4 August 2020

Search Results for Tag : Provision


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


Notifications & Circulars

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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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



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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


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


International Cases

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


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


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


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


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


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


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


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


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


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


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


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


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


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