29 April 2024

Search Results for Tag : Principle

International Cases

Where, there is challenge on totality grounds, severity of sentence imposed on individual count to be assessed in light of its contribution to total effective sentence(08.12.2016)

Appellant appeals against his conviction on the grounds that a miscarriage of justice occurred due to the appellant wrongly pleading guilty. Appellant.....

Tags : Conviction, Sentence, Totality principle

A hereditament is to be valued as it in fact existed at the material day(01.03.2017)

Appellants (“SJJM”) own the freehold of first floor of a three-storey office building built in the 1990s. In past, premises were occupied by tenants a.....

Tags : Property, Valuation, Reality principle

Notifications & Circulars

Guiding principles for bringing uniformity in benchmarks of Mutual Fund Schemes(27.10.2021)

1. In order to standardize and bring uniformity in the Benchmarks of Mutual Fund Schemes and taking into account the recommendations of Mutual Fund Ad.....

Tags : Principles, Uniformity, Mutual Fund Schemes

Draft to determine company’s ‘Place of Effective Management’(23.12.2015)

The Ministry of Finance has released draft guidelines proposing principles to determine the ‘place of effective management’ of a company, for the purp.....

Tags : Income tax, company, effect management, draft, principles

News

Bombay HC: "No Work No Pay" Principle Cannot be Made Applicable in Extraordinary Circumstances(15.05.2020)

Bombay High Court has held that the principle of 'No Work No Pay' cannot be made applicable in such extraordinary circumstances prevailing in the coun.....

Tags : Bombay High Court, "No Work No Pay" Principle

Bombay HC: "No Work No Pay" Principle Cannot be Made Applicable in Extraordinary Circumstances(15.05.2020)

Bombay High Court has held that the principle of 'No Work No Pay' cannot be made applicable in such extraordinary circumstances prevailing in the coun.....

Tags : Bombay High Court, "No Work No Pay" Principle

Madras HC: Adjudication is Conclusive to Incidental/Connected Subject Matter of Litigation(31.03.2022)

Madras High Court has held that the principle of res judicata prevents the parties to a judicial determination from litigating the same question again.....

Tags : Madras High Court, principle of res judicata, judicial determination

P&H HC: Plea of Violation of Principles of Natural Justice Not Maintainable Without Grounds(04.04.2022)

Punjab and Haryana High Court has observed that the plea seeking to violate the principles of natural justice is unacceptable by the courts unless, it.....

Tags : Punjab and Haryana High Court, principles of natural justice

Telangana HC: Principles of Natural Justice to be Read Into Master Circular Issued by RBI(31.12.2020)

Telangana High Court has held that the principles of natural justice have to be read into the Master Circular issued by the Reserve Bank of India on t.....

Tags : Telangana High Court, RBI Master Circular, Principles of Natural Justice

Principles of Natural Justice to be Followed Before Branding a Company a Shell Company: Gauhati HC(19.04.2019)

Gauhati High Court has held that an order branding any company as a shell company, without serving notice or hearing, violates principles of natural j.....

Tags : Gauhati High Court, Shell Company, Principles of Natural Justice

Gujarat High Court: Principle of Mutuality applies to Club run by a Company(27.06.2017)

Gujarat High Court, while deleting addition in respect of life membership and entrance fees received by assessee-Company, has held that principle of m.....

Tags : Gujarat High Court, Principle of Mutuality

Legal Principles Governing Suspension of Conviction Can't be Applied to Suspend Sentence: SC(30.04.2019)

Supreme Court has set aside a High Court judgment which applied principles governing suspension of conviction to reject a plea seeking suspension of e.....

Tags : Supreme Court, Legal Principles Governing Suspension

Manipur HC: Principle of Non Refoulement Can Prima Facie Be Read into Article 21(22.04.2021)

Manipur High Court has observed that the principle of non Refoulement can prima facie be read within the ambit of Article 21 of the Constitution of In.....

Tags : Manipur High Court, Principle of Non-Refoulement

SC: Principle of Mutuality not Applicable to Income from Deposits in Member Banks(21.08.2023)

Supreme Court has held that if any income is earned by the Clubs through deposits made by clubs in banks that are members of the club, such income wou.....

Tags : Supreme Court, Principle of Mutuality, Clubs, Banks

SC: Mere Over-ruling of Principles by Subsequent Judgment Will Not Dilute Binding Effect(18.08.2021)

Supreme Court has observed that mere over-ruling of the principles by a subsequent judgment will not dilute the binding effect of the decision on inte.....

Tags : Supreme Court, Over-ruling of Principles by Subsequent Judgment

Chhattisgarh HC: When Fundamental Rules Provide for Full Pay, ‘No Work No Pay’ Principle Won’t Apply(27.08.2021)

Chhattisgarh High Court has held that when the Fundamental Rules expressly provide for the grant of full pay and allowances on the exoneration of a Go.....

Tags : Chhattisgarh High Court, ‘No Work No Pay’ Principle

Judgments

Non-consideration of reply filed by the assessee amounts to violation of the principles of natural justice(17.06.2021)

The Appellant, a dealer of printers, peripherals and its parts has approached present Court challenging Exhibit P4 order of assessment issued by the S.....

Tags : Assessment, Natural Justice, Principles

Before making any order under Section 338 DMC Act, the Commissioner shall give reasonable opportunity to the person affected(20.07.2021)

Petitioner impugns order whereby the respondent Corporation has revoked the sanctioned building plan under Section 338 of the Delhi Municipal Corporat.....

Tags : Principles, Natural justice, Breach

Vicarious liability as a principle cannot be applied to a case of contempt(26.10.2021)

The present appeal has been filed against the order of the High Court finding the Appellants guilty of willful disobedience of the order passed in Wri.....

Tags : Vicarious Liability, Principle, Contempt

DRT is also a civil court and its order would operate as res judicata(11.07.2022)

Present civil revision under Section 115 of the Code of Civil Procedure, 1908 ("CPC") has been filed by the applicants challenging the order passed by.....

Tags : Principles, Res judicata, DRT

Insurance contract must be read as a whole and every attempt should be made to harmonise the terms thereof(08.02.2023)

The non-application of the general strict liability principle, in case of an insurance policy, is sought to be questioned, where an expanded meaning h.....

Tags : Policy, Principle, Applicability

Kar. HC: Pay and Recover Principle to be Applied in Cases Where Driving License of Driver Not Found(23.01.2024)

Karnataka HC has held that in cases where valid driving license of the driver involved in accident is not found then the Claims Tribunal has to apply .....

Tags : Karnataka High Court, Driving License, Pay and Recover Principle

Principles of Condonation of Delay Explained by Supreme Court(10.04.2024)

SC has laid down certain principles of condonation of delay which include that merits of the case are not required to be considered in condoning the d.....

Tags : Supreme Court, Condonation of Delay, Principles

Ker. HC: Assessment Order Quashed on Finding that Assessee Not Provided Effective Hearing(16.04.2024)

Ker. HC quashed an assessment order passed under the Income Tax Act, 1961, and held that since the assessee was not able to log in through link for vi.....

Tags : Kerala High Court, Assessment Order, Income Tax Act, 1961, Principles of Natural Justice

Reasons behind any decision are necessary to be assigned by the administrative authorities(27.04.2023)

The present petition has been filed under Article 226 of the Constitution of India, 1950 against the impugned Memorandum dated 10th March, 2023 passed.....

Tags : Principles, Natural justice, Admission

Sufficient medical evidence should be available before the adjudicating authority for applying the principles of Res Ipsa Locutor(17.10.2023)

The present appeal is directed against the order passed by the National Consumer Disputes Redressal Commissionwhereby the complaint filed by the Appel.....

Tags : Principles, Res Ipsa Locutor, Applicability

When language of statute is plain and unambiguous, it should be given effect to irrespective of its consequences(05.12.2023)

The singular point raised by learned counsel for the Petitioners is that, the decision making process adopted by the Respondents is contrary to the pr.....

Tags : Principles, Natural justice, Statutory mandate

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