26 May 2020

Search Results for Tag : Notice


Order of FSSAI banning sale of Maggi Noodles in violation of principles of natural justice(13.08.2015)

The Court held that the FSSAI did not give Nestle adequate opportunity to be heard before imposing a ban on the sale of Maggi Noodles. A show-cause no.....

Tags : Food adulteration, natural justice, show cause notice


No right of representation for borrowers in proceedings by lender seeking assistance to take possession(06.08.2015)

In an application by a creditor seeking assistance to take possession of the secured asset, under Section 14 SARFAESI Act, 2002, there is no requireme.....

Tags : Assistance, secured creditor, asset, notice


No necessity for complaint to aver actual date of service of notice against dishonoured cheque(17.08.2015)

If the complaint contains the date of issuance of registered notice, merely not containing the date of receipt of information from the bank regarding .....

Tags : Banking, cheque, date of service, notice


Partner intending to retire from business not the same as partner who died in the course of the partnership(11.08.2015)

A partnership does not automatically stand dissolved if a partner shows an intention to retire, or even serves notice of retirement to the other partn.....

Tags : Partnership, notice, retire, dissolution


Court to not entertain petition under Article 226 if bona fides of Petitioner in doubt(11.08.2015)

In a case where the Bhishma Pithamaha challenged tax notices issued against another person, the Court held that the petition under Article 226 of the .....

Tags : Tax, article 226, notice


Key persons involved in KFEF film ban let off hook(19.04.2016)

Competition Commission of India cannot impose penalties on individual members of a body found to have indulged in anti-competitive activities without .....

Tags : competition, penalty, notice, natural justice


Unless proved contrary, service of notices sent properly addressed, prepaid and by registered post would be deemed to be proper service.(17.10.2016)

Instant appeal filed by Appellants aggrieved against order passed by Additional District Judge, whereby, application filed by Appellants under Order I.....

Tags : Ex-parte order, Validity, Notices, Service


Notice inviting option need not be personally served to employees unless Regulation or any instruction so provides(03.01.2017)

Instant appeal has been filed by PEPSU Road Transport Corporation. Appellate Court took the view that, it was obligatory on part of Defendants to have.....

Tags : Pension scheme, Notice, Option, Service


CESTAT had no jurisdiction to extend time already set down in Customs Broker Licensing Regulations, 2013(23.05.2017)

In fact of present case, Appellant is a Customs Broker holding Customs Broker Licence valid till 2018. Appellant is engaged in customs clearance work .....

Tags : Direction, Notice, Validity


If there is no stipulation in contract of forfeiture, there is no such right available to party to forfeit the sum(25.10.2017)

Present appeal is filed by the Plaintiff against the final judgment passed by the High Court of Madhya Pradesh, whereby the High Court dismissed the a.....

Tags : Power to forfeit, Security money, Auction notice, Conditions, Breach


The service of notice under Section 80 of CPC is a condition precedent for the institution of a suit against the Government or a public officer.(23.10.2017)

Present is a Plaintiffs' appeal against affirming judgment. Trial Court held that, no prior notice under Section 80 of Code of Civil Procedure, 1908 (.....

Tags : Notice, Service, Right to ferry


Dispute of regularization/absorption once settled and having been acted upon cannot be allowed to be raised or reopened(09.11.2017)

Instant intra Court appeal is against the order passed by the learned Single Judge whereby he has allowed writ petitions. These writ petitions were fi.....

Tags : Regularization, Notices, Quashing, Validity


Reputation of public servant cannot be termed as doubtful and his conduct cannot be determined only on spoken words in absence of any material on record(26.12.2017)

The entire gamut of the controversy raised in instant petition revolves round the plea whether the Order bearing No. 480-GAD of 2005 dated 26th April .....

Tags : Notice, Retirement, Legality


When sender has dispatched notice by post with correct address, then it can be deemed to have been served upon the sendee(19.04.2018)

The Applicant, through present application moved under Section 482 of Code of Criminal Procedure, 1973 (CrPC), has invoked the inherent jurisdiction o.....

Tags : Notice, Service, Proceedings, Quashing of


Administrator may take over management of a school only after giving reasonable opportunity of showing cause against proposed action(07.05.2018)

The Petitioner No. 1/School, which is a private unaided school recognized by the Respondent No. 2/Directorate of Education, and the Petitioner No. 2, .....

Tags : Show-cause notice, Personal hearing, Grant


An apology for criminal contempt of Court must be offered at the earliest, since a belated apology hardly shows the "contrition which is essence of purging of contempt"(24.08.2018)

Present Court after noticing that, the Respondent had made certain scurrilous and indecent attacks against the Judicial Magistrate initiated suo motu .....

Tags : Notice, Contempt, Penalty


Licencing authority is empowered to cancel a licence on breach of terms or conditions thereof by the holder(14.05.2019)

Facts of the case, are that at the relevant time, the Petitioner was holding a licence in form FL-2 popularly known as beer bar licence to operate the.....

Tags : Notice, licence, Cancellation


Writ petition should normally not be entertained against mere issuance of show cause notice(14.11.2019)

Present Appeal under Section 35L of the Central Excise Act, 1944 arises out of Order passed by the Customs, Excise and Service Tax Appellate Tribunal,.....

Tags : Show Cause Notice, Adjudication, Maintainability


Aggrieved parties cannot challenge SARFAESI proceedings directly by filing a writ petition without exhausting appeal remedy available to them(22.08.2019)

The Petitioner is a borrower, who has taken a loan from United Bank of India. The Petitioner defaulted in repaying the said loan, hence, notice was is.....

Tags : Notice, Validity, Alternate remedy


Arbitration proceedings and SARFAESI Act proceedings can go hand in hand for recovery of loans(07.12.2017)

In facts of present case, the Petitioners had availed loan from the Respondent for a sum of Rs. 3.35 crores. As a security for this loan, the Petition.....

Tags : Outstanding amount, Notice, Legality


Notifications & Circulars

Notice period for draft Environment Impact Assessment Notification (EIA), 2020 extended till 30th June(07.05.2020)

The Central Government, in exercise of the powers conferred under Environment (Protection) Act, 1986 published the draft notification namely, Environm.....

Tags : Notice period, EIA, 2020, Extension


Clarification on dispatch of notice under section 62(2) of Companies Act, 2013 by listed companies for rights issue opening upto 31st July, 2020(11.05.2020)

1. Several representations have been received in the Ministry for providing clarification on the mode of issue of notice referred to in section 62(1)(.....

Tags : Clarification, Dispatch of notice


Generation/Allotment/Quoting of Document Identification Number in Notice/Order/Summons/letter/correspondence issued by the Income-Tax Department(14.08.2019)

With the launch of various e-governance initiatives, Income-tax Department is moving toward total computerization of its work. This has led to a signi.....

Tags : Allotment, Notice, Issuance


Notice issued by Mahanadi Water Disputes Tribunal(30.05.2018)

Mahanadi Water Disputes Tribunal has issued notice under Rule 4 of the Inter-State River Water Disputes Rules, 1959 to the State Governments of Odisha.....

Tags : Water Dispute, Notice, Issuance


Notice given by the Returning Officer regarding the election to fill the office of the President of India(14.06.2017)

O.N.42(E).--Whereas a notification under sub-section (1) of section 4 of the Presidential and Vice-Presidential Elections Act, 1952, for the holding o.....

Tags : Notice, Election, President


Public Notice and Appeal to the Investors of Pacl Ltd.(22.02.2017)

It is brought to the notice of the General Public that in compliance of the order dated February 02, 2016 passed by the Hon'ble Supreme Court of India.....

Tags : Notice, Invester, Committee, Constitution


Adjudication of notices issued on CERA/CRA objection(08.04.2016)

The Central Board of Excise and Customs added to its efforts to reduce litigation arising out of indirect tax disputes. Its latest Circular has prescr.....

Tags : Cbec, demand notice, litigation, cag


AOs to not issue penalty notices under Sections 271D,E of IT Act(26.04.2016)

The Central Board of Direct Taxes set forth a “Departmental View” to assuage conflicting notions on the limitation for imposition of penalty under Sec.....

Tags : income tax, penalty notice, limitation


Clarifications on Finance Act, 1994 and Central Excise Act, 1944(18.08.2015)

The Central government issued clarifications with regard to detections made during audit, investigation or scrutiny. The clarifications relate to the.....

Tags : Show cause notice, service tax



Supreme Court Issues Contempt Notice to Delhi Police Chief(24.08.2015)

Supreme Court has issued contempt of court notice to the Commissioner of Delhi Police on Delhi Police's failure to execute a non-bailable arrest warra.....

Tags : Supreme Court, Delhi Police, Contempt Notice


HP High Court Issues Contempt Notice to Journalist for Misreporting Its Order(30.11.2015)

Himachal Pradesh High Court has issued contempt notice to correspondent of an English daily for misreporting its order relating to ban on entry of veh.....

Tags : Himachal Pradesh High Court, Contempt Notice to Journalist


SC Issues Contempt Notice over Filing Plea Challenging SC Order in District Court(08.02.2016)

As the top most court of the country, the Supreme Court’s verdict is final but a resident of Jaunpur in Uttar Pradesh did the unthinkable and challeng.....

Tags : SC, Contempt Notice


NGT Summons 38 On Their Refusal to Accept Notice Concerning Yamuna Nurseries(14.08.2015)

National Green Tribunal has ordered proprietors of 38 nurseries to appear before it after they allegedly refused to accept notice issued to them for c.....

Tags : National Green Tribunal,refused to accept notice,Yamuna


NGT Serves Notice to NHAI, PWD and DMRC(17.08.2015)

National Green Tribunal (NGT) has issued notices to National Highways Authority of India (NHAI), the Delhi Metro Rail Corporation (DMRC) and the Publi.....

Tags : National Green Tribunal,Notice to NHAI, PWD and DMRC


Bombay HC Issues Contempt Notice to Two ACPs for Failure to Curb Noise Pollution(27.10.2016)

Bombay High Court has issued contempt notices to two Assistant Commissioners of Police (ACP) for failing to take action against noise pollution during.....

Tags : Bombay HC, Contempt Notice, Noise Pollution


Supreme Court Issues Contempt Notice to Former Judge Markandey Katju(14.11.2016)

Supreme Court has issued Contempt of Court Notice to Former Judge Markandey Katju for criticising Judges and not judgment in Soumya rape case.

Tags : Supreme Court, Contempt of Court notice, Markandey Katju, Soumya rape case


Delhi HC Issues Contempt Notice to Women Who Refuses to Honour Mutual Divorce Plea(17.01.2017)

Delhi High Court has issued a contempt notice against a woman who entered a settlement to separate with her husband but later refused to honour it.

Tags : Delhi High Court, Mutual Divorce, Contempt Notice


ITAT, Ahmedabad: Salary Deducted For Not Serving Notice Period is Not Taxable Income(03.05.2017)

Income Tax Appellate Tribunal (ITAT), Ahmedabad has ruled that an amount deducted from an employee's salary for not serving out a notice period cannot.....

Tags : Income Tax Appellate Tribunal, Notice Period


ITAT Hyderabad: Serving Notice to Assessee is Mandatory Requirement Under IT Act(29.05.2017)

ITAT Hyderabad has held that serving notice to assessee and giving him an opportunity to be heard is not an “empty formality”, but is a mandatory requ.....

Tags : ITAT Hyderabad, Notice, Assessee


Prior Notice Must for Initiating Reassessment Proceeding: ITAT, Amritsar(20.06.2018)

ITAT Amritsar held that notice under Section 148 or 142(1) of the Income Tax Act which is served upon the deceased assessee or his sole legal heir is .....

Tags : Income Tax Department, Notice


Penalty Notice u/s 274 Should Specify Grounds: ITAT, Delhi(25.06.2018)

Delhi Bench of Income Tax Appellate Tribunal (ITAT) has held that there is no justification imposing the penalty without mentioning the grounds specif.....

Tags : Income Tax, Notice


Kerala High Court: Suits Instituted As Against Private Persons Can't be Dismissed u/s 80 CPC(28.06.2018)

Kerala High Court has held that suit instituted as against private persons cannot be dismissed under Section 80 of CPC even if the cause of action aga.....

Tags : Kerala High Court, Suit, Notice


Bombay High Court: Lower Courts Must Go ‘Digital’ in Serving Summons, Notices(16.08.2018)

Bombay High Court has said that courts should adopt ‘modern ways’ of serving summons/notices through WhatsApp or Email.

Tags : Bombay High Court, Summons, Notices


DHC: Merely Because Postal Notice was Unserved, Inference of Non-Appearance Cannot be Drawn(30.08.2019)

Delhi High Court(DHC) has ruled while remanding an industrial dispute back to the Industrial Tribunal that the aim and objective of the Industrial Dis.....

Tags : DHC, Postal Notice


Madhya Pradesh HC Issues Contempt Notice to Collector for Willfully Disobeying Order(26.05.2020)

Madhya Pradesh High Court has issued a notice in contempt proceedings against the District Collector posted at Anuppur, for disobeying a High Court or.....

Tags : Madhya Pradesh High Court, Contempt Notice to Collector


BHC:Look Out Notice Cannot be Issued Without Reasons for Apprehension that Accused is Avoiding Arrest(03.09.2019)

Bombay High Court (BHC) has granted relief to one Afzal Jaffer Khan and suspended a look out notice issued against him by Central Bureau of Investigat.....

Tags : BHC, Look Out Notice


SC: Proceedings Cannot be Quashed on Grounds that Notice Not Issued Within Statutory Period(06.09.2019)

Supreme Court has ruled that the proceedings under Section 138 of Negotiable Instruments Act, 1881(NI Act) cannot be quashed on the basis that the dem.....

Tags : SC, Notice


Kerala High Court Issues Notice on Plea Challenging RTI (Amendment) Act 2019(06.09.2019)

Kerala High Court has issued notice to the Centre on a plea challenging the vires of the Right to Information (Amendment) Act, 2019 stating that the r.....

Tags : Kerala High Court, Notice


Supreme Court: No Provision for Combining of Multiple Cases Arising Out of Single Notice(20.09.2019)

Supreme Court has observed that there was no provision for consolidation of cases in the Code of Criminal Procedure, 1973 thereby declining a plea to .....

Tags : Supreme Court, Notice


Supreme Court: High Court Cannot Relax Terms and Conditions of Tender Notice(15.10.2019)

Supreme Court has observed in exercise of power under Article 226 of Constitution of India, a High Court has no power to relax the terms and condition.....

Tags : Supreme Court, Tender Notice


Customs, Excise & Service Tax Appellate Tribunal Mumbai Quashes Show Cause Notice Issued After 5 Year(10.01.2020)

Customs, Excise & Service Tax Appellate Tribunal Mumbai has set aside the order of the Commissioner of Appeals stating that show cause notice issued a.....

Tags : Customs, Excise & Service Tax Appellate Tribunal, Show-Cause Notice


Gujarat High Court: Confiscation Before Seizure Cannot be Ordered on Mere Suspicion(17.01.2020)

Gujarat High Court has held that to issue a notice of confiscation u/s 130 of the Central Goods and Services Tax Act, 2017, mere suspicion may not be .....

Tags : Gujarat High Court, Notice of Confiscation


Madras High Court: No Service Tax on Notice Pay Recovery by Employer from Employee(30.01.2020)

Madras High Court has ruled that the amount received by an employee from the employer on premature termination of the contract or notice pay recovery .....

Tags : Madras High Court, Service Tax on Notice Pay Recovery


Allahabad High Court Stays Recovery Notice to Man Accused of Damage to Public Property(14.02.2020)

Allahabad High Court has stayed the recovery notice issued to a Kanpur man accused of destroying public property during the anti- Citizenship Amendmen.....

Tags : Allahabad High Court, Recovery Notice, Citizenship Amendment Act Protests


Supreme Court Gives J&K Administration 15 Days to Justify Omar Abdullah’s Detention(17.02.2020)

Supreme Court has asked the Jammu and Kashmir (J&K) administration to offer within 15 days its justification for the detention of former Chief Ministe.....

Tags : Supreme Court, Notice to J&K Administration, Omar Abdullah


Delhi HC: No Requirement to Issue Two Separate Notices for Reopening of Assessment Proceedings(04.03.2020)

Delhi High Court has held that there is no requirement to issue two separate notices in the name of amalgamated Companies for the reopening assessment.....

Tags : Delhi High Court, Separate Notices for Reopening of Assessment Proceedings


SC: Mere Service of Notice on Opposite Party Without Complaint Copy Cannot be Commencing Point(05.03.2020)

Supreme Court has held that the commencing point of limitation of 30 days under Section 13 of the Consumer Protection Act, 1986 would be from the date.....

Tags : Supreme Court, Service of Notice


Calcutta High Court Sets Aside Leave-India Notice to Polish Student(19.03.2020)

Calcutta High Court has set aside the expulsion order issued by Foreigner Regional Registration Offices to Kamil Siedcynski, a Polish student, for all.....

Tags : Calcutta High Court, Leave-India Notice, Polish Student


SC Allows NDTV's Appeal to Quash Income Tax Re-Assessment Notice(06.04.2020)

Supreme Court has allowed the appeal of New Delhi Television Ltd (NDTV) to quash the notice issued by the Income Tax Department seeking to re-open its.....

Tags : Supreme Court, New Delhi Television Ltd, Income Tax Re-Assessment Notice


SC: Notice Sufficient Where Mode of Giving Notice Not Mentioned(27.04.2020)

Supreme Court has reaffirmed that Notice sent under Certificate of Posting is sufficient where mode of service is not mentioned.

Tags : Supreme Court, Notice


Gujarat High Court: Notice Compulsory While Detaining Goods Not Accompanied With E-Way Bill(03.07.2019)

Gujarat High Court while granting interim relief to a dealer from Tamil Nadu has held that notice under Section 129 of the Central Goods and Services .....

Tags : Gujarat High Court, Notice


NCLAT: Cannot Dismiss Insolvency Plea Over Claims Disputed After Demand Notice(29.07.2019)

National Company Law Appellate Tribunal (NCLAT) has directed the National Company Law Tribunal (NCLT) to decide over an insolvency plea filed against .....

Tags : NCLAT, Demand Notice


Supreme Court Explains Section 292BB Income Tax Act, 1961 Does not Mean Complete Absence of Notice(16.08.2019)

Supreme Court has observed that Section 292 BB of the Income Tax Act, 1961 applies only to cure the infirmities in the manner of service of notice of .....

Tags : Supreme Court, Notice


CIVIL - Delhi HC Directs Pakistan Woman to Leave India Within 2 Weeks(01.03.2019)

Delhi High Court has dismissed plea of woman seeking quashing of the government's ''leave India notice'', and directed her to leave India within two w.....

Tags : Delhi High Court, Pakistan Woman, Leave India Notice


COMPANY - Notice of NCLAT Appeal to be Served Regardless of Supply of Advance Copy of Appeal Paper Book: SC(12.03.2019)

Supreme Court has observed that stipulation of service of notice on other side, pursuant to issuance of notice by National Company Law Appellate Tribu.....

Tags : NCLAT, Notice of NCLAT Appeal, Supply of Advance Copy of Appeal Paper Book


Sentence can be Enhanced in Convict's Appeal Only by Giving Him Notice of Enhancement: SC(23.04.2019)

Supreme Court has reiterated that power of a High Court to enhance sentence awarded to a convict, while considering his appeal, can only be exercised .....

Tags : Supreme Court, Notice of Enhancement


Income Tax Re-Assessment Notice to a Dead Person is Invalid: Bombay HC(23.04.2019)

Bombay High Court has held that income tax notice sent in the name of a dead person is invalid though the information regarding the death was not give.....

Tags : Bombay High Court, Income Tax Re-Assessment Notice, Dead Person


International Cases

Where proportion of leave taken by worker is less than proportion of leave year which has expired, his employer shall make him a payment in lieu of leave(12.03.2018)

The claimant obtained employment with the respondent through Apple Recruitment Services. The claimant brought claims for notice pay, holiday pay and .....

Tags : Notice pay, Arrears, Grant


Supreme Court must not give leave to appeal on an interlocutory matter unless it is in interests of justice to have proposed appeal heard and determined before trial(11.04.2017)

Applicant is registered tax agent in respect of 15 companies having their registered offices in New Zealand. In 2014, Commissioner of Inland Revenue r.....

Tags : Notice, Issuance, Information, Disclosure