though the delay in preferring the appeal against the judgment and.....
Tags : Evidence, Acquittal, Legality
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Courts cannot ordinarily doubt the bonafide need of landlord nor the Courts can dictate to landlord as to how the premise owned by him should be used(26.07.2023)
The judgment and decree of eviction on the ground of bonafide need passed by the Small Causes Court and confirmed by District Judge vide judgment and .....
Tags : Eviction, Bonafide need, Legality
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Resignation would be effective on its acceptance, even if the acceptance is not communicated(02.05.2022)
By present writ petition, the Petitioners i.e. the Management and the School have challenged judgment, passed by the School Tribunal, whereby oral ter.....
Tags : Direction, Reinstatement, Legality
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Transfer is an exigency of service which ought not to be interfered by a Court of law, especially, when it is pertaining to Armed Forces(16.01.2024)
The Applicant/ Petitioner, serving as a Constable in Sashastra Seema Bal [SSB] filed a writ petition challenging his transfer from New Delhi to Siddha.....
Tags : Transfer, Legality
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Under Section 34 of the Arbitration Act, scope of interference by the courts is very limited and it can be touched upon only if there is any patent illegality in the Arbitral Award(23.01.2024)
Present appeal under Section 37 of the Arbitration and Conciliation Act, 1996 read with Section 11 of the Commercial Acts, 2015 impugns the order pass.....
Tags : Award, Direction, Legality
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Insurer cannot avoid liability to pay the compensation to the victim, although insurer can seek the recovery rights from the insured, who has breached the terms of the contract(17.07.2023)
The Appellant/insurer (original respondent no.1) has filed present appeal impugning the judgment and award passed by the Motor Accident Claims Tribuna.....
Tags : Compensation, Direction, Legality
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Mere allocation of meagre amount cannot be a ground to question the resolution plan(03.04.2023)
The Appellant s is an Unsecured Financial Creditor who has vote share in the CoC of 0.264%. The plan has been approved by the CoC with more than 99% v.....
Tags : Resolution plan, Approval, Legality
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Service can be taxable in the hands of the recipient in India only when the part of it is performed in India(26.09.2022)
The issue involved in the present case is that whether the Appellant is liable to pay service tax in respect of exhibition service provided by foreign.....
Tags : Tax, Levy, Legality
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Fixed Facility Charges has to be included in the assessable value for discharging cenvat credit(20.06.2023)
The Appellant is registered with the department for providing various taxable services. They are engaged in the manufacture of goods viz. Liquid Nitro.....
Tags : Demand, Penalty, Legality
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No interference with the arbitral award would be warranted unless the Court finds that the view is patently illegal or perverse(19.09.2023)
By way of present petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 ('the A&C Act'), the Petitioner-National Highways Auth.....
Tags : Award, Damages, Legality
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No penalty can be imposed without proving the role of person being charged(03.08.2022)
The issue in present appeal is whether penalty of Rs. 10 lakhs has been correctly imposed on the Appellant under Section 112(b) of the Customs Act, 19.....
Tags : Penalty, Imposition, Legality
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Assessee cannot agitate once again on the same issues, which are already adjudicated(05.05.2022)
The assessee filed return of income for the assessment year 2010-11 declaring total income and the same was processed under Section 143(1) of the Inco.....
Tags : Assessment, Additions, Legality
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Writ Court cannot sit in appeal against orders of Disciplinary Authority and Appellate Authority which are prescribed Statutory Authorities under Rules and Regulations(28.03.2024)
The Petitioner has filed the instant writ petition seeking issuance of issue a writ of Certiorari to quash the order by the appellate body i.e. sub- c.....
Tags : Increment, Withholding of, Legality
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In the absence of any new tangible material, the case could not be reopened on mere change of opinion(23.06.2023)
Appeals by assessee for Assessment Years (AY) 1997-98 and 2001-02 arises out of the separate orders of learned first appellate authority. The sole sub.....
Tags : Addition, Reassessment, Legality
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Sub-Contractor shall not have any contractual relationship with the owner, and shall not be entitled to prefer any claims against the owner(16.06.2023)
Challenge in present Appeal is against the `Impugned Order' passed by the `Adjudicating Authority', by which Order, the `Adjudicating Authority' has d.....
Tags : Contractual relationship, Claim, Legality
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For discharging the initial onus cast by Section 68 of the IT Act, the assessee has to establish identity, credit, worthiness and genuineness of the transaction(19.07.2023)
Present appeal by the Revenue is preferred against the order of the learned CIT(A) pertaining to Assessment Year 2012-13. The solitary grievance of th.....
Tags : Assessment, Deletion, Legality
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Mere reflection of demand on e-filing portal does not absolve Revenue from properly serving the intimation and demand notice(04.01.2024)
In present case, the assessee is a resident corporate entity. The core issue arising for consideration is relating to chargeability of interest under .....
Tags : Assessment, Interest, Legality
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If any deposit of ESI/PF contribution made by assessee before due date as contemplated by the parent Act, then said amount is allowable as deduction(27.03.2024)
In present case, Assessee is a partnership firm carrying on business of trading in Gold & silver ornaments and other precious and semi-precious stones.....
Tags : Assessment, Addition, Legality
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Section 16 of the Carriage by Road Act, 2007 applicable only in respect of suit or legal proceeding instituted against common carrier for any loss of, or damage to, the consignment(01.05.2023)
The Appellant (ESSEMM Logistics), who was the first Defendant in the suit, has preferred this appeal against the rejection of its counter-claim in exe.....
Tags : Counter-claim, Rejection, Legality
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Documents seized must be incriminating and must relate to each of the assessment years whose assessments are sought to be reopened(04.05.2022)
The appeal is preferred by the assessee against order in appeal for the assessment year 2013-14 passed by Learned Commissioner of Income Tax (Appeals).....
Tags : Assessment, Additions, Legality
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Where assessee's own funds and other non-interest bearing funds were more than the investment in tax-free securities, no disallowance under Section 14A of the IT Act can be made(19.07.2023)
The assessee is a private limited company and is engaged in the business of providing wireless services, electronics telecommunication, GSM/GPRS modem.....
Tags : Assessment, Disallowance, Legality
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Reasons must be recorded in the summoning order, if the matter is arising out of complaint case(11.09.2023)
Instant application has been filed with the prayer to stay the entire proceedings in Complaint Case under Section 498-A, 323 of Indian Penal Code, 186.....
Tags : Proceedings, Summoning order, Legality
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Disallowance under Section 14A of the IT Act cannot exceed exempt income claimed(03.01.2024)
The present appeal has been filed by the assessee against the order of learned CIT(A). The only issue raised pertains to disallowance of expenses unde.....
Tags : Assessment, Disallowance, Legality
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Punishment to the employee at fault should be proportionate for the fault committed by him(08.01.2024)
In the facts of the present case, Petitioner was the Gram Sevak. Since he was unauthorizedly absent, the charge sheet was served upon him. The Petitio.....
Tags : Punishment, Imposition, Legality
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Addition under Section 153A of IT Act, in case of unabated assessment can only be made on the basis of incriminating material found during search(21.09.2023)
In present case, a search action under Section 132(1)(A) of the Income-tax Act, 1961 (IT Act) was carried out in the case of the assessee. Subsequentl.....
Tags : Assessment, Deletion, Legality
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If a business has been set up, even it has not commenced its activities, then expenditure relatable to said business, including interest expenses should be allowed as deduction(27.09.2023)
The assessee firm has filed its return of income for the assessment year 2015-16 on 30.09.2015 declaring total income of Rs.1,31,50,650. During the co.....
Tags : Disallowance, Interest, Legality
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Burden to prove non-receipt of the inputs is required to be discharged by Revenue by sufficient evidence(17.08.2022)
Appellants are engaged in the manufacture of Copper Rods/Wires etc. They were availing of the benefit of Cenvat credit facility. The intelligence was .....
Tags : Demand, Cenvat credit, Legality
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When the addition is on estimated basis, penalty cannot be levied on adhoc estimated income(03.02.2023)
The Revenue has filed the appeal against the order of the National Faceless Appeal Centre (NFAC), Delhi / CIT(A) passed under Section 250 of the Incom.....
Tags : Penalty, Levy, Legality
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Expenses claimed by the assessee incurred during the regular course of business cannot be treated as capital expenses(10.02.2023)
Assessee is a company stated to be engaged in the business of software development. Assessee electronically filed its return of income for A.Y. 2016-1.....
Tags : Assessment, Deletion, Legality
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It is the duty of the insured/owner of vehicle to establish that he took reasonable care to engage the driver having valid authorization(08.08.2023)
The Appellants/original claimants impugn the judgment and award passed by the Motor Accident Claims Tribunal. The Tribunal passed an award for Rs. 1,5.....
Tags : Award, Compensation, Legality
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If the trustees are removed from the trust, the charges against them are to be proved very strictly(24.04.2023)
The Appellant was the President of the sansthan/trust. The Respondent No. 3, the Joint Charity Commissioner, examined the Charity Inspector as well as.....
Tags : President, Suspension, Legality
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Advance ruling shall be binding unless there is a change of law or facts on the basis of which the advance ruling has been pronounced(18.12.2023)
Present petition under Article 226 of the Constitution of India mounts a challenge to an Order-in-Original (O-I-O) passed by the Deputy Commissioner o.....
Tags : AAR ruling, Defiance, Legality
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When interest free funds were used for making tax-free investment, no disallowance under Section 14A of IT Act is sustainable(15.09.2023)
In present case, Revenue’s appeal is against deletion of disallowance of Rs.5,04,35,666 made on account of interest expenses under Section14A of the I.....
Tags : Disallowance, Deletion, Legality
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Unless any prejudice is shown to be caused, the High Court should not interfere with the award passed by the Tribunal on the ground of lack of territorial jurisdiction(01.02.2023)
The present appeal under Section 173 of the Motor Vehicles Act, 1988, preferred by the insurer, seeks to assail the award passed by the learned Motor .....
Tags : Award, Jurisdiction, Legality
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Right to prefer objections to assail the Arbitral Award cannot be denied unless the party has failed to file the objection petition within the strict period of limitation(30.01.2023)
Present petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 ('Act') challenging the Arbitral Award passed by the le.....
Tags : Time period, Delay, Legality
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When the entire addition has been made on the basis of estimation, penalty levied is not sustainable(28.04.2023)
In the basis of completed assessment framed under Section 143(3) read with 153C of the Income Tax Act, 1961 (IT Act) determining the total income at R.....
Tags : Penalty, Levy, Legality
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Exemption notification has to be interpreted by taking into consideration the language of the notification which has to be given its due effect(21.12.2023)
The Respondent is engaged in the manufacture of Ferro Silicon, Calcium with Carbide and Ferro Chrome. They requested that they intend to avail the ben.....
Tags : Notification, Benefit, Legality
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Demand under service tax on reverse charge mechanism has to be worked out and calculated transaction-wise and invoice-wise(26.05.2023)
In present case, the Appellant is engaged in providing taxable services under the category of “Renting of Immovable Properties, Manpower Supply Servic.....
Tags : Demand, RCM, Legality
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Interest is compensatory in nature and is parasitic on the principal amount(02.06.2023)
The present appeal has been insinuated under Section 37 of the Arbitration and Conciliation Act, 1996 seeking setting aside of the judgment whereby ob.....
Tags : Award, Interest, Legality
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Right to oppose an application for grant of a patent is a valuable right, and cannot be permitted to be defeated on technical considerations(12.12.2022)
Present petition under Article 226 of the Constitution of India, 1950 assails order passed by the Patent Office, whereby Patent No. 363697 has been gr.....
Tags : Patent, Grant, Legality
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When the creditors have appeared personally and confirmed the transaction, they cannot be disbelieved(14.12.2022)
The assessee is an individual, who is deriving salary income and interest in firm. It was the submission that the assessee had acquired certain immova.....
Tags : Assessment, Addition, Legality
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Club Membership Fees for subscription is allowable as a business expenditure(17.08.2022)
Assessee is a chartered accountancy firm engaged in providing services in the field of Assurance, Risk Advisory, Tax Advisory, Corporate Advisory and .....
Tags : Assessment, Disallowance, Legality
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Assessee must be informed of the grounds of penalty proceedings only through statutory notice(02.12.2022)
The information has been received that the assessee had deposited cash amounting to Rs. 35,60,000 to his savings bank account during the Financial Yea.....
Tags : Penalty, Imposition, Legality
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Mere factum of two set of invoices is not sufficient to prove charge of clandestine removal in absence of positive evidence with regard to the same(08.02.2024)
The facts of the case are that, the departmental officers searched the factory premises of the Appellant and during the course of search some pages co.....
Tags : Demand, Penalty, Legality
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Acquittal in criminal proceedings does not entitle the delinquent employee for any benefit in the latter or automatic discharge in departmental proceedings(03.10.2023)
Present appeal is against the order of the Division Bench of High Court upholding the order of the learned Single Judge and confirmed the setting asid.....
Tags : Departmental proceedings, Quashing, Legality
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For quick enforcement of the security, Section 17 of SARFAESI Act provides a time limit of 45 days for filing an application(11.08.2022)
Present appeal by Bank of Baroda is against an Interlocutory Order of stay passed by the High Court. The Writ Petition was filed by the Respondent Com.....
Tags : Stay, Grant, Legality
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When the assessee has proved the initial onus lay upon it by proving the creditworthiness and genuineness of the transaction in the matter, addition cannot be made(14.10.2022)
The assessee is a company and e-filed it's return of income declaring loss of Rs.1,24,94,251. The case of the assessee company was selected for scruti.....
Tags : Assessment, Addition, Legality
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Approval for issuance of notice ought to have been obtained from the authority specifically mentioned under Section 151(ii) of the IT Act(09.01.2023)
The Petitioner challenges the notice dated 31st March 2021 under Section 148 of the Income Tax Act, 1961 for the assessment year 2015-16, on the groun.....
Tags : Notice, Issuance, Legality
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Delay payment charge and interest expenses incurred by the assessee on payment to broker should be treated as a part and parcel of purchases of shares(27.09.2023)
The only issue raised by the assessee is that the Learned CIT(A), erred in confirming the disallowance made by the AO for Rs. 22,95,051 on account of .....
Tags : Assessment, Addition, Legality
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Penalty proceedings are penal in nature, the charge of offence should be specific, unequivocal and unambiguous(01.06.2023)
Present appeal arises out of the order of the Commissioner of Income Tax (Appeals) [CIT(A)] in Appeal against the order under Section 271(1)(c) of the.....
Tags : Penalty, Imposition, Legality
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When the very basis of entering into the agreement have been set aside, agreement itself can’t be relied upon by any of the parties(18.04.2024)
The Appellant-State of Madhya Pradesh-Defendant in the Original Suit filed by Satish Jain (Respondent No. 1), since deceased, represented by his legal.....
Tags : Award, Implementation, Legality
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Statement recorded under Section 108 of the Customs Act is a material piece of evidence and can be used as substantive evidence(08.01.2024)
Present appeal is against impugned Order passed by the learned Joint Secretary to the Government of India under Section 129DD of the Customs Act, 1962.....
Tags : Penalty, Imposition, Legality
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Judicial review is not akin to adjudication of the case on merits, unless the court finds that the findings recorded are based on no evidence(16.12.2022)
Present appeal, which has been preferred by Central Industrial Security Force and two others, takes exception to the judgment in Special Civil Applica.....
Tags : Reinstatement, Direction, Legality
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Expenditure could not be denied merely because there was no income earned during the relevant Assessment Year(10.10.2023)
Present appeal is filed by the assessee against the orders passed by the Assessing Officer (AO) disallowing part of interest expense claimed under sec.....
Tags : Assessment, Addition, Legality
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A completed assessment cannot be disturbed based on fancy or whimsical grounds or on the basis of 'reason to suspect'(09.08.2023)
Appeal has been filed by the assessee against the order of the learned Commissioner of Income Tax (Appeals) arising from the assessment order passed b.....
Tags : Re-assessment, Jurisdiction, Legality
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Primary onus lies upon the assessee to justify that the business decisions were taken in the course of the business only(13.04.2022)
The assessee is a private limited company and engaged in the business of manufacturing Glazed Ceramics Tiles. The assessee in the year under considera.....
Tags : Assessment, Additions, Legality
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Findings recorded in the disciplinary enquiry without following principles of natural justice are perverse(30.09.2022)
By the present petition, the Petitioner challenges order, by which penalty of dismissal from service is imposed upon her. It is submitted that, the fi.....
Tags : Penalty, Termination, Legality
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It is not permissible for the Court to enter into roving enquiry in regard to sustainability of accusation nurtured on behalf of the complainant(27.06.2023)
Present appeal is preferred by the Appellant under Section 14A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 ('the A.....
Tags : Bail, Rejection, Legality
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In exercise of writ jurisdiction under Article 226 of the Constitution, factual determination of rights cannot be undertaken(23.10.2023)
Challenge raised in the present writ petition filed under Article 226 of the Constitution of India, 1950 is to the decision taken as indicated in the .....
Tags : Possession, Public utility, Legality
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Where an assessee has to pay damages to other party to fulfil the contract in the ordinary course of his business, the amount of damages paid is allowable deduction(11.01.2024)
Assessee is a private limited company engaged in the business of manufacturing and supply of components, engineering systems to various Defence units .....
Tags : Assessment, Addition, Legality
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Section 14A of IT Act will not apply, if no exempt income is received or receivable during the relevant previous year(21.11.2022)
Present Income Tax Appeal has been filed challenging the Order passed by the Income Tax Appellate Tribunal ('ITAT') for Assessment Year 2012-13. The A.....
Tags : Additions, Deletion, Legality
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Answer given to the interrogatories can be used as evidence and its veracity can be established only at trial(29.08.2022)
By way of present appeal filed under Order XLIII Rule 1(f) read with Section 151 of Code of Civil Procedure, 1908 (CPC), the Appellants have assailed .....
Tags : Defence, Struck off, Legality
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Vicarious liability arises only when the company or firm commits the offence as the primary offender(09.05.2022)
The issues raised in present appeal by the Appellant is against the impugned order of conviction under Section 138 of Negotiable Instruments Act, 1881.....
Tags : Vicarious liability, Conviction, Legality
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In the penalty proceeding, the burden lies on the revenue to prove that the assessee has concealed income or furnished inaccurate particular of income(22.02.2023)
The captioned appeal has been filed at the instance of the assessee against the order of the Learned Commissioner of Income Tax (Appeals), arising in .....
Tags : Penalty, Imposition, Legality
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Assessing officer has to demonstrate that the escapement of income was due to failure on the part of the assessee(04.10.2022)
Assessee is a resident partnership firm engaged in manufacturing and export of garments. For the assessment year under dispute, assessee filed its ret.....
Tags : Assessment, Addition, Legality
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In the absence of any new tangible material, the case could not be reopened on mere change of opinion(23.06.2023)
The original return of income filed by the assessee was scrutinized under Section 143(3) of Income Tax Act, 1961 (IT Act) determining the income at Rs.....
Tags : Assessment, Reopening, Legality
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High Court, in exercise of its powers under Article 226/227 of the Constitution of India, shall not venture into re-appreciation of the evidence(25.11.2022)
The Applicant challenging the order of punishment reducing her pay by one stage from Rs. 28,700 to Rs. 27,900 for a period of two months with immediat.....
Tags : Proceedings, Punishment, Legality
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Name of the Company can be restored only if the Tribunal is satisfied that it was carrying on business or in operation(10.04.2023)
Present Appeal is directed against the order by which an appeal filed under Section 252(3) of the Companies Act, 2013 for quashing of the order of the.....
Tags : Name, Striking off, Legality
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Rule 6 (3)(i) of Cenvat Credit Rules is not applicable when Appellant has reversed the proportionate Cenvat credit(31.08.2022)
Present appeals have been filed against common order-in- original by which 10 show cause notices were adjudicated on the common issue whereby the lear.....
Tags : Demand, Deletion, Legality
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Once it is not disputed that appropriate duty has been paid, the credit thereof cannot be denied(10.05.2022)
The Appellant in the present case is the holder of Service Tax registration and is engaged in providing construction of residential complex services, .....
Tags : Cenvat credit, Denial, Legality
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Any amount given in trust to a Corporate Debtor cannot be treated as asset of the Corporate Debtor(21.02.2023)
Present Appeal has been filed against two orders passed by the Adjudicating Authority. The Adjudicating Authority vide order rejected the application .....
Tags : Application, Rejection, Legality
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Penalty cannot be levied under Section 271B of the IT Act for venial technical breach without any mala fide intention(23.06.2023)
Present appeals filed by the assessee are directed against separate but identical orders of the learned Commissioner of Income Tax (Appeals), National.....
Tags : Assessment, Penalty, Legality
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Bank can avail credit of the Service Tax on the deposit insurance service provided by DICGC(10.06.2022)
In facts of present case, on the basis of intelligence received that the Appellant-bank had wrongly availed CENVAT Credit in respect of the Service Ta.....
Tags : Demand, Confirmation, Legality
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Conviction can be based on solitary testimony of a credible witness though uncorroborated(15.01.2024)
Appeal has been preferred under Section 374(2) read with Section 482 of Code of Criminal Procedure, 1973 (Cr.P.C.) challenging the judgment and order .....
Tags : Conviction, Sentence, Legality
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Security service provided by the police department to various agencies and consideration received by them is not liable to service tax under security agency service(15.02.2024)
The issue involved is that the service of security escort/ detecting agency provided by the Police Commissioner, Surat and consideration received thei.....
Tags : Demand, Confirmation, Legality
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Transfer of ownership takes place at the factory gate, when the goods are delivered(14.02.2024)
The Respondent is engaged in the manufacture of "M.S. Fabricated Hot Dip Galvanized Steel Structures (Tower)". During the course of Audit, it was obse.....
Tags : Demand, Confirmation, Legality
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Court while exercising its jurisdiction under Section 482 of Cr.P.C. or Article 226 of Constitution is empowered to take into account the overall circumstances leading to registration of case(22.12.2023)
By present Application under Section 482 of the Code of Criminal Procedure, 1973, the Applicants invoke inherent powers of this Court and seeks quashi.....
Tags : FIR, Registration, Legality
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Abetment necessarily requires knowledge of the offending Act for imposing penalty under Section 111 of the Customs Act(04.07.2023)
The Appellant has filed the present appeal under Section 130 of the Customs Act, 1962 ('Customs Act'), impugning an order passed by the Customs, Excis.....
Tags : Penalty, Imposition, Legality
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Summoning of the accused in a criminal case is a serious matter and should not be resorted to as a matter of course(20.10.2022)
The Petitioner has preferred the present petition under Section 482 of the Code of Criminal Procedure, 1973 ("CrPC) for setting aside the impugned ord.....
Tags : Complaint, Dismissal, Legality
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When the complainant had lodged the FIR immediately after the theft of the vehicle, the Insurance Company cannot repudiate the claim on ground of delay(11.02.2022)
The present appeal is directed against the impugned order passed by the National Consumer Disputes Redressal Commission, New Delhi (“the NCDRC”) in Re.....
Tags : Claim, Repudiation, Legality
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Re-appreciation of the evidence on record by the High Court in exercise of powers under Articles 226/227 of the Constitution of India is not permissible(20.05.2022)
The Appellant - SBI - employer has preferred the present appeal against the impugned judgment passed by the High Court by which the High Court has con.....
Tags : Payment, Direction, Legality
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When acquisition proceedings under Land Acquisition Act, 1894 continues to be valid, claimant not entitled to get compensation under Right to Fair Compensation Act, 2013.(13.07.2023)
The first Respondent filed a Writ Petition under Article 226 of the Constitution of India, 1950 before the High Court for questioning the acquisition .....
Tags : Compensation, Direction, Legality
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If the earlier Magistrate has recorded the evidence in detail, there is no necessity for the succeeding Magistrate to hold de nova trial(11.07.2022)
In facts of present case, the applicant has filed Summary Criminal Case for the offence punishable under Section 138 of the Negotiable Instruments Act.....
Tags : Evidence, Denovo trial, Legality
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Tribunal has power under Section 11A of ID Act to interfere with the punishment inflicted on an employee by the Management(12.09.2022)
The Petitioner in the present Writ Petition is aggrieved by the Award passed by the Presiding Officer. Vide the impugned Award, the learned Industrial.....
Tags : Reinstatement, Workman, Legality
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Legitimate right to seek refund cannot be foreclosed on account of technical glitches(22.12.2023)
The Petitioner has filed the present petition, aggrieved by the denial of refund of unutilised input tax credit (ITC) accumulated in respect of the Go.....
Tags : Refund, Denial, Legality
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If interest-free funds available with the assessee exceed the investments made in funds yielding exempt income, then no disallowance is called for(15.07.2022)
Present is an appeal filed by the assessee against the order of the Commissioner of Income Tax (Appeals) on ground that, CIT(A) has grossly erred in c.....
Tags : Disallowance, Confirmation, Legality
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Suspicion towards possible escapement would not permit the Assessing Officer to reopen a completed assessment in defiance of statutory requirement(06.10.2023)
Present appeal has been filed by the assessee against the order of the learned Commissioner of Income Tax (Appeals). As per the grounds of appeal, the.....
Tags : Assessment, Jurisdiction, Legality
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Freight/insurance amount is not includable in assessable value of goods for charging excise duty(05.04.2024)
In present matter, the Appellant entered in contract with IOCL, HPCL. As per the contract the appellant is responsible for delivery of goods to the de.....
Tags : Demand, Confirmation, Legality
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Unless the charges upon the assessee are specific, penalty under Section 271(1)(c) of IT Act is not leviable(18.10.2022)
Present appeal by the assessee is directed against the order of the Learned Commissioner of Income Tax (Appeals), pertaining to Assessment Year 2015-1.....
Tags : Penalty, Imposition, Legality
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A challenge to the order of a Commissioner can be made only on a substantial question of law(04.11.2022)
The Appellant has preferred the present appeal under Section 30 of the Employees' Compensation Act, 1923, assailing the order passed by the learned Co.....
Tags : Compensation, Direction, Legality
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No disallowance under Section 36(1)(va) of IT Act can be made on account of delayed payment of PF and ESIC, if such payments are made before the due date of filing of the return(14.07.2022)
The assessee is a private limited company engaged in the business of automobile dealership business. It filed its return of income. The return was pro.....
Tags : Assessment, Addition, Legality
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Benefit of extended period of limitation is not available to Revenue when there being no element of fraud, mis-statement or contumacious conduct(15.03.2022)
The brief facts are that the Appellants are registered with the Central Excise Department and engaged in the manufacture of galvanised towers and stru.....
Tags : Demand, Penalty, Legality
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Issue of jurisdiction goes to the roots of the cause and such an issue can be raised at any belated stage of the proceeding including appeal(22.03.2022)
Present appeal has been filed challenging the order passed by Income Tax Appellate Tribunal [ITAT]. Learned counsel for the Appellant states that ITAT.....
Tags : Addition, Deletion, Legality
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When documents established that goods imported co-relates with the invoices, refund should not be denied on some minor variation in describing goods(04.04.2024)
In facts of present case, the Appellant filed refund claim for refund of Special Additional Duty paid by them at the time of import of goods as under .....
Tags : Refund claim, Denial, Legality
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Appeal before the CIT(A) should be admitted only when the assessee paid the advance tax where return of income has not been filed(12.04.2024)
In present case, the assessee has not filed original return of income for assessment year 2013-14 and the case was reopened for the reason that, the a.....
Tags : Assessment, Addition, Legality
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In the absence of fresh tangible material, the action under Section 147 of the IT Act by the AO is not tenable(20.05.2022)
The case of the assessee has been taken up for scrutiny and assessment order under Section 153A read with 143(3) of the Income Tax Act, 1961 (IT Act) .....
Tags : Assessment, Reopening, Legality
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When substantive addition has already been completed, no protective addition can be confirmed(18.08.2023)
Assessee filed return of income declaring income of Rs. 85,626. In the assessment order, the AO has made an addition under Section 68 of the Income Ta.....
Tags : Assessment, Deletion, Legality
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Burden of proof is on employer to disprove the nature of the certificate in order to deny benefits(17.03.2023)
The present Appeal is directed against the final order and judgment in Review Application passed by the High Court, and against order passed by the Hi.....
Tags : Retirement benefits, Denial, Legality
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When a statute provides for liquidation commencement date as a date up to which claims can be filed and proved, no claim thereafter can be entertained by the Liquidator(06.02.2023)
Present Appeal has been filed challenging the Order passed by the National Company Law Tribunal, in application filed by the Liquidator which Applicat.....
Tags : Payment, Direction, Legality
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There has to be satisfaction of the Assessing Officer for reopening of the assessment and reopening cannot be made in a mechanical manner(26.12.2023)
The assessee has challenged reopening of assessment by the learned Assessing Officer under Section 147 of the Income Tax Act, 1961 (IT Act) which was .....
Tags : Assessment, Reopening, Legality
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Arbitration Clause from another contract can be incorporated into the contract only by a specific reference(19.03.2024)
The present appeals challenge the interim order and final judgment passed by the High Court, whereby the High Court allowed the application under Sect.....
Tags : Appointment, Arbitrator, Legality
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Date of absorption would be the date from which the regular service for the purpose of MACP shall be determined(27.03.2023)
The challenge in present writ petition is to an order passed by the Central Administrative Tribunal, whereby the Tribunal has allowed the Original App.....
Tags : ACP, Benefit, Legality
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Question of title must be decided by civil court only(02.06.2022)
Present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) for quashing the Notice dated 8th September, 2021, is.....
Tags : Notice, Proceedings, Legality
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Presumption of innocence of accused is further reinforced by acquittal by the trial Court(23.12.2022)
Present appeal against acquittal is filed by the State challenging the judgment and order passed by the learned Special Judge and Additional Sessions .....
Tags : Innocence, Acquittal, Legality
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Nursery activities of growing various types of lawns, flower plants and vegetable plants cannot be considered as commercial activity for treating the same as business income(25.08.2023)
The assessee filed return of income for the Assessment Year (A.Y.) 2013-14 showing total income at Rs.1,97,520 alongwith agricultural income at Rs.75,.....
Tags : Assessment, Addition, Legality
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Unless the finding of acquittal is found to be perverse or impossible, interference with the same would not be warranted(02.04.2024)
The present appeal challenges the judgment passed by the High Court, thereby allowing the appeal of the Respondent-State. The High Court, reversing th.....
Tags : Acquittal, Reversal, Legality
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Deduction under Section 36(1)(va) of the IT Act can be allowed only if the employees' share in the relevant funds is deposited by the employer before the due date stipulated in respective Acts(12.05.2023)
Assessee is a company stated to be engaged in the business of manufacturing of components for automobile industry. Assessee electronically filed its r.....
Tags : Assessment, Disallowance, Legality
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Penalty cannot be levied on assessee for bona fide mistakes which were corrected by filing the revised computation during the assessment proceedings(12.02.2024)
The present appeal has been filed by the assessee challenging the impugned order passed under Section 250 of the Income Tax Act, 1961by the learned Co.....
Tags : Penalty, Imposition, Legality
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Initial burden of proof lies on the Department to show Assessee’s intention to evade tax, when the error in the documents is only typographical error(19.02.2024)
Present is a petition under Article 226 of the Constitution of India, 1950 wherein the writ Petitioner is aggrieved by the order passed in appeal and .....
Tags : Penalty, Imposition, Legality
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Fixation of pay scale is in realm of employer and Court should exercise restraint unless entitlement is denied due to irrational consideration(09.11.2023)
The Respondent is an Association of Employees in the Head Quarters of Ordnance Factory Board. They sought for upgradation of the pay scales of Assista.....
Tags : Pay scale,upgradation, Legality
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Autonomy of an irrevocable letter of credit is entitled to protection and Courts should refrain from interfering with that autonomy(10.11.2022)
Present Civil Appeal has been filed assailing the impugned judgment passed by the National Consumer Disputes Redressal Commission (‘National Commissio.....
Tags : Compensation, Reduction, Legality
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Suspicion, however, strong it may be, the same cannot be accepted as final truth without bringing on record some tangible evidence(24.08.2023)
The assessee engaged in the business of manufacturing, export and retail sale of jewellery, filed its return of income for AY 2017-18 at a total incom.....
Tags : Assessment, Deletion, Legality
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A writ lies only when there is a right, and without a right, a writ is not maintainable(31.05.2022)
In present matter, aggrieved by the termination of the membership of the Petitioner by the Saket Sports Complex, the instant writ petition has been fi.....
Tags : Membership, Termination, Legality
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A valid authorization is necessary to institute a complaint under the NI Act(01.04.2024)
In present case, judgment and order passed by trial Court acquitting Respondent from offence under Section 138 of the Negotiable Instruments Act (the .....
Tags : Complaint, Dismissal, Legality
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In proceedings before the Commissioner under the Workmen's Compensation Act, the provisions of Code of Civil Procedure and Evidence Act are not applicable(06.06.2022)
The Appellant has preferred the present appeal under Section 30 of the Workmen's Compensation Act, 1923 seeking setting aside of the order/judgment pa.....
Tags : Compensation, Grant, Legality
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Sum received from creditors cannot be regarded as unexplained credit/ income of the assessee(21.12.2022)
Present appeal filed by the assessee is directed against the order of the Commissioner of Income Tax (Appeals), and pertains to assessment year 2013-1.....
Tags : Assessment, Additions, Legality
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Any person claiming refund of any duty is to make an application before the expiry of one year from the date of payment of such duty or interest(28.08.2023)
Present Petition impugns the rejection of a refund claim of Rs. 38,90,832 vide order passed by the Respondent no.3-Assistant Commissioner of Customs, .....
Tags : Refund claim, Rejection, Legality
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If there is no sanction, no cognizance of the complaint can be taken by trial Court and complaint cannot be proceeded further(19.07.2022)
The Petitioner has been arrayed as an accused in complaint case which has been filed against him as well as the company ASM Traxim Pvt Ltd. for violat.....
Tags : Charges, Cognizance, Legality
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Candidate for enrolment as an Advocate needs to have completed law course from a college approved by BCI(09.06.2023)
Bar Council of India (BCI) is in appeal against the order passed by a Division Bench of the High Court. By the said order, BCI was directed to forthwi.....
Tags : Enrolment, Direction, Legality
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Mere recovery of currency note from an accused without proof of demand does not establish an offence under Prevention of Corruption Act(06.06.2023)
Present is an appeal under Section 374 of Code of Criminal Procedure, 1973 (CrPC) challenging the Judgment passed by learned Special Judge. Appellant .....
Tags : Illegal gratification, Conviction, Legality
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Notice under Section 274 of the IT Act should specifically state the grounds on which penalty was sought to be imposed(13.05.2022)
The present appeals have been filed by the assessee against the orders of the learned CIT(A). The Assessing Officer made addition on account of agricu.....
Tags : Penalty, Levy, Legality
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Levy of penalty has to be clear as to the limb under which it is being levied(17.05.2022)
The Assessee has claimed expenses of Rs. 48,53,671 under the "business promotion expenses" which were disallowed by the Assessing Officer (AO) on the .....
Tags : Penalty, Levy, Legality
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VAT and service tax are mutually exclusive and cannot be simultaneously levied(07.02.2022)
The Appellants are engaged in the business of supply, erection, commissioning and maintenance and repairs of lifts, elevators. They hold Central Excis.....
Tags : Demand, Confirmation, Legality
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Factual finding of the Appellate Authority cannot be interfered with in an appeal under Section 62 of the IBC(22.09.2022)
Present appeal under Section 62 of the Insolvency and Bankruptcy Code 2016, the ‘IBC’, is against a Judgement passed by the National Company Law Appel.....
Tags : CIRP, Initiation, Legality
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Extended period cannot be invoked unless a positive act on the part of the assessee is evidenced showing the intent to evade payment of duty(20.02.2024)
Issue to be decided in the instant case is as to whether the Appellants are liable to pay penalty under Section 78 of the Finance Act, 1994 when the s.....
Tags : Penalty, Imposition, Legality
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Once doubt regarding loan transaction creeps in, benefit goes to accused(27.02.2024)
In present matter, case was filed by present Appellant setting up a case that, out of friendly relations and due to financial need he gave loan of Rs......
Tags : Chequebounce, Acquittal, Legality
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Buyer's premises cannot in law be a "place of removal" under Section 4 of Central Excise Act(30.06.2022)
The Appellants are engaged in manufacture of excisable goods. During the scrutiny of their records, it was noticed that the Appellants were recovering.....
Tags : Demand, Confirmation, Legality
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IT services provided by Assessee to associate Company in USA amounts to export of service(06.06.2022)
The issue involved in the present case is that whether the IT Service provided by the Appellant to their associate company Celtic Cross Holding Inc. U.....
Tags : Demand, Confirmation, Legality
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Non-disclosure of material information itself could be a ground for cancellation of employment(05.04.2022)
The challenge is to the judgment and order in Writ Appeal, whereby the Division Bench of the High Court, in partial disapproval of the order passed by.....
Tags : Lesser punishment, direction, Legality
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Act of private defence is necessarily a defensive right and should have been done in good faith and without malice(14.06.2022)
The Appellant is aggrieved by the judgement passed by the Division Bench of the High Court dismissing a writ petition filed by him, wherein he had cha.....
Tags : Private defence, Conviction, Legality
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Levy of penalty has to be clear as to the limb under which it is being levied(23.11.2023)
The Assessee has challenged the penalty order on various grounds. In the instant case, the AO initiated penalty under Section 271(1)(c) of the Income .....
Tags : Penalty, Levy, Legality
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Addition made purely on the basis of conjectures and surmises is not permissible under law(17.05.2022)
The assessee is an individual and is engaged as partner in the business of manufacturing of shoes under the name "Zoomtech Industries" who filed retur.....
Tags : Assessment, Additions, Legality
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Notice must stipulate that there was a failure on the part of the assessee to disclose fully and truly material facts necessary for its assessment(13.03.2023)
By present writ petition invoking jurisdiction under Article 226 of the Constitution of India, the Petitioner impugns Notice issued by the Respondent .....
Tags : Assessment, Notice, Legality
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While exercising the power under Order VII Rule 11 of CPC, the Court has to see the averments made in the plaint and documents relied upon by the Plaintiff(05.07.2022)
The present revision petition has been filed challenging the impugned order whereby the application under Order VII Rule 11 of Code of Civil Procedure.....
Tags : Revisional jurisdiction, Interference, Illegality
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Courts, while exercising jurisdiction under Article 226 of the Constitution of India cannot annul the registered document on the ground of fraud and misrepresentation(03.03.2023)
The present writ petition has been filed for issue a writ of Mandamus directing the Respondent No. 4 to immediately cancel the impugned conveyance dee.....
Tags : Conveyance deed, Execution, Legality
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A refund can be claimed by a person who has borne the incidence of tax(05.09.2022)
Appellant has filed present Appeal to assail the order passed by the Commissioner (Appeals), by which the order passed by the adjudicating authority r.....
Tags : Refund claim, Rejection, Legality
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Primary onus lies with the assessee to explain the source of credit in the books under Section 68 of the IT Act(16.11.2023)
The appeal has been preferred by the assessee against the order of the Commissioner of Income Tax (Appeals). The only issue raised by the assessee is .....
Tags : Assessment, Additions, Legality
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Once the Resolution Plan came to be duly accepted, the bar created in terms of Section 31 of the IBC would apply(15.04.2024)
The Petitioner impugns notices issued under Section 144B of the Income Tax Act, 19611 pertaining to Assessment Year 2021-22 dated 27 June 2022 as well.....
Tags : Notices, Issuance, Legality
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As the assessee trust only carried out educational activities, exemption under Section 10(23C)(vi) of the IT Act is to be allowed(17.05.2022)
The assessee is a charitable trust registered with Assistant Charity Commissioner. The trust is also registered under Section 12A of the Income Tax Ac.....
Tags : Exemption, Denial, Legality
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In absence of any consideration paid for the alleged commission agent services, no service tax can be demanded(07.02.2022)
The Appellant are merchant exporter and engaged in export of textiles goods such as fabrics, scarves, sarees, dress materials etc. to various countrie.....
Tags : Demand, Confirmation, Legality
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If the findings of the disciplinary authorities are arrived at after ignoring the relevant material, the court in judicial review can interfere(04.12.2023)
The Appellant was a Constable with the Rajasthan Armed Constabulary, 9th Battalion, Jodhpur. He was appointed on 15th December, 1991. A First Informat.....
Tags : Termination, Penalty, Legality
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Any plant, machinery, equipment or accessories required for manufacture or production, either directly or indirectly, of goods would fall within the scope of capital goods(23.09.2022)
The Appellant purchased a "Complete Used Stainless Steel Tube Manufacturing Plant" including parts, spares, accessories, tools & tackles and office re.....
Tags : Confiscation, Penalty, Legality
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Appointment to a higher post of an incumbent working on lower post is in the form of an accelerated promotion but it cannot be equated with normal mode of promotion(28.11.2023)
The Appellant who was working as a constable with the Border Security Force (BSF), applied for the post of Sub-Inspector General Duty (GD) through Lim.....
Tags : Promotion, Denial, Legality
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Notice itself would be invalid, if signature of the Assessing Officer have not been affixed on the notice issued under Section 148 of the IT Act(09.01.2023)
Present Writ Petition filed under Article 226 of the Constitution of India, 1950 seeks from this Court, a Writ of Certiorari to quash and set aside th.....
Tags : Assessment, Notice, Legality
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Charge of suppression could not have been brought against an importer, if he has correctly described the goods in the Bill of Entry(25.01.2024)
The importer, had filed a Bill of Entry No. 3450978 dated 3rd October, 2017 for the clearance of the goods declared as 'GSL Artemia Brine Shrimp Foods.....
Tags : Penalty, Imposition, Legality
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Different educational qualification and experience prescribed for appointment is a valid basis to grant different pay scales(16.01.2023)
The Respondents are working as the Nursing Assistants in various hospitals under the establishment of Border Security Force. All of them were being pa.....
Tags : Pay-scale, Direction, Legality
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No jurisdiction can be assumed for framing assessment under Section 147 of the IT Act in absence of reasons to believe about the escapement of income(19.12.2022)
The assessee is a real estate agent, who furnished his original return. Thereafter, the Assessing Officer (AO) received information indicating that, t.....
Tags : Assessment, Additions, Legality
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Mere making of a claim which is not sustainable in law by itself will not amount to furnishing of inaccurate particulars of income(10.05.2023)
The assessee has filed present appeal challenging the order passed by the Learned Commissioner of Income Tax (Appeals) and it relates to Assessment Ye.....
Tags : Assessment, Penalty, Legality
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Equal penalty can be imposed only in a case where the duty has not been paid or short paid by reason of collusion or any willful mis-statement or suppression of fact(19.04.2024)
Present appeal is directed against order-in-original wherein the Appellant challenged only imposition of penalties of Rs. 68,74,072 imposed under Sect.....
Tags : Penalty, Imposition, Legality
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Once it is an established fact that, there is a commercial expediency, no interest can be disallowed under Section 36(1)(iii) of the IT Act(10.02.2022)
The assessee is a company engaged in the business of setting up & service of Effluent Water Treatment Plants, filed return of income. During the cours.....
Tags : Assessment, Additions, Legality
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Electricity charges reimbursed to the service provider by the service recipient not includible in gross value of service(11.04.2022)
In present case, an enquiry was conducted against the Appellant and on verification of documents, department noticed that, assessee are providing 'Bus.....
Tags : Demand, Confirmation, Legality
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Once a suit is held not maintainable, no relief of injunction can be granted(03.03.2022)
The original Defendant has preferred the present appeal against the impugned judgment and order passed by the High Court by which the High Court has d.....
Tags : Injunction, Grant, Legality
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Any issue which is not flowing from the show cause notice being beyond the show cause notice, need not be addressed by the authority(23.09.2022)
The brief facts of the case are that, the Appellant was issued show cause notice proposing demand of Cenvat credit of service tax paid under Section 6.....
Tags : Demand, Deletion, Legality
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Extended period of limitation could not be invoked as intention to evade duty cannot be alleged against Assessee(05.09.2022)
Present appeal has been filed by Nabros Pharma Pvt Ltd against confirmation of demand of service tax, interest and imposition of penalty. The Appellan.....
Tags : Demand, Penalty, Legality
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Defence of an accused is not to be considered while framing charges(26.04.2022)
Present petition has been filed under Article 227 of the Constitution of India read with Section 482 of Code of Criminal Procedure, 1973 (CrPC) prayin.....
Tags : Charge, Framing, Legality
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CENVAT credit cannot be denied on the basis that such availment was not reflected in ST-3 Returns(25.01.2024)
The brief issue to be considered in present case is as to whether the Appellant will not be eligible for CENVAT credit for the reason that the same wa.....
Tags : Cenvat credit, Denial, Legality
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Where the payment made during search is not voluntary, the taxpayer is required to be refunded said deposits(05.12.2023)
The Petitioner has filed the present petition principally challenging the search / inspection conducted at his business premises under Section 67(1) o.....
Tags : Search, Legality, Refund
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Insurer must give cogent and satisfactory reasons for not accepting surveyor’s report(17.05.2023)
The aggrieved Appellant-Insurance Company has filed the present appeal under Section 23 of the Consumer Protection Act, 1986 challenging the judgment .....
Tags : Payment, Direction, Legality
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Commuted value can be decided only on the specific application of the pensioner(10.11.2022)
The question posed for consideration in present Original Application is whether pension can be commuted suo-motu by the Pension Sanctioning Authority,.....
Tags : Pension, Commutation, Legality
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Voluntary contributions specifically received towards corpus of the trust cannot be brought to tax(17.01.2023)
The only issue emanates for consideration is as to whether the CIT(A) justified in confirming the addition made by the AO on account of corpus contrib.....
Tags : Exemption, Denial, Legality
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Assessee would be entitled to deduction, when Employees' contribution to PF and ESI, is paid before the due date of filing of the return of income under Section 139(1) of the I.T. Act(07.02.2022)
Present appeals at the instance of the assessee are directed against two orders of the CIT(A). The ground raised in both the appeals is identical, i.e.....
Tags : Deduction, Disallowance, Legality
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Value of books cannot be included in the consideration for coaching services(18.05.2023)
The present appeal has been filed by Kanhaiya Singh Vision Classes Pvt. Ltd. (the Appellant) being aggrieved by the Order-in-Original (OIO) passed by .....
Tags : Demand, Penalty, Legality
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Punishment can be interfered only if Court comes to a positive conclusion that, penalty imposed on the employee shocks its conscience(22.01.2024)
Present are cross Petitions filed by the employer and the workman challenging the award passed by the Presiding Officer. By the impugned Award, the Re.....
Tags : Award, Penalty, Legality
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An employee has right to withdraw resignation not only before its acceptance but also before the date of actual relieving(30.01.2024)
The Petitioner-Employer has filed present petition challenging the Judgment and Order passed by the Industrial Court, reversing the decision of the La.....
Tags : Compensation, Direction, Legality
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Demand cannot be confirmed by comparing the ST -3 returns with balance sheet figures, in the absence of any evidence to the contrary(29.02.2024)
In facts of the present case, in the course of an audit by the Audit Commissionerate, the figures of ST-3 Returns filed during the period April 2015 t.....
Tags : Demand, Confirmation, Legality
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Reimbursable expenses are not includible in the taxable value of services(19.04.2024)
The Appellant is in appeal against the impugned order wherein the demand of service tax has been raised on account of non-inclusion on reimbursable ex.....
Tags : Demand, Confirmation, Legality
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When borrower is aggrieved by any of the actions of the bank for which the borrower has remedy under the SARFAESI Act, no writ petition should be entertained(08.08.2022)
The Petitioner, who stood as a guarantor to a loan facility, is aggrieved with the recovery action initiated by the bank, against the borrower and him.....
Tags : Recovery action, Initiation, Legality
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Section 17 of BIS Act prohibit the import of goods without requisite BIS license(06.07.2022)
The Appellant is engaged in import of Cold Rolled Grain Oriented (CRGO) Electrical Steel Sheet/Coils. For import of CRGO, Steel Sheets/Coils, BIS cert.....
Tags : Confiscation, Goods, Legality
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Assessing Officer is bound to furnish reasons within a reasonable time(25.04.2022)
Present writ Petition has been filed challenging the notice issued by the Respondent under Section 148 of the Income Tax Act, 1961 and the assessment .....
Tags : Demand notice, Penalty, Legality
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In absence of any specific finding against the assessee, the assessee cannot be held to be linked to the wrong acts merely on basis of assumptions(23.12.2022)
The assessee is an individual and deriving income from business and from investment in shares and from other sources. The assessee for the year under .....
Tags : Assessment, Additions, Legality
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Court while passing an order on charges is not expected to weigh the evidence as if trial is being conducted(19.07.2022)
Present revision is directed against the order on charge and consequent framing of charge against the Petitioner, by the learned Additional Sessions J.....
Tags : Charge, Framing of, Legality
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Mere disallowance of a claim will not amount to furnishing of inaccurate particulars of income(20.07.2022)
The Appellant company is engaged in the real estate development business. During the assessment proceedings under Section 143(3) of Income Tax Act, 19.....
Tags : Penalty, Deletion, Legality
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In the absence of any contrary term in the service contract, a transfer order is a normal incidence of service(05.06.2023)
Present Petition takes exception to the judgment passed by the learned Member, Industrial Court, Mumbai, whereby the learned Member dismissed the comp.....
Tags : Transfer order, Business exigencies, Legality
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Disallowance is not sustainable as repairs to machineries is not capital expenditure(09.06.2023)
Present appeal has been filed by the assessee against order passed by the learned Commissioner of Income Tax (Appeals) ["CIT(A)"] confirming the disal.....
Tags : Assessment, Disallowance, Legality
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When assessee has wilfully and deliberately concealed income by not filing the Return of Income, assessee is liable for penalty(07.09.2022)
The present appeal has been filed by the Revenue against the order passed by the Commissioner of Income Tax (Appeals), Ahmedabad quashing the penalty .....
Tags : Penalty, Deletion, Legality
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For quashing of complaint, it must be shown that no offence is made out against the Director or Partner(16.09.2022)
Present appeal is at the instance of the original complainant of a complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (“the NI .....
Tags : Proceedings, Quashing of, Legality
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Assessment of compensation cannot be done with mathematical precision(06.03.2024)
The present appeal has been preferred aggrieved against the judgment of the High Court, vide which the compensation awarded to the Appellants (claiman.....
Tags : Compensation, Reduction, Legality
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Erroneous application of law cannot be categorised as patent illegality(06.01.2023)
Appellant by way of present Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) impugns judgment, whereby the obje.....
Tags : Objections, Award, Patent illegality
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No demand of duty amount can be confirmed without issuing show cause notice and following the procedure prescribed under Section 11A of the Central Excise Act(06.12.2023)
The present appeal is directed against the impugned order passed by the Commissioner (Appeals) deciding two appeals of the Appellant whereby the Commi.....
Tags : Refund claim, rejection, Legality
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No addition can be made on assessment framed under Section 153A of IT Act dehors incriminating material found during the search(05.12.2023)
Present appeal by the assessee is directed against the order of the learned CIT (Appeals) for the assessment year 2014-15. The assessee submitted that.....
Tags : Assessment, Addition, Legality
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Completed assessment cannot be disturbed in absence of any incriminating material/documents found in the course of search(17.05.2023)
The assessee in the present case is a private limited company and engaged in the business of Ship Breaking. There was a search and seizure operation u.....
Tags : Assessment, Deletion, Legality
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Assessment framed without disposing of objections filed by the assessee against the re-opening of assessment cannot be sustained(04.01.2023)
Present is an appeal preferred by the assessee against the order of the Commissioner of Income Tax (Appeals) Kolkata ['CIT(A)'] for the assessment yea.....
Tags : Re-opening, Assessment, Legality
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Merely an addition made during the quantum proceeding will not attract penalty under Section 271(1)(c) of the IT Act(04.01.2023)
Appeal has been filed at the instance of the assessee against the order of the learned Commissioner of Income Tax (Appeals) (CIT(A)), arising in the m.....
Tags : Assessment, Addition, Legality
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Power under Article 227 of the Constitution is intended to be used only in appropriate cases and not for correcting mere errors(04.03.2024)
The present petition has been filed under Article 227 of the Constitution of India, impugning the order passed by Trial Court whereby the Learned Tria.....
Tags : Demarcation, Direction, Legality
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When object of subsidy schemes of State Governments is to encourage development of Multiple Theatre Complexes, incentives are held to be capital in nature(16.06.2023)
The instant appeal filed by the Revenue is directed against the order passed by the Ld. Commissioner of Income Tax (Appeals) treating entertainment ta.....
Tags : Entertainment tax, Exemption, Legality
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Shareholders are excluded from 'representation', 'participation' or 'voting in the CoC' and are represented in the CoC only through the Directors(13.06.2023)
The Present Appeals are filed under Section 61 of the 'Insolvency and Bankruptcy Code, 2016' (IBC), against the Impugned Orders passed by the 'Adjudic.....
Tags : Resolution plan, Approval, Legality
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Assessment framed merely on the basis of an information of cash deposit is not tenable in absence of any material establishing that income has escaped the assessment(14.06.2023)
In facts of present case, it had come to the notice of the Assessing Officer (AO) that, the assessee had deposited cash of Rs.11.21 lakhs in the Bank .....
Tags : Assessment, Addition, Legality
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When the evidence of the eye-witnesses is of sterling quality, an adverse inference need not be drawn(13.12.2023)
Present is an appeal preferred by the Accused Nos. 1 and 2. The learned Trial Court convicted Accused No. 3, for the offence punishable under Section .....
Tags : Common intention, Conviction, Legality
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Interlocutory application seeking discharge in the midst of trial is not maintainable(03.08.2023)
The Appellant by way of instant appeal has assailed the judgment and order passed by the High Court whereby the High Court has allowed the said petiti.....
Tags : Trial, Discharge, Legality
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Penalty under Section 271AAA of IT Act cannot be imposed on the basis of surrendered amount(16.05.2023)
Present appeal has been preferred by the Assessee against the order of CIT(A)-XXXI arising out of an appeal before it against the order passed under S.....
Tags : Penalty, Levy, Legality
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Once the duty on final products has been accepted by the department, CENVAT credit availed need not be reversed, even if, the activity not amount to manufacture(14.12.2023)
In facts of present case, the Appellant is engaged in the manufacture of excisable goods viz. Electric Resistance Welded (ERW) Steel Tubes. They avail.....
Tags : Demand, Confirmation, Legality
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Defect in notice by not striking off the irrelevant matter vitiates the penalty proceedings(15.12.2023)
The present appeal has been filed by the assessee challenging the impugned order passed under Section 250 of the Income Tax Act, 1961 (IT Act) by the .....
Tags : Penalty, Levy, Legality
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When primary facts necessary for assessment are truly disclosed, the Assessing Officer is not entitled on change of opinion to commence proceedings for reassessment(13.12.2023)
In present matter, the original assessment order was passed under Section 144 of the Income Tax Act, 1961 on 24th December, 2008 in which certain addi.....
Tags : Time period, Reassessment, Legality
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Rights and duties of the parties to the contract subsist or perish in terms of the contract itself(18.11.2022)
Present appeal is against the decision of the High Court in an Arbitration Revision under Section 19 of the Madhya Pradesh Madhyastham Adhikaran Adhin.....
Tags : Agreement, Award, Legality
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When there is no doubt on papers and the conduct of the parties, creating doubt cannot be the basis for making addition(04.08.2023)
The return of income was field on 30.09.2014 declaring total income of Rs.7,52,410 and agricultural income of Rs.6,16,315. The same was processed unde.....
Tags : Assessment, Additions, Legality
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Affidavit given by the third party cannot be used against the assessee without affording the opportunity of cross examination(02.08.2023)
The assessee is engaged in the business of manufacturing and trading of PSC sale. The assessee in the year under consideration has purchased a residen.....
Tags : Assessment, Addition, Legality
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Witnesses cannot be allowed to be recalled in a routine manner merely on basis that cross-examination was not properly conducted(30.01.2024)
In facts of present case, the complainant/Petitioner had filed a complaint against the accused/respondent under Section 138 and 142 of the Negotiable .....
Tags : Witness, Recall, Legality
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Section 220(2) of IT Act does not empower the revenue to demand interest relating back to a set aside order, when a fresh assessment order has been passed thereafter(17.11.2022)
The Assessee is engaged in the business of network design, management, communication, connectivity services and related products. The Assessee filed i.....
Tags : Interest, Deletion, Legality
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TDS deposited to IT Department in relation to the payment made to foreign service provider over and above invoice value of services, is not liable to service tax(31.01.2024)
The Appellant has imported services like testing, auditing, consultancy etc. from outside India against a consideration. Show Cause Notice was issued .....
Tags : Demand, Confirmation, Legality
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Operational Creditor cannot claim parity with Financial Creditors(30.01.2024)
Present Appeal has been filed against the order passed by the Adjudicating Authority (National Company Law Tribunal) by which order the Adjudicating A.....
Tags : Resolution plan, Approval, Legality
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Circumstances howsoever strong cannot take place of proof and the guilt of the accused have to be proved by the prosecution beyond reasonable doubt(15.02.2022)
The present appeal filed by the Appellants-accused emanates from the Judgment passed by the High Court, whereby the High Court has dismissed the said .....
Tags : Circumstantial evidence, Conviction, Legality
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Special Court trying offences under I.B. Code shall be "deemed to be Court of Sessions"(14.02.2022)
Present petition under Article 227 of the Constitution of India, 1950 read with Section 482 of the Criminal Procedure Code, 1973 assails the order, "I.....
Tags : Proceedings, Jurisdiction, Legality
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Present Court is not supposed to substitute its decision over the decision of administrative authority(17.02.2022)
Present petition is filed for issue of a writ in the nature of mandamus and for direction/order, thereby quashing/setting-aside the impugned Memorandu.....
Tags : Penalty, Imposition, Legality
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Where addition has been made on estimation basis, no penalty under Section 271(1)(c) of IT Act could be made qua such addition(16.02.2022)
Present appeal is filed by the assessee against order passed by the Learned Commissioner of Income-tax (Appeals) relating to the assessment year 2010-.....
Tags : Penalty, Confirmation, Legality
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