12 August 2024

Search Results for Tag : Powers

International Cases

When law required a thing to be done in a particular manner, same must be done accordingly, and, if prescribed procedure was not followed, it was assumed that, it had not been legally done(14.03.2018)

In facts of present case, 'Complainant' filed a complaint with Commission for alleged violations of Section 10 of Competition Act, 2010/Act. Complaina.....

Tags : Enquiry, Initiation, Powers, Commission

To succeed in obtaining relief in terms of Section 163 of Companies Act, the applicant must prove to the court that the relevant conduct complained was of oppressive or unfairly prejudicial(28.02.2024)

Present litigation emanates from an acrimonious relationship between two directors and shareholders of a small private company. The applicant, who is .....

Tags : Powers, Director, Conduct

News

SC: High Courts Can Pass Interim Orders in Section 482 CrPC in Exceptional Cases(21.07.2021)

Supreme Court has observed that the High Courts can pass interim protection order in Section 482 of the Code of Criminal Procedure, 1973 petitions in .....

Tags : Supreme Court, Powers of High Court

Delhi HC: HC Must Respect Use of Discretionary Powers By Trial Court, Can’t Play Role Of Headmaster(09.08.2022)

Delhi High Court has held that high court is required, at all times, to respect the exercise of discretionary powers by the district judiciary and not.....

Tags : Delhi High Court, Discretionary Powers, Headmaster

SC: Powers of Review Cannot be Exercised as Inherent Power or Appellate Power(04.11.2020)

Supreme Court has observed that the powers of review under Section 114 read with Order 47 Rule 1 of the Code of Civil Procedure, 1908 cannot be exerci.....

Tags : Supreme Court, Powers of Review

SC: Inherent Power U/S 151 CPC Can be Invoked Only When Alternate Remedies Don’t Exist(24.08.2022)

Supreme Court has held that inherent power under Section 151 of the Code of Civil Procedure (CPC) can be invoked only in circumstances where alternate.....

Tags : Supreme Court, CPC, Inherent Powers, Alternate Remedy

Supreme Court: Inherent Powers Cannot be Invoked to Change Sentence Imposed by HC Itself(05.11.2019)

Supreme Court has observed that inherent power under Section 482 of Code of Criminal Procedure, 1973 cannot be used by the High Court to reopen or alt.....

Tags : Supreme Court, Inherent Powers

SC: Additional CMM is Not Subordinate to CMM in Exercise of Judicial Powers(28.07.2022)

Supreme Court has held that Additional Chief Metropolitan Magistrate (CMM) cannot be said to be subordinate to the Chief Metropolitan Magistrate in so.....

Tags : Supreme Court, Chief Metropolitan Magistrate, Powers, Subordinate

Bom. HC Quashes Rule 6(1) of the Consumer Protection Rules, 2020(23.10.2023)

Bombay High Court while quashing Rule 6(1) of the Consumer Protection Rules, 2020, has observed that rule was diluting the involvement of the judiciar.....

Tags : Bombay High Court, Consumer Protection Rules, Separation of Powers

Cal. HC: High Courts can Invoke Article 215 to Review its Own Orders(04.09.2023)

Calcutta High Court has held that being Courts of records, the High Courts are invested with inherent powers under Article 215 of Constitution to corr.....

Tags : Calcutta High Court, Inherent Powers, High Court, Review

SC: Constitutional Courts Cannot Expand Judicial Review Powers(08.01.2021)

Supreme Court has said that Constitutional Courts cannot expand their judicial review powers to become decision-making authorities.

Tags : Supreme Court, Judicial Review Powers

Kerala HC Determines Scope and Ambit of Powers of Release of Goods in Confiscation Proceedings(30.11.2021)

Kerala High Court has determined the scope and ambit of the powers of the release of goods while the confiscation proceedings are going on under the C.....

Tags : Kerala High Court, Powers of Release of Goods

Supreme Court: Any Direction Issued by RBI Derived from Statutory Power is Binding(05.01.2022)

Supreme Court has stated that Reserve Bank of India (RBI) has wide supervisory powers over financial institutions like SIDBI, in furtherance of which,.....

Tags : Supreme Court, Reserve Bank of India, Supervisory Powers

Kerala HC Dismisses PIL Challenging Content Regulation Powers of Central Government(12.03.2020)

Kerala High Court has dismissed a Public Interest Litigation (PIL) Petition challenging the constitutional validity of powers of Centre under the of C.....

Tags : Kerala High Court, Content Regulation Powers of Central Government

Lok Sabha Passes Bill to Enhance Powers of Delhi Lieutenant Governor(23.03.2021)

Lok Sabha has passed the Government of National Capital Territory of Delhi (Amendment) Bill, 2021 to enhance the powers of Lieutenant Governor of Delh.....

Tags : Lok Sabha, Powers of Delhi Lieutenant Governor

SC: Powers and Functions of Ministries Do Not Get Transferred to NDMA in National Disaster(24.03.2021)

Supreme Court has observed that the powers and functions of Ministries do not get transferred to the National Disaster Management Authority in the eve.....

Tags : Supreme Court, Powers and Functions of Ministries

NCLAT, Chennai: Suspended Board of Directors Do Not Have Powers to Appoint Resolution Professional(02.03.2022)

National Company Law Appellate Tribunal, Chennai has held that the suspended Board of Directors has no power under the Insolvency and Bankruptcy Code,.....

Tags : National Company Law Appellate Tribunal, Powers to Appoint Resolution Professional

Karnataka High Court: Judicial Powers Cannot be Exercised by Conciliators in Lok Adalats(29.03.2024)

Karnataka High Court has held that the conciliators have exercised the judicial powers while presiding over the Lok Adalat, hence the compromise and d.....

Tags : Karnataka High Court, Lok Adalats, Judicial Powers

Delhi HC Dismisses Challenge to Notification Conferring Powers of Special Courts(25.04.2022)

Delhi High Court has dismissed a plea challenging the notification conferring powers of Presiding Officer of the Designated Court and Special Court co.....

Tags : Delhi High Court, Powers of Special Courts

Bom. HC: Goa VAT (12th Amendment) Act Violates Doctrine of Separation of Powers(24.04.2023)

Bombay High Court while observing that Goa Value Added Tax (12th Amendment) Act, 2020, is an impermissible judicial override defying doctrine of separ.....

Tags : Bombay High Court, Goa Value Added Tax, Doctrine of Separation of Powers

SC: Power of Governor to Commute Sentence to Override Restrictions u/s 433-A CrPC(04.08.2021)

Supreme Court has observed that the power of Governor under Article 161 of the Constitution of India, 1949 to commute sentence or to pardon will overr.....

Tags : Supreme Court, Powers of Governor

Delhi HC: Extraordinary Power U/S 482 CrPC Can't Be Exercised At Disposal of Affluent Accused(16.05.2022)

Delhi High Court has observed that extraordinary powers of High Court under Section 482 of Code of Criminal Procedure are not meant to be exercise at .....

Tags : Delhi High Court, Extraordinary Powers, Affluent Accused, Administrative Machinery

Allahabad HC: Exercise of Discretionary Power Without Relevant Considerations Under Statute Invalid(08.04.2022)

Allahabad High Court has ruled that if an authority, conferred with discretionary powers by a statute, avoids or does not take into account relevant c.....

Tags : Allahabad High Court, discretionary powers, invalid

Meghalaya HC Orders Centre to Enforce AFSPA in Garo Hills(03.11.2015)

Meghalaya High Court has ordered Centre to enforce Armed Forces (Special Powers) Act, (AFSPA) 1958 in insurgency-ravaged districts of Garo Hills to co.....

Tags : Meghalaya High Court , Armed Forces (Special Powers) Act, (AFSPA) 1958

SC Strikes Down Law Allowing Kerala to Annul Arbitration Clause and Arbitration Awards(05.05.2022)

Supreme Court has struck down the Kerala Revocation of Arbitration Clauses and Reopening of Awards Act, 1998, saying it was “unconstitutional” as it v.....

Tags : Supreme Court , separation of powers, unconstitutional, arbitral awards, arbitration clause

Supreme Court: NCLAT Cannot Use its ‘Inherent Powers’ to Subvert Legal Provisions(25.10.2024)

SC has held that 'inherent powers' cannot be used to subvert legal provisions, which exhaustively provide for a procedure. To permit the NCLAT to circ.....

Tags : Supreme Court, Legal Provisions, Inherent Powers

Supreme Court: NCLAT Cannot Use its ‘Inherent Powers’ to Subvert Legal Provisions(25.10.2024)

SC has held that 'inherent powers' cannot be used to subvert legal provisions, which exhaustively provide for a procedure. To permit the NCLAT to circ.....

Tags : Supreme Court, Legal Provisions, Inherent Powers

Karnataka HC Asks BCI If It Has Powers to Relax Requirements of Moot Courts, Internships(17.07.2020)

Karnataka High Court has directed the Bar Council of India (BCI) to clarify if it has powers to relax rules and if it has been exercised to allow Law .....

Tags : Karnataka High Court, Powers to Relax Requirements of Moot Courts, Internships

Notifications & Circulars

Powers conferred by Section 405 of the Companies Act, 2013(22.01.2019)

S.O.368(E).--Whereas, the Central Government vide notification number S.O. 5622(E), dated the 2nd November, 2018 has directed that all companies, who .....

Tags : Powers, Provision, Confirmation

Union Cabinet approves enhanced delegation of financial powers under Capital Procurement to Deputy Chiefs and Command Chiefs of Armed Forces(17.02.2021)

The Union Cabinet today approved enhanced delegation of Financial Powers under Capital Procurement to levels below Vice-Chief of Armed Forces. As per .....

Tags : Delegation, Financial powers, Armed Forces

Circular under Section 10 of the Direct Tax Vivad se Vishwas Act, 2020(04.03.2021)

1. The Direct Tax Vivad se Vishwas Act, 2020 ("Vivad se Vishwas") was enacted on 17th March, 2020 with the objective of reducing pending income tax di.....

Tags : Circular, Designated authority, Powers

Powers under Part III of IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 not delegated to States(03.03.2021)

Ministry of Information and Broadcasting has today written a letter to Chief Secretaries of all States and Administrators of all Union Territories (UT.....

Tags : Media Ethics, Powers, Delegation

Central Government directs that the powers exercisable by the CBIT and Customs may be exercised by Principal Chief Commissioner or Chief Commissioner of Central Excise and Service Tax(20.07.2022)

In exercise of the powers conferred by section 37A of the Central Excise Act, 1944 (1 of 1944) read with section 83 of the Finance Act, 1994 (32 of 19.....

Tags : Powers, Direction

Central Government hereby delegates all powers exercisable by the Director in relation to inter-State trade and commerce to the Controller of Legal Metrology in the State of Bihar(16.12.2020)

In exercise of the powers conferred by sub-section (7) of section 13 of the Legal Metrology Act, 2009 (1 of 2010), the Central Government, with the co.....

Tags : Powers, Delegation, Inter-State trade

Delegation of powers by Central Government(04.01.2022)

In exercise of the powers conferred by sub-section (1) of section 458 of the Companies Act, 2013 (18 of 2013), the Central Government hereby delegates.....

Tags : Delegation, Powers, by Central Government

CCI to examine - Whether ITC availed or reduction in tax rate actually resulted in commensurate reduction in price of goods or services or both(23.11.2022)

1.In exercise of the powers conferred by sub-section (2) of section 171 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Gove.....

Tags : Powers, Competition Commission, Input tax credits

Direction by the President of India regarding the powers of the Appropriate Government under the Real Estate (Regulation and Development) Act, 2016(17.03.2020)

In pursuance of the powers conferred under clause (1) of Article 239 of the Constitution, the President hereby directs that the powers and functions o.....

Tags : Direction, Powers, Appropriate Government

Powers to be exercised by the Principal Chief Commissioner or Chief Commissioner of Customs for the purposes assigning the cases for adjudication of show cause notices issued(05.11.2018)

In exercise of powers conferred by clause (a) of section 152 of the Customs Act, 1962 (52 of 1962), the Central Government hereby directs that the pow.....

Tags : Cases, Adjudication, Powers

Extension of Powers of Commissioner of Income-tax, Centralized Processing Centre, Bengaluru, headquartered at Bengaluru, Karnataka(30.08.2016)

In continuation to Circular No. 19 of 2016 dated 25th May, 2016, Commissioner of Income-tax, Centralized Processing Centre, Bengaluru, headquartered a.....

Tags : Powers, Extension, Commissioner

Judgments

FIR can be quashed in case of non-compoundable offences, if Court is satisfied that facts and circumstances of case so warrant(20.10.2016)

Present petition filed by Petitioners, for quashing of FIR No.653/2013 dated 17th July, 2013, under Sections 498-A/406/34 Indian Penal Code, 1860 (IPC.....

Tags : FIR, Inherent powers, Quashing

Inherent power has to be exercised in accordance with guidelines en-grafted(02.11.2018)

The Accused of Regular Criminal Case pending on the file of Judicial Magistrate First Class, has approached for quashment of First Information Report .....

Tags : Inherent powers, Quashment, FIR

Power under Section 482 of the CrPC cannot be exercised for upsetting concurrent findings of two courts below in absence of any perversity(13.03.2020)

The Petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) with the prayers to allow the presen.....

Tags : Powers, Complaint, Quashing of

Guidelines cannot be read as mandatory Rules to be adhered to in all circumstances or to take away all discretionary powers of transfer from the competent authorities(21.07.2020)

Present petition has been filed by the Petitioner, who is employed as a Sub-Inspector in CISF, presently at NLC, Barsingsar, Bikaner, for issuance of .....

Tags : Discretionary powers, Transfer, Legality

When investigation is faulty or is alleged to be unfair, Court has power to order further investigation suo motu(10.08.2020)

The Petitioners are accused charge sheeted for offences punishable under Sections 188, 447, 506(i) read with Section 34 of Indian Penal Code, 1860 (IP.....

Tags : Investigation, Legitimate grievance, Powers

Court cannot allow Plaintiff to amend plaint under Order 7 Rule 11(D) of CPC(20.07.2021)

The Appellant is the Plaintiff in a suit instituted before the Civil Judge. The first Respondent filed an application for the rejection of the plaint .....

Tags : Plaint, Amendment, Powers

Civil or Commercial dispute are to be adjudicated and resolved by Arbitral Tribunal unless the jurisdiction of the Arbitral Tribunal is excluded either expressly or by necessary implication(02.08.2021)

By present petition, the Petitioners are seeking issuance of directions to the Respondent No. 1 to proceed with resolution of disputes raised by Petit.....

Tags : Arbitral Tribunal, Adjudication, Powers

An employee in a transferable job has no vested right to remain posted at one place(07.03.2022)

The present petition has been filed seeking setting aside of the order passed by the learned Central Administrative Tribunal, ('CAT') dismissing the p.....

Tags : Transfer order, Powers, Validity

Expression "District Magistrate" and the "Chief Metropolitan Magistrate" under Section 14 of the SARFAESI Act includes Additional District Magistrate and Additional Chief Metropolitan Magistrate(27.07.2022)

The borrower has preferred the present appeal against impugned judgment and order passed by the High Court, by which, the Division Bench of the High C.....

Tags : Powers, Inclusion, Jurisdiction

Suo motu power of revision could be exercised by the Revisional Authority, when an order made in proceeding is prejudicial to the interests of the State(01.02.2023)

Present appeal, by special leave registers a challenge to an order passed by the High Court dismissing Civil Writ Petition presented by the Appellant .....

Tags : Revisional Authority, Powers, Assessment orders

Power of Arbitral Tribunal to pass appropriate orders of interim measures is not eclipsed simply on account of any application being filed under Section 13 of Arbitration Act(14.08.2023)

Present application has been filed seeking setting aside of the order and restoration of appeal.It is submitted that during the pendency of the applic.....

Tags : Arbitral Tribunal, Powers, Interim Measures

Court should not interfere with an order of Settlement Commission, passed in exercise of its discretionary powers, unless order contravenes provisions of Act(25.09.2023)

Present appeal has been filed assailing the judgment passed by the High Court whereby the judgment of the learned Single Judge, remanding the matter t.....

Tags : Settlement Commission, Discretionary powers, Supreme Court

There must be a level of infirmity greater than ordinary in a Tribunal's order to justify interference of High Court under Articles 226 and 227 of Constitution(02.04.2024)

The present appeal arises out of the final judgment passed by High Court by which the High Court dismissed the appeal filed by the Appellant. The moot.....

Tags : Reference, Powers, High Court

MCD is empowered to remove any illegal and unauthorised construction even if it happens within the four corners of a house/flat(09.07.2024)

Present writ petition has been filed by the petitioner-cooperative society seeking a direction to the Respondent no.1/MCD to conduct a survey and insp.....

Tags : Statutory duty, Powers, MCD

Power under Section 482 is not available to the Court to countenance the breach of a statuary provision(22.04.2021)

The appeal is directed against order passed by the Hon'ble High Court. In the impugned order, the High Court has allowed an interlocutory application .....

Tags : Interim order, Powers, High Court

Setback to AAP Government as Delhi High Court ruled against it(04.08.2016)

High Court pronounced that, National Capital Territory continues to be a Union Territory and the Lieutenant Governor is its administrative head.....

Tags : Legislative powers, Executive power, Exercise, Delhi, Statehood

A judgment may be open to review if there is a mistake or an error apparent on the face of the record(06.08.2020)

Present Review Petition has been preferred by the original writ Petitioner seeking review of the order passed by present Court in writ petition which .....

Tags : Review, Jurisdiction, Powers

Powers of revision of Special Tribunal are wide and include the power to re-appreciate evidence and record its own findings(16.08.2017)

Present intra Court appeal is against the judgment of learned Single Judge whereby order of Jammu & Kashmir Tribunal has been quashed and the Appellan.....

Tags : Tribunal, Revision, Powers

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