15 April 2024


Search Results for Tag : Period

Judgments

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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Suppression (intentional and deliberate) cannot exist when relevant fact forming basis of demand already within knowledge of department(06.02.2017)

Appellant is a wholly owned subsidiary of Amway Corporation, USA and is engaged in business of direct selling of products in different segments. Servi.....

Tags : Demand, Extended period, Invocation

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Cooling off period mentioned in Section 13-B(2) of Hindu Marriage Act is not Mandatory(12.09.2017)

Factual matrix giving rise to instant appeal is that marriage between the parties took place on 16th January, 1994. Two children were born in 1995 and.....

Tags : Divorce, Mutual consent, Statutory period, Waiver

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An order of detention cannot be rendered illegal merely because it does not specify period of detention(10.04.2018)

In instant case, the High Court has set aside an order of detention issued under Section 3(1)(ii) of the Conservation of Foreign Exchange and Preventi.....

Tags : Detention, Period, Specification

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Extended period of limitation is only applicable in case of fraud, collusion, wilful mis-statement, suppression of facts or contravention of provision with intent to evade payment of Service Tax(04.12.2018)

The present appeal is directed against the impugned order passed by the Commissioner (Appeals) whereby the Commissioner (A) has rejected the appeal of.....

Tags : Demand, Confirmation, Extended period, Legality

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A party to an arbitration proceeding can challenge the arbitral award as soon as he receives it(25.11.2019)

The challenge in present petition under Section 34 of the Arbitration and Conciliation Act, 1996, is to an award/interim award dated May 18, 2019 pass.....

Tags : Arbitral award, Maintainability, Time period

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Fact of family’s sustenance for long-time is sufficient to deny compassionate appointment(20.12.2019)

In present case, Petitioner seeks quashing of order passed by Respondent No. 2 vide which her case for compassionate appointment was rejected. The hu.....

Tags : Compassionate Appointment, Eligibility, Time period

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Application for setting aside the sale can be made only after deposit of purchase money(25.02.2020)

Present civil appeal is filed by the Appellants, aggrieved by the judgment and order passed in Letters Patent Appeal by the High Court. It is contende.....

Tags : Purchase money, Deposit, Time period

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Limitation period will not be extended in SARFAESI & DRT Proceedings on part payment under IBC(05.03.2020)

The Appeal preferred by a Shareholder and Director of the Corporate Debtor challenging the order passed by the Adjudicating Authority (National Compan.....

Tags : Limitation period, Extension, Validity

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NCLAT is empowered to condone the delay upto a period of 45 days(18.09.2020)

The Appellants have come up with the present appeals, challenging an order passed by the National Company Law Appellate Tribunal (‘NCLAT’) dismissing .....

Tags : Prescribed period, Delay, Condonation

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Where no minimum sentence is prescribed, accused is entitled to default bail if charge-sheet not filed in 60 days(04.12.2020)

Accused had moved a petition under Section 167(2) of Code of Criminal Procedure, 1973 (CrPC) to release him, on the ground that, 60 days period having.....

Tags : Charge sheet, Time period, Default bail

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Period of limitation for filing objections has to be reckoned from date on which signed copy of award was made available to parties(02.03.2021)

The present Civil Appeal arises from a Petition filed under Section 34 of the Arbitration and Conciliation Act, 1996 by the Appellant to challenge the.....

Tags : Objections, Filing of, Limitation period

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An assessee is bound within four corners of the statute and the period of limitation prescribed in Excise Act and Rules in refund claims before the Departmental Authorities(16.03.2021)

The Applicant was engaged in manufacturing of "Galvanized Transmission & Communication Tower Parts". The Appellant filed a refund claim amounting to R.....

Tags : Refund, Eligibility, Time period

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

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

Tags : Compassionate appointment, Entitlement, time period

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Mere suppression of facts is not sufficient to invoke extended period; there should be some positive Act on part of noticee to evade payment of duty(06.04.2021)

The Appellants, M/s. Bharti Airtel Ltd., are providers of taxable service under the category of Telephone/Telecommunications Services; an audit conduc.....

Tags : Extended period, Invocation, Legality

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Unless specified by statute itself, procedural law operates retrospectively(18.08.2021)

Present Miscellaneous Application(MA) is filed by assessee seeking rectification of mistake , which as per assessee is apparent from record and has cr.....

Tags : Miscellaneous Application, Time period, Maintainability

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Receipt of the order passed under Section 263 of the IT Act by the assessee has no relevance for the purpose of counting the period of limitation(07.10.2021)

The Assessing Officer (AO) passed an assessment order under Section 143 (3) of the Income Tax Act ( IT Act) for the assessment year (AY) 2008-¬09 vide.....

Tags : Income, Assessment, Time period

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Aggrieved party is expected to exercise due diligence and apply for a certified copy upon pronouncement of the order(22.10.2021)

Present appeal arises under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) from the judgement of the National Company Law Appellate Trib.....

Tags : Time period, Extension, Entitlement

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Mere filing of representation before authorities does not extend limitation period(28.02.2022)

The Petitioner filed Writ Petition by which the Petitioner prayed to allot 10% plot to him as provided under Clause 12 of the Sale Deed dated 19th Sep.....

Tags : Delay, Time period, Extension

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Resolution process has to be completed within the period stipulated under Section 12 of IBC(01.12.2021)

The Committee of Creditors of Amtek Auto Limited through Corporation Bank (‘COC’) has preferred the present appeal feeling aggrieved and dissatisfied .....

Tags : Resolution Process, Time period

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Insolvency resolution process has to be completed within 330 days maximum, but in exceptional cases, the period can be extended by Adjudicating Authority/Appellate Tribunal(04.01.2022)

Present Appeals have been filed against judgment passed by the National Company Law Tribunal, Mumbai Bench, rejecting the application filed by the Res.....

Tags : Period, Extension, Entitlement

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Application for setting aside of the award has to be made within three months after receipt of arbitral award and a further period of thirty days, but not thereafter(04.05.2022)

Appellant impugns order whereby the application filed by the Appellant under Section 34(3) of the Arbitration and Conciliation Act, 1996 (Arbitration .....

Tags : Sufficient cause, Objections, Time period

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Ninety days period provided for making the deposit is the maximum period under which the Auction Purchaser had to make the deposit(12.05.2022)

Present Appeal has been filed against the Order passed by the Adjudicating Authority (National Company Law Tribunal, New Delhi,). The Adjudicating Aut.....

Tags : Payment, Failure, Time period

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Appellate Authority can extend limitation period for 60 days only on showing of sufficient cause(23.05.2022)

The question to be adjudicated in all present petitions is whether Section 7(7) of the Payment of Gratuity Act, 1972 permits condoning the delay in fi.....

Tags : Time period, Delay, Extension

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Total period for which management of educational institution can be taken over cannot exceed five years(04.07.2022)

The management of the educational institution run by the Petitioner-Society was taken over for a period of two years pursuant to an order passed under.....

Tags : Appointment, Administrator, Time period

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For claiming rebate of duty under Rule 18 of the Central Excise Rules, the period of limitation prescribed under Section 11B of the Central Excise Act, shall have to be applied(29.11.2022)

The original writ Petitioner/Appellant has preferred the present appeal feeling aggrieved with the impugned judgment passed by the High Court, whereby.....

Tags : Rebate claim, Limitation period, Applicability

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Period of parole is to be excluded for the purpose of considering actual imprisonment(05.01.2023)

The original Petitioners are all convicts undergoing life imprisonment. The original writ Petitioners have preferred the present Petitions feeling agg.....

Tags : Period, Parole, Exclusion

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Right to prefer objections to assail the Arbitral Award cannot be denied unless the party has failed to file the objection petition within the strict period of limitation(30.01.2023)

Present petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 ('Act') challenging the Arbitral Award passed by the le.....

Tags : Time period, Delay, Legality

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Cenvat credit on the service of Repair and Maintenance during warranty period is allowable(01.03.2023)

The issue involved is that whether the Appellant is entitled for cenvat credit in respect of after sale service provided during warranty period of the.....

Tags : Warranty Period, Cenvat credit, Eligibility

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Delay beyond extended period of 15 days in preferring the appeal is uncondonable, the same cannot be condoned even in exercise of powers under Article 142 of the Constitution(28.03.2023)

Present appeal is against the order which has been filed alongwith an application in which the Appellant/Applicant has prayed for condonation of delay.....

Tags : Time period, Delay, Condonation

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Benefit of period requisite for filing certified copy can be claimed by an Applicant only when certified copy is applied before the expiry of limitation period(11.04.2023)

Present Application has been filed praying for condonation of delay in filing the Appeal. This Appeal under Section 61 of the Insolvency and Bankruptc.....

Tags : Certified copy, Time period, Condonation

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Limitation to file an appeal is only upto 45 days out of which the period of fifteen days can be used for the purpose of extension of period of limitation on assigning sufficient cause(12.05.2023)

The present appeal has been filed by 'Cloud9 Apartment Owner Association' who did not file the appeal within the statutory period of 30 days plus 15 d.....

Tags : Statutory period, Delay, Condonation

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Mere negotiations will not postpone the "cause of action" for the purpose of limitation(18.05.2023)

Present is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996, filed at the instance of a company based in Switzerland and e.....

Tags : Appointment, Arbitrator, Time -period

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Application under Section 7 of the IBC is filed only when the right to apply against default accrues and for every default, there is a fresh period of limitation(24.05.2023)

The present appeal has been filed under Section 61 of the Insolvency & Bankruptcy Code, 2016 (IBC) against the 'impugned order' passed by the 'Adjudic.....

Tags : Period of Limitation, Insolvency and Bankruptcy Code

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Limitation period for execution of decree commences only when the decree becomes enforceable(24.04.2023)

By way of present appeal, the judgment passed by the High Court is assailed on the ground that the execution application was filed after 12 years from.....

Tags : Limitation period, Commencement, Decree

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Acknowledgement of the debt for the purpose of extension of limitation has to be made during the period of three years(26.04.2023)

Present appeal is filed by the Suspended Director of the Corporate Debtor (D.P. Agro Mills Pvt. Ltd) against the order passed by the Adjudicating Auth.....

Tags : Time period, Application, Maintainability

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When the Guarantee requires invocation of guarantee deed, default on the guarantor shall be the date, when corporate guarantee has been invoked(26.07.2023)

Present Appeal has been filed against the Order by which Section 7 Application filed by the Appellant has been rejected as barred by Section 10A of th.....

Tags : Default, Time period, Applicability

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CIRP cannot be initiated for defaults arising within 12 months period beginning 25th March, 2020(14.09.2023)

The Borrower had raised funds for `Celebrity Football Match' to be held at Dubai. Since the Borrower had not repaid the loan, the Appellant had invoke.....

Tags : CIRP, Initiation, Specified period

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When agreement is for sale of immovable property on which stamp duty is paid and the document is registered under the Registration Act, extended period of two years would be applicable(10.10.2023)

Present petition under Article 226/227 of the Constitution of India, 1950 is filed challenging the order whereby refund of Rs.19,725 being the stamp d.....

Tags : Refund, Entitlement, Time-period

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Adjudication of show cause notices must be completed within a reasonable time frame, unless an extraordinary situation arises beyond the control of adjudicating authority(09.10.2023)

The Petitioner in the present writ application is challenging the legality and validity of the impugned show cause notice dated 24th December, 2014, i.....

Tags : Notice, Issuance, Time period

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When primary facts necessary for assessment are truly disclosed, the Assessing Officer is not entitled on change of opinion to commence proceedings for reassessment(13.12.2023)

In present matter, the original assessment order was passed under Section 144 of the Income Tax Act, 1961 on 24th December, 2008 in which certain addi.....

Tags : Time period, Reassessment, Legality

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Notifications & Circulars

Directions under Section 35A read with Section 56 of the Banking Regulation Act, 1949 - Ramgarhia Co-operative Bank Ltd, New Delhi - Extension of Period(08.01.2024)

1. The Reserve Bank of India, vide directive DEL.DOS.EXG_SSM No. S515/12-10- 013/2022-23 dated July 07, 2022, had placed Ramgarhia Co-operative Bank L.....

Tags : Directions, Extension, Period

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Central Motor Vehicles (Third Amendment) Rules, 2024(28.02.2024)

WHEREAS, the draft rules further to amend the Central Motor Vehicles Rules, 1989, was published, as required by sub-section (1) of section 212 of the .....

Tags : Rules, Amendment, Time period, Expiry

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Extension of Registration Period for Unregistered Entities Providing Machine-to-Machine (M2M) Services and/or WPAN/WLAN Connectivity for M2M Services(27.03.2024)

1. Consequent upon the issue of instructions for registration of unregistered entities providing Machine-to-Machine (M2M) Services and/or WPAN/WLAN Co.....

Tags : Extension, Registration Period, Unregistered

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Indian Government Accounting Standard on Prior Period Adjustments(02.03.2023)

Whereas, accounting on cash basis recognises prior period items for rectification of errors or adjustment of financial statements for one or more prio.....

Tags : Accounting, Standard, Prior Period

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Import of Watermelon Seeds under ITC(HS) 12077090 of ITC(HS), 2022 Schedule-I (Import Policy) for the period upto 31.10.2023(08.06.2023)

In exercise of powers conferred under paragraph 1.03 and 2.04 of the Foreign Trade Policy, 2023, the Directorate General of Foreign Trade hereby notif.....

Tags : Import, Watermelon Seeds, Time period

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Directions under section 35A read with Section 56 of the Banking Regulation Act, 1949 - Shri Anand Co-operative Bank Limited - Extension of Period(23.02.2022)

1. The Reserve Bank of India, vide directive DCBS.CO.BSD-I/D-16/12.22.474/2018-19 dated June 21, 2019, had placed Shri Anand Co-operative Bank Limited.....

Tags : Directions, Extension, Time Period

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Directions under Section 35A read with Section 56 of the Banking Regulation Act, 1949 - Garha Co-operative Bank Ltd., Guna-Extension of period(23.11.2022)

The Reserve Bank of India, in the public interest, had issued directions to Garha Co-operative Bank Ltd., Guna, Madhya Pradesh in exercise of powers v.....

Tags : Directions, Extension, Period

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Directions under Sec. 35A r/w Sec. 56 of Banking Regulation Act, 1949 - Malkapur Urban Co-operative Bank Ltd., Buldhana, Maharashtra - Extension of Period(24.08.2022)

1. The Reserve Bank of India issued Directions to The Malkapur Urban Co-operative Bank Ltd., Buldhana, Maharashtra under Section 35A read with Section.....

Tags : Directions, Extension, Period

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Directions under Section 35A read with Section 56 of the Banking Regulation Act, 1949, to Independence Co-operative Bank Ltd. for extension of period(10.01.2022)

The Reserve Bank of India, in the public interest, had issued directions to Independence Co-operative Bank Ltd., Nashik, Maharashtra in exercise of po.....

Tags : Directions, Extension, Period

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Directions under Section 35A read with Section 56 of the Banking Regulation Act, 1949 to Rupee Co-operative Bank Ltd., Pune, Maharashtra for extension of period(01.12.2021)

Reserve Bank of India vide directive UBD.CO.BSD-I/D-28/12.22.2018/2012-13 dated February 21, 2013 had placed the Rupee Co-operative Bank Ltd., Pune, M.....

Tags : Directions, Extension, Period

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Directions under Section 35 A read with Section 56 of the Banking Regulation Act, 1949 to The Kapol Co-operative Bank Ltd Mumbai, Maharashtra for extension of period(01.11.2021)

1. Reserve Bank of India vide directive DCBS.CO.BSD-I./D-9/12.22.111/2016-17 dated March 30, 2017 had placed The Kapol Cooperative Bank Ltd Mumbai, Ma.....

Tags : Directions, Extension, Period

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Directions under Section 35A read with Section 56 of the Banking Regulation Act, 1949 - Mantha Urban Co-operative Bank Limited, Mantha, District: Jalna, Maharashtra - Extension of period(16.08.2021)

The Reserve Bank of India, in the public interest, had issued Directions to Mantha Urban Co-operative Bank Limited, Mantha, District: Jalna, Maharasht.....

Tags : Directions, Extension, Period

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Periodic updation of KYC - Restrictions on account operations for non-compliance(05.05.2021)

This is with reference to Section 38 of the Master Direction on KYC dated February 25, 2016, in terms of which Regulated Entities (REs) have to carry .....

Tags : Periodic updation, KYC, Restrictions

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TRAI releases consultation paper on "Validity Period of Tariff Offers"(13.05.2021)

1. The Telecom Regulatory Authority of India (TRAI) has today released a Consultation Paper on "Validity period of Tariff Offers".

2. The TRA.....

Tags : Consultation paper, Validity period, Tariff Offers

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Direction to policy holders whose motor vehicle third party insurance policies fall due for renewal during the lockdown period can make the same on or before 21st April, 2020(01.04.2020)

In exercise of powers conferred by sub-sections (1) and (5) of section 64VB of the Insurance Act, 1938, read with rule 59 of the Insurance Rules, 1939.....

Tags : Direction, Policy holders, Renewal, Lockdown period

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Amendment in Notification S.O. number 3645 (E), dated the 5th December, 2016(05.11.2020)

In exercise of the powers conferred by sub-section (3) of section 3 of the Environment (Protection) Act, 1986 (29 of 1986), read with sub-rule (4) of .....

Tags : Amendment, Notification, Time period

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Central Government hereby notifies further period of three months for the purposes of Section 10A of the Insolvency and Bankruptcy Code, 2016(22.12.2020)

In exercise of the powers conferred by section 10A of the Insolvency and Bankruptcy Code, 2016 (31 of 2016), the Central Government hereby notifies fu.....

Tags : Extension, Time period, IBC

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Swasth ke Sipahi deliverying essential services and medicines at doorstep of patients and elderly under Pradhan Mantri Bhartiya Janaushadhi Pariyojana(07.04.2020)

Pharmacists, popularly known as "Swasth ke Sipahi", of Pradhan Mantri Jan Aushadhi Kendra , are deliverying essential services and medicines at doorst.....

Tags : Lockdown period, Essential services, Medicines, Doorstep

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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

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Directions under Section 35A of the Banking Regulation Act, 1949 (AACS) - United Cooperative Bank Limited Extension of Period(22.01.2019)

Reserve Bank of India, in public interest, had issued directions to United Cooperative Bank Limited, Bagnan Station Road (North), P.O-Bagnan, Dist. - .....

Tags : Directions, Period, Extension

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Natural calamity - relaxation of grace period for payment of renewal premium in the State of Kerala and flood affected districts of Karnataka(29.08.2018)

It has come to the notice of the Authority that due to recent heavy rains and floods in the state of Kerala and Karnataka, normal life has been severe.....

Tags : Natural calamity, Relaxation, grace period, Payment, Renewal premium

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No limitation period for reporting of the offences under the POCSO Act, 2012.(16.10.2018)

The Ministry of Women and Child Development had recently consulted Ministry of Law in view of the overriding provisions of the Protection of Children .....

Tags : Limitation period, Report, POCSO Act

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Onetime relaxation for EO extension and clubbing of Advance Authorisations(24.10.2017)

In exercise of powers conferred under Para 2.04 and 2.58 of the Foreign Trade Policy 2015-2020, as amended from time to time, the Director General of .....

Tags : Time period, Extension, Export obligation

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EPFO withdraws 5 day grace period for depositing dues(12.01.2016)

Employees Provident Fund Organisation has withdrawn the grace period of five days for depositing dues with effect from February, 2016. The EPFO notes .....

Tags : Epfo, grace period, deposit, dues, 2016

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PMJJBY incorporates exclusion to discourage abuse(30.06.2016)

The Pradhan Mantri Jeevan Jyoti Bima Yojana will incorporate a lien clause, effective 1 June 2016, excluding claims for deaths occurring during the fi.....

Tags : pmjjby, lien clause, death, exclusion period

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Clarification on "Extension of grace period for payment of renewal premium of life insurance policies in light of recent demonetization"(29.11.2016)

Reference is drawn to the Circular Ref: IRDA/ACTL/CIR/ULIP/236/11/2016 dated 25th November, 2016 on "Extension of grace period for payment of renewal .....

Tags : Renewal premium, Payment, Extension, Time period

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News

EPFO Withdraws 5 Days Grace Period for Depositing Contribution and Administrative Charges(19.01.2016)

Employees' Provident Fund Organisation (EPFO) has withdrawn the grace period of 5 days for depositing of contribution and administrative charges. This.....

Tags : EPFO, Grace Period

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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

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HC can’t Modify Life Sentence to ‘Period Already Undergone’ While Upholding Conviction Of Murder: SC(26.10.2018)

Supreme Court has observed in a murder case that high court as an appellate court, cannot modify the life imprisonment imposed by the trial court to p.....

Tags : Supreme Court, Murder case, Period Already Undergone

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CRIMINAL - Madras HC Directs DGPs to Issue Instructions to File Chargesheet Within Stipulated Period(19.02.2019)

Madras High Court has directed DGPs of Tamil Nadu and Puducherry to instruct all their CoPs of cities and IGs of districts to issue appropriate direct.....

Tags : Madras High Court, File Chargesheet Within Stipulated Period

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CRIMINAL - There is No Limitation Period to Seek Declaration of Marriage As 'Null And Void': SC(07.03.2019)

Supreme Court has observed that no period of limitation is prescribed so far as presentation of petition for declaration to declare a marriage being n.....

Tags : Supreme Court, Declaration of Marriage as 'Null And Void', Limitation Period

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FAMILY - There is No Limitation Period to Seek Declaration of Marriage as 'Null And Void': SC(07.03.2019)

Supreme Court has observed that no period of limitation is prescribed so far as presentation of petition for declaration to declare a marriage being n.....

Tags : Supreme Court, Declaration of Marriage as 'Null And Void', Limitation Period

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Holding Period of House Starts from Date of Allotment, Not Registration: ITAT(08.04.2019)

Income Tax Appellate Tribunal (ITAT), Mumbai bench has held that date of allotment of a house shall be treated as the date of acquisition and holding .....

Tags : ITAT, Date of Allotment, Holding Period

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Delhi HC Refuses to Quash Decision to Extend Training Period of Medical Students(27.05.2020)

Delhi High Court has refused to set aside National Board of Examination's decision to extend the completion of the training period of the final year s.....

Tags : Delhi High Court, Training Period of Medical Students

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Supreme Court Refuses to Extend Validity Period of Cheques(15.07.2020)

Supreme Court has refused to extend the period of validity of a cheque, while holding that a decision on the same may be taken by the Reserve Bank of .....

Tags : Supreme Court, Validity Period of Cheques

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Karnataka HC: Period of Quarantine Undergone by Court Staff to be Treated as 'On Duty'(11.08.2020)

Karnataka High Court has decided that the period of quarantine undergone by the staff members of District/Trial Courts shall be treated as on duty sub.....

Tags : Karnataka High Court, Period of Quarantine

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Karnataka HC Directs KPSC to Consider Granting Grace Period to Visually Impaired Students(21.08.2020)

Karnataka High Court has directed the Karnataka Public Service Commission to consider granting 20 minutes per hour grace period to visually impaired c.....

Tags : Karnataka High Court, Grace Period to Visually Impaired Students

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SC: Period for Filing Plea for Enforcement of Foreign Award is Under Article 137 of Limitation Act(17.09.2020)

Supreme Court has held that the period of limitation for filing a Petition for enforcement of a foreign award under Sections 47 and 49 of the Arbitrat.....

Tags : Supreme Court, Period for Filing Plea for Enforcement of Foreign Award

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RBI: 90-Day NPA Norm Shall Exclude Moratorium Period for Standard Accounts as on March 1(17.04.2020)

Reserve Bank of India has announced that the moratorium permitted by it on 27th March, 2020 due to COVID-19 situation can be excluded from the 90-day .....

Tags : Reserve Bank of India, Moratorium Period for Standard Accounts

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Delhi HC: 90 Days Period Prescribed in Rule 117 of CGST Rules Not Mandatory(06.05.2020)

Delhi High Court has held that Rule 117 of Central Goods and Services Tax Rules, 2017 which prescribes 90 days for filing for transactional credits, i.....

Tags : Delhi High Court, 90 Days Period

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SC: HC Cannot Disregard Statutory Limitation Period to Entertain Writ Petition(08.05.2020)

Supreme Court has observed that a High Court cannot disregard the statutory limitation period to entertain Writ Petition assailing orders passed by st.....

Tags : Supreme Court, Statutory Limitation Period

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SC: Consumer Forum Has No Power to Extend Time Beyond 45 Days for Opposite Party's Version(04.03.2020)

Supreme Court has held that the time period for filing opposite party's version in Consumer case cannot be extended beyond the period of 45 days presc.....

Tags : Supreme Court, Time Period

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SC Extends Period of Limitation for Filing in All Courts/Tribunals(24.03.2020)

Supreme Court has directed the suspension of the limitation period running under all general and special laws, with effect from 15th March, 2020, in v.....

Tags : Supreme Court, Period of Limitation for Filing

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IBBI: Lockdown Period Won’t be Counted in IBC Timeline(30.03.2020)

Insolvency and Bankruptcy Board of India has stated that lockdown period will not be counted towards the timeline for any activity under the corporate.....

Tags : IBBI, Lockdown Period

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Delhi HC Stays Restriction that Refund Period Cannot be Spread across Two Financial Years(31.01.2020)

Delhi High Court has stayed the Paragraph 8 of Circular No. 125/44/2019-GST dated 18.11.2019 which restricted that Refund Period cannot be spread acro.....

Tags : Delhi High Court, Restriction, Refund Period

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Delhi High Court: Limitation Period Applies to Application Filed Under Section 8 A&C Act(25.02.2020)

Delhi High Court has held that the provision for filing written statements under Section 8 of the Arbitration and Conciliation Act, 1996 (A&C Act) is .....

Tags : Delhi High Court, Limitation Period

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Calcutta HC: SC Order Extending Limitation Period to Apply to 30 Days for Filing Written Statement(04.01.2021)

Calcutta High Court has observed that the order of the Supreme Court dated 23rd March, 2020 extending limitation period would apply only to the first .....

Tags : Calcutta High Court, Extension of Limitation Period

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Supreme Court: All Parents to Pay 100% School Fees for Lockdown Period(12.02.2021)

Supreme Court has announced that parents will have to pay full fees to the schools of the schools during the pandemic period. This will be equal to th.....

Tags : Supreme Court, School Fees, Lockdown Period

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Supreme Court: All Parents to Pay 100% School Fees for Lockdown Period(12.02.2021)

Supreme Court has announced that parents will have to pay full fees to the schools during the pandemic period. This will be equal to the fees that sho.....

Tags : Supreme Court, School Fees, Lockdown Period

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SC: Period of Limitation to Commence from When Signed Copies Available to Parties(03.03.2021)

Supreme Court has held that the period of limitation for filing the Petition under Section 34 of the Arbitration and Conciliation Act, 1996 would comm.....

Tags : Supreme Court, Period of Limitation

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Bombay HC Allows Waiving of Cool-Off Period u/s 13B Hindu Marriage Act, 1955(02.11.2020)

Bombay High Court has allowed a Joint plea for waiving the Cooling-off period as specified under Section 13B of the Hindu Marriage Act, 1955 and asked.....

Tags : Bombay High Court, Coof-Off Period Under Section 13B

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Supreme Court Extends Limitation Period to File Cases Under All Laws Across Country(27.04.2021)

Supreme Court has relaxed the limitation period to file cases under all general and special laws across the country from 14th March, 2021 until furthe.....

Tags : Supreme Court, Extension of Limitation Period

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SC: No Justification for Charge of Compound Interest During Loan Moratorium Period(24.03.2021)

Supreme Court has observed that there is no justification for charging compound interest or penal interest during the period of loan moratorium which .....

Tags : Supreme Court, Loan Moratorium Period

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SC: Limitation Period for Filing 'Section 11' Application Governed by Article 137 Limitation Act(10.03.2021)

Supreme Court has stated that the period of limitation for filing an application under Section 11 of the Arbitration and Conciliation Act, 1996 would .....

Tags : Supreme Court, Limitation Period for Filing 'Section 11' Application

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P&H HC: Court Orders Not Required to Extend Period of Payment under OTS(28.12.2020)

Punjab and Haryana High Court has held that once the terms and conditions of the One Time Settlement (OTS) entered with the bank are violated by a bor.....

Tags : Punjab and Haryana High Court, Extension of Period of Payment

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Rajasthan High Court Extends Limitation Period/ Interim Orders During Lockdown Period(17.05.2021)

Rajasthan High Court has issued a circular stating that all Courts in the State shall continue to function completely through virtual mode. All inter.....

Tags : Rajasthan High Court, Extension of Limitation Period/Interim Orders

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Supreme Court to Recall Suo Motu Extension of Limitation Period With Effect From October 1(23.09.2021)

Supreme Court had said that it will recall the suo motu order of April 27, 2021, which had extended with effect from March 14, 2021 the limitation per.....

Tags : Supreme Court, Suo Motu Extension of Limitation Period

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DGFT Extends Export Obligation Period of Specified Advance and EPCG Authorisations(24.09.2021)

Director-General of Foreign Trade (DGFT) has notified the extension of the export obligation period of specified Advance and Export Promotion Capital .....

Tags : Director-General of Foreign Trade, Obligation Period of Specified Advance and EPCG Authorisations

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Madras HC Directs State to Conduct Periodical Inspections of Children's Homes(18.10.2021)

Madras High Court has directed the concerned State authorities to conduct periodical inspections of Children's Homes in order to regulate the living c.....

Tags : Madras High Court, Periodical Inspections of Children's Homes

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SC Affirms Delhi HC Decision on Maximum 45-Day Period for Filing of Replications(29.06.2021)

Supreme Court has affirmed a Delhi High Court decision holding that the maximum 45-day period for filing of replications is mandatory for even non-com.....

Tags : Supreme Court, Maximum 45-Day Period for Filing of Replications

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Madras HC Directs State to Conduct Periodical Inspections of Children's Home(19.10.2021)

Madras High Court has directed the concerned State authorities to conduct periodical inspections of Children's Homes in order to regulate the living c.....

Tags : Madras High Court, Periodical Inspections of Children's Home

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SC: Period for Filing of Written Statement Directory In Civil Suits; But Mandatory in Commercial Suit(20.10.2021)

Supreme Court has observed that the period of 90 days for filing of written statement under Order VIII Rule 1 of Code of Civil Procedure, 1908 in civi.....

Tags : Supreme Court, Period for Filing of Written Statement

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SC: 2 Year Prescribed Period for Lapse of Land Acquisition Proceedings Not to Apply to Award(11.11.2021)

Supreme Court has held that the 2 year period prescribed under the Land Acquisition Act 1894 for the lapse of land acquisition proceedings for not del.....

Tags : Supreme Court, Prescribed Period for Lapse of Land Acquisition Proceedings

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Supreme Court: Time Period Spent in Prosecuting SLP Would be Ground for Condonation of Delay(25.11.2021)

Supreme Court has observed that despite some delay on appellant's part, the time period spent in prosecuting a Special Leave Petition would be a good .....

Tags : Supreme Court, Time Period Spent in Prosecuting SLP

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SEBI Notifies Extension of Lock-in Period for Issues Opening April 01 as 90 Days(30.12.2021)

Securities and Exchange Board of India has notified that the existing lock in of 30 days shall continue for 50% of the portion allocated to anchor inv.....

Tags : Securities and Exchange Board of India, Extension of Lock-in Period

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Supreme Court Agrees To Revive Limitation Extension Orders In View Of Rising COVID Cases(10.01.2022)

Supreme Court has agreed to revive the suo motu orders extending the limitation period for filing cases in Courts and Tribunals in view of the rising .....

Tags : Supreme Court , Limitation Period, COVID

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Rajasthan HC Allows Joint Application Filed for Waiver of 6 Months Cooling Off Period(18.01.2022)

Rajasthan High Court has allowed a joint application filed by the petitioner-wife and the respondent-husband for waiver of six months cooling off peri.....

Tags : Rajasthan High Court, Cooling Off Period

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Gujarat HC Refuses to Waive Off Cooling Period for Couple Who Lived Together for 12 Days(27.01.2022)

Gujarat High Court has upheld an order of the family court refusing to waive off the statutory 6 months cooling period in a plea by a couple seeking a.....

Tags : Gujarat High Court, Cooling Period for Couple

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Calcutta HC: Vehicle Can't be Detained for Want of Second E-Way Bill When the First was Valid(24.05.2022)

Calcutta High Court bench has held that the GST department cannot detain vehicles in the absence of a second e-way bill as the first e-way bill was va.....

Tags : Calcutta High Court, GST, E-way Bill, Interception Period

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Delhi High Court Directs VAT Department to Allow Changes in Tax Period(11.03.2022)

Delhi High Court has directed the Value Added Tax (VAT) department to allow rectification of bonafide errors in the tax period of the challan.

Tags : Delhi High Court, Changes in Tax Period

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CESTAT, Ahmedabad: Extended Period of Limitation Not Invoked When No Suppression(16.03.2022)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Ahmedabad has ruled that the extended period of limitation was not invoked as there was n.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Extended Period of Limitation

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CESTAT, Delhi: Extended Period of Limitation Cannot be Invoked by Excise Department(21.03.2022)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT) Delhi has held that the extended period of limitation cannot be invoked by the excise depa.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, Extended Period of Limitation

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Delhi High Court Waives Off Cooling Period for Estranged Couple by Mutual Consent(24.03.2022)

Delhi High Court has waived the six-month cooling off period and has granted divorce to an estranged couple by mutual consent, observing that both the.....

Tags : Delhi High Court, Cooling Period for Estranged Couple

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ITAT, Kolkata: Limitation for Revisionary Jurisdiction Runs from Assessment Date Order(06.04.2022)

Income Tax Appellate Tribunal, Kolkata has observed that the limitation period for exercising revisionary jurisdiction runs from the date of assessmen.....

Tags : Income Tax Appellate Tribunal, Kolkata, limitation period, revisionary jurisdiction, assessment order, Section 263 of Income Tax Act, 1961

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Delhi HC: Time Spent in Mediation Would be Excluded from Limitation for Invoking Arbitration(13.04.2022)

Delhi High Court has ruled that when the agreement between the parties provides for compulsory mediation, the time spent in the mediation process shal.....

Tags : Delhi High Court, agreement, mediation, limitation period

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Telangana HC: Arbitral Award A Nullity If Passed Beyond Prescribed Period(15.04.2022)

Telangana High Court has held that the provisions of Section 29A of the Arbitration and Conciliation Act, 1996 (A&C Act) are cast in mandatory terms a.....

Tags : Telangana High Court, Arbitral Award, Nullity, Prescribed Period

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ITAT, Bangalore Allows Capital Gain Exemption Since Sale Deed was Registered Within Given Time(18.04.2022)

Income Tax Appellate Tribunal, Bangalore has observed that the date of completion of construction of new property is immaterial to allow exemption und.....

Tags : Income Tax Appellate Tribunal, section 54F, Income Tax Act, 1961, statutory period

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Orissa HC: Remand Date to be Excluded From Calculation of Statutory Period for Granting Default Bail(26.04.2022)

Orissa High Court has reiterated that while calculating the statutory period for granting default bail under Section 167(2) of the Code of Criminal Pr.....

Tags : Orissa High Court, statutory period, default bail, Section 167(2), Code of Criminal Procedure, 1973, res integra

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Orissa HC: Remand Date to be Excluded From Calculation of Statutory Period for Granting Default Bail(26.04.2022)

Orissa High Court has reiterated that while calculating the statutory period for granting default bail under Section 167(2) of the Code of Criminal Pr.....

Tags : Orissa High Court, statutory period, default bail, Section 167(2), Code of Criminal Procedure, 1973, res integra

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Orissa HC: Amendment to Cure Inherent Defect in EP After End of Limitation Period Can't be Allowed(05.09.2022)

Orissa High Court has held that an amendment application under Order 6, Rule 17 of the Code of Civil Procedure, 1908 cannot be allowed to cure some in.....

Tags : Orissa High Court, Election Period, Amendment, Limitation

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Kerala HC: With Proper Resolve Citizens Can be Spared of Unnecessary Inundation Every Year(05.08.2022)

Kerala High Court while issuing directions to authorities to clear up drainage system and canals to prevent inundation of city, has held that Cochin C.....

Tags : Kerala High Court, Drains, Periodical

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SC: Proceedings Should be Initiated Within Reasonable Period When No Period is Specified in Statute(25.08.2022)

Supreme Court while quashing notices issues in 2002 against banks to explain transactions of year 1992-1993, has held that the authorities are require.....

Tags : Supreme Court, Reasonable Period, Statute

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Gujarat HC: Voluntary Retirement Come in Force on Expiry of Notice Period if Not Expressly Denied(13.06.2022)

Gujarat High Court has held that if the appointing authority does not permit or refuse to grant the permission for retirement before the expiry of the.....

Tags : Gujarat High Court, Voluntary Retirement, Notice Period

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ITAT: Payment of Consultation Fee After IT Dept.’s Order Cannot be Treated as Prior Period Expenses(20.06.2022)

Income Tax Appellate Tribunal (ITAT), Mumbai Bench has held that payment of Tax Consultation Fee after passing of Order by Income Tax Department canno.....

Tags : ITAT, Tax Consultation Fees, Prior Period Expenses

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CESTAT: Extended Period of Limitation Can be Invoked Only on Willful Suppression to Evade ST(27.06.2022)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Allahabad Bench has held that an extended period of limitation can be invoked only on wil.....

Tags : CESTAT, Extended Period of Limitation, Service Tax

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Del. HC: Power to Award Interest Applies Only in Absence of An Arbitration Agreement(18.03.2023)

Delhi High Court has held that Arbitrator’s discretion while awarding interest in respect of the pre-reference period under Section 31 of Arbitration .....

Tags : Delhi High Court, Arbitration, Pre-Reference Period

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Del HC: Party Can’t Restrict Limitation Period Contrary to Limitation Act, for Invoking Arbitration(24.03.2023)

Delhi High Court has held that party cannot be permitted to restrict the period of limitation for invoking arbitration, in contravention to the limita.....

Tags : Delhi High Court, Limitation Period, Arbitration

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Kerala HC: State Can’t Deny Responsibility in Guise of Limitation Period(03.03.2023)

Kerala High Court while observing that when a citizen is engaged by Government to carry out activities, it had duty to reward person as per the contra.....

Tags : Kerala High Court, Limitation Period, Compensation

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Bombay HC Orders Release of Man Sentenced to Over 83 Years Imprisonment(20.07.2023)

Bombay High Court while observing that if a man is made to undergo imprisonment for an excessive period, it would lead to a travesty of justice, has o.....

Tags : Bombay High Court, Imprisonment, Excessive Period

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JKL HC: Court Can’t Extend Period for Filing Written Statement Beyond 120 Days(27.04.2023)

Jammu and Kashmir and Ladakh High Court has held that period of 120 days to file written statement under CPC is mandatory in nature so far as its appl.....

Tags : Jammu and Kashmir and Ladakh High Court, Written Statement, Mandatory Period

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SC: To Claim Exclusion of Period When Court Remain Closed, S.34 Appln. Must be Filed Within 90 Days(12.04.2023)

Supreme Court has observe that exclusion of period during which Court was closed from computation of limitation is available only when application und.....

Tags : Supreme Court, Arbitration, Prescribed Period, Limitation

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Gau HC: Can’t Condone Delay in Filing Petition U/S 34 A&C Act Beyond 120 Days(17.04.2023)

Gauhati High Court has held that Court cannot condone delay in the filing of the petition under Section 34 of the Arbitration & Conciliation Act beyon.....

Tags : Gauhati High Court, Period of Limitation, Condone Delay, Arbitration

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All. HC: Court Can’t Mechanically Reject Application for Waiving Off Cooling Period u/s 13B of HMA(22.09.2023)

Allahabad High Court has held that Family Court can’t reject the application for waiving off the cooling period for divorce prescribed under Section 1.....

Tags : Allahabad High Court, Cooling Period, Divorce

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SC: Can File Complaint Under Repealed FERA Provisions During Sunset Period After Enforcement of FEMA(25.09.2023)

Supreme Court has held that Officer appointed under repealed provisions of FERA has competence to file complaint for the offences punishable under the.....

Tags : Supreme Court, FERA, FEMA, Sunset Period, Complaint

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SC: Order Extending Limitation Period During Covid Apply to Period up to Which Delay Can be Condoned(05.10.2023)

Supreme Court has held that orders passed by the Supreme Court in 'In Re: Cognizance for Extension of Limitation', extending the period of limitation .....

Tags : Supreme Court, Limitation Period, Delay, Condone

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Ker. HC: Legal Advice After Expiry of Limitation Period Not a Ground to Condone Delay(05.10.2023)

Kerala High Court has held that subsequent legal advice cannot be accepted as a cause to condone the delay in instituting proceedings in terms of Sect.....

Tags : Kerala High Court, Limitation Period, Condone Delay

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SC: Maternity Benefit is Not Co-Terminus with the Employment Period(18.08.2023)

Supreme Court has held that Maternity Benefit Act, 1961 contemplates that the entitlement of medical benefit accrues by fulfillment of condition under.....

Tags : Supreme Court, Maternity Benefit, Employment Period

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All HC Waives Cooling Off Period for Divorce After Couples Enter into MoU Amicably(31.08.2023)

Allahabad High Court while waiving off cooling-off period for dissolution of marriage under Section 13B of Hindu Marriage Act, observed that after ent.....

Tags : Allahabad High Court, Divorce, Cooling Off Period, MoU

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SC: Limitation Period for Filing Appeal to NCLAT Doesn’t Include Date of Order/Pronouncement/Time(10.05.2023)

Supreme Court has held that the date of pronouncement of order and time taken by tribunal to provide certified copy of order must be excluded while co.....

Tags : Supreme Court, Limitation Period, NCLAT

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Del. HC: Initiation of S. 153C Assessment Proc. Falling Beyond Max. 10 Years Block Period, Quashed(05.04.2024)

Delhi High Court quashed the initiation of assessment proceedings under Section 153C of the Income Tax Act, 1961 which was falling beyond the ten-year.....

Tags : Delhi High Court, Assessment Proceedings, Section 153C of IT Act, Block Period

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Bombay High Court: Penalty of Reduction in Pay Scale Not to Extend Beyond Period of Employment(02.02.2024)

Bombay High Court has observed that the effect of reduction in pay scale of a state government servant, as a form of penalty, does not extend beyond t.....

Tags : Bombay High Court, Reduction in Pay Scale, Period of Employment

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SC: Amend Arbitration Act For Prescribing Limitation Period For Applications u/s 11 of the Act(04.03.2024)

Supreme Court has held that Parliament should take into consideration the amendment of the Arbitration and Conciliation Act, 1996 as there is no statu.....

Tags : Supreme Court, Section 11 of A&C Act, Limitation Period

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SC: Professor Entitled to Salary for Extended Period Worked After Superannuation(07.11.2023)

Supreme Court has held that Professor who retired mid-session but continued beyond the retirement age till the end of academic session is entitled for.....

Tags : Supreme Court, Retirement, Extended Period, Salary

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International Cases

To extend the tender validity period, the consent of all the participants to the tender process is required(03.06.2022)

In March 2020, the Appellant, the City of Ekurhuleni Metropolitan Municipality (the Municipality), published an invitation to tender under reference P.....

Tags : Tender, Validity period, Consent

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While calculating limitation period in a midnight deadline case, there is complete undivided day following the expiry of deadline which has to be included in the same(21.05.2021)

The Appellants are the present trustees of a Trust (the “Trust”). They replaced the Respondents. Further the Trust had a share in a company called Cat.....

Tags : Midnight deadline, Limitation period

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In matrimonial disputes, a spouse may have an obligation to make provision for the payment of other expenses; but an obligation to duplicate it in circumstances is most improbable(18.07.2018)

In facts of present case, Mr Mills (“the husband” notwithstanding his divorce from Mrs Mills, “the wife”, in 2002) appeals against an order for upwa.....

Tags : Periodical payments, Discretion, Obligation

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Top Story

Lok Sabha passes Press and Registration of Periodicals Bill(21.12.2023)

In a historic decision, the Lok Sabha passes the Press and Registration of Periodicals Bill, 2023, repealing the colonial era law of the Press and Reg.....

Tags : Registration, Periodicals Bill, Approval

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