10 May 2021


Search Results for Tag : Provision

Judgments

Late submission of OBC certificate to not be overlooked in ‘pedantic’ manner(24.02.2016)

A candidate appearing in an examination under the OBC category remains eligible for selection to the post advertised, despite not submitting the OBC c.....

Tags : Reservation, certificate, provisional list, selection

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Chemists and druggists associations practice of mandating NOC requirement prior to the appointment of stockists held anti-competitive(28.07.2016)

Instant information was filed for alleged contravention by Opposite Parties in denying supply of drugs to Informant for want of a No Objection Certifi.....

Tags : Anti-competitive practice, Provisions, Violations, Penalty

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Provisional Certificate would remain valid till the date degree is issued by university(03.10.2016)

Petitioner seeks quashing of action of Respondent-University in declining to grant him admission in LL.B. (Ist year) for the academic session 2016-201.....

Tags : Admission, Provisional Certificate, Validity

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Supreme Court strikes down words "adult male" from proviso of Section 2(q) DMV Act as same is contrary to object of affording protection to women(06.10.2016)

Present appeal arises out of a judgment passed by Division Bench of Bombay High Court raising an important question as to constitutional validity of S.....

Tags : Provision, Constitutional Validity

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Mere presence in an unlawful assembly cannot render a person liable unless there was a common object(20.10.2016)

By present revision petition, Petitioner seeks setting aside of order passed by Additional Sessions Judge discharging Respondents from offence punisha.....

Tags : Offence, Provision, Applicability

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University can cancel provisional admission on non-submission of final result of qualifying degree on or before cut-off date(22.11.2016)

Petitioner has filed present petition seeking a direction to Respondents not to cancel provisional admission of Petitioner to MBA Programme due to non.....

Tags : Admission, Provisional, Cancellation

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Anti-dumping duty not payable in ‘gap’ between provisional and final duty(23.09.2015)

Disagreeing with findings of the Bombay and Kerala High Courts, the Supreme Court held that assessees were not liable to pay anti-dumping duty in the .....

Tags : Anti dumping, duty, gap, provisional, final

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Anti-dumping duty not payable in ‘gap’ between provisional and final duty(23.09.2015)

Disagreeing with findings of the Bombay and Kerala High Courts, the Supreme Court held that assessees were not liable to pay anti-dumping duty in the .....

Tags : Anti dumping, duty, gap, provisional, final

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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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Murder charge cannot be brought home unless there is some evidence to show that, robbery and murder occurred at same time(20.01.2017)

Accused-Appellant had been convicted by trial Court for offence punishable under Section 302 read with Section 34 of Indian Penal Code, 1860. He has a.....

Tags : Conviction, Provision, Applicability

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Mere fact of no proportionate representation in promotional posts for population of SCs and STs is not enough to grant consequential seniority to promotees(09.02.2017)

Instant appeals involve the question of validity of Karnataka Determination of Seniority of Government Servants Promoted on Basis of Reservation (To t.....

Tags : Seniority, Promotion, Provisions, Validity

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Election Commission shall complete election before expiration of duration of five years' period(29.05.2017)

Aggrieved by order passed by Respondent No. 1 on 9th May, 2017, whereby elections to Shimla Municipal Corporation have been postponed, Petitioner has .....

Tags : Office order, Provisions, Violation

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Once consumer communication apps are installed on device, users can pass on from one app to its competitor apps in no-time(01.06.2017)

Present information has been filed by Informant under Section 19(1)(a) of Competition Act, 2002 against WhatsApp Inc. alleging contravention of provis.....

Tags : Dominance, Contravention, Provisions

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Section 195(1)(b)(ii) of CrPC would be attracted only when offences enumerated therein committed with respect to document after it has been produced or given in evidence in a proceeding in any Court(03.11.2017)

Present appeal has been filed against judgment of High Court dismissing Petition which was filed by the Appellant questioning the judgment of Addition.....

Tags : Cognizance, Provision, Applicability

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Evidence of Food Inspector need not necessarily corroborate from independent witnesses(05.10.2018)

The revisionist-accused has preferred present revision under Sections 397 and 401 of Code of Criminal Procedure, 1973 (CrPC) against the judgment pass.....

Tags : Conviction, Provision, Compliance

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When consent to affiliation is subject to approval from Central Government, request for continuance of provisional affiliation cannot be granted(12.11.2018)

The request of the First Respondent for continuance of provisional affiliation for admission of students in Bachelor of Homeopathy Medicine and Surger.....

Tags : Provisional affiliation, Continuation, Grant

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When Opposite Party is not dominant in relevant market, there is no need to examine allegations of unfair trade practice(10.05.2019)

The present information has been filed by Mr. Anil Rathi (Informant) under Section 19(1)(a) of the Competition Act, 2002 alleging abuse of dominant po.....

Tags : Dominant position, Contravention, Provisions

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When statutory rules to deal with grievance of IPs exists, no anti-competitive conduct can be said to have arisen warranting an investigation into matter(28.06.2019)

The present information has been filed, by Consumer Educational and Research Society ('IP-1') and Parul Choudhary ('IP-2'), under Section 19(1)(a) of .....

Tags : Dominance, Provision, Contravention

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State legislature cannot enact law providing direct appeal to Apex Court(10.12.2019)

Present appeal, purportedly under Section 13(2) of the Chhattisgarh Rent Control Act, 2011, is against an order of the Rent Control Tribunal, confirmi.....

Tags : Legislative competence, Provision, Enactment

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In absence of complete cause of action for declaring election of returned candidate to be void, election petition is to be summarily dismissed without trial(11.02.2020)

Present election petition filed under Section 80 read with Section 100(1) of the Representation of the People Act, 1951 challenges the election of the.....

Tags : Non-compliance, Provisions, Cause of action, Absence

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When State action is not within competence of State Legislature, present Court has to strike down the action of State Legislature, which was beyond its legislative competence(19.03.2020)

In the present writ application, the challenge is to the vires of Section 9 (5) of the Jharkhand Value Added Tax Act, 2005, ('JVAT Act'), which was su.....

Tags : Trade discount, Provision, Legality

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Vertical restraints are not generally perceived as being anti-competitive, when substantial portion of the market is not affected(11.05.2020)

The present Information has been filed on behalf of Accessories World Car Audio Private Limited ('the Informant') under Section 19(1) (a) of the Compe.....

Tags : Contravention, Provisions, Vertical restraints

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TDS provisions under Section 194H of IT Act is not applicable on sale of recharge vouchers and pre-paid vouchers to sole distributors(18.05.2020)

Present cross appeals filed by the Revenue as well as the assessee are directed against the common order of the learned Commissioner of Income Tax (Ap.....

Tags : Levy, TDS provisions, Applicability

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Foreign exchange receipt must be attributable to the information or service contemplated by Section 80-O of Income-tax Act for claiming deduction(05.06.2020)

The short point calling for determination in present appeals is whether the income received by the Appellants in foreign exchange, for the services pr.....

Tags : Deduction, Applicability, Provision

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Assessee is entitled for benefit of Section 54F of the IT Act, when new residential house purchased within two years from the date of transfer of the original asset that is shares(29.05.2020)

In facts of present case, the return of income filed by the Assessee was selected for scrutiny assessment and statutory notices were issued and compli.....

Tags : Deduction, Benefit, Provision

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An unregistered agreement cannot be a ground for invoking provisions of Section 40A(2)(b) of the IT Act in absence of requirement of law(23.07.2020)

The Assessee Company was engaged in business of manufacturing and trading of ignition coils for motor vehicle engines. For the year under consideratio.....

Tags : Additions, Provision, Applicability

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Dispute must pre-exist before the receipt of the demand notice for admitting an application under Section 9 of IBC(10.08.2020)

Challenge in present Appeal is to the Order passed by the Adjudicating Authority (National Company Law Tribunal, New Delhi), by which Order, the Adjud.....

Tags : Dispute, Existence, Mandate, Provision

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Certificate required under Section 65B(4) of Evidence Act is a condition precedent to the admissibility of evidence by way of electronic record(14.07.2020)

Present Civil Appeals have been referred to a Bench of three honourable Judges of this Court by a Division Bench reference dealing with the interpreta.....

Tags : Admissibility, Evidence, Provision, Interpretation

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Provisions of EPF Act are applicable to a private security agency engaged in expert service of providing personnel to its client(02.12.2020)

The Appellant is engaged in the business of providing private security guards to its clients on payment basis. The Appellant is registered under the P.....

Tags : Private agency, Provisions, Applicability

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Certificate under Section 65B of Indian Evidence Act is necessary, when reliance is being placed upon electronic record(14.01.2021)

The instant petition has been filed for grant of regular bail to the Petitioner in case bearing Crime under Sections 8, 21, 22, 29 of the Narcotic Dru.....

Tags : Bail, Compliance, Provisions

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Section 12(5) r/w Seventh Schedule of Arbitration & Conciliation Act, 1996, which deals with ineligibility of a person to be appointed as Arbitrator, is mandatory and non-derogable provision(20.01.2021)

The Appellant No. 1 / HARSAC, Department of Science and Technology, Government of Haryana is the nodal agency for Geographic Information System (“GIS”.....

Tags : Arbitrator, Eligibility, Provision

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An independent building can have a number of residential units and it will not lose the character of one residential house(24.02.2021)

The appeal filed by the assessee is directed against the order passed by Learned Commissioner of Income Tax [CIT(A)], Bengaluru and it relates to the .....

Tags : Deduction, Provision, Applicability

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Bar under Section 10A of IBC against initiation of CIRP is retrospective and is applicable to applications filed from 25th March, 2020(09.02.2021)

The appellate jurisdiction of present Court under Section 62 of the Insolvency and Bankruptcy Code, 2016 ("IBC") has been invoked to challenge the jud.....

Tags : Initiation, CIRP, Interpretation, Provision

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Provisions of Limitation Act would apply mutatis mutandis to proceedings under IBC in NCLT/NCLAT(05.04.2021)

Present Appeal has been filed by the Appellant-Mr. Thomas George who is director of the suspended Board of the Corporate Debtor Mathstraman Manufactur.....

Tags : Limitation Act, Provisions, Applicability

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Private vehicle would not come within the expression “public place” as explained in Section 43 of the NDPS Act(16.04.2021)

Present appeal challenges the judgment and final order passed by the High Court dismissing appeal preferred by the Appellants and affirming their conv.....

Tags : Conviction, Compliance, Provision

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Balance Sheets entries can amount to acknowledgement of debt for purpose of extending limitation(15.04.2021)

In present matter, Corporate Power Ltd. ["the corporate debtor"] set up a thermal power project in Jharkhand, and for so doing, availed of loan facili.....

Tags : Balance Sheets, Entries, Provision, Applicability

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Notifications & Circulars

Supersession of Notification Number 17/2020-Central Tax, dated the 23rd March, 2020(23.02.2021)

In exercise of the powers conferred by sub-section (6D) of section 25 of the Central Goods and Services Tax Act, 2017 (12 of 2017) (hereafter in this .....

Tags : Supersession, Notification, Provision

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Amendments to provisions in SEBI Circular dated September 16, 2016 on Unique Client Code and mandatory requirement of Permanent Account Number(08.03.2021)

1. SEBI had issued circular no. SEBI/HO/CDMRD/DMP/CIR/P/2016/87 dated September 16, 2016 which, inter-alia, provided guidelines on use of Unique Clien.....

Tags : Amendments, Provisions, SEBI Circular

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Review of provision regarding segregation of portfolio due to the COVID - 19 pandemic(02.09.2020)

1. In terms of the SEBI circular No. SEBI/HO/IMD/DF2/CIR/P/2018/160 dated December 28, 2018, segregated portfolio can be created in a Mutual Fund sche.....

Tags : Review, Provision, Segregation of portfolio

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Applicability of the provisions of sub-clause (i) of clause (c) of sub-section (1) of Section 10 of Banking Regulation Act, 1949 to Kotak Mahindra Bank Limited(23.09.2020)

Whereas, sub-clause (i) of clause (c) of sub-section (1) of section 10 of the Banking Regulation Act, 1949 (10 of 1949) (hereinafter referred to as th.....

Tags : Applicability, Provisions, Kotak Mahindra Bank Limited

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Clarification on doubts arising on account of new TCS provisions(30.09.2020)

There are reports in certain sections of media wherein certain doubts have been raised regarding the applicability of the provisions relating to Tax C.....

Tags : Clarification, Doubts, TCS provisions

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Non-applicability of the provisions of section 31 read with clause (t) of section 56 of Banking Regulation Act, 1949 to primary co-operative banks till 31st December, 2020(29.09.2020)

In exercise of the powers conferred by sub-section (1) of section 53 of the Banking Regulation Act, 1949 (10 of 1949), the Central Government, on the .....

Tags : Non-applicability, Provisions, Co-operative banks

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Income-Tax (19th Amendment) Rules, 2020(10.08.2020)

In exercise of the powers conferred by clause (d) of sub-section (8) of section 139A and clause (ii) of sub-section (7) of section 206AA read with sec.....

Tags : Amendment, Provision, Application

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Relaxations from certain provisions of the SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018 in respect of Rights Issue(21.04.2020)

1. In the wake of developments relating to the Covid-19 pandemic, a number of suggestions have been received by SEBI from industry bodies and market p.....

Tags : Relaxations, Provisions, Eligibility conditions

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Provisioning on interbank exposure of Primary (Urban) Co-operative Banks (UCBs) under All Inclusive Directions(20.04.2020)

1. As you are aware, the imposition of All-inclusive Directions (AID) on an Urban Co-operative Bank (UCB), inter alia, restricts the bank from dischar.....

Tags : Provisioning, interbank exposure, UCBs

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Relaxations from certain provisions of the SEBI (Issue of Capital and Disclosure Requirements) Regulations, 2018 in respect of Further Public Offer(09.06.2020)

1. In the wake of developments relating to the Covid-19 pandemic, SEBI vide Circular no. SEBI/HO/CFD/CIR/CFD/DIL/67/2020 dated April 21, 2020 introduc.....

Tags : Relaxations, Certain provisions

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Relaxation from compliance with provisions of SEBI’s ILDS Regulation, NCRPS Regulations and Circulars related to Listing of Commercial Papers(15.07.2020)

1. ILDS Regulations, NCRPS Regulations and circulars related to Listing of Commercial Papers (CPs) require an Issuer to inter-alia submit its latest a.....

Tags : Relaxation, Compliance, SEBI provisions

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Implementation of Section 51A of UAPA, 1967: Addition of one new entry to 1533 Democratic(18.02.2020)

Please refer to Section 51 of Master Direction on Know Your Customer dated February 25, 2016 as amended on January 09, 2020, in terms of which "Regula.....

Tags : Implementation, Provision, New entry, Addition

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Exemption of a Banking Company from the application of the provisions of Sections 5 and 6 of the Competition Act, 2002(11.03.2020)

In exercise of the powers conferred by clause (a) of section 54 of the Competition Act, 2002 (12 of 2003), the Central Government hereby exempts a Ban.....

Tags : Exemption, Banking Company, Application, Provisions

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Reserve Bank of India imposes penalty on United Overseas Bank Limited(03.10.2019)

The Reserve Bank of India (RBI) has, by an order dated October 01, 2019, imposed a monetary penalty of ` One crore on United Overseas Bank Limited (th.....

Tags : Non-compliance, Provision, Penalty, Imposition

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Central Government hereby declare that the provisions of sub-clause (i) of clause (c) of sub-section (1) of Section 10 of Banking Regulation Act, 1949 shall not apply to Kotak Mahindra Bank Limited(01.10.2019)

In exercise of the powers conferred by sub-section (1) of section 53 of the Banking Regulation Act, 1949, the Central Government, on the recommendatio.....

Tags : Provisions, Non applicability, Kotak Mahindra Bank

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Explanation about quality and price of Fertilizers by Shri Rao Inderjit Singh(18.12.2018)

Minister of State for Planning (IC) and Chemicals & Fertilizers, Shri Rao Inderjit Singh, in a written reply to a question on quality and prices of fe.....

Tags : Provisions, Supply, Fertilizer

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

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

Tags : Powers, Provision, Confirmation

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Additional Provisions For Standard Advances At Higher Than The Prescribed Rates(18.04.2017)

Please refer to paragraph 5 of the Master Circular - Prudential norms on Income Recognition, Asset Classification and Provisioning pertaining to Advan.....

Tags : Additional provisions, Rates, High

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CCI issues important order under Lesser Penalty Provisions in the cartel case by leading Indian Zinc-Carbon Dry Cell Battery Manufacturers(19.04.2018)

The Competition Commission of India ('CCI') passed Final Order imposing penalty on three leading Indian Zinc-Carbon Dry Cell Battery manufacturers-Eve.....

Tags : Order, Issuance, Penalty Provisions

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Applicability of provisions of Para 2.20 of HBP, 2015-20 on Advance Authorisations issued under 2009-2014, FTP(25.04.2018)

1. This office has received a request for clarification regarding the date of applicability of provisions of para 2.20(d) of HBP 2015-20 on the Advanc.....

Tags : Provisions, Applicability, Advance Authorisations

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CCI passes order under Lesser Penalty Provisions against broadcasting service providers for rigging bids in tenders by Sports Broadcasters(11.07.2018)

This case was taken up by Competition Commission of India ('CCI') suo motu under Section 19 of the Competition Act, 2002 ('the Act') based on the disc.....

Tags : Penalty Provisions, Broadcasting, Service providers, Rigging bids

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Eradication of Child Labour(18.07.2018)

Child Labour is an outcome of various socio-economic problems such as poverty, economic backwardness, illiteracy etc. As per 2011 Census, the number o.....

Tags : Child Labour, Eradication, Enforcement, Provisions

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Postponement of provision relating to TDS (Section 51) and TCS (Section 52) of the CGST / SGST Act 2017(26.06.2017)

With the objective of ensuring smooth rollout of GST and taking into account the feedback received from the trade and industry regarding the provision.....

Tags : Postponement, Provision, TDS

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Clarifications in respect of the provisions of IRDAI (Health Insurance) Regulations 2016 and Guidelines on Product Filing in Health Insurance(10.01.2017)

Reference is invited to the provisions of Guidelines on Product Filing in Health Insurance notified vide ref: IRDA/HLT/REG/CIR/150/07/2016 dated 29th .....

Tags : Clarifications, provisions, IRDAI

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Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, 1958(14.12.2016)

Provisions of Ancient Monuments and Archaeological Sites and Remains (AMASR) Act, 1958 and Rules, 1959 are not out dated and implemented effectively o.....

Tags : Provisions, Amendment, Insertion

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News

Delhi HC Rules, “Provisional Certificate Valid till Degree is Issued”(05.10.2016)

Delhi HC, while pulling up Delhi University (DU) for denying admission to a student under ST category on basis of a provisional certificate, has ruled.....

Tags : Delhi HC , DU, provisional certificate

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Maharashtra, the First State to Grant 180 Days Maternity Leave in Surrogacy Cases(21.01.2016)

Maharashtra Government has sanctioned a special childcare leave provision for its women employees who have had a child through a surrogate.

Tags : Maharashtra, Government, Surrogacy , special childcare leave provision

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Ministry of Finance Repeals SICA With Effect From Today(01.12.2016)

Ministry of Finance has repealed Sick Industrial Companies (Special Provisions) Act, 1985 (SICA) with effect from today.

Tags : Ministry of Finance, Sick Industrial Companies (Special Provisions) Act, 1985

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Rajya Sabha Passes a Bill to Expedite Disposal of Debt Recovery Applications(10.08.2016)

Rajya Sabha has passed the Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Bill, 2016, which amen.....

Tags : Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Bill, 2016, Rajya Sabha

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President Gives Assent to Recovery Laws(19.08.2016)

President has given assent to the Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Act, 2016.

Tags : President, Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Act, 2016

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CBDT Issues Draft Rules to Compute Fair Market Value of Foreign Firms(24.05.2016)

Central Board of Direct Taxes (CBDT) has taken the steps for implementing the controversial ‘indirect transfer’ provisions by issuing draft rules to s.....

Tags : Central Board of Direct Taxes, indirect transfer’ provisions

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Bombay HC: Provisional Admission Does Not Guarantee Confirmation(01.08.2016)

Bombay HC has held that a provisional admission to an educational institution is provisional only, it does not entitle students to claim legal rights .....

Tags : Bombay HC , ?Provisional Admission

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Lok Sabha Passes Bill Seeking Expeditious Recovery of Bad Loans by Banks(02.08.2016)

Lok Sabha has passed the Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Bill, 2016, which provid.....

Tags : Lok Sabha, Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Bill, 2016

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Delhi HC: No Provisional Admission in GTB Tech Institute(03.08.2016)

Delhi HC has dismissed pleas of Guru Tegh Bahadur (GTB) Institute of Technology and the Polytechnic Institute, Delhi, for letting them admit students .....

Tags : Delhi HC , Guru Tegh Bahadur Institute of Technology , Polytechnic Institute, Delhi, Provisional Admission

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Supreme Court: PF Authorities Have No Authority Over Exempted Authorities(14.03.2017)

SC has held that once an establishment is covered under any one of excepted category under Section 16 of Employees’ Provident Funds and Miscellaneous .....

Tags : Supreme Court, Employees’ Provident Funds and Miscellaneous Provisions Act

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SC: Tenant Can’t Be Evicted for Defaulting Rent Without Determination Of ‘Provisional Rent’ By Court(24.08.2018)

While hearing a petition seeking eviction of tenant on the ground of defaulting rent, SC has held that the provisional determination of the rent by th.....

Tags : Supreme Court,defaulting rent, provisional rent

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President Gives Assent to Law to Protect Unauthorised Colonies, Slums in Delhi(02.01.2018)

The President of India has given assent to National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Act which intends to prote.....

Tags : National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Act

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LCI 268th Report on Bail Provisions: Reduce Incarceration Period for Unconvicted Undertrials(25.05.2017)

Law Commission of India in its 268th report related to bail system, made significant suggestions to change bail provisions keeping in mind that poor p.....

Tags : Law Commission of India, bail provisions, 268th report

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Courts Should Desist from Passing Interim Orders Directing Provisional Admissions of Students: SC(13.11.2018)

Supreme Court has set aside a Madras High Court order and reiterated that courts should desist from passing interim orders directing provisional admis.....

Tags : Supreme Court, Provisional Admissions of Students

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Calcutta HC: Application to Set Aside Arbitral Award Cannot Be Put on Hold Due to Invocation of IBC(20.01.2020)

Calcutta High Court has stated that an application to set aside an arbitral award under the Arbitration and Conciliation Act, 1996 cannot be kept in a.....

Tags : Calcutta High Court, Set Aside of Arbitral Award, Insolvency and Bankruptcy Code Provisions

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Bombay HC: No Provisional Attachment Under CGST Act When No Pendency of Any Specific Proceedings(29.01.2020)

Bombay High Court has held that no provisional attachment under Section 83 of the Central Goods and Services Tax (CGST) Act, 2017 can be made in absen.....

Tags : Bombay High Court, Provisional Attachment under CGST Act

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Gujarat HC: Passing Provisional Attachments Order Under CGST Can’t be Delegated to Asst. Commissioner(30.01.2020)

Gujarat High Court has held that the Commissioner cannot delegate his powers of the passing of provisional attachments under Section 83 of the Central.....

Tags : Gujarat High Court, Provisional Attachments, Delegation

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Bombay HC: Provisional Attachment Under GST Act to Protect Revenue Not Omnibus Power(12.02.2020)

Bombay High Court has held that the Provisional Attachment Power under Section 83 of the Central Goods and Services Act, 2017 is to be used in only li.....

Tags : Bombay High Court, Provisional Attachment Power

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SC: Pensionary Provisions Must Be Given Liberal Construction as Social Welfare Measure(27.08.2020)

Supreme Court has remarked that pension is not a bounty payable at will, but a social welfare measure as a post-retirement entitlement to maintain the.....

Tags : Supreme Court, Pensionary Provisions

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Calcutta HC: Authorities Undertaking Provisional Attachment Without Informing Bank, Contrary to Law(27.03.2020)

Calcutta High Court has held that Principal Additional Director General, Directorate General of Goods and Services Tax Intelligence (DGGI) and Additio.....

Tags : Calcutta High Court, Authorities Undertaking Provisional Attachment

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Centre Brings Taxation Ordinance Extending Last Date for Compliance to 30th June(01.04.2020)

Ministry of Law and Justice has promulgated "The Taxation and Other Laws (Relaxation Of Certain Provisions) Ordinance, 2020" to give effect to the ann.....

Tags : Ministry of Law and Justice, The Taxation and Other Laws (Relaxation Of Certain Provisions) Ordinance, 2020

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MHA Asks States to Widely Publicize Penal Provisions for Lockdown Violations(03.04.2020)

Ministry for Home Affairs has asked the Chief Secretaries of the all the States to strictly implement the lockdown measures issued by the Central gove.....

Tags : Ministry of Home Affairs, Penal Provisions for Lockdown Violations

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Allahabad HC Expresses Concern Over Misuse of Provision for Prevention of Cow Slaughter(26.10.2020)

Allahabad High Court has expressed concern over frequent misuse of the provisions of Uttar Pradesh Prevention of Cow Slaughter Act, 1955, for implicat.....

Tags : Allahabad High Court, Misuse of Provision for Prevention of Cow Slaughter

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SC Orders Transfer of All Pleas Challenging Provisions of IBC on Personal Guarantors(29.10.2020)

Supreme Court has ordered the transfer of petitions pending across High Courts, challenging the provisions of Insolvency & Bankruptcy Code, 2016 perta.....

Tags : Supreme Court, Transfer of All Pleas Challenging Provisions of IBC

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Gujarat HC Set Aside Provisional Attachment of Bank Accounts of Person Accused of Tax Evasion(03.11.2020)

Gujarat High Court has quashed the order for provisional attachment of the five bank accounts of a person accused of tax evasion under Section 74(1) o.....

Tags : Gujarat High Court, Provisional Attachment of Bank Accounts

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CBIC Waives Penalty for Non-Compliance to QR Code Provisions(01.12.2020)

Central Board of Indirect Taxes and Customs (CBIC) notified the waiver of penalty for noncompliance to QR code provisions if complied by April 01, 202.....

Tags : Central Board of Indirect Txes and Customs, Penalty for Non-Compliance to QR Code Provisions

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CBIC Waives Penalty for Non-Compliance to QR Code Provisions(01.12.2020)

Central Board of Indirect Taxes and Customs (CBIC) notified the waiver of penalty for noncompliance to QR code provisions if complied by April 01, 202.....

Tags : Central Board of Indirect Txes and Customs, Penalty for Non-Compliance to QR Code Provisions

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SC Directs Petitioner to Serve Notice on Central Govt to Consider Prayer for Provisional Admissions(10.09.2020)

Supreme Court has directed the Petitioners challenging the CBSE's decision to conduct compartment examination for students of classes X and XII in Sep.....

Tags : Supreme Court, Provisional Admissions

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Bombay HC Dismisses Plea Challenging Penalty Provision of Pan Masala Rules as Ultra Vires(09.12.2020)

Bombay High Court has dismissed the plea challenging Rule 17(2) of the Pan Masala Packing Machines (Capacity, Determination and Collection of Duty) Ru.....

Tags : Bombay High Court, Penalty Provision of Pan Masala Rules

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SC Passes Interim Order Directing IIT Bombay to Grant Provisional Admission to Student(10.12.2020)

Supreme Court has passed an interim order directing IIT Bombay to grant provisional admission to Siddhant Batra, a student hailing from Agra, who had .....

Tags : Supreme Court, Provisional Admission to Student

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SC Declines Plea Challenging Constitutional Validity of Provisions of CGST Act, 2017(08.01.2021)

Supreme Court has declined to entertain a writ petition challenging constitutional validity of various provisions of the Central Goods Service Tax Act.....

Tags : Supreme Court, Constitutional Validity of Provisions of CGST Act, 2017

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SC Issues Notice in PIL Seeking Provision of Common Utility Ducts Along Highways & Other Roadways(17.03.2021)

Supreme Court has issued notice in plea filed seeking directions to the government to mandatorily provide common utility duct for all public utilities.....

Tags : Supreme Court, Provision of Common Utility Ducts Along Highways

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Karnataka HC: Failure of State to Provide Basic Shelter Violates Right to Life(24.03.2021)

Karnataka High Court has directed the state government to place on record the outcomes of the survey of urban homeless carried out in the state. The C.....

Tags : Karnataka High Court, Provision of Basic Shelter

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SC Issues Notice on Subramanian Swamy's Plea Challenging Provisions of Places of Worship Act(26.03.2021)

Supreme Court has issued notice on a Public Interest Litigation filed by BJP leader Subramanian Swamy challenging the Constitutional validity of the P.....

Tags : Supreme Court, Places of Worship (Special Provisions) Act 1991

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SC Issues Notice on Subramanian Swamy's Plea Challenging Provisions of Places of Worship Act(26.03.2021)

Supreme Court has issued notice on a Public Interest Litigation filed by BJP leader Subramanian Swamy challenging the Constitutional validity of the P.....

Tags : Supreme Court, Places of Worship (Special Provisions) Act 1991

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MP HC Directs Govt. to Issue Guidelines to Strictly Adhere to Provisions of NSA Act(05.04.2021)

Madhya Pradesh High Court has issued a slew of directions for the State Government to strictly adhere to the provisions of the National Security Act, .....

Tags : Madhya Pradesh High Court, Provisions of NSA Act

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Meghalaya HC Directs State to Formulate Policy for Provision of Drinking Water(03.03.2021)

Meghalaya HC Directs State to Formulate Policy for Provision of Drinking Water

Tags : Meghalaya High Court, Policy for Provision of Drinking Water

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Meghalaya HC Directs State to Formulate Policy for Provision of Drinking Water(03.03.2021)

Meghalaya High Court has directed the State of Meghalaya to formulate a policy laying down a roadmap for those people residing in this State, who, til.....

Tags : Meghalaya High Court, Policy for Provision of Drinking Water

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Supreme Court Issues Notice on PIL Challenging Provisions of Places of Worship Act(12.03.2021)

Supreme Court has issued notice to the Home Ministry, Ministry of Law and Ministry of Culture on a Public Interest Litigation filed by BJP leader Ashw.....

Tags : Supreme Court, Places of Worship (Special Provisions) Act 1991

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Centre Notifies Nationalised Banks (Management and Miscellaneous Provisions) Amendment Scheme, 2021(29.01.2021)

Central Government has notified the Nationalised Banks (Management and Miscellaneous Provisions) Amendment Scheme, 2021 which seeks to amend the Natio.....

Tags : Central Government, Nationalised Banks (Management and Miscellaneous Provisions) Amendment Scheme, 2021

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Rajya Sabha Passes National Capital Territory of Delhi Laws Second (Amendment) Bill, 2020(10.02.2021)

Rajya Sabha has passed the National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Bill, 2020 by voice vote. The Bill seeks t.....

Tags : Rajya Sabha, National Capital Territory of Delhi Laws (Special Provisions) Second (Amendment) Bill, 2020

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SC: GST Provision Allowing Revenue Department to Attach Property Draconian in Nature(22.04.2021)

Supreme Court has stated that the provision under the Goods and Services tax regime that allows the revenue department to provisionally attach propert.....

Tags : Supreme Court, GST Provision

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Allahabad HC: Provisions of Compassionate Appointment Applicable to DRDA Employees(06.05.2021)

Allahabad High Court has held that the provisions of compassionate appointment as contained under the UP Recruitment of Dependents of Government Serva.....

Tags : Allahabad High Court, Provisions of Compassionate Appointment

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SC Directs Centre to Strictly Observe Direction of Providing 700MT of Medical Oxygen to NCT Delhi(10.05.2021)

Supreme Court has directed the Centre to strictly observe its earlier direction of providing 700 MT of medical oxygen to the National Capital Territor.....

Tags : Supreme Court, Provision of Medical Oxygen

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International Cases

A scheme of arrangement is used to re-organise a Company in a manner which will be binding on its members(22.03.2021)

The Plaintiff, Piedmont Lithium Limited (Piedmont), is an Australian public company listed on the official list of the Australian Securities Exchange .....

Tags : Scheme, Approval, Provisions

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High Court would have jurisdiction over matters specified in Section 62(2) of Competition Act, 1998, unless such jurisdiction was specifically and expressly ousted(08.04.2021)

Present is an appeal against a decision of the High Court, in terms of which it dismissed an application under Rule 30 of the Uniform Rules , brought .....

Tags : Provision, Applicability, Jurisdiction

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Regulations made under a statute cannot be used to interpret the governing statute(23.05.2020)

The Appellants appeal against an urgent interim interdict issued by the High Court, Pretoria, which prevents the South African Police Service (the SAP.....

Tags : Interim interdict, Implementation, Provision

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Sstrict or literal interpretation of provisions has to be consistent with object of Act(10.06.2020)

The appeal concerned the application of Section 34A of the Estate Agency Affairs Act 112 of 1976, which precludes an estate agent from claiming commis.....

Tags : Provision, Applicability, Public interest

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A provision of subordinate legislation which results in a breach of a Convention right must be disregarded, if it is possible to do so without affecting the statutory scheme(13.11.2019)

On 9 November 2016, present Court handed down judgment in the series of cases collectively reported as R (Carmichael) v Secretary of State for Work an.....

Tags : Housing benefit, Provision, Applicability

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Tender process is designed to induce competition in a very structured way by facilitating independent conduct of potential service providers(03.10.2018)

Present matter concerned a complaint referral by Competition Commission against two firms active in provision of brand activation services: Geometry G.....

Tags : Anti-Competitive Agreement, Contravention, Provisions

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Public law acts were to be regarded and relied upon as lawful unless and until they were set aside by Courts(27.09.2018)

Appeal was against decision of Tribunal which it handed down on 2 June 2017. Tribunal's decision related to a special plea taken by both Goodyear Sout.....

Tags : Complaint referral, Compliance, Provisions

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Homes built for sale to be treated the same way as homes built for lease(21.06.2019)

The Respondent, Xantha Properties 18 (Pty) Ltd, carries on business in the building construction industry. It embarked upon the construction of a prop.....

Tags : Provision, Applicability, Enrolment fee

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A statutory provision does not bind the Crown save by express words or “necessary implication”(19.12.2017)

The issue in present case is whether the Crown is bound by the prohibition of smoking in most enclosed public places and workplaces, contained in Chap.....

Tags : Smoking, Ban, Provision

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Commission is not required to show any anti-competitive effects of agreement as anti-competitive effects are presumed(23.03.2017)

Present case concerns a complaint referral brought by Competition Commission against Respondents; Dawn Consolidated Holdings (Pty) Ltd ("Dawn"), DPI P.....

Tags : Shareholding Agreement, Contravention, Provision

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Power of Court to indicate provisional measures will be exercised only if there is urgency, that, irreparable prejudice will be caused to rights in dispute before Court gives its final decision(18.05.2017)

In facts of present case, On 8th May, 2017, Government of Republic of India filed in Registry of Court an Application instituting proceedings against .....

Tags : Consular access, Death sentence, Provisional measure, Stay

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To prove conduct under Section 10(2)(a) of Competition Act, 2010, it is not necessary to show actual harm to a competitor(20.07.2017)

Present order is related to proceedings initiated under Section 30 of Competition Act, 2010 vide Show Cause Notice No. 14/2016 dated 08th March, 2016 .....

Tags : Consumers, Information, Provisions, Violations

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Unless Defendants have the statutory defence, they have committed an offence(03.08.2017)

Present is an interlocutory appeal in a criminal case which concerns the correct construction of Section 92(1) of the Trade Marks Act, 1994. The Appel.....

Tags : Infringement, Provision, Interpretation

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Distribution of false or misleading information that is capable of harming the business interests of another undertaking constitutes a deceptive marketing practice(10.08.2017)

In facts of present case, the Complainant is engaged in the manufacturing and marketing of consumer household, antiseptic, and pharmaceutical products.....

Tags : Deceptive marketing practices, Provisions, Violation

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A strong likelihood of confusion on part of targeted consumer is central to a determination as to existence of a deceptive marketing practice through fraudulent use of another's trademark(30.06.2016)

In instant case, proceedings initiated pursuant to Show Cause Notices issued to Respondents for prima facie violations of Section 10 of Competition Ac.....

Tags : Contravention, Provisions, Deceptive marketing

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Top Story

Supreme Court Strikes Down Section 497 of Indian Penal Code(27.09.2018)

In a historical judgment, Supreme Court has struck down 158 Year Old Section 497 of Indian Penal Code, 1860 (IPC) which criminalizes adultery, as unco.....

Tags : Adultery, Provision, Validity

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