17 June 2019


Search Results for Tag : IL

Judgments

District courts 'principal civil Court' in Bihar(30.07.2015)

The District Court, not the Subordinate court, have original jurisdiction in Bihar for receiving matters under Section 34 of the Arbitration and Conci.....

Tags : arbitration, civil, original jurisdiction

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Commissioner, Service Tax cannot delve into correctness of Cenvat(30.10.2014)

On a perusal of sample debit notes, the nature of the service clarified by the Service Tax registration number, the Tribunal found in favour of the Ap.....

Tags : business auxiliary service, cenvat

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Divisional Railway Manager a 'factory'(03.08.2015)

The Supreme Court held that a canteen at the Divisional Railway Manager, Moradabad was a 'statutory canteen'. With all requirements of a factory save .....

Tags : railway, factory, labour

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Juvenile at time of offence exempt from sentence(07.08.2015)

The Supreme Court released a person imprisoned for 10 years, after he was declared a juvenile at the time of the offence. The Petitioner had failed to.....

Tags : juvenile, exempt, sentence

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Recovery of dues owed by MPs, MLAs and political bodies(07.08.2015)

In a PIL raising issue to dues owed by Members of Parliament, Legislative Assemblies and other political entities to public utility providers and hote.....

Tags : politicians, arrears, public utilities

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Earlier assault can bolster suspicion of murder, but is not sufficient by itself to conclude guilt of accused(15.04.2015)

In a case where the Appellant was accused of the murder of his wife, the Court held that a prior incident of assault against the wife 'stands alone' a.....

Tags : Suspicion, death, guilt, unnatural circumstances

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Post-dated cheques given as security against advance do not constitute a legally enforceable liability(14.08.2015)

When cheques are given as security against an advance, and could not be encashed unless the account between the parties was settled, the amount of suc.....

Tags : Cheque, dishonour, enforceable liability, post-dated

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CWC and Labour Department more in breach than compliance of child welfare guidelines(04.09.2015)

In a case emerging out a lack of action taken by the police against a person employing children in a welding shop, the Court made a “shocking revelati.....

Tags : Children, employed, welfare commission, parents

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Court restricts iBall from importing mobiles, handsets and other devices(02.09.2015)

Ericsson was successful in its plaint alleging infringement of its patents by several mobile devices imported by and sold as iBall products. Some of t.....

Tags : Mobile, patent, speech, codec

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Quantity of goods actually imported not bill lading to determine value of goods imported(02.09.2015)

Levy of import duty can be imposed only on imported goods, not on goods that escaped payment of duty. In the instant case, the Assessee had not paid i.....

Tags : Import, quantity, bill of lading, value

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Civil Courts in West Bengal have authority to entertain tenant's application for repair of premises(19.08.2015)

The West Bengal Premises Tenancy Act, 1997 does not exclude jurisdiction of the Civil Court in an application to facilitate urgent repair work. A civi.....

Tags : Tenancy, civil court, jurisdiction

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Prominent Hotels Ltd. suit for injunction against eviction not maintainable(11.09.2015)

Setting aside the judgment of the trial court, the Delhi High Court pronounced Prominent Hotels’ suit for declaration and injunction against the NDMC .....

Tags : Hotel, eviction, lease, maintainability, suit

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Madras High Court denies anticipatory bail to Subhiksha promoter(18.09.2015)

The Court denied anticipatory bail to R. Subramanian, noting that it had already passed lenient orders in the past in efforts to enable some repayment.....

Tags : Anticipatory bail, depositors, access

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Supreme Court values excess land owned by Wadiyar royalty(21.09.2015)

In a question on valuation of property for the purposes of wealth tax, the Supreme Court held that property, the overall area of which exceeded that a.....

Tags : Ceiling, valuation, land, wealth tax

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Court denies bail to former Delhi Law Minister(22.09.2015)

Noting the litany of serious charges leveled against Somnath Bharti, former Law Minister for the State of Delhi, the Court dismissed his petition “tha.....

Tags : Law minister, bail, cruel, wife

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High Court reinforces importance of wearing helmet while riding two-wheeler(08.06.2015)

The Madras High Court directed the government to take several proactive steps in tackling death and injury caused in accidents due to two-wheeler ride.....

Tags : Two wheeler, helmet, visibility, free

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Court can lift corporate veil to determine common business goal and privity of interest(17.08.2015)

The corporate veil can be lifted by the Court in “diverse circumstances” to determine the true nature of a company or a group of companies. The Appell.....

Tags : Corporate veil, subsidiary, agreement

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Government ban on crude palm oil imports through Kerala ports in public interest(21.08.2015)

The Supreme Court held that there existed “sufficient public good” in banning the import of crude palm oil through ports in Kerala. The government had.....

Tags : Import ban, validity, constitutionality, palm oil

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Motion for injunction against 'Manjhi – The Mountain Man' dismissed by Bombay High Court(20.08.2015)

The Court dismissed a motion for injunction against the film, 'Manjhi – The Mountain Man', for infringing copyright vested in the Plaintiffs' script. .....

Tags : Film, injunction, prior awareness

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Not water under the bridge: anticipatory bail for misappropriation of funds denied(01.10.2015)

In a case where the Appellants were accused of misappropriating public funds by granting a construction contract to a non-existent contractor, the Sup.....

Tags : Misappropriation, public, anticipatory, bail, cancel

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

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

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

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Madras High Court grants bail to Subhiksha founder(16.10.2015)

Madras High Court granted bail to ‘Subhiksha’ founder R. Subramaniam, on the condition of fulfillment of a bail bond and sureties. The Court had previ.....

Tags : Subramanian, subhiksha, bail, grant

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Court derides lack of legislation on rehabilitation for sexual assault victims(03.11.2015)

In a case involving the rape of a minor and birth of a child as a consequence, the Allahabad High Court, taking note of the physical and mental trauma.....

Tags : Rape, rehabilitation, victim, child, compensation

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Justice not only done but also seen to be done: Kerala HC(09.11.2015)

Kerala High Court held that the Director of Vigilance can give ‘timely directions’ while conducting investigation, but not after. Observations and fin.....

Tags : Vigilance, minister, improper investigation

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Delhi Juvenile Justice Rules not unconstitutional(19.11.2015)

The Delhi High Court rejected a petition calling the procedure for determining juvenility of an accused unconstitutional and in conflict with the law......

Tags : Juvenile, priority, proof, rules, variation

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Appeal against Single Judge order for further criminal investigation not maintainable(19.11.2015)

The Orissa High Court held that an appeal against a Single Judge judgment directing further investigation in a criminal investigation was not maintain.....

Tags : Appeal, single judge, maintainability, criminal

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Compact Disc is a ‘document’ under Section 294 CrPC(24.11.2015)

The Supreme Court ruled that a Compact Disc (CD) is a document under Section 294 of the Code of Criminal Procedure, 1973 and courts were not required .....

Tags : proof, recording, admissibility, compact disc, document

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DIAL’s hundred per cent fee increase not an abuse of dominant position(17.11.2015)

Delhi International Airport Pvt. Ltd. was given reprieve from proceedings for unfair and discriminatory increases in airport floor rental charges. DIA.....

Tags : Competition, airport fee, equilibrium, dominant position

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

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

Tags : Mining, application, eligibility, constitutionality

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Include acid attack victims on disability list(07.12.2015)

The Supreme Court awarded Rs. 13 lakhs to two victims of acid attacks and ordered the State of Bihar to take full responsibility for their treatment a.....

Tags : Acid attack, compensation, disability list

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Kingfisher Airlines to be represented by legal counsel before GRC(17.12.2015)

A borrower appearing before a Grievance Redressal Committee has the right to be represented by an advocate, the Delhi High Court has held. Proceedings.....

Tags : Kingfisher, willful defaulter, grc, advocate

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Bombay HC issues directions for construction of toilets(23.12.2015)

On a PIL regarding toilet facilities for ‘women walking on the streets’, the Bombay High Court ordered all municipal corporations to formulate compreh.....

Tags : Women, toilets, Maharashtra, committee

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CIC dismisses appeal seeking up-to-date government email addresses(16.12.2015)

The Central Information Commission dismissed an appeal seeking email addresses of all governments, public authorities and organisations maintained by .....

Tags : Rti, email addresses, outdated, security, privacy

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Trade mark ruling eases Lupin’s pressure(23.12.2015)

Bombay High Court granted a motion in favour of Lupin Limited, maker of ‘Nebistar’ line of medicines. It determined Lupin’s registered mark and ‘Nebis.....

Tags : Trade mark, divisibility, comparison, pronunciation

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

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

Tags : Higher education, reservation, obc, eligibility

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Trade mark ruling eases Lupin’s pressure(23.12.2015)

Bombay High Court granted a motion in favour of Lupin Limited, maker of ‘Nebistar’ line of medicines. It determined Lupin’s registered mark and ‘Nebis.....

Tags : Trade mark, divisibility, comparison, pronunciation

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Ensuring a life of dignity for prisoners(05.02.2016)

The Supreme Court passed an order calling for the improvement in prisoners’ conditions incarcerated in jails across the country. The Court was of the .....

Tags : Overcrowding, jails, living conditions

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Jammu and Kashmir HC approves suo moto accountability(01.02.2016)

Jammu and Kashmir High Court ruled the State’s Accountability Commission, a body receiving complaints against public functionaries, capable of beginni.....

Tags : Accountability commission, suo moto, proceedings

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Passenger to be compensated for theft even in non-identification of railway employee(26.02.2016)

The National Consumer Disputes Redressal Commission ruled that the Indian Railways is liable to compensate a passenger for the loss suffered on accoun.....

Tags : railways, employee, theft, vicarious liability

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Court turns into literature school granting Kanhaiya bail(02.03.2016)

The Delhi High Court hymned a few verses answering the conundrum "why the colour of peace is eluding the prestigious Jawaharlal Nehru University". It .....

Tags : Kanhaiya kumar, sedition, bail

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Passing ice cream off as biscuits and other ways to test court patience(11.04.2016)

The Bombay High Court rejected an application alleging trade mark infringement by Parle for use of the mark, ‘Londonderry’.

Putting aside .....

Tags : trade mark, phonetic, vendibility, class of goods

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Delhi High Court to delve into Drug Controller irregularities(25.04.2016)

The Delhi High Court deferred a dispute regarding the development, classification and promotion of bio-similar drugs to 2 June 2016. Brought by Roche .....

Tags : trastuzumab, bio-similar, dcgi, roche

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Valid extradition treaty between India and Chile; MEA lambasted for lax attitude(28.04.2016)

India and Chile have subsisting between them a valid extradition treaty, under the Extradition Act 1962, the Supreme Court held.

The Court.....

Tags : extradition, treaty, chile, ministry of external affairs

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Is DT’s acquisition more curse than boon for PVR(04.05.2016)

PVR group assuaged the Competition Commission’s fears that its proposed takeover of DT cinemas would have an appreciable adverse effect on competition.....

Tags : Takeover, competition, film theatre, pvr

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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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Court remonstrates apathy against disabled persons(12.05.2016)

The Supreme Court emphatically denounced the actions of a Spicejet airline crew of deboarding a woman, Jeeja Ghosh, suffering from cerebral palsy “in .....

Tags : cerebral palsy, airline, de-board, humiliation

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

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

Tags : Nursing, admission, eligibility requirement

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Bombay HC: Harness Whatsapp to receive child rights complaints(02.05.2016)

Hearing a PIL for women lawyers being given priority appointments as Special Public Prosecutors under the Protection of Child Rights Act, the Bombay H.....

Tags : child rights, state commission, special public prosecutor

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Desperate father misleading British court denied relief(20.05.2016)

A person having obtained a favourable order from a foreign court cannot claim its benefit if the same was obtained by defrauding that court.

.....

Tags : family, high court, united kingdom, fraud, children, welfare

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Medicinal products should be clearly distinguishable(03.06.2016)

Public interest supports a lesser degree of proof showing confusing similarity in trade mark, even if two medicinal products are not identical or of t.....

Tags : pharmaceutical, trade mark, confusing similarity, drug names

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CCI lets Wiley India off the hook(28.06.2016)

The Competition Commission of India dismissed a complaint against pre-eminent publisher of scientific, technical and medical journals, Wiley India, fo.....

Tags : wiley india, journal, distribution, authorised agent, resale price maintenance

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Railway to pay for deaths of ‘roof riders’(05.07.2016)

The Supreme Court awarded compensation to kin of deceased who died while riding on the roof of train carriages.

The tragedy occurred when h.....

Tags : railway, compensation, death, roof rider

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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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A written communication sent to addressee's last known place of business, habitual residence or mailing address is deemed receipt.(22.07.2016)

Co-borrower along with other signatories of the home equity agreement are jointly and severally liable to re-pay the loan amount disbursed by concerne.....

Tags : Re-payment, loan, co-borrower, liability- joint & severable

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A written communication sent to addressee's last known place of business, habitual residence or mailing address is deemed receipt.(22.07.2016)

Co-borrower along with other signatories of the home equity agreement are jointly and severally liable to re-pay the loan amount disbursed by concerne.....

Tags : Re-payment, loan, co-borrower, liability- joint & severable

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National Commission has to exercise the jurisdiction only if State Commission or the District Forum either failed to exercise their jurisdiction or exceeded jurisdiction by acting illegally(02.08.2016)

Appellant-Society is a charitable institution running a girls hostel at Surat for the benefit of Adiwasi children. Appellant-Society purchased vitrifi.....

Tags : Defective tiles, Compensation, Liability

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Tribunal could only correct clerical or arithmetical errors after adjudication(08.08.2016)

In present case, Appellant claimed occupancy rights in the land by filing an application in Form 7 under Karnataka Land Reforms Rules, 1974 and invoki.....

Tags : Land, Occupancy rights, Amendment, Permissibility

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

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

Tags : Selection Criteria, Qualification System, Eligibility

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Interest and penalty not imposable where credit wrongly availed, reversed prior to utilization(08.08.2016)

Issue involved was relating to liability to pay interest on cenvat credit availed by Appellant but not utilized and reversed subsequently. In present .....

Tags : Cenvat credit, Interest, Liability

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Dispute cannot be decided by arbitrator, when Trust Act provides for sufficient remedies to aggrieved persons by giving them right to approach Civil Court(17.08.2016)

In facts of the present case, since parties could not settle disputes/differences and nor could they agree for appointment of arbitrator amicably, Res.....

Tags : Arbitration application, Maintainability, Remedies, Civil Court

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If goods bought or services hired or availed by a person for commercial purpose, then said person would not be consumer(16.08.2016)

Consumer complaint alleging deficiency in service on part of opposite party in respect of Builder-Buyer Agreement executed between members of associat.....

Tags : Deficiency of service, Complaint, Maintainability

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Doctrine of ex debito justitiae prevail over procedural law only where order of this Court passed without notice or where order has effect of eroding public confidence in justice delivery system(30.08.2016)

In instant writ petition, Petitioner assailed conviction order passed under Section 3 of Terrorist and Disruptive Activities (Prevention) Act, 1987 (".....

Tags : Ex debito justitiae, Doctrine, Applicability

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Freedom to exercise reproductive rights includes right to make choice regarding sterilization on basis of informed consent and free from any form of coercion(14.09.2016)

Instant public interest petition raised very important issues concerning entire range of conduct and management, under auspices of State Governments, .....

Tags : Sterilization, Consent, Reproductive rights

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When a dying declaration is suspicious, it should not be acted upon without corroborative evidence(09.09.2016)

A charge sheet was filed against accused persons under Sections 302, 452 and 34 of Indian Penal Code and under Section 3 read with Section 25 of the A.....

Tags : Conviction, Evidence, Credibility

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Mere presence in an unlawful assembly cannot render a person liable unless there was a common object(20.10.2016)

By present revision petition, Petitioner seeks setting aside of order passed by Additional Sessions Judge discharging Respondents from offence punisha.....

Tags : Offence, Provision, Applicability

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Once the parties have approached certain court for relief under Arbitration Act at earlier stages of disputes then it is same court that, parties must return to for all other subsequent proceedings(19.10.2016)

Present application filed by National Highways Authority of India (NHAI) seeking to explain delay of 296 days in filing Petition under Section 34 of A.....

Tags : Delay, filing, Explanation

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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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Regulation of private practice by govt. doctors is subject matter of separate Rules, circular issued under J&K Govt. Employees (Conduct) Rules 1971 not applicable to govt. doctors(21.10.2016)

A Writ Petition was instituted in public interest before High Court of Jammu and Kashmir by Respondents seeking to challenge a Circular dated 11 Augus.....

Tags : Circular, Applicability, Government doctors

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Public interest of fair trial outweigh personal interest, when there is possibility of interdicting fair trial by accused if released on bail(24.11.2016)

High Court granted bail to Respondent during pendency of trial against Respondent facing charges under Sections 376, 420/34, 366-A, 370, 370-A, 212, 1.....

Tags : Bail, Grant, Validity

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Ossification test cannot be regarded as conclusive for ascertaining age of a person(30.11.2016)

Present appeals by special leave impugns judgment passed by High Court, whereby appeal filed by Appellants was dismissed affirming their conviction un.....

Tags : Age determination, Medical Opinion, Admissibility

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Court shall pronounce judgment where a party failed to present written statement within time permitted or fixed by Court(14.12.2016)

Plaintiff has filed present appeal impugning an order passed by d Joint Registrar whereby applications filed by Defendants for seeking permission to f.....

Tags : Written Statement, Filing, Time period

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In a master and servant relation, master is vicariously liable for acts of omission of servant and liable to pay compensation for negligence and deficiency in service(15.11.2016)

21-year old educated son of complainant, lost his life by drowning at Boat Club, owned by Appellant, Paradeep Port Trust. Appellant has tried to shift.....

Tags : Compensation, Liability, Vicarious

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Apology offered at time when the contemnor finds that Court is about to impose punishment, is no apology(19.12.2016)

In instant contempt appeal, Appellants are aggrieved by order passed by Single Judge holding them guilty of contempt of court and sentencing them to s.....

Tags : Contempt, Guilty, Sentence

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Only Employer and not the Court can decide the eligibility criteria required by candidate to be satisfied for being appointed to post(20.12.2016)

By present writ petition, Petitioner seeks the relief of employment with Respondent no.2/Food Corporation of India/employer to post of Assistant Grade.....

Tags : Appointment, Criteria, Privilege, Employer

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

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

Tags : Post, Eligibility, Notification, Validity

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Presumption under Section 113B of Evidence Act can be drawn only where ingredients of Section 304B of IPC are fulfilled(21.12.2016)

In facts of present case, FIR under Section 304B/34 of Indian Penal Code, 1860 (IPC), was registered on basis of statement made by complainant. After .....

Tags : Conviction, Evidence, Credibility

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

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

Tags : Tender, Eligibility, Interference, Scope

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Murder charge cannot be brought home unless there is some evidence to show that, robbery and murder occurred at same time(20.01.2017)

Accused-Appellant had been convicted by trial Court for offence punishable under Section 302 read with Section 34 of Indian Penal Code, 1860. He has a.....

Tags : Conviction, Provision, Applicability

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Person who records dying declaration must be satisfied that deceased was in fit state of mind(19.01.2017)

In present criminal appeal, Accused-Appellant, has challenged judgment passed by Additional Sessions Judge, by which accused appellant was convicted f.....

Tags : Conviction, Dying Declaration, Credibility

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

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

Tags : Scheme, Benefit, Eligibility

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

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

Tags : Refund, Eligibility, Time bar

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

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

Tags : Rules, Appointment, Eligibility

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

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

Tags : Claim, Eligibility, Terms and conditions, Policy

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PIL cannot be filed in service matters(27.02.2017)

Instant writ petition is filed by a non-legal person and which is Forum of Schedule Caste and Schedule Tribes Legislators and Parliamentarians. Petiti.....

Tags : PIL, Locus standi, Service Matters

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Detention in custody of under-trial prisoners for an indefinite period would amount to violation of Article 21 of Constitution(06.02.2017)

Appellant, a charge-sheeted Accused in judicial custody in connection with the infamous "Chit Fund Scam" involving the Saradha Group of Companies ("Sa.....

Tags : Bail, Rejection, Validity

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Prosecution under Section 182 of IPC void without following procedure prescribed under Section 195 of Cr. PC(10.01.2017)

Instant appeals arise out of criminal proceedings pending in Court of Additional Session Judge, Delhi in relation to offences registered under Section.....

Tags : Conviction, Procedure, Applicability

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Public Interest Litigation does not lie in service matters.(10.01.2017)

Instant writ petition is filed by Petitioner said to be an NGO being a trust registered under Indian Trust Act, 1882. Petitioner is “Central Bank Reti.....

Tags : Locus standi, Writ Petition, Maintainability

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Place of arbitration determines law applicable to arbitration and related matters(10.03.2017)

Appellant-Imax Corporation has challenged interim order passed by High Court of Judicature at Bombay, by which High Court held that, petition under Se.....

Tags : Award, Jurisdiction, Maintainability

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

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

Tags : Promotion, Eligibility, VRS

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Accused is entitled to benefit of doubt, when there is contradiction between medical and ocular evidence and latches in investigation(28.03.2017)

Ratio: Accused is presumed to be innocent until his guilt is proved beyond reasonable doubt

Instant appeals arise out of a common .....

Tags : Conviction, Evidence, Credibility

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PMLA has an over-riding effect and provisions of Cr. PC would apply only if they are not inconsistent with provisions of PMLA(10.04.2017)

Petitioner has preferred present bail application seeking regular bail under Section 439 of Code of Criminal Procedure,1973 (Cr. PC) read with Section.....

Tags : Application, Bail, Grant

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Guilt of Accused must be proved beyond all reasonable doubts(19.04.2017)

Instant appeal is against judgment passed by High Court, whereby High Court while allowing appeal of Respondent Nos. 1 & 2, set-aside judgment convict.....

Tags : Acquittal, Validity, Evidence, Credibility

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Value of medical evidence is only corroborative; it proves that, injuries could have been caused in manner alleged(25.04.2017)

Present appeal arises out of impugned judgment passed by a Division Bench of High Court of Madhya Pradesh, upholding conviction and sentence passed by.....

Tags : Conviction, Evidence, Credibility

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Making of construction by spending of moneys would not make Appellant anything more than a licensee(01.05.2017)

Present Regular Second Appeal under Section 100 of Code of Civil Procedure, 1908 (CPC) is filed by Defendant in suit impugning concurrent judgments of.....

Tags : Property, Possession, Will

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

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

Tags : Tender, Grant, Eligibility

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

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

Tags : Nil Award, Compensation, Entitlement

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Plea of juvenility could be taken up by an accused at any stage of proceedings, even after disposal of case from Supreme Court(24.05.2017)

Appellant was convicted under Sections 392 and 34 of Indian Penal Code, 1860 (IPC) and was sentenced to undergo RI for seven years, fine of Rs. 5000/-.....

Tags : Juvenility, Plea, custody, Release

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Consent of Charity Commissioner is necessary for institution of suit of nature specified in Section 50 of MPT Act(12.06.2017)

Challenge in present appeal is to impugned orders made by City Civil Court at Bombay rejecting plaint in Appellant's Suit under Order 7 Rule 11(d) of .....

Tags : Suit, Maintainability, Adequate remedy

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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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Legal proceedings cannot be initiated without completing assessment proceedings(14.06.2017)

In facts of present case, Appellant imported P-68 watch movement from Hong Kang and filed Bills of Entry. On basis of invoice issued by overseas suppl.....

Tags : Proceedings, Demand, Maintainability

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Minor defect in investigation on part of Investigating Officer does not take away prosecution case(23.06.2017)

Instant appeal is against judgment passed by Additional District & Sessions Judge, Fast Track 1st Court, convicting Appellant for offence punishable u.....

Tags : Conviction, Evidence, Credibility

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Principle of res judicata is applicable between two stages of same litigation but issue involved must have been decided at earlier stage of same litigation(21.06.2017)

In facts of present case, Applicants before KAT were candidates, who appeared for 2011, Karnataka Gazetted Probationers' Examination. They were select.....

Tags : Application, Maintainability, Doctrine, Res judicata

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Conditions inserted in Notification are mandatory and cannot be held as mere procedural requirement(23.06.2017)

Appeal is against order of Commissioner (Appeals). Appellants are engaged in manufacture of corrugated cartons falling under Central Excise heading 48.....

Tags : Notification, Condition, Fulfilment

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Commissioner is empowered to entertain even a new ground not urged before lower authorities while exercising revisional powers(03.07.2017)

Petitioner, Rites Limited, has filed present petition challenging order passed by Respondent. By order dated 10th December 2010, CIT(A) dismissed appe.....

Tags : Application, Maintainability, New ground

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

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

Tags : Refund, Eligibility, Document, Production

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

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

Tags : Programme, Participation, Eligibility

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If goods bought and/or services availed are exclusively for purpose of earning livelihood by means of self-employment, such an activity shall not fall within definition of commercial purpose.(26.07.2017)

Present first appeals have been filed under Section 19 read with Section 21(a)(ii) of Consumer Protection Act, 1986 against impugned orders, passed by.....

Tags : Complaint, Maintainability, Service, Availment

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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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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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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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Additional documents can be filed only with the leave of the Court(24.08.2017)

Plaintiff filed the present suit seeking a decree for a sum of Rs 1,48,39,218/- along with interest pendent lite and future. Pursuant to completion of.....

Tags : Additional documents, Filing, Court, Leave

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A minor can bring a suit within a specified time after the termination of his minority and/or during the subsistence of his minority, through his next friend(30.08.2017)

Defendant is the Appellant against a confirming judgment. Case of the Defendant is that, the suit land is his ancestral homestead. He is in possession.....

Tags : Suit, Minor, Maintainability

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In case of a Society, the will of majority of the members of Society is supreme(15.09.2017)

By present writ petition, the Petitioner-Educational Institution seeks quashing of communication dated 19th August, 2016, sent by Divisional Joint Reg.....

Tags : De-registration, Proposal, Maintainability

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An appeal shall lie only from the final order passed by a Court(15.09.2017)

The present writ petition has been filed challenging the order passed by the learned Financial Commissioner in Revision Petition whereby the learned F.....

Tags : Proceedings, Appeal, Maintainability

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The period of delay is to be counted from the knowledge of the deficiency(14.09.2017)

Instant first appeal has been filed by the Appellant against the order passed by the State Commission. Appellant/complainant had purchased the first f.....

Tags : Complaint, Delay, Maintainability

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Exception 4 to Section 300 of IPC applies when the act was committed without premeditation, in a sudden fight without the offender having taken undue advantage or acted in a cruel or unusual manner.(20.09.2017)

In instant appeal, an exception is taken to the judgment and order of Additional Sessions Judge, whereby Appellant is convicted for the offence under .....

Tags : Conviction, Exception, Applicability

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Civil suit would be triable by the Civil Court; Arbitrator has no jurisdiction to decide the eviction/rent disputes(12.10.2017)

Present appeal is filed by the Defendant against the final judgment passed by the High Court of Delhi at New Delhi whereby the High Court dismissed th.....

Tags : Eviction, Application, Maintainability

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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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Statement of a person recorded by officers of NCB or CBN after arrest of such person is inadmissible in evidence(10.10.2017)

The instant appeal has been preferred by the accused Appellant being aggrieved of the judgment passed by the learned Special Judge, whereby, the Appel.....

Tags : Conviction, Statement, Admissibility

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Intervention of the Court is envisaged only in few circumstances like fraud or bias by the Arbitrators or violation of natural justice(03.10.2017)

The Appellant, in present appeals, has challenged the legality and correctness of the judgment and order passed by High Court of Calcutta. Appellant s.....

Tags : Dispute, Arbitrability, Award, Interest

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Conviction cannot be based on a DNA report when it is established that there has been no quality control or quality assurance and the sampling has been improper(04.10.2017)

By the impugned judgment and order, the Sessions Court held four Accused persons guilty under Sections 363 and 376(D) read with 34 of the Indian Penal.....

Tags : Conviction, Evidence, Credibility

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Section 195(1)(b)(ii) of CrPC would be attracted only when offences enumerated therein committed with respect to document after it has been produced or given in evidence in a proceeding in any Court(03.11.2017)

Present appeal has been filed against judgment of High Court dismissing Petition which was filed by the Appellant questioning the judgment of Addition.....

Tags : Cognizance, Provision, Applicability

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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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Orders passed by NCDRC in exercise of its jurisdiction are subject to appeal before the Supreme Court(07.11.2017)

Present appeals have been brought before this Court invoking Section 37(1)(a) of the Arbitration and Conciliation Act, 1996, as amended by Arbitration.....

Tags : Disputes Redressal, Appeals, Maintainability

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No superior Court in hierarchical jurisdiction can issue such direction/mandamus to any subordinate Court commanding them to pass a particular order(14.12.2017)

Present appeal is filed by the Complainant against the final judgment passed by the High Court of Judicature whereby the High Court partly allowed the.....

Tags : Bail, Direction, Validity

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Proved circumstances must be consistent only with hypothesis of guilt of Accused and totally inconsistent with his innocence(08.01.2018)

Present appeal preferred by the State challenges the judgment of the High Court acquitting the Respondent under Section 302 of Indian Penal Code, 186.....

Tags : Acquittal, Validity, Evidence, Credibility

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A moral opinion howsoever strong or genuine cannot be a substitute for legal proof(04.01.2018)

The Appellant faced trial and convicted for offences punishable under Sections 498-A/302 of the Indian Penal Code,1860 (IPC) on the accusation that he.....

Tags : Conviction, Evidence, Credibility

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Complaint cannot barred by limitation, where there is case of continuing cause of action(10.01.2018)

Instant first appeal has been filed under Section 19, read with Section 21(a)(ii) of the Consumer Protection Act, 1986 against the impugned order, pas.....

Tags : Complaint, Maintainability, Possession

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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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Benefit of any alternate hypothesis which is reasonably discernible from record must necessarily be given to the accused(25.01.2018)

The Appellant seeks to assail the judgment rendered by the learned Ad-hoc Additional Sessions Judge, by and under which, the Appellant is convicted fo.....

Tags : Conviction, Evidence, Credibility

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Submission of valid report of Public Prosecutor indicating progress of investigation and disclosing specific reasons for extension of period of detention is sine-qua-non for such extension(24.01.2018)

Challenge in instant application under Section 482 of the Code of Criminal Procedure, 1973 (Cr. PC) is the order passed by learned Chief Judicial Magi.....

Tags : Bail, Rejection, Validity

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A claimant for compensation ought not to be burdened with following a trail of successive transfers, which are not registered with registering authority(06.02.2018)

In instant case, an accident took place. By its award, the Tribunal granted compensation. The Tribunal noted that, the registration certificate of the.....

Tags : Compensation, Payment, Liability

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Petitioner who is not a party to agreement containing an arbitration clause cannot be party to arbitration proceedings between the parties to arbitration agreement(07.02.2018)

The grievance projected by the Petitioner in instant petition is that, while the arbitration proceedings between Respondent Nos. 2 and 4 were going on.....

Tags : Impleadment, Maintainability, Privity, Contract

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When remedy is available under provisions of Act, jurisdiction of Civil Court is impliedly ousted(14.02.2018)

The question that arises for consideration in this appeal is, whether the suit filed by the Respondent seeking declaration and permanent injunction ag.....

Tags : Civil Court, Jurisdiction, Remedy

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

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

Tags : Bail, Grant, Discretion

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Once application for bail is decided by a Judge, successive application for bail, if it is filed, has to be decided by the very same Judge, if the Honourable Judge is available(23.02.2018)

Present is an application under Section 439(2) of the Code of Criminal Procedure, 1973 (CrPC). The Applicant is challenging grant of bail in favour of.....

Tags : Bail, Grant, Validity

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Freedom of an individual cannot be curtailed merely on the basis of suspicion(17.03.2018)

Apprehending his arrest, bail Petitioner, has approached present Court by way of instant petition for grant of pre-arrest bail in FIR registered under.....

Tags : FIR, Pre-arrest bail, Grant

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A conflict or contradiction between ocular and medical evidence has to be direct and material(19.03.2018)

The instant appeal has been filed against the impugned judgment/order passed by the trial Court in FIR registered under Sections 363-A, 376 of Indian .....

Tags : Conviction, Validity, Evidence, Credibility

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“Light Motor Vehicle" would include a transport vehicle as per the weight(06.03.2018)

The Motor Accident Claims Tribunal allowed a claim for compensation filed by the third Respondent. The claim arose from the death of the husband of th.....

Tags : Award, Compensation, Liability

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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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What was not decided in appeal by the Division Bench could not be decided by the Division Bench while deciding the review application(12.03.2018)

Present appeals are against the final judgment passed by the High Court whereby the Division Bench of the High Court dismissed the review application .....

Tags : Application, Review, Maintainability

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An unstamped instrument is not admissible in evidence even for collateral purpose, until the same is impounded(23.03.2018)

In present suit, Plaintiff has filed the document dated 9th September, 1994 evidencing family settlement which was claimed by the Plaintiff as memoran.....

Tags : Partition, Document, Admissibility

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Instruments not duly stamped is inadmissible in evidence and cannot be acted upon(12.04.2018)

The present petition is against the order whereby the application filed under Section 35 of the Indian Stamp Act, 1899 raising objection about the adm.....

Tags : Document, Admissibility, Registration

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No straightjacket formula can be laid for grant or refusal of anticipatory bail and application for anticipatory bail is to be decided on basis of available facts in each case(17.04.2018)

Present anticipatory bail application under Section 438 of Code of Criminal Procedure, 1973 (CrPC) is preferred by the Petitioner apprehending her arr.....

Tags : Anticipatory bail, Benefit, Extension

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In ceiling proceedings, it is the duty of land owner to show which portion of his land is exempt from ceiling proceeding(25.04.2018)

In facts of present case, Satwarao, predecessor-in-interest of the Appellant, held huge tracts of land but did not file return under the Ceiling Act. .....

Tags : Ceiling, Revenue entries, Validity

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No Court shall initiate any proceedings for contempt, either on its own motion or otherwise, after expiry of prescribed period(18.04.2018)

The present Contempt Petition is filed, seeking implementation of the order dated 15th September, 2011. The present Contempt Petition has been filed a.....

Tags : Contempt Petition, Delay, Maintainability

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Prosecution is duty bound to furnish proper explanation to the Court regarding injuries sustained by Accused in course of altercation(11.05.2018)

Present appeal is filed by the present Appellant, aggrieved by the concurrent findings of the Court below, which has upheld the culpability of the Acc.....

Tags : Conviction, Evidence, Credibility

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Use of a vehicle in a public place without a permit is a fundamental statutory infraction(17.05.2018)

The legal representatives of the deceased, preferred a claim petition before the Tribunal claiming compensation to the tune of Rs. 36,00,000. The clai.....

Tags : Award, Compensation, Liability

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No Civil Court can exercise jurisdiction to entertain any suit or proceeding in respect of any matter which a DRT or DRAT is empowered(17.05.2018)

The judgment of the High Court is assailed in instant appeal, whereby the High Court without formally setting aside the order passed by the Debts Reco.....

Tags : Civil court, Jurisdiction, Bar

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Pure question of law can be urged at any point of time before any forum provided it does not require any further adjudication of any disputed fact(18.05.2018)

The Petitioners have primarily challenged the Notification, dated January 8, 2011, issued by the Ministry of Labour and Employment applying the Employ.....

Tags : Publication, Notification, Applicability

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Gravity alone cannot be a decisive ground to deny bail, rather competing factors are required to be balanced by Court while exercising its discretion(21.05.2018)

By way of instant petition filed under Section 438 of Code of Criminal Procedure, 1973 (CrPC), prayer has been made on behalf of the Petitioners for g.....

Tags : Bail, Grant, Conditions

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Order of acquittal passed by first Appellate Court cannot be reversed, merely because re-appreciation of evidence leads to another possible view, unless view taken for acquittal is manifestly illegal(24.05.2018)

Aggrieved by the Judgment passed by the learned Fast Track Court Judge, the State has preferred present appeal. By the impugned Judgment and Order, th.....

Tags : Acquittal, Validity, Evidence, Credibility

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In the case of any taxing statute, the same is required to be interpreted literally(20.06.2018)

In facts of present case, the Appellant is engaged in the manufacture of sponge iron, billets, rolled items and other goods falling under Chapters 72,.....

Tags : Demand, Rule, Applicability

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Document containing contract to transfer right, title or interest in an immovable property for consideration is required to be registered, if party wants to rely on same(04.07.2018)

Instant appeal emanates from the decision of the High Court dated 2nd December, 2016 allowing the application preferred by Respondent Nos. 1 & 2 (Defe.....

Tags : Suit agreement, Document, Admissibility

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Review in a criminal proceeding is permissible only on ground of error apparent on face of record(09.07.2018)

Present review petitions have been filed by two applicants Vinay Sharma-Accused No. 1 and Pawan Kumar Gupta-Accused No. 2 to review the judgment of pr.....

Tags : Review, death penalty, Maintainability

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Once Court has refused to entertain review petition and same is dismissed, there is no question of any merger and aggrieved person has to challenge main order and not order dismissing review petition(04.07.2018)

Present petition under Article 227 of the Constitution of India impugns the order of the Court of the Civil Judge dismissing application filed by the .....

Tags : Review, Maintainability, Material irregularity

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Deprivation of liberty must be considered a punishment, unless it can be required to ensure that, an accused person will stand his trial when called upon(07.07.2018)

The Applicants filed an application for the grant of bail in their favour in the FIR before the Court of the learned Additional Sessions Judge, which .....

Tags : Bail, Denial, Validity

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

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

Tags : Credit, Eligibility, Demand, Confirmation

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In order to conclude whether one mark is deceptively similar to another, broad and essential features of the two are to be considered(13.07.2018)

The Plaintiff has instituted present suit for permanent injunction restraining the Defendant from using any trade mark that is identical or deceptivel.....

Tags : Mark, Similarity, Injunction, Grant

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Accused is not conferred with any right to claim test identification parade(02.08.2018)

In instant case, the Accused pleaded not guilty and claimed to have been implicated falsely, therefore, wanted to be tried. At the trial, the prosecut.....

Tags : Conviction, Evidence, Credibility

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If document which ought to be produced in Court is not produced at that time, then it cannot be produced later on without leave of Court(03.08.2018)

The instant Civil Revision Petition filed is against the order passed by the Trial Court. Petitioners are the Defendants in the Suit filed by the Plai.....

Tags : Document, Production, Admissibility

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

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

Tags : Posts, Recruitment, Eligibility

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State Government is liable to make the payment of electricity and water bills in respect of hotels/accommodations, occupied by security forces(31.08.2018)

The simple and short grievance of the petitioners in these petitions is that, although their hotels came to be occupied by the security forces from 19.....

Tags : Charges, Payment, Liability

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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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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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Plaintiff should plead and prove his readiness and willingness as a condition precedent for obtaining relief of grant of specific performance(13.09.2018)

The Plaintiff filed a suit for specific performance of contract. The trial Court concluded that, no agreement to sell had been executed between the pa.....

Tags : Agreement, Performance, Willingness

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When there is omission to put material evidence to Accused by Trial Court, prosecution cannot be said to be guilty of not adducing or suppressing such evidence(28.09.2018)

The Appellant assails his conviction by the High Court under Section 376(2)(f) of Indian Penal Code, 1860 (IPC) sentencing him to ten years rigorous i.....

Tags : Conviction, Evidence, Credibility

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In a criminal case, resting entirely on circumstantial evidence, all circumstances are required to be proved solidly beyond reasonable doubt(20.07.2018)

The Appellant was convicted by the Additional Sessions Judge, under Section 302 of Indian Penal Code, 1860 (IPC) in Sessions Case and was sentenced to.....

Tags : Conviction, Circumstantial evidence, Credibility

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No successive application for bail can be allowed/entertained unless and until there has been a change in circumstances of case(23.07.2018)

By order of the learned Principal Sessions Judge, an application for the grant of bail in favour of the Applicant came to be rejected. The order of th.....

Tags : Bail, Rejection, Validity

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Punishment to be awarded for a crime must not be irrelevant but it should conform to and be consistent with atrocity and brutality which the crime has been perpetrated(09.10.2018)

Present jail appeal has been preferred by Accused Appellant against judgment and order passed by Sessions Judge convicting and sentencing Appellant fo.....

Tags : Conviction, Evidence, Credibility

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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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An illiterate widow, unaware of her rights, is entitled to family pension and delay to enforce that right does not impede her claim(17.10.2018)

Present application is filed for quashing of impugned Order and for a declaration that, the undertaking/consent (for adjusting the amount of alleged r.....

Tags : Family pension, Grant, Right

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When consent to affiliation is subject to approval from Central Government, request for continuance of provisional affiliation cannot be granted(12.11.2018)

The request of the First Respondent for continuance of provisional affiliation for admission of students in Bachelor of Homeopathy Medicine and Surger.....

Tags : Provisional affiliation, Continuation, Grant

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When the recovery is suspicious, non-production of seal is to be considered to hold the Accused innocent(05.11.2018)

The present appeal is maintained by the Appellant laying challenge to judgment passed by the trial Court, whereby the Accused was convicted for the c.....

Tags : Conviction, Evidence, Credibility

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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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A long delay can be condoned if witness has no motive for falsely implicating Accused(27.11.2018)

Present appeal arose out of the judgment passed by the High Court by which the High Court has dismissed the appeal filed by the Appellant herein there.....

Tags : Conviction, Evidence, Credibility

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Owner of a vehicle who transfers it to another person is liable to pay compensation in case of an accident unless sale is reflected in Regional Transport Authority (RTA) records(14.12.2018)

Present appeal challenges the judgment passed by the High Court. The Appellant, original owner of a Santro Car sold said vehicle to Saveta Sharma, fir.....

Tags : Compensation, Accident, Liability

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Where there is an exclusionary Clause in an insurance policy, burden lies on insurer to establish that exclusion is attracted(07.12.2018)

Present appeals arise from a judgment of a Division Bench of the High Court. The High Court has affirmed the decision of the Commission by which an in.....

Tags : Insurer, Liability, Exemption

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Loss of earning capacity must be determined at 100 percent for entitlement to compensation(17.12.2018)

Present appeal has been filed challenging the award of the Commissioner. The contention of the Appellant is that, the loss of employment suffered by h.....

Tags : Disability, Compensation, Grant

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Presumption of innocence in favour of Accused is fortified by acquittal order; if view of High Court is reasonable, present court should not interfere with same(14.01.2019)

The instant appeals arise from the judgments of the High Court passed in Death Reference and Criminal Appeal. Vide the impugned judgments, the High Co.....

Tags : Acquittal, Evidence, Credibility

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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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Review is permissible if there is a discovery of a new or important facts or evidence, which was not within applicant's knowledge(18.01.2019)

Present Review Application, filed by the applicant of the OA No. 17/2018, is directed against the order of present Tribunal dismissing the Original Ap.....

Tags : Review, Permissibility, Valid ground

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

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

Tags : Termination, Eligibility criteria, Validity

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A person should not be kept in jail ordinarily, if a trial for non-bailable offence which is triable by Magistrate, is not concluded within a period of sixty days from date fixed for evidence(06.02.2019)

Present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) against the order passed by the learned Sessions Judg.....

Tags : Bail, Grant of, Revision, Maintainability

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Writ court cannot sit as an appellate authority over decision taken by competent authority(17.12.2018)

The present writ petition has been preferred primarily praying for issuance of a writ of or in the nature of Mandamus directing the Respondents to for.....

Tags : Willful defaulter, Declaration, Validity

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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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Minor contradictions, inconsistencies or improvements on trivial matters without effecting core of prosecution case cannot be made a ground to reject evidence in its entirety(28.02.2019)

In facts of present case, after completion of the investigation, final report, under Section 173 of Code of Criminal Procedure, 1973 (CrPC) was prepar.....

Tags : Conviction, Evidence, Credibility

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Courts shall have jurisdiction to try all suits of civil nature excepting suits of which their cognizance is either expressly or impliedly barred(15.03.2019)

In facts of present case, the dispute relates to 4/5th share in the suit land. The suit land was subjected to ceiling proceedings under the Haryana Ce.....

Tags : Suit, Maintainability, Jurisdiction

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Minor irregularity/omission by Investigation Officer need not necessarily lead to rejection of prosecution version(13.03.2019)

The present appeal has been preferred against the judgment passed by Addl. Sessions Judge convicting and sentencing the Appellant-Girand under Sectio.....

Tags : Conviction, Evidence, Credibility

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Socio-economic offences constitute a class apart and need to be visited with a different approach in the matter of bail(20.03.2019)

Present is an application under Section 439 of Code of Criminal Procedure, 1973 (CrPC) praying for bail of Petitioner, who has been in detention in co.....

Tags : Socio-economic offence, Bail, Grant of

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Right of private defence does not extend to inflict more harm than it is necessary in exercise of right of private defence(01.04.2019)

The challenge in the present appeals is to a judgment maintaining conviction of the Appellant for an offence under Section 302 of Indian Penal Code, 1.....

Tags : Conviction, Private defence, Applicability

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There is no bar or prohibition on payment of equal pay despite difference as regards duties and responsibilities but it depends upon wisdom of State Government(02.04.2019)

By the instant writ petition, the Petitioners have prayed for issuing a writ of mandamus to maintain a parity of pay between the AYUSH doctors and the.....

Tags : Pay scale, Parity, Maintainability

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In absence of domestic relationship between parties as on date of filing of complaint, proceedings under DV Act were not maintainable(18.04.2019)

The present revision is against the judgment by which the application of the applicant came to be rejected. The said judgment was challenged before th.....

Tags : DV Act, Application, Maintainability

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Witness cannot be said to be an "interested" witness merely by virtue of being a relative of victim(26.04.2019)

Present appeal is directed against the judgment passed by the High Court whereby the Division Bench of the High Court dismissed the appeal preferred b.....

Tags : Conviction, Evidence, Credibility

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When two views are possible, the Appellate Court should not reverse a judgment of acquittal, merely because another view was possible(29.04.2019)

The State has instituted the present petition seeking grant of leave to assail the judgment in Session Case arising out of FIR under Sections 376 of I.....

Tags : Acquittal, Evidence, Credibility

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Matter which essentially involves disputes of civil nature should not be allowed to be subject matter of a criminal offence(26.04.2019)

Through the instant petition filed under Section 561-A of Code of Criminal Procedure, 1973 (CrPC), Petitioner seeks quashment of complaint filed by Re.....

Tags : Proceedings, Quashment, Civil dispute

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When findings of trial court and High Court are shown to be perverse, the Supreme Court would certainly interfere with same(07.05.2019)

Present appeal arises out of the judgment passed by the High Court by which the High Court affirmed the conviction of Appellant-Accused No. 1 under Se.....

Tags : Conviction, Evidence, Credibility

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Departmental proceedings shall be deemed to be instituted on date on which statement of charges is issued to Government servant or pensioner(03.05.2019)

The Petitioner assails the order passed by the Central Administrative Tribunal. The Petitioner had assailed the initiation of departmental proceedings.....

Tags : Departmental proceedings, Time limit, Applicability

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

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

Tags : Bail, Grant, Discretion

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Court can impose a condition ordering payment of part of decree amount while exercising power under Order IX Rule 13 of CPC(06.03.2019)

The challenge involved in present appeal is that, the Family Court was not justified in having ordered payment of part of the decree amount, when his .....

Tags : Maintenance, Liability, Interim Measure

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

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

Tags : Appointment, Eligibility criteria, Age limit

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Notifications & Circulars

Draft Regional Connectivity Scheme(01.07.2016)

The Ministry of Civil Aviation released the Draft Regional Co.....

Tags : civil aviation, policy, regional connectivity

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4604 DDG Projects Sanctioned for Covering 4745 Villages and Hamlets(08.08.2016)

Ministry of Power is implementing Decentralized Distributed Generation (DDG) under Deen Dayal Upadhyaya Gram Jyoti Yojana (DDUGJY) through Rural Elect.....

Tags : Electricity, Access, Un-electrified villages, Sanction

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Cabinet approves Bilateral Investment Treaty between India and Cambodia to boost investment(27.07.2016)

The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has approved Bilateral Investment Treaty (BIT) between India and Cambodia. The Tre.....

Tags : Investment, Bilateral treaty, Approval

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Cabinet approves National Apprenticeship Promotion Scheme(05.07.2016)

The Union Cabinet approved implementation of the National Apprenticeship Promotion Scheme, by the Ministry of Skill Development and Entrepreneurship.<.....

Tags : apprenticeship, skill development, stipend

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RBI publicises exchange of notes and coins(18.07.2016)

The Reserve Bank of India issued a master circular reiterating facilities for exchange of notes and coins, and broadening the use of currency not in t.....

Tags : soiled, mutilated, currency, exchange

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Patent filing figures and trends(20.07.2016)

The Minister for Science and Technology, Y.S. Chowdary, released figures for patent filings in the country.

The number of patents filed in .....

Tags : patents, filed, foreign applicants

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Electricity to Railway Stations by Solar Energy(04.08.2016)

In order to reduce dependence on fossil fuels, Ministry of Railways has planned to harness 1000 MW of solar power through developer mode by putting up.....

Tags : Railway Stations, Electricity, Solar Plants

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Joint Venture Agreement signed between Ministry of Railways and Government of Chhattisgarh for "Formation of Joint Venture Companies"(04.08.2016)

A Joint Venture Agreement was signed between Ministry of Railways and State Government of Chhattisgarh for "Formation of Joint Venture Company" in the.....

Tags : Joint Venture Agreement, Projects, Railways

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‘Make in India’ eased for FDI in single brand retail(20.06.2016)

The Central government took further steps liberalising norms for foreign direct investment in single brand retail.

Aside from more sectors .....

Tags : Fdi, retail, relaxed norms

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RBI Master Direction Risk Management and Inter-Bank Dealings(05.07.2016)

The Reserve Bank of India introduced Master Directions effecting change in the way banks manage risk for national and international borrowers.

.....

Tags : rbi, loan facilities, foreign exchange, risk management

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Guidelines for Implementation of Shipbuilding Financial Assistance Policy(05.07.2016)

The Ministry of Shipping approved guidelines for implementing the Shipbuilding Financial Assis.....

Tags : india, shipbuilding, financial assistance

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Facility for Exchange of Soiled/ Mutilated/ Imperfect Notes(14.07.2016)

The Reserve Bank of India notified that up to 20 soiled notes, worth no more than Rs. 5000, can be exchanged free of charge at non-chest branches bank.....

Tags : currency, soiled, mutilated, over the counter, exchange

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TRAI seeks review of voice mail, audiotex and UMS licences(14.06.2016)

The Telecom Regulatory Authority of India introduced a paper discussing the need to licence provision of read»



Amendments suggested in Shipbreaking Code 2013(16.06.2016)

The Ministry of Shipping suggested changes to the Shipbreaking Code 2013 to address disposa.....

Tags : ship breaking, hazardous materials, oil spill

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CSR expenditure during 2014-2015(03.05.2016)

The Minister of Corporate Affairs released figures on expenditure towards Corporate Social Responsibility activities between 2014 and 2015. A grand to.....

Tags : Corporate social responsibility, expenditure, public good

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Consultation Paper on Cloud Computing(10.06.2016)

The Telecom Regulatory Authority of India introduced a paper read»



Paperless tax assessment expanded to Hyderabad and Kolkata(25.05.2016)

Scheme for e-assessment for income tax has been extended to include Hyderabad and Kolkata for Financial Year 2016-2017.

The ‘paperless’ sch.....

Tags : paperless, email, income tax, scrutiny

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Model Juvenile Justice Rules encompass 49 Forms(25.05.2016)

Draft Model Rules under the Juvenile Justice (Care and Protection of Children) Act 2015 were released by the Ministry of Women and Child Development.<.....

Tags : juvenile justice, draft rules, 2016, rehabilitation, adoption

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CCIL now approved counterparty for electronic IRS transactions(05.05.2016)

The Reserve Bank of India notified the Clearing Corporation of India Ltd. as an approved counterparty for interest rate swap transactions undertaken o.....

Tags : Interest rate swap, ccil, approved counterparty

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Fee waiver for e-filed forms extended(16.05.2016)

The one time waiver of additional fees applicable to all e-forms due for filing by companies between 25 March 2016 and 31 May 2016 has been extended a.....

Tags : companies, e-filing, fee waiver

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International organisations conducting religious pilgrimage exempt from tax(17.05.2016)

The Ministry of External Affairs exempted from tax international organisations facilitating religious pilgrimage services offered by the Ministry.
.....

Tags : Religious, pilgrimage, international organisation, external affairs

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Government proposes harder fight against bonded labour(17.05.2016)

The central government announced proposals to make the Rehabilitation of Bonded Labour Scheme more effective. The scheme now envisages an increase in .....

Tags : Bonded labour, rehabilitation, corpus, financial assistance

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Accounting Treatment of Enhanced Provision of Pension Scheme(18.04.2016)

In light of the pay revision of officers and employees carried out by public sector insurers in 2015-2016, the Insurance Regulator Development Authori.....

Tags : insurance, public sector employees, liability

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Clarification regarding taxability of consortium members(07.03.2016)

The Central Board of Direct Taxes moved to dispel ambiguities behind treatment of consortiums as an ‘Association of Persons’ for the purposes of taxat.....

Tags : Association of persons, consortium, taxability

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Cabinet HELPs enhance oil and gas production in India(10.03.2016)

The Union Cabinet approved the new Hydrocarbon Exploration and Licensing Policy that aims to boost exploration and production by oil companies in Indi.....

Tags : Oil and gas, exploration, licensing, policy

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More Forms for e-ITR, more security(04.04.2016)

The Central Board of Direct Taxes announced the electronic filling and filing of Forms 1 and 4S for income tax returns. Furthering the shift to electr.....

Tags : Income tax, electronic filing, 2016

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DGCA and USTDA sign agreement for aviation safety and technical assistance(09.02.2016)

The Directorate General of Civil Aviation of India and the United States Technical Development Agency signed the Grant Agreement for India Aviation Sa.....

Tags : Civil aviation, safety, audit, agreement

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Files related to Netaji Subhash Chandra Bose declassified(02.03.2016)

The Indian government has declassified all available classified files on Netaji Subhash Chandra Bose and transferred the same to National Archives of.....

Tags : subhash chandra bose, classified files, archives

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SEBI DRG II Study Suggests Measures To Enhance Retail Participation(01.03.2016)

The Securities and Exchange Board of India released its Development Research Group - II (DRG- II) Study titled, "The elusive retail investor: How deep.....

Tags : retail investment, capital market, small investors

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Indian Railways launches e-Procurement and e-Tendering systems(01.02.2016)

The Ministry of Railways launched Works Module of Indian Railways E-Procurement System and Implementation of 'e-Tendering in Works Contracts'. The new.....

Tags : Railway, electronic, tender, procurement

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President proclaims powers under Article 356 in Arunachal Pradesh(26.01.2016)

The President of India, Pranab Mukherjee, proclaimed powers of government, legislature and governor of the State of Arunachal Pradesh. The Government .....

Tags : Presidents rule, arunachal Pradesh, instability

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Railways take measures to control ticket booking using automated software(19.01.2016)

The Ministry of Railways has taken measures on its IRCTC website to control ticket booking using automated software. These include a more comprehensiv.....

Tags : Railway, irctc, website, automated, booking

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Ministry of Women and Child Development launches e-Office(28.12.2015)

The Ministry of Women and Child Development has inaugurated its e-office, in another step towards paperless functioning. The system is hoped to bring .....

Tags : Ministry, e-office, digitised files

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RBI creates Helpline for guiding Start-ups in India on Forex Matters(22.12.2015)

The Reserve Bank of India has created a dedicated email helpline for start-ups in India, offering guidance and assistance to undertake cross-border tr.....

Tags : Rbi, foreign exchange, start-up, email assistance

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Tax deadlines extended in Tamil Nadu(07.12.2015)

Due to widespread flooding in Chennai and Tamil Nadu, the Central Board of Direct Taxes extended the date for deposit of tax deducted at source and ta.....

Tags : Excise, service tax, extension, tamil nadu

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Indian Railways Issues Letter of Award for Setting Up of Diesel Locomotive to GE Global Sourcing India Pvt. Limited(09.11.2015)

Indian Railways awarded GE Global Sourcing India Private Limited a Letter of Award to set up a Diesel Locomotive Factory in Bihar. In furtherance to i.....

Tags : Railway, locomotives, decentralisation, deregulation

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Format for Business Responsibility Report(04.11.2015)

The Securities and Exchange Board of India released a ‘Suggested Format for Business Responsibility Report’ pursuant to the SEBI (Listing Obligations .....

Tags : Business responsibility, listed entities, format

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Format for Business Responsibility Report(04.11.2015)

The Securities and Exchange Board of India released a ‘Suggested Format for Business Responsibility Report’ pursuant to the SEBI (Listing Obligations .....

Tags : Business responsibility, listed entities, format

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‘VIKALP’ – Scheme to provide accommodation to waitlisted train passengers(15.10.2015)

Ministry of Railways will commence a pilot scheme from 1.11.2015 to provide confirmed accommodation to waitlisted passengers. Run for a period of six .....

Tags : Railway, alternate, accommodation, train

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Use of email based communication for paperless Assessment Proceedings(19.10.2015)

Central Board of Direct Taxation has begun a pilot program of using email to correspond with taxpayers. The project is expected to be run in non-corpo.....

Tags : Income tax, pilot, email, correspondence, 2015

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RBI invites Applications for authorising Bharat Bill Payment System Operating Units(20.10.2015)

Reserve Bank of India has invited applications for authorization from entities engaged in bill payments and wishing to operate as a ‘Bharat Bill Payme.....

Tags : Repetitive, bill, payments, authorisation

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Draft National Civil Aviation Policy 2015(31.10.2015)

The Ministry of Civil Aviation has released its ‘Draft National Civil Aviation Policy 2015’. The Policy provides for various regulations and programs .....

Tags : Civil, aviation, draft, policy, 2015

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Government to set up National Tribal Advisory Council(29.10.2015)

The Ministry of Tribal Affairs will set up a National Tribal Advisory Council to monitor and implement tribal welfare schemes. The Council is proposed.....

Tags : Tribal, council, prime minister, schemes

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Foreign Direct Investment - Reporting under FDI Scheme on the e-Biz platform(21.08.2015)

The Reserve Bank of India enabled online filing of the 'Foreign Currency Transfer of Shares' returns for reporting transfer of shares, convertible deb.....

Tags : Rbi, fema, return, online filing, return

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CBEC amendment to 'Tariff values Crude and RBD Palm Oil/Palmolein'(14.08.2015)

The CBEC substituted Tables 1, 2 and 3 in Notification No. 36/2001, dated 3 August, 2001, with amended Tables.

Tags : customs, amendment, tariff, palm oil

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Cadre review and formation of the 'Indian Skill Development Service'(07.10.2015)

The Cabinet, chaired by Prime Minister Modi, approved the formation of a Group ‘A’ service of the technical cadre of the Ministry of Skill Development.....

Tags : Skill, development, ministry, cadre

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Productivity Linked Bonus for Railway Employees(07.10.2015)

The Cabinet approved Production Linked Bonus (PLB) for Railway Employees. As in previous years, 78 days’ wages will be paid considering the good finan.....

Tags : Railway, production, bonus, employees

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Report on measures for improved monitoring of CSR released(01.01.1900)

A High Level Panel constituted by the Ministry of Corporate Affairs has released a report suggesting measures for monitoring the progress of implement.....

Tags : Company, corporate social responsibility, report, high level

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Report on measures for improved monitoring of CSR released(19.10.2015)

A High Level Panel constituted by the Ministry of Corporate Affairs has released a report suggesting measures for monitoring the progress of implement.....

Tags : Company, corporate social responsibility, report, high level

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Amendments to the Arbitration and Conciliation Bill, 2015(26.08.2015)

The Union Cabinet approved amendments to the Arbitration and Conciliation Bill, 2015. The changes include having to disclose in writing the existence .....

Tags : Arbitration, bill, 2015, amendments

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CCI imposes Penalty on Kerala Film Exhibitors Federation and its two office Bearers for Contravening Competition Law(08.09.2015)

The Competition Commission of India found Kerala Film Exhibitors Federation, an association of theatre owners, to be conducting activities in contrave.....

Tags : Cci, kerala, film, theatre

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Amendment to anti-dumping duty on imports of PVC Flex Films(18.08.2015)

The Central government extended the imposition of anti-dumping duty on imports of PVC Flex Films, originating in or exported from China, till 29 July,.....

Tags : Anti-dumping, pvc film, china

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Central Government hereby rescinds the notification No. 89/2009-Customs, dated the 31st August, 2009(18.08.2015)

The Central government rescinded its notification dated 31.08.2009 which imposed anti-dumping duty on imports of 'Flexible Slabstock Polyol', origina.....

Tags : Anti-dumping, rescind, china, korea, taipei, brazil

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TRAI Releases Telecom Consumers Protection (Eighth Amendment) Regulations, 2015(07.08.2015)

TRAI released Regulations to protect the interest of consumers using wireless data service. The same originated on TRAI receiving complaints from cons.....

Tags : trai, mobile data, regulations, information

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Amendment in export policy of edible oils(06.08.2015)

The government notified exemptions from prohibition on export of edible oils.

Tags : export, ban, edible, oils

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Amendment in export policy of edible oils(06.08.2015)

The government notified exemptions from prohibition on export of edible oils.

Tags : export, ban, edible, oils

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Draft Equal Opportunity Commission Bill Re-Circulated for Inter-Ministerial Consultations(16.03.2017)

Based on the Expert Group Report and examination by the Government, the draft Equal Opportunity Commission (EOC) Bill has been re-circulated for inter.....

Tags : Bill, Re-circulation, Ministerial Consultations

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Enrolment of Non-Mechanical Propelled Vessels under New Proposed Bill(09.02.2017)

Jal Marg Vikas Project (JMVP) being implemented with technical and financial assistance of the World Bank envisages preparation of Disaster Management.....

Tags : Vessel, Enrollment, Propelled bill

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Central Board of Direct Taxes (CBDT) signs another Bilateral Advance Pricing Agreement (APA) with subsidiary of a Japanese Company(07.03.2017)

The Central Board of Direct Taxes (CBDT) has entered into a bilateral Advance Pricing Agreement (APA) with rollback provision with a Japa