26 September 2022


Search Results for Tag : Proceedings

Judgments

A special law shall prevail over the general and prior laws(14.12.2016)

Present Appellant filed an application before trial court to drop the proceedings against him. Trial court partly allowed application and dropped proc.....

Tags : Charge, Provisions, Proceedings, Validity

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Designated officer dealing externment proceedings has to record opinion that, witnesses not willing to give evidence in public(02.02.2017)

Instant Petition filed for quashing and setting aside of impugned orders passed by Ld. Divisional Commissioner, Aurangabad and Sub Divisional Officer,.....

Tags : Proceedings, Externment, Validity

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Conviction under Section 306 of Indian Penal Code, 1860 can be sustained only on positive act on part of accused to instigate or aid in committing suicide(06.03.2017)

In facts of present case, Applicant submits that, even reading of suicide note as it is, it does not disclose any grudge and grievance against presen.....

Tags : Mens rea, Proceedings, Validity

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For attracting the provisions of offence punishable Section 7 of Essential Commodities Act,1955/Act the order under Section 3 of Act is essential.(08.03.2017)

By way of filing these applications, Applicants have prayed to quash and set aside respective first information reports, registered against them for .....

Tags : FIR, Proceedings, Quashing

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A charge-sheet or show cause notice, issued in course of disciplinary proceedings, cannot ordinarily be quashed by Court(13.02.2017)

Applicant has assailed memorandum of charges and order whereby Respondents have not considered grant of medical leave from 21st March, 2014 to 10th Ap.....

Tags : Charge, Proceedings, Delay

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

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

Tags : Proceedings, Demand, Maintainability

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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

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

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

Tags : Proceedings, Appeal, Maintainability

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Departmental inquiry can continue despite acquittal of delinquent in a criminal case(18.08.2018)

The present writ petition has been filed for quashing the order issued by the District & Sessions Judge, whereby and whereunder, the Petitioner has be.....

Tags : Disciplinary proceedings, Inquiry, Legality

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Relatives of husband should not be roped in on basis of omnibus allegations unless specific instances of their involvement in crime are made out(21.08.2018)

In instant case, Respondent No. 2 submitted a complaint to the Police Station, Cyberabad, alleging harassment by her husband and his family members in.....

Tags : FIR, Proceedings, Quashing

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Top Story

Supreme Court allows Live streaming of Court proceedings(26.09.2018)

In a landmark verdict, Supreme Court declared case proceedings of “constitutional importance having an impact on the public at large would be live str.....

Tags : Proceedings, Live-streaming, Public interest

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Act of issuance of process is a serious business; a trial cannot be based on vague and incomplete allegations in complaint(26.09.2018)

Present application has been filed for invoking inherent powers of present Court, by the original accused No. 2 in order to challenge order of issue o.....

Tags : Complaint, Proceedings, Validity

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Accused is entitled to get discharge, if there is no material on record to attract ingredients of offences alleged(29.10.2018)

The Petitioner herein has filed Petition under Section 227 of Code of Criminal Procedure, 1973 (CrPC) praying to discharge him from case pending on th.....

Tags : Proceedings, Discharge, Grant

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High Court had power to prevent abuse and quash confronted proceeding, if any attempt is made to abuse the authority(29.10.2018)

The present petition has been filed to set aside the order convicting Petitioner under Section 376, 323 of Indian Penal Code, 1860 (IPC), and the orde.....

Tags : Proceedings, Quashing of, Jurisdiction

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Case of demand of dowry must co-relate with marriage or pre-marriage stage and not every demand after marriage will come within purview of dowry(06.12.2018)

Present application under Section 482 of Code of Criminal Procedure, 1973 (CrPC) has been filed to quash the proceeding of case under Sections 498A, 3.....

Tags : Dowry demand, Proceedings, Quashing of

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If dismissal of complaint was not on merit, but on default of complainant, moving Magistrate again with a second complaint on same facts is maintainable(14.12.2018)

Present appeal is against the final judgment passed by the High Court allowing Criminal Original Petition filed under Section 482 Code of Criminal Pro.....

Tags : Proceedings, Quashing of, Validity

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Mere fact of taking of cognizance in no way can be said to be "commencement of proceeding"(18.02.2019)

The Petitioner has moved the Court under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) for quashing the order passed by learned Sub-divis.....

Tags : Cognizance, Proceedings, Quashing of

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Mere fact that, complaint relates to a commercial transaction or breach of contract for which a civil remedy is available is not by itself a ground to quash criminal proceedings(11.01.2019)

Criminal Miscellaneous application is for quashing the order rejecting the petition filed for discharge of the Petitioner. The allegation against the .....

Tags : Commercial transaction, Breach, Proceedings, Quashing

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For summoning an Accused under Section 319 of Cr. PC, it requires much stronger evidence than mere probability of his complicity(27.02.2019)

Present appeals arise out of the order passed by the High Court by which the High Court has affirmed the order of the trial court summoning the Appell.....

Tags : Summon, Proceedings, Validity

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Once Investigating Officer submitted final report on conclusion of investigation, High Court was not justified in interfering with criminal proceedings(22.01.2019)

In instant matter, the Appellant herein-original Complainant filed a Criminal Complaint against the private Respondents herein-the original Accused be.....

Tags : Proceedings, Quashing of, Validity

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Order whereby cognizance of offence has been taken by the Magistrate should not be interfered with, unless it is perverse or based on no material(07.03.2019)

Present application under Section 482 of Code of Criminal Procedure, 1973 (CrPC) has been filed by the Applicant with the request to quash the summoni.....

Tags : Cognizance, Proceedings, Final report

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Remedy available under Consumer Protection Act does not debar criminal action(14.03.2019)

Present petition has been preferred under Section 482 of Code of Criminal Procedure, 1973 (CrPC) for quashment of impugned order whereby the applicati.....

Tags : Proceedings, Cognizance, Quashing of

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For wrongdoing of a Company, its officers may be responsible, but not to extent that all employees of a Company would be criminally liable(28.03.2019)

The Petitioner has moved the Court under Section 482 of the Code of Criminal Procedure, 1973 (CrPC). For quashing of the order of cognizance passed by.....

Tags : Proceedings, Quashing of, Validity

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At stage of framing charges, Court would only be required to consider existence of a prima facie case(28.03.2019)

Present Petition has been filed under Section 482 of Code of Criminal Procedure, 1973 (CrPC) praying for setting aside the order by means of which, th.....

Tags : Charge, Proceedings, Validity

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

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

Tags : Proceedings, Quashment, Civil dispute

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Persons who were in charge of and responsible for conduct of business of company at time of commission of offence are only liable for criminal action(06.06.2019)

The Petitioner is a employee of SIDBI Venture Capital Limited, which appointed the Petitioner as a nominee Director of the Avni Energy Solutions Priva.....

Tags : Proceedings, Quashing of

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Vague and general allegations not enough to incriminate remote relatives of husband(04.06.2019)

The Applicants preferred present application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking relief to quash and set aside th.....

Tags : FIR, Proceedings, Quashing of

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

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

Tags : Departmental proceedings, Time limit, Applicability

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A second or successive FIR filed in connection with same or connected cognizable offence committed in course of same transaction is not maintainable(18.06.2019)

In facts of present case, the Respondent No. 2 had lodged an F.I.R. on 15th December, 2016 based on which, case was registered under Section 498(A) of.....

Tags : Second FIR, Proceedings, Quashing of

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No Court could take cognizance of offence under Section 186 of IPC except on a complaint of a proper officer made under Section 195 of CrPC(01.07.2019)

Petitioner impugns order, whereby, charges have been framed against the Petitioners under Sections 186, 353 and 307 of Indian Penal Code, 1860 (IPC) r.....

Tags : Cognizance, Proceedings, Validity

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Cognizance can be taken only on a complaint made by Appropriate Authority concerned(16.07.2019)

Present appeal arises out of judgment passed by the High Court by which the High Court has quashed the summoning order issued against the Respondents .....

Tags : Cognizance, Proceedings, Quashing of

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If basic ingredients of offence alleged are altogether absent, it is open to High Court to quash criminal proceedings(31.07.2019)

Present appeal is against a judgment passed by the High Court dismissing Criminal Petition filed by the Appellant under Section 482 of the Code of Cri.....

Tags : Proceedings, Quashing of, Jurisdiction

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Powers to summon any witness can be invoked at any stage of inquiry or trial, if such evidence appears to the Court to be essential(09.08.2019)

The present criminal revision petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) for quashing of order passed by learn.....

Tags : Witness, Summon, Proceedings, Quashing of

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Interim stay granted in respect of one pocket of land would operate even with respect to other pockets of land(04.09.2019)

The State of Maharashtra have preferred the present appeals against impugned judgments passed by the High Court, by which the High Court has quashed t.....

Tags : Award, Declaration, Proceedings, Quashing of

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High Court has inherent power to quash criminal proceedings even in non-compoundable cases, where parties have settled matter between themselves(05.09.2019)

By way of instant petition filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC), a prayer has been made on behalf of the Petitioners.....

Tags : Settlement, Proceedings, Quashing of

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FIR as well as criminal proceedings can be quashed to prevent abuse of process of any Court, even in not compoundable cases, where parties have settled the matter(04.10.2019)

Present petition has been preferred under Section 482 of Code of Criminal Procedure, 1973 (CrPC) for quashing of FIR registered under Sections 354(D) .....

Tags : FIR, Proceedings, Quashing of

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In order to initiate contempt proceedings, it has to be established that disobedience of order was 'wilful'(11.10.2019)

Present is a case in which contempt of court proceedings are sought to be initiated against the Respondent, who is a Judicial Officer, on the ground t.....

Tags : Contempt, Proceedings, Initiation

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Punishment which is grossly in excess to allegations remains open for interference under scope of judicial review(21.10.2019)

In present case, departmental proceedings initiated against Appellant for which he was served a memorandum under Rule 14 of Central Civil Services (cl.....

Tags : Disciplinary proceedings, Removal, Legality

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Mere fact of arbitration clause in agreement cannot prevent criminal prosecution against accused, if an act constituting a criminal offence is prima facie made out(17.01.2020)

In facts of present case, the complainant is a company conducting chitty business. Mr. M.L. George was the subscriber of four chitties conducted by th.....

Tags : Cheque bounce, Proceedings, Quashing of

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Progress of the criminal law, once legitimately set in motion, should not be halted by judicial diktat, save in exceptional circumstances(06.05.2020)

Present writ petition, preferred under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) read with Article 226 of the Constitution of India, .....

Tags : Proceedings, Quashing of, Entitlement

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Government suspends IBC qua fresh bankruptcy proceedings amid covid pandemic(05.06.2020)

In an unprecedented move, the Government of India has suspended fresh proceedings under Sections 7, 9 and 10 of the Insolvency and Bankruptcy Code, 20.....

Tags : Fresh proceedings, Suspension, IBC

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When product has the necessary barcode on it containing all the relevant information, there is no violation of Regulations(04.09.2020)

In present matter, the Appellant questions his prosecution under Rule 32(e) of the Prevention of Food Adulteration Rules, 1955 framed under the Preven.....

Tags : Barcode, Proceedings, Quashing of

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Revision proceedings shall lie if the assessment order is erroneous and prejudicial to the interests of revenue(09.10.2020)

The assessee has filed present appeal challenging the revision order passed by Learned Principal Commissioner of Income Tax, New Delhi under Section 2.....

Tags : Assessment, Revision proceedings, Legality

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Power to arrest a person by a customs officer is statutory in character and cannot be interfered with(14.09.2020)

Present is a petition filed under Section 482 of Code of Criminal Procedure, 193 (CrPC). The Petitioner is the 3rd accused for allegedly committing an.....

Tags : Smuggling, Proceedings, Quashing of

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International Cases

Council’s disciplinary functions are not limited to instances relating to criminal conviction; it is the Council’s duty to act against conduct that is improper, unethical(15.01.2021)

In present matter, on 25 November 2014, the Respondent, Dr. David Grieve, appeared before the professional conduct committee (the committee) of the fi.....

Tags : Council, Jurisdiction, Disciplinary proceedings

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If the disciplinary authority accepts the findings recorded by the Enquiry Officer and passes an order, no detailed reasons are required to be recorded in the order imposing punishment(08.02.2021)

Issue in present case is relating to confirmation of the order of compulsory retirement in disciplinary proceedings initiated against the Appellant. L.....

Tags : Disciplinary proceedings, Punishment, Legality

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Investigation and arrest under Immoral Traffic (Prevention) Act, 1956 has to be conducted by Special Police Officer authorized in that behalf(27.11.2020)

Petition has been filed under Section 482 of Code of Criminal Procedure, 1973 (CrPC) to quash all further proceedings against the Petitioner/first acc.....

Tags : Jurisdiction, Proceedings, Quashing of

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No interference is warranted invoking writ jurisdiction of present Court, when a statutory remedy of appeal is available(15.03.2021)

The Petitioner has filed present writ petition under Article 226 of the Constitution of India, 1950 seeking a writ of certiorari to quash proceedings .....

Tags : Proceedings, Alternative remedy, Availability

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A statement recorded under Section 67 of the NDPS Act cannot be used as a confessional statement in the trial of an offence under the NDPS Act(18.03.2021)

Petitioner has been accused of having committed offences under Sections 22(C), 23(C) & 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDP.....

Tags : Proceedings, Bail, Entitlement

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Notifications & Circulars

E-Committee of Supreme Court releases draft model rules for live-streaming and recording of court proceedings(07.06.2021)

The e-Committee, Supreme Court of India has released the Draft Model Rules for Live-Streaming and Recording of Court Proceedings and has invited input.....

Tags : Model rules, Live-streaming, Court proceedings

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In absence of any evidence of coercion or undue influence the statements recorded during the survey are admissible evidence(17.05.2021)

Facts of the case are that a survey action under Section 133A of the Income Tax Act, 1961 (IT Act) was conducted at the business premises of the asses.....

Tags : Assessment, Survey proceedings, Evidence

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Courts should refrain from appreciating the evidence, while considering the bail application(23.08.2021)

The Petitioner has filed the present bail application seeking bail in a case arising out of FIR registered for commission of offences punishable under.....

Tags : Bail, Proceedings, Entitlement

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NCLT does not have any residuary jurisdiction to entertain contractual dispute(23.11.2021)

Present appeal arises from a judgment of the National Company Law Appellate Tribunal. The NCLAT upheld the interim order of the National Company Law T.....

Tags : Contractual dispute, Proceedings, Jurisdiction

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Set off of opposing costs orders is not affected by Qualified One-way Costs Shifting ("QOCS"), essentially because set-off is not a type of enforcement(06.10.2021)

Present appeal relates to the construction and effect of a procedural rule in relation to the costs of legal proceedings that applies to all personal .....

Tags : Cost, Legal proceedings, Applicability

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Offence under Section 307 of IPC is a crime against the society and so proceedings under the same cannot be quashed only on the ground of compromise(20.09.2021)

The present petition was filed under Section 482 of code of Criminal Procedure, 1973 (Cr.P.C) for quashing FIR registered for offences under Sections .....

Tags : Crime of serious nature, Quashing of proceedings, Compromise

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Claims raised by an obstructer including questions relating to right, title or interest in the property has to be adjudicated upon by the Executing Court(06.12.2021)

The BDA has preferred the present appeals feeling aggrieved and dissatisfied with the impugned judgment passed by the High Court, by which the High Co.....

Tags : Execution proceedings, obstructer, Adjudication

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Court has the power to interfere with the valuer’s decision in review proceedings(09.12.2021)

The primary issue before the SCA is when parties agree to refer a matter to an expert valuer, whether the valuer is legally permitted to unilaterally .....

Tags : Valuation, Alteration, Proceedings

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Scope of judicial review cannot be extended to the examination of correctness or reasonableness of a decision of authority(18.02.2022)

The instant appeal is directed against the judgment passed by the Division Bench of the High Court affirming the order of the learned Single Judge pur.....

Tags : Proceedings, Punishment, Deletion

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Special Court trying offences under I.B. Code shall be "deemed to be Court of Sessions"(14.02.2022)

Present petition under Article 227 of the Constitution of India, 1950 read with Section 482 of the Criminal Procedure Code, 1973 assails the order, "I.....

Tags : Proceedings, Jurisdiction, Legality

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High Court should not exercise its jurisdiction under Section 482 of CrPC to quash the charges of rape on ground that parties have entered into a compromise(05.04.2022)

The present petition has been filed by the Petitioner under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Pro.....

Tags : FIR, Proceedings, Quashing of

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Disciplinary proceeding initiated prior to the retirement of a bank employee would continue even after his retirement(28.03.2022)

In facts of present case, the Petitioner who was lastly working as Senior Branch Manager with the Respondent-Bank, has retired on 31 May 2013 on attai.....

Tags : Retirement, Disciplinary Proceedings, Bank Employee

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Court, in exercise of its jurisdiction under Section 482 of CrPC cannot go into the allegations made in the complaint or delve into the disputed question of facts(13.04.2022)

The present petition under Section 482 of Code of Criminal Procedure, 1973 (CrPC) has been filed by the Petitioner for quashing the Criminal Complaint.....

Tags : Complaint, Proceedings, Quashing of

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To make out a case against a person for the offence under Section 420 of IPC, there must be a dishonest inducement to deceive a person to deliver any property to any other person(10.05.2022)

The original writ petitioners before the High Court have preferred the present appeal against impugned judgment and order passed by the High Court by .....

Tags : Proceedings, FIR, Quashing

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Equal chance should be given to the parties to contest the litigation before the Court(27.05.2022)

The precise grievance of the Appellant (Corporate Debtor) is that, they had filed their Reply on 12th August, 2021 within the time provided by the Tri.....

Tags : Ex-parte proceedings, Reply, Filing of

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Question of title must be decided by civil court only(02.06.2022)

Present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) for quashing the Notice dated 8th September, 2021, is.....

Tags : Notice, Proceedings, Legality

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Writ jurisdiction is a discretionary remedy which should be sparingly exercised(24.08.2022)

In facts of present case, the Petitioner approached this Court seeking issuance of a writ of certiorari for quashing the Charge Memorandum dated 13th .....

Tags : Charge Memorandum, Proceedings, Quashing of

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Without specific allegations in the complaint reflecting the role of the accused, the persons named cannot be summoned in case under Section 138 of NI Act(08.08.2022)

The Respondents had filed the complaints under Section 138 read with Section 141 of the Negotiable Instrument Act, 1985 (N.I. Act) against Pantel Tech.....

Tags : Complaint, Proceedings, Quashing of

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No mini trial can be conducted by the High Court in exercise of powers under Section 482 of CrPC(11.07.2022)

In present matter, State of U.P. as well as the original informant have preferred the present appeals dissatisfied with the impugned judgment passed b.....

Tags : Mini trial, Proceedings, Quashing of

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FIR cannot be quashed at the early stage when even a draft charge-sheet has not been submitted to the Magistrate(22.08.2022)

The present petition has been filed by the Petitioner seeking quashing of FIR registered under Sections 376, 377, 323 and 34 of the Indian Penal Code,.....

Tags : FIR, Proceedings, Quashing of

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For quashing of complaint, it must be shown that no offence is made out against the Director or Partner(16.09.2022)

Present appeal is at the instance of the original complainant of a complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (“the NI .....

Tags : Proceedings, Quashing of, Legality

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News

ITAT, Delhi: Income Tax Notice, Revisionary Proceedings Against Dead Person is Void(07.03.2022)

Income Tax Appellate Tribunal (ITAT), Delhi has held that the notice issued against a dead person is null and void and all consequent proceedings or o.....

Tags : Income Tax Appellate Tribunal, Revisionary Proceedings Against Dead Person

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Madras HC Refuses To Quash Notice For Attachment And Sale Of Immovable Property(05.05.2022)

Madras High Court has dismissed a plea seeking to quash the notice for the attachment and sale of immovable property by observing that the assessee is.....

Tags : GST Proceedings, Assessee, Immovable Property

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Court may terminate an order made by Tribunal only if it considers that order was wrong(08.09.2016)

Claimant is a trainee doctor who, at a hearing held in private before Interim Orders Tribunal ("IOT") of Medical Practitioners' Tribunal Service ("MPT.....

Tags : Criminal Proceedings, Interim suspension, Public confidence

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SC Issues Notice in Clubbing and Transferring of Criminal Proceedings Against Creators of ‘Tandav’(28.01.2021)

Supreme Court has issued notices on a plea filed by the Director, Producer, Writer and Actor of the web series Tandav seeking for clubbing and transfe.....

Tags : Supreme Court, Criminal Proceedings Against Creators of ‘Tandav’

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Jammu and Kashmir HC approves suo moto accountability(01.02.2016)

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

Tags : Accountability commission, suo moto, proceedings

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Calcutta HC Refuses to Initiate Suo Moto Proceedings Against Advocate General(18.01.2022)

Calcutta High Court has declined a plea to initiate suo moto proceedings against Advocate General S.N Mookherjee for purportedly misleading the Court .....

Tags : Calcutta High Court, Suo Moto Proceedings Against Advocate General

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Court rejects spouse’s conditional cooperation in matrimonial dispute(05.05.2016)

Parties to a matrimonial case cannot stall the legal system by refusing to participate in the proceeding on the precondition that another proceeding b.....

Tags : matrimonial dispute, parallel proceedings, delay

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NCLAT: Penalty Can Only be Under IBC Code and Not Companies Act Before Adjudicating Authority(22.02.2022)

National Company Appellate Law Tribunal has held that when proceedings before the Adjudicating Authority are being carried out under the Insolvency an.....

Tags : National Company Appellate Law Tribunal, Proceedings Before Adjudicating Authority

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Jharkhand HC: Pending Litigations Can't be Sole Ground to Quash Criminal Proceedings U/S 482 CrPC(09.05.2022)

Jharkhand High Court has ruled that simply because there is a case and a counter case between the parties or merely because there has been a title sui.....

Tags : Jharkhand High Court, criminal proceedings

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Calcutta HC Directs Proceedings Against Recovery Officer for Rejecting Claim of Jute Mill Worker(16.11.2021)

Calcutta High Court has come down heavily on the Certificate Officer, an officer in the District Magistrate's Office, Howrah for denying the claim for.....

Tags : Calcutta High Court, Proceedings Against Recovery Officer

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Supreme Court: Can BCI’s Disciplinary Panel Members Analyse Documents In Unfamiliar Language?(23.03.2017)

Supreme Court, while setting aside a disciplinary proceedings against a lawyer, has asked ‘how Disciplinary Committee consisting of members, who were .....

Tags : Supreme Court, disciplinary proceedings, Bar Council of India

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Power to punish for contempt vested in a Court of Record does not extend to punishing for contempt of superior Court(02.01.2017)

In present appeals, Appellants called in question the correctness of an order passed by a Division Bench of High Court of Delhi whereby Appellants hav.....

Tags : Proceedings, Suo-motu, Contempt, Jurisdiction

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Supreme Court: Confiscation Proceedings Independent of Main Criminal Case(15.05.2017)

Supreme Court has clarified that confiscatory proceedings are independent of main criminal proceedings, and it is meant to provide a deterrent mechani.....

Tags : Supreme Court, Confiscation Proceedings

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Orissa High Court Releases Rules for Live Streaming of Court Proceedings(29.07.2021)

Orissa High Court has released a notification stipulating that it would begin live streaming of proceedings soon and thereby published the High Court .....

Tags : Orissa High Court, Rules for Live Streaming of Court Proceedings

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Patna HC: Disciplinary Authority Can’t Rely on Documents Furnished in Parallel Criminal Proceedings(22.08.2022)

Patna High Court has held that a disciplinary authority cannot rely on extraneous documents, such as those furnished during parallel criminal proceedi.....

Tags : Patna High Court, Disciplinary Authority, Parallel Criminal Proceedings

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SC: Executing Court must Dispose of Execution Proceedings Within 6 Months from Filing Date(28.04.2021)

Supreme Court has observed that an Executing Court must dispose of the Execution Proceedings within six months from the date of filing, which may be e.....

Tags : Supreme Court, Execution Proceedings

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Executive Directors are authorized to extend validity of waiting lists of candidates for further period of one year(13.11.2017)

The Petitioner, working as Junior Engineer with Respondent No. 1-the Maharashtra State Electricity Distribution Limited ("the MSEDCL") has approached .....

Tags : Disciplinary proceedings, Pendency, Selection

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Delhi HC: Search, Re-Assessment Proceedings in Name of a Non-Existent Entity is Invalid(04.08.2017)

Delhi High Court has held that search warrant and notice for re-assessment proceedings issued u/s 148 of Income Tax Act, 1961 is invalid if the same w.....

Tags : Delhi High Court, Search, Re-Assessment Proceedings

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Karnataka HC Dismisses Plea Challenging Antrix's Winding Up Proceedings Against Devas with Cost(03.05.2021)

Karnataka High Court has dismissed a petition which sought to quash proceedings initiated by ISRO-arm Antrix Corporation before National Company Law T.....

Tags : Karnataka High Court, Antrix's Winding Up Proceedings

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Once any act or omission has been found to have been committed by a public servant in discharge of his duty then, it must be given liberal and wide construction(26.09.2017)

The Petitioner have filed applications challenging the impugned order passed by Sub-divisional Judicial Magistrate, taking cognizance of offences unde.....

Tags : Proceedings, Sanction, Legality

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Mere storage cannot be construed as an attempt to commit an offence under Section 328 of IPC(13.09.2019)

The Petitioners, who are arraigned as accused in FIR registered for the offences punishable under Sections 179, 188, 273 and 328 of the Indian Penal C.....

Tags : FIR, Proceedings, Quashing of

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SC: Proceedings Against Corporate Debtor Would End Once Resolution Plan is Approved(01.02.2021)

Supreme Court has clarified that proceedings against a corporate debtor over money-laundering charges would end once a resolution plan is approved, bu.....

Tags : Supreme Court, Proceedings Against Corporate Debtor

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Supreme Court Extends Stay on Criminal Proceedings Against Azim Premji & Wife(06.10.2021)

Supreme Court has extended the interim order of stay on the criminal proceedings before the court of an Additional City Civil and Sessions Court, Beng.....

Tags : Supreme Court, Criminal Proceedings Against Azim Premji

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SC: Any Creditor Can Seek Transfer of Winding Up Proceedings in HC To NCLT(20.11.2020)

Supreme Court has held that any creditor of a company can seek transfer of winding up proceeding pending before a High Court to a National Company Law.....

Tags : Supreme Court, Transfer of Winding Up Proceedings

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Madhya Pradesh High Court Decides to Provide Weblink to Access Live Court Proceedings(17.06.2021)

Madhya Pradesh High Court has decided that it will start providing the web links on its website so that the same could be accessed and court proceedin.....

Tags : Madhya Pradesh High Court, Weblink to Access Live Court Proceedings

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No automatic termination of recovery proceedings against members is contemplated on termination of liquidation proceedings(20.08.2019)

The question involved in the present matter is whether under the provisions of Section 109 of the Maharashtra Co-operative Societies Act, 1960 on expi.....

Tags : Liquidation, Liability, Proceedings, Members

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Karnataka High Court Drops Contempt Proceedings After Davanagere Bar Association Apologizes(12.08.2021)

Karnataka High Court has dropped the suo motu criminal contempt petition filed against officer bearers of the District Bar Association at Davanagere. .....

Tags : Karnataka High Court, Contempt Proceedings After Davanagere Bar Association

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Merely because the Petitioner had not raised an objection or participated in proceedings would not validate any orders passed without jurisdiction by the Tribunal(16.08.2022)

Petitioner - The National Institute of Technology, Tripura, impugns judgment passed by the Central Administrative Tribunal. Learned counsel for the Pe.....

Tags : Jurisdiction, Objection, Proceedings

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An ‘error of judgment’ by doctor does not make him guilty of criminal negligence under section 304-a of IPC(06.04.2017)

Appellant herein is a doctor and has challenged order passed by High Court of Judicature of Bombay, whereby Petition filed by Appellant under Section .....

Tags : Negligence, Proceedings, Quashing

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Madras High Court: No Proposal Initiated to Live Stream Court Proceedings(09.06.2021)

Madras High Court has stated that it has not taken steps to implement the Supreme Court's directions regarding the live-streaming of court proceedings.....

Tags : Madras High Court, Live Streaming of Court Proceedings

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Bombay HC Stays Proceedings Against Nawab Malik In Complaint Filed Under SC/ST Act(20.12.2021)

Bombay High Court has stayed the notice issued to Maharashtra's NCP leader Nawab Malik on an atrocities complaint filed by NCB officer Sameer Wankhede.....

Tags : Bombay High Court, Proceedings Against Nawab Malik

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Kerala HC: Criminal Proceedings Cannot be Initiated Against Public Servant for Passing Wrong Order(11.06.2021)

Kerala High Court has ruled that criminal proceedings cannot be initiated against a public servant under the Prevention of Corruption Act, 1988 merely.....

Tags : Kerala High Court, Criminal Proceedings Against Public Servant

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Gujarat HC Denies Relief to Essar Steel Against RBI’s Order to Initiate Insolvency Proceedings(18.07.2017)

Gujarat High Court has dismissed Essar Steel’s Petition against Reserve Bank of India’s directive to Banks for initiating insolvency proceedings again.....

Tags : Gujarat High Court, Insolvency Proceedings

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Delhi High Court Orders Stay on DRT Proceedings Against Yes Bank Over Dish TV shares(27.12.2021)

Delhi High Court has ordered a stay on proceedings against Yes Bank by the Debt Recovery Tribunal, Jaipur (DRT) in a petition filed by Essel Group aff.....

Tags : Delhi High Court, DRT Proceedings Against Yes Bank Over Dish TV shares

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Supreme Court: Speedy Recovery Proceedings Is the Need of the Day(19.04.2017)

SC, while upholding Rule 5 of MP Micro & Small Enterprises Facilitation Council Rules, 2006, which provides for recovery of amount for which award is .....

Tags : Supreme Court, Speedy Recovery Proceedings

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NCLT: Promoters Cannot Escape Liquidation of Personal Assets(19.07.2017)

National Company Law Tribunal has held that personal properties of Promoters given as security to Banks can be proceeded against, in spite of initiati.....

Tags : National Company Law Tribunal, insolvency proceedings

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Madras HC Quashes Criminal Proceedings Against Agitated Law Students(29.12.2021)

Madras High Court has quashed criminal proceedings against certain agitated laws students who had gathered outside their college since they were denie.....

Tags : Madras High Court, Proceedings Against Agitated Law Students

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Penalty Proceedings can’t be Initiated Without a Specific Charge: ITAT(19.04.2019)

Income Tax Appellate Tribunal (ITAT), Indore bench has ruled that no penalty proceedings can be initiated on a suspected defaulter assessee without sp.....

Tags : ITAT, Penalty Proceedings, Specific Charge

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Madras HC Quashes Criminal Proceedings Against Advocate for Indulging in CAA Protests(16.03.2021)

Madras High Court has quashed the criminal proceedings initiated against an advocate for indulging in protests against the Citizenship Amendment Act, .....

Tags : Madras High Court, Criminal Proceedings Against Advocate

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An employee, in discharge of his duties, is required to exercise higher standard of honesty and integrity(11.09.2017)

Present appeal is against the final judgment passed by the High Court whereby the Division Bench of the High Court allowed the appeal filed by the Lif.....

Tags : Departmental proceedings, Dismissal, Validity

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ITAT, Kolkata Quashes Re-Assessment Proceedings Against Price Waterhouse & Co.(13.02.2020)

Income Tax Appellate Tribunal (ITAT), Kolkata has quashed the re-assessment proceedings against Price Waterhouse & Co. and held that to reopen the ass.....

Tags : Income Tax Appellate Tribunal, Re-Assessment Proceedings Against Price Waterhouse & Co.

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SERVICE - No Disciplinary Proceedings Against Employee for 'Illicit Sexual Relationship': Rajasthan HC(18.03.2019)

Rajasthan High Court has held that government shall not initiate departmental proceedings against a government servant on basis of a complaint allegin.....

Tags : Rajasthan High Court, Illicit Sexual Relationship, Departmental proceedings

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Arbitrator has power to recall his earlier order of termination of proceedings if sufficient cause is shown by claimant(30.12.2017)

By present petition, the Petitioners have prayed for condonation of delay, in filing petition and prays that, the Procedural Order Sheets passed by th.....

Tags : Arbitral proceedings, Termination, Validity

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Any creditor of a company can seek transfer of winding up proceeding pending before a High Court to a National Company Law Tribunal(19.11.2020)

A financial creditor has come up with present appeal on being aggrieved by an order passed by the Company Court (High Court of Allahabad), refusing to.....

Tags : Pending proceedings, Transfer, NCLT

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J&K&L HC: Can’t Deny Promotion Merely Because Criminal Proceedings Are Pending Against Employee(22.08.2022)

Jammu and Kashmir and Ladakh High Court has held that promotion can’t be withheld merely because some criminal proceedings are pending against employe.....

Tags : Jammu and Kashmir and Ladakh High Court, Promotion, Criminal Proceedings

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IBBI Amends Regulations Related to Corporate Insolvency Proceedings(19.11.2020)

Insolvency and Bankruptcy Board of India (IBBI) amended Regulations relating to corporate insolvency proceedings which came to be known as the Insolve.....

Tags : Insolvency and Bankruptcy Board of India, Regulations Related to Corporate Insolvency Proceedings

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Gauhati HC Put Hold on Assembly Proceedings in Arunachal Pradesh(18.12.2015)

Gauhati High Court has put on hold assembly proceedings in Arunachal Pradesh till February 2, providing relief to Congress Government which was voted .....

Tags : Gauhati High Court, Arunachal Pradesh proceedings

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Delhi HC Refuses to Stay Defamation Proceedings Against MP Mahua Moitra(06.11.2020)

Delhi High Court has refused to stay the defamation proceedings pending before the Rouse Avenue Court pertaining to the criminal defamation case filed.....

Tags : Delhi High Court, Defamation Proceedings, Mahua Moitra

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Madras HC Decides to Conduct Proceedings Only Through Virtual Mode(16.04.2021)

Madras High Court has decided that it shall conduct its proceedings only through virtual mode to the extent possible. It clarified that government law.....

Tags : Madras High Court, Virtual Proceedings

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Adjudicatory proceedings before Tribunal will not be affected by the provisions in the Companies Act(07.09.2017)

In present matters, execution applications have been filed and are pending. Matters are against S. Tel Pvt. Ltd. which is facing liquidation proceedin.....

Tags : Execution proceedings, Jurisdiction

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If cheque amount with assessed cost and interest has been paid, proceedings can be closed even in absence of complainant(01.01.2019)

The complainant/Respondent No. 1 instituted a complaint under Section 138 of the Negotiable Instruments Act, 1881 ('Act') against the Petitioner on th.....

Tags : Proceedings, Cheque, Dishonour, Compounding thereof

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Kerala HC: Criminal Proceedings Can Be Quashed At Post-Conviction Stage(29.04.2021)

Kerala High Court has held that criminal proceedings involving non-compoundable offence can be quashed at post-conviction stage invoking the power und.....

Tags : Kerala High Court, Criminal Proceedings

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Sufficiency of the material cannot be called into question(27.09.2017)

The Petitioner has invoked the writ jurisdiction of present Court under Article 226 of the Constitution of India and under Section 482 of the Code of .....

Tags : Externment, Proceedings, Validity

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Delhi HC Calls for Report from Principal District Judge in Relation to Sentencing Proceedings(04.03.2022)

Delhi High Court has called for a report from the Principal District Judge (headquarters) in relation to the sentencing proceedings of Former Delhi Hi.....

Tags : Delhi High Court, Sentencing Proceedings

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NCLT, Mumbai Orders to Restore E-way Bill Facility for Taxpayers Undergoing Insolvency Proceedings(26.02.2020)

National Company Law Tribunal (NCLT), Mumbai has ordered to restore the e-way bill facility for taxpayers undergoing insolvency proceedings.

Tags : National Company Law Tribunal, E-way Bill Facility for Taxpayers Undergoing Insolvency Proceedings

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SC: Truth is a Valid Defence in Contempt Proceedings Only If It is Bonafide and in Public Interest(01.09.2020)

Supreme Court has observed that, for considering the truth as valid defence in Contempt proceedings, there is a twin requirement which needs to be sat.....

Tags : Supreme Court, Defence in Contempt Proceedings

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Insolvency Proceedings can be Closed on Basis of Settlement Prior to Formation of CoC: NCLAT(15.02.2019)

National Company Law Appellate Tribunal has asked the Kolkata Bench of National Company Law Tribunal to close an insolvency proceeding by accepting th.....

Tags : NCLAT, Insolvency Proceedings

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Delhi HC: Extradition Proceedings Cannot be Processed Till Finality of Criminal Proceedings(12.04.2021)

Delhi High Court has held that the surrender of an accused under extradition proceedings cannot be processed until there is finality or conclusion wit.....

Tags : Delhi High Court, Extradition Proceedings

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Gujarat HC Quashes Criminal Proceedings Against Hardik Patel for Taking Out Public Rally(06.12.2021)

Gujarat High Court has quashed the complaint and the charge sheet against Congress leader Hardik Patel in connection with a rally which he took out in.....

Tags : Gujarat High Court, Criminal Proceedings Against Hardik Patel

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Calcutta HC: 'Persons Interested' Include Those Who Have Stake in Compensation Proceedings(02.03.2020)

Calcutta High Court has held that 'persons interested' in land acquisition proceedings include, not only persons who have an interest in the acquisiti.....

Tags : Calcutta High Court, Compensation Proceedings

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Delhi HC Directs Courts to Proceed with Adequate Proceedings in Absence of Party(18.11.2020)

Delhi High Court has directed that all subordinate Courts may now proceed with adequate proceedings in the absence of a party or advocate depending on.....

Tags : Delhi High Court, Proceedings in Absence of Party

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Delhi HC: Order Terminating Arbitration Proceedings Not an Award(15.01.2021)

Delhi High Court has ruled that an order terminating arbitration proceedings under Section 32(2)(c) of the Arbitration & Conciliation Act, 1996 is not.....

Tags : Delhi High Court, Order Terminating Arbitration Proceedings

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Supreme Court Favours Live-streaming of Court Proceedings(09.07.2018)

Supreme Court has favoured live-streaming of court proceedings.

Tags : Supreme Court, Court Proceedings

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Delhi HC Directs Contempt Proceedings Against Police Officer for Filing Misleading Status Reports(08.10.2018)

Delhi High Court has directed initiation of contempt proceedings against a senior police officer for filing misleading and incorrect information in a .....

Tags : Delhi High Court, Contempt Proceedings

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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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AP HC: Executing Court Cannot Appoint Advocate Commissioner in Execution Proceedings(09.02.2022)

Andhra Pradesh High Court has ruled that the Executing Court cannot appoint Advocate Commissioner in execution proceedings after the trial court has a.....

Tags : Andhra Pradesh High Court, Execution Proceedings

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Delhi HC: Arbitral Award Cannot be Sustainable Merely Because of Participation of Parties(31.03.2022)

Delhi High Court has held that the participation of any party is insufficient to infuse life to arbitral proceedings if the award is void ab initio on.....

Tags : Delhi High Court, arbitral proceedings, arbitrator, arbitral award

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Rajasthan HC Directs DGP to Initiate Proceedings Against IO in Rape Case of Minor(17.09.2020)

Rajasthan High Court directed the Director General of Police to take departmental action and initiate departmental proceedings for major penalty again.....

Tags : Rajasthan High Court, Proceedings Against IO in Rape Case

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SC: Non-Participation in Arbitral Proceedings Results in Waiver of Right to Object Jurisdiction(30.04.2020)

Supreme Court has held that non-participation in Arbitral proceedings by a party and failure to raise objections before the Arbitrator would preclude .....

Tags : Supreme Court, Non-Participation in Arbitral Proceedings

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Delhi HC: Participation in Arbitral Proceedings Does Not Waiver Right to Challenge Appointment(18.02.2022)

Delhi High Court has terminated the mandate of a sole arbitrator appointed unilaterally at the instance of one of the contracting parties. The Court h.....

Tags : Delhi High Court, Participation in Arbitral Proceedings

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Karnataka HC: No Obligation to Furnish Documents to Public Servant on Search and Seizure Proceedings(08.12.2021)

Karnataka High Court has said that once search and seizure proceedings are undertaken by officials of the Income Tax Department under authorisation, t.....

Tags : Karnataka High Court, Search and Seizure Proceedings

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Delhi HC: Suit Can Be Rejected Without Trial Where Proceedings Are Time Barred(06.04.2022)

Delhi High Court has ruled that where the plaintiff’s pleading discloses that a suit is barred by time, there is no fetter on the trial Court to rejec.....

Tags : Delhi High Court, Pleadings Disclose Proceedings, Time Barred

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Deposit of compensation amount in government treasury is not equivalent to compensation paid to landowners/persons interested(20.12.2016)

Instant Petition by Petitioners claiming to be legal heirs of owner of land situated at Talavali village, Taluka and District Thane within municipal l.....

Tags : Acquisition, Compensation, Proceedings, Lapse

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SC: Real-Time Reporting of Court Room Proceedings in Social Media Not Cause for Apprehension(07.05.2021)

Supreme Court has held that real-time reporting of Court room proceedings in social media is not a cause of apprehension but a virtual extension of th.....

Tags : Supreme Court, Real-Time Reporting of Court Room Proceedings

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There must be a voluntary and intentional relinquishment of a right and voluntary choice is essence of waiver(27.08.2019)

The instant appeal is directed against the final judgment passed by the High Court whereby the High Court while dismissing the Arbitration Petition he.....

Tags : Award, Arbitral proceedings, Termination

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Rajasthan HC: Convenience Of Wife Is To Be Preferred Over The Convenience Of Husband(04.10.2021)

Rajasthan HC while allowing the transfer application filed by wife in a Divorce case observed that in such matters, courts are required to give more w.....

Tags : Rajasthan HC, Divorce, Proceedings, Transfer of Case

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Sole Arbitrator, who was appointed by designation, can continue the arbitration proceedings even after his retirement and can pass the award(20.09.2021)

A contract was entered into between the parties regarding the earthwork vide agreement dated 06.02.1988. During the contract work, various disputes an.....

Tags : Sole Arbitrator, Retirement, Continuation of Proceedings

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At stage of cognizance and summoning, merits of the case cannot be tested and it is impermissible for the Court to enter into the factual arena to adjudge the correctness of the allegations(21.09.2020)

Present application has been filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) to quash the Charge Sheet in Case Crime registered.....

Tags : Cognizance, Proceedings, Quashing of

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Supreme Court Issues Notice to Madras HC, Stays Disciplinary Proceedings Against Labour Judge(04.03.2021)

Supreme Court has issued notice in plea filed by a Labour Court Judge against disciplinary proceedings against him ordered by the Madras High Court. T.....

Tags : Supreme Court, Disciplinary Proceedings

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ITAT, Delhi: Entire Reassessment Proceedings Invalid if Assessee Precluded from Raising Objections(22.03.2021)

Income Tax Appellate Tribunal (ITAT), Delhi has ruled that the entire reassessment proceedings invalid, if assessee precluded from raising objection a.....

Tags : Income Tax Appellate Tribunal, Reassessment Proceedings

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Calcutta HC Initiates Departmental Proceedings Against IO for Conducting Biased Investigation(12.07.2021)

Calcutta High Court has reprimanded the concerned Investigating Officer for conducting a 'biased, wholly misdirected and fully tainted' investigation .....

Tags : Calcutta High Court, Departmental Proceedings Against IO

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No Need for Shareholder Nod for Insolvency Resolution Plan: Govt(26.10.2017)

Government has said insolvency resolution plans, such as sale and transfer of assets, do not require approval from shareholders or the company as the .....

Tags : Insolvency Proceedings

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Exoneration in Departmental Proceedings Won't Lead to Dropping of Criminal Charges: Patna HC(04.02.2019)

Patna High Court has reiterated that exoneration in departmental proceedings ipso facto would not result into quashing of criminal prosecution against.....

Tags : Madras High Court, Departmental Proceedings, Dropping of Criminal Charges

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SC Sets Aside Contempt Proceedings Initiated by Allahabad High Court against Outlook Journalists(08.07.2016)

Supreme Court has set aside the Allahabad High Court's suo motu contempt proceedings against Outlook journalists who had covered the Ghaziabad Provide.....

Tags : Supreme Court, suo motu contempt proceedings, Allahabad High Court

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Gujarat HC: ICAI Not Empowered to Conduct Disciplinary Proceedings Without Written Allegations(17.03.2020)

Gujarat High Court has held that the Institute of Chartered Accountant of India (ICAI) is not empowered to conduct any disciplinary proceedings withou.....

Tags : Gujarat High Court, Disciplinary Proceedings, ICAI

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J&K&L HC: Extreme Injustice to Parties if Despite Settlement, Criminal Proceedings Allowed to Continu(21.03.2022)

Jammu and Kashmir and Ladakh High Court has observed that it would amount to extreme injustice if despite settlement having been arrived at by the par.....

Tags : Jammu and Kashmir and Ladakh High Court, Criminal Proceedings, Settlement

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Kerala HC Asks State to File Report in Proceedings on Excess Land of MLA(09.12.2021)

Kerala High Court has asked the State government to file a report on the status of the proceedings initiated to implement the order of the State Land .....

Tags : Kerala High Court, Report in Proceedings on Excess Land of MLA

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SC: Absence of Arbitration Agreement Make Article 137 of Limitation Act Inapplicable to Arbitration(07.04.2022)

Supreme Court has observed that Article 137 of the Limitation Act, 1963 would be inapplicable in arbitration proceedings commenced under Bihar Public .....

Tags : Supreme Court, Article 137 of the Limitation Act, 1963, Bihar Public Works Contracts Disputes Arbitration Tribunal, arbitration proceedings

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Officer dealing externment proceedings against person has to record his opinion that witnesses not willing to give evidence in public against that person(19.12.2016)

In order to fulfill mandate of Section 56 (1) (b) of Maharashtra Police Act, designated officer dealing externment proceedings has to record his opini.....

Tags : Proceedings, Externment, Validity

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Meghalaya HC: Petition u/s 482 CrPC Challenging Domestic Violence Act Proceedings Maintainable(10.03.2021)

Meghalaya High Court has held that petition under Section 482 of the Code of Criminal Procedure, 1973 before it challenging Domestic Violence Act, 200.....

Tags : Meghalaya High Court, Domestic Violence Act Proceedings

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Supreme Court Clarifies Objective of Suo Moto Proceedings Taken Up on COVID Issues(27.04.2021)

Supreme Court has clarified that the objective of suo moto proceedings taken up by it on COVID issues is not to supplant the High Courts or to take ov.....

Tags : Supreme Court, Suo Moto Proceedings on COVID Issues

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Gujarat HC Releases Gujarat High Court (Live Streaming of Court Proceedings) Rules, 2021(19.07.2021)

Gujarat High Court has released the Gujarat High Court (Live Streaming of Court Proceedings) Rules, 2021. The rules provide that the live streaming of.....

Tags : Gujarat High Court, Gujarat High Court (Live Streaming of Court Proceedings) Rules, 2021

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Once Session judge has found that order of authority is not accordance with law, then that order cannot be quashed(28.10.2017)

In the instant petition, the Petitioner has assailed the validity of the order passed by Additional Sessions Judge, whereby the order passed by Petiti.....

Tags : Proceedings, Legality, Supervisory jurisdiction

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SC Upholds Provisions Allowing Lenders to Pursue Insolvency Proceedings Against Promoter Guarantors(21.05.2021)

Supreme Court has upheld provisions of the Insolvency and Bankruptcy Code, 2016 (IBC) allowing lenders to pursue insolvency proceedings against promot.....

Tags : Supreme Court, Insolvency Proceedings Against Promoter Guarantors

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SC: Claims Raised by Obstructer in Execution Proceedings to be Adjudicated by Executing Court(07.12.2021)

Supreme Court has held that claims raised by an obstructer including questions relating to right, title or interest in the property in execution proce.....

Tags : Supreme Court, Execution Proceedings to be Adjudicated by Executing Court

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Delhi HC: Rules of Arbitral Institution Do Not Determine Place of Arbitration(06.04.2022)

Delhi High Court has observed that the arbitral institution’s rules would not determine the place of the arbitration and only the Courts at the place .....

Tags : Delhi High Court, arbitration, arbitration proceedings, appointment of an arbitrator

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Delhi HC Adjourns Sine Dine Pleas Challenging Demonetisation Notification(22.12.2016)

Delhi High Court has adjourned indefinitely hearing on pleas challenging Government’s demonetisation move after it was informed that Supreme Court has.....

Tags : Delhi HC, Demonetisation, Supreme Court, proceedings

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Preventive detention is an exception to the general rule and it has to be resorted to only in exceptional circumstances(31.12.2020)

Through the medium of instant petition, the Petitioner has challenged the order of detention passed by Respondent No.2 ('Detaining Authority'), whereb.....

Tags : Detention, Proceedings, Legality

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Delhi HC: Quashing Disciplinary Proceedings On Procedures Does Not Exonerate Employee(06.02.2017)

Delhi High Court has ruled that if disciplinary proceedings against an employee are set aside on account of violation of procedure and not on merits, .....

Tags : Delhi High Court, Disciplinary Proceedings

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Karnataka High Court Notifies Rules on Live Streaming and Recording of Court Proceedings(03.01.2022)

Karnataka High Court has notified the Karnataka Rules on Live Streaming and Recording of Court Proceedings, 2021, which will come into force from Janu.....

Tags : Karnataka High Court, Karnataka Rules on Live Streaming and Recording of Court Proceedings, 2021

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Gujarat HC Declines Plea to Restrain Recovery Measures(23.03.2020)

Gujarat High Court has dismissed a Petition, seeking that all banks and financial institutions be directed not to initiate any auction/recovery procee.....

Tags : Gujarat High Court, Recovery Proceedings

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High Court can invoke its powers under Section 482 of CrPC, if non-application of mind is revealed and no offence is made out(07.01.2020)

Present petition has been filed by original accused, challenging the order of issuance of process against him for the offence punishable under Section.....

Tags : Proceedings, Issuance, Legality

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Telangana HC: Person Whose Land Title Disputed Can't Seek Withdrawal of Land Acquisition(20.04.2022)

Telangana High Court has ruled that a person, whose title is in dispute, cannot invoke the provisions of Section 48 of the Land Acquisition Act, 1894 .....

Tags : Telangana High Court, Section 48 of the Land Acquisition Act, 1894, land acquisition proceedings

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State has no business to expropriate property, if an award made and necessary steps to complete acquisition have not been taken for a period of five years or more(09.09.2016)

In instant case, a Notification under Section 4 of Land Acquisition Act, 1894, was issued on 24th October, 1961, stating that public purpose for acqui.....

Tags : Compensation, Acquisition, Proceedings, Lapsed

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Delhi HC Dismisses Tax Appeals Against Moser Baer in View of Liquidation Proceedings(12.04.2022)

Delhi High Court has dismissed the appeals against Moser Baer, filed by the income tax department in the light of the liquidation proceedings pending .....

Tags : Delhi High Court, Moser Baer, Liquidation Proceedings, income tax department, National Company Law Tribunal

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Kerala High Court Quashes Criminal Proceedings Against Ex-MLA(13.11.2020)

Kerala High Court has quashed criminal proceedings against former MLA Dominic Presentation observing that leading peaceful and non-violent procession .....

Tags : Himachal Pradesh High Court, Minor's Kerala High Court, Criminal Proceedings Against Ex-MLA

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Insolvency Proceedings can be Withdrawn After Invitation Of Resolution Plans Under Regulation 36A: SC(30.01.2019)

Supreme Court has permitted withdrawal of Corporate Insolvency Resolution Process(CIRP) even after Resolution Professional issued invitation for expre.....

Tags : Supreme Court, Insolvency Proceedings, Invitation Of Resolution Plans

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Mere breach of contract cannot give rise to criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at beginning of transaction(31.05.2018)

Present application under Section 482 of Code of Criminal Procedure, 1973 (CrPC) has been filed for quashing the summoning order passed by Additional .....

Tags : Misappropriation, Proceedings, Quashing of

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Employer has a right to withhold the gratuity during the pendency of the disciplinary proceedings(27.05.2020)

In the facts of present case, Respondent ¬employee was in service and posted as Chief General Manager. He was served with the charge-sheet. There was .....

Tags : Gratuity, Pendency, Disciplinary proceedings

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Madras HC: Disciplinary Proceeding in Case of Perfunctory Investigation Should be Initiated(13.11.2020)

Madras High Court has held that disciplinary proceedings should be initiated against investigating officers in case of 'perfunctory investigation'. Th.....

Tags : Madras High Court, Disciplinary Proceedings

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Karnataka HC Disposes Off Recovery Proceedings Against Transport Corporation Employees(15.09.2021)

Karnataka High Court has disposed off a petition seeking to recover the revenue loss from Unions and Employees of the Bangalore Metropolitan Transport.....

Tags : Karnataka High Court, Recovery Proceedings Against Transport Corporation Employees

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Insolvency Proceedings: New form Allows Homebuyers to Seek Claims From Firms(21.08.2017)

Government has introduced a new form under insolvency law to enable a person who has to receive a payment from an insolvent company to seek the claim......

Tags : Insolvency Proceedings

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Supreme Court: High Court have Power to Dispense with Disciplinary Proceedings by Recording Reasons(11.11.2019)

Supreme Court has noted that the High Courts have power to dispense with the disciplinary proceedings by invoking clause (b) of the second proviso to .....

Tags : Supreme Court, Disciplinary Proceedings

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SC: HC Not Appellate Authority While Exercising Writ Jurisdiction in Disciplinary Proceedings(26.11.2020)

Supreme Court has observed that while exercising writ jurisdiction with respect to disciplinary proceedings, the High Court must not act as an appella.....

Tags : Supreme Court, High Court, Disciplinary Proceedings

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Calcutta HC: Mere Solitary Incident Not Sufficient Ground to Transfer Proceedings(03.06.2021)

Calcutta High Court has stated that a mere solitary incident would not be a sufficient ground for allowing transfer of proceedings in Narada Case wher.....

Tags : Calcutta High Court, Transfer of Proceedings, Narada Case

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Madras HC Disapproves of Suspension of Doctor Who was Witness in Disciplinary Proceedings(27.10.2021)

Madras High Court has disapproved of punishment of suspension imposed by Tamil Nadu Medical Council (TNMC) against a gastroenterologist who was only a.....

Tags : Madras High Court, Witness in Disciplinary Proceedings

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Bombay HC: Land Acquisition Proceedings Cannot be Held Null and Void Because Notice Not Issued(18.02.2020)

Bombay High Court has ruled that proceedings under the Land Acquisition Act, 1894 cannot be held to be null and void simply because the notice was not.....

Tags : Bombay High Court, Land Acquisition Proceedings

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Calcutta High Court Allows Live-Streaming of Proceedings(13.02.2020)

Calcutta High Court has granted permission for live-streaming of proceedings in a matter related to whether the children of Parsi Zoroastrian women ma.....

Tags : Calcutta High Court, Live Streaming of Proceedings

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Delhi HC: Section 10 of CPC Does Not Lay an Embargo in Proceeding with Arbitration(11.04.2022)

Delhi High Court has held that Section 10 of the Code of Civil Procedure, 1908 does not lay an embargo in proceeding during the pendency of insolvency.....

Tags : Delhi High Court, Section 10 of the Code of Civil Procedure, 1908, embargo, insolvency proceedings, Provincial Insolvency Act, 1920

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Multiple Proceedings on Same Issue Not Permissible Under RERA 2016: Maharashtra RERA(29.12.2018)

Maharashtra Real Estate Regulatory Authority has held that multiple proceedings on the same issue cannot be allowed under the Real Estate (Regulation .....

Tags : Maharashtra Real Estate Regulatory Authority, Multiple Proceedings

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Clarification on prosecutions filed or internal adjudication proceedings initiated against Independent Directors, non-promoters and non-KMP non-executive directors(02.03.2020)

1. Under several provisions of the Companies Act, 2013 [Act], proceedings are required to be initiated against an officer in default for violations co.....

Tags : Clarification, Internal adjudication, Proceedings

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ITAT, Ahmedabad: IBC to Have Overriding Effect Over Income Tax Proceedings(28.03.2022)

Income Tax Appellate Tribunal (ITAT), Ahmedabad has held that since the Insolvency and Bankruptcy Code, 2016 has overriding effect over the income tax.....

Tags : Income Tax Appellate Tribunal, Income Tax Proceedings, Liquidation

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Kerala HC Seeks Response from Govt on SARFAESI Proceedings on Loan Accounts(11.09.2020)

Kerala High Court has sought response from the Central Government about the banks' plea seeking permission to continue Securitisation and Reconstructi.....

Tags : Kerala High Court, Loan Accounts, SARFAESI Proceedings

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Madras High Court Quashes Disciplinary Proceedings Against IPS Officer(13.01.2017)

Madras High Court has quashed disciplinary proceedings and charge memo against senior IPS officer and additional DGP Pramodkumar who was under suspens.....

Tags : Madras High Court, disciplinary proceedings

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SC: Trivial Procedural Lapses Not a Ground to Nullify SARFAESI Proceedings(29.10.2020)

Supreme Court has observed that proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities In.....

Tags : Supreme Court, Ground to Nullify SARFAESI Proceedings

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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

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Kerala HC Stays Criminal Proceedings Against Children Below 7 Yrs of Age, Accused of Rape(11.05.2020)

Kerala High Court has stayed all the criminal proceedings and has directed the concerned authorities to forthwith put the case where three children, b.....

Tags : Kerala High Court, Criminal Proceedings Against Children

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ITAT, Jaipur: Defect in Notice would invalidate Penalty Proceedings(26.06.2019)

Income Tax Appellate Tribunal (ITAT), Jaipur Bench has held that the defect in the notice issued by the income tax department would nullify the entire.....

Tags : Income Tax Appellate Tribunal, Invalidation of penalty proceedings

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Delhi HC Dismisses Plea Challenging Acquisition Proceedings After 62 Yrs(07.07.2022)

Delhi High Court while dismissing plea challenging acquisition proceedings after 62 years, has held that the self evident delay in approaching the cou.....

Tags : Delhi High Court, Discretionary Relief, Acquisition Proceedings

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SC: Provisions of Limitation Act Will Apply to Arbitration Proceedings Under MSMED Act(30.06.2021)

Supreme Court held that the provisions of Limitation Act, 1963 will apply to arbitration proceedings initiated under Section 18(3) of Micro, Small and.....

Tags : Supreme Court, Arbitration Proceedings Under MSMED Act

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Calcutta HC Refuses To Interfere With SB Order Staying Criminal Proceedings Against Suvendu Adhikari(18.11.2021)

Calcutta High Court has refused to interfere with an order of a Single Bench (SB) staying criminal proceedings initiated against BJP MLA and Leader of.....

Tags : Calcutta HC, Stay of proceedings

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To have territorial jurisdiction at Delhi, whole or part of cause of action would have to accrue at Delhi(19.12.2016)

Present writ petition impugns orders passed by Respondent/Central Bank of India/ employer whereby Petitioner has been inflicted punishment of dismissa.....

Tags : Proceedings, Jurisdiction, Cause of action

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Supreme Court Accepts Justice Katju's Apology, Disposes Contempt Case(06.01.2017)

Supreme Court has accepted Justice Markandey Katju’s apology for contemptuous remarks in his blog, and has closed contempt proceedings against him.

Tags : Supreme Court, Markandey Katju, contempt proceedings

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Delhi HC Directs Proceedings Against Police Officers for Not Registering FIR(29.04.2020)

Delhi High Court has directed for initiating proceedings against police officers, under Section 4 of the Scheduled Castes and Scheduled Tribes (Preven.....

Tags : Delhi High Court, Proceedings Against Police Officers

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Bombay HC: Failure to Comply with Section 5-A Vitiates Acquisition Proceedings(08.04.2020)

Bombay High Court has reiterated that failure to comply with the provisions of Section 5-A of the Land Acquisition Act, 1894 results in vitiation of t.....

Tags : Bombay High Court, Acquisition Proceedings

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Karnataka HC: Rape Proceedings can be Closed on Account of Settlement Between Parties(31.05.2022)

Karnataka High Court has held that closure of proceedings on account of settlement arrived at between the parties, even for offence of rape, is permis.....

Tags : Karnataka High Court, Rape, Criminal Proceedings

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Chhattisgarh High Court to Hear Cases Only Through Video Conferencing(07.04.2021)

Chhattisgarh High Court has issued an official order directing that Judicial Proceedings of the High Court shall be conducted only through video confe.....

Tags : Chhattisgarh High Court, Judicial Proceedings

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National Company Law Appellate Tribunal Sets Aside Flipkart’s Insolvency Proceedings(28.02.2020)

National Company Law Appellate Tribunal has set aside the order of the National Company Law Tribunal to initiate insolvency proceedings against Flipka.....

Tags : National Company Law Appellate Tribunal, Flipkart’s Insolvency Proceedings

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Calcutta HC: Petition U/s 482 CrPC To Quash Domestic Violence Proceedings Maintainable(01.10.2021)

Calcutta High Court has had the opportunity to expound in detail on the question whether an order passed by a Magistrate in a proceeding under Section.....

Tags : Calcutta High Court, Quashing of Domestic Violence Proceedings

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SC: Moratorium Does Not Apply to Proceedings in Respect of Directors/Management of Corporate Debtor(17.09.2021)

Supreme Court has observed that the moratorium ordered under Section 14 of the Insolvency and Bankruptcy Code, 2016 does not apply in respect of the d.....

Tags : Supreme Court, Proceedings in Respect of Directors/Management of Corporate Debtor

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Jharkhand HC: Writ Court Does Not Sit in Appeal Against Orders in Departmental Proceedings(09.02.2022)

Jharkhand High Court has reiterated that the writ Court does not sit in appeal against the orders passed in departmental proceedings, particularly whe.....

Tags : Jharkhand High Court, Orders in Departmental Proceedings

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ITAT, Delhi: Non-Appearance Before Authorities to Imply Assessee Has Nothing to Rebut(04.04.2022)

Income Tax Appellate Tribunal Delhi has observed that the income tax proceedings are attached with the presumption of truth and the non-appearance bef.....

Tags : Income Tax Appellate Tribunal, income tax proceedings, presumption of truth, rebut

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SC Stays Delhi HC Contempt Proceedings Against Centre for Failure to Publish Notification(14.08.2020)

Supreme Court has stayed the contempt of court proceedings initiated by Delhi High Court against Ministry of Environment, Forest & Climate Change (MoE.....

Tags : Supreme Court, Contempt Proceedings Against Ministry of Environment, Forest & Climate Change

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Magistrate can discharge the accused at any stage of the trial if he considers the charge to be groundless(10.06.2022)

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) has been filed on behalf of the petitioner seeking an order allo.....

Tags : Charges, Proceedings, Quashing of

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Delhi HC: Credibility of Woman Not Diminished Because of Pending Disciplinary Proceedings(18.12.2020)

Delhi High Court has held that when a woman makes allegations of sexual harassment against her male colleague for, her credibility is not diminished b.....

Tags : Delhi High Court, Pending Disciplinary Proceedings Against Woman

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Fraud Vitiates Proceedings and Such Plea can be Set Up Even in Collateral Proceedings: SC(03.10.2018)

Supreme Court has observed that fraud vitiates the solemn proceedings and such plea can be set up even in collateral proceedings immaterial of the lab.....

Tags : Supreme Court, Collateral Proceedings

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P&H HC: Implementing Party Cannot be Liable for Proceedings Under Contempt of Court(11.01.2021)

Punjab and Haryana High Court has observed that an implementing party could not be made liable for proceedings under the Contempt of Court Act, 1971 f.....

Tags : Punjab and Haryana High Court, Proceedings Under Contempt of Court Act

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Karnataka HC Directs State Government To Provide Requisite Infrastructure At Subordinate Courts(11.01.2022)

Karnataka High Court directed the State government to immediately consider and decide the infrastructure requirements at district courts in Karnataka,.....

Tags : Karnataka High Court, Live Streaming, Court Proceedings

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Calcutta HC Initiates Contempt Against Lawyer Who Cursed Judge with COVID-19 Infection(25.03.2020)

Calcutta High Court has initiated criminal contempt proceedings against a lawyer, Advocate Bijoy Adhikary, for cursing the judge to contract Corona Vi.....

Tags : Calcutta High Court, Contempt Proceedings Against Lawyer

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Karnataka HC Stays Criminal Proceedings against Public Service Commission’s Member(25.10.2016)

Karnataka High Court has stayed criminal proceedings initiated against Mangala Sridhar, who was suspended as member of Karnataka Public Service Commis.....

Tags : Karnataka HC , criminal proceedings, Public Service Commission

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SC Allows Future Retail Ltd to Approach Delhi HC to Seek Resumption of NCLT Proceedings(15.02.2022)

Supreme Court has granted liberty to the Future Retail Ltd to approach the Delhi High Court seeking permission for the continuation of the proceedings.....

Tags : Supreme Court, Resumption of NCLT Proceedings

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Allahabad HC Extends 12 Months Period for Disposal of Arbitral Proceedings(06.04.2020)

Allahabad High Court has extended the 12 months period stipulated under Section 29A of the Arbitration & Conciliation Act, 1996, for the Arbitral Trib.....

Tags : Allahabad High Court, Disposal of Arbitral Proceedings

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Attorney General's Consent is not necessary in Suo Motu Contempt Proceedings(14.08.2020)

A petition came to be filed in present Court by Mahek Maheshwari bringing to the notice of present Court, a tweet made by Mr. Prashant Bhushan, Advoca.....

Tags : Contempt Proceedings, Attorney general, Consent

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Ker. HC: Employer Entitled to Continue Disciplinary Proceedings Even After Retirement of Employee(20.09.2022)

Kerala High Court has held that under Rule 198 (7) of the Kerala Co-operative Societies Rules, the employer is entitled to continue disciplinary proce.....

Tags : Kerala High Court, Disciplinary Proceedings, Retiral Benefits

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Madras HC: In Criminal Proceedings, Legal Heirs of Original Complainant Can Continue Proceedings(15.04.2022)

Madras High Court has observed that in criminal proceedings, the legal heirs of the original complainant can apply for continuation of proceedings aga.....

Tags : Madras High Court, Legal Heirs, Continuation of Proceedings

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Delhi HC: Disciplinary Proceedings Continuing Ad Infinitum Would be Destructive of Rule of Law(06.07.2022)

Delhi High Court while granting relief to CBIC Officer, has held that allowing Disciplinary Proceedings to continue ad infinitum would not only be hig.....

Tags : Delhi High Court, Disciplinary Proceedings, Ad Infinitum

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Bombay HC Allows Jesuits to Initiate Separate Proceedings to Clear Odium(25.11.2021)

Bombay High Court has allowed the Jesuits to initiate separate proceedings to clear the odium attached to his name and reputation because of the Bhima.....

Tags : Bombay High Court, Separate Proceedings to Clear Odium

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Gauhati HC Asks for Clarification on Whether NCLT Covers Proceedings Pending Before GST Authorities(27.02.2020)

Gauhati High Court has asked the Central government for fresh consideration by examining the aspect as to whether the order of moratorium of the Natio.....

Tags : Gauhati High Court, Proceedings Pending Before GST Authorities

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Orissa HC Asks BCI to Give Instructions to Lawyers on Decorum in Video Conference(04.09.2020)

Orissa High Court has asked the Bar Council and Bar Association to give necessary instruction to lawyers so that they do not breach the decorum as wel.....

Tags : Orissa High Court, Decorum of Court Proceedings

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Accused in Summary Court Martial Proceedings can Engage Legal Advisor: SC(18.12.2018)

Supreme Court has observed that an accused in a Summary Court Martial is entitled to have the benefit of legal representation.

Tags : Supreme Court, Summary Court Martial Proceedings

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CBDT Amends IT Rules to Ease Authentication of Electronic Records in Faceless Assessment Proceedings(08.09.2021)

Central Board of Direct Taxes has amended Income-tax Rules, 1962 (‘the Rules’) vide notification no G.S.R. 616(E) dated 6th September 2021 for easing .....

Tags : Central Board of Direct Taxes, Authentication of Electronic Records in Faceless Assessment Proceedings

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Kerala HC: Execution Proceedings Against Idol to be Set Aside When Deity Not Party to Suit(06.10.2021)

Kerala High Court has held that execution proceedings initiated against an idol and its property are liable to be set aside when the deity or a public.....

Tags : Kerala High Court, Execution Proceedings Against Idol

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Order of moratorium in respect of the Lakshmi Vilas Bank Limited(17.11.2020)

1. In exercise of the powers conferred by sub-section (2) of section 45 of the Banking Regulation Act, 1949 (10 of 1949), the Central Government, afte.....

Tags : Moratorium, Lakshmi Vilas bank, Proceedings

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Mere payment of contributions after filing of case will not absolve employer from his liability(27.04.2018)

In facts of present case, on November 19, 2014, Enforcement Officer, Employees Provident Fund Organization (Opposite party No. 2) inspected the establ.....

Tags : Provident Fund, Deposit, Default, Proceedings, Quashing

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Kerala High Court Quashes Consumer Forum Proceedings Against Subramanian Swamy(23.02.2022)

Kerala High Court has allowed the petition moved by BJP Rajya Sabha MP and former Union Minister Dr Subramanian Swamy to quash the non-bailable warran.....

Tags : Kerala High Court, Proceedings Against Subramanian Swamy

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Delhi High Court Quashes Reassessment Proceedings As Initiated Without Jurisdiction(20.05.2022)

Delhi High Court while quashing the re-assessment proceedings initiated by Income Tax Officer, Jaipur (ITO) has held that since the petitioner jurisdi.....

Tags : Delhi High Court, Income-Tax, Reassessment Proceedings, Assessing Officer

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SC: No Lapse of Proceedings Under Old Act if Compensation is Deposited in Treasury(06.03.2020)

Supreme Court has held that proceedings under the Land Acquisition Act, 1894 will not lapse if the compensation has been tendered by deposit in treasu.....

Tags : Supreme Court, Lapse of Proceedings

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SC Stays Disciplinary Proceedings Against Madhya Pradesh District Judge(07.09.2020)

Supreme Court has issued notice & also stayed disciplinary proceedings against a Senior District Judge from Madhya Pradesh on account of sexual harass.....

Tags : Supreme Court, Disciplinary Proceedings

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Kerala HC: Law Degree Not Compulsory for Reporting Case Proceedings(28.11.2016)

Kerala High Court has said there had not been any stipulation that law graduates alone could cover Court proceedings.

Tags : Kerala HC, Degree, Reporting, Case Proceedings

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