22 July 2024


Search Results for Tag : Rejection

News

SC Upholds Rejection of Candidature of District Judge Aspirant(14.10.2020)

Supreme Court has dismissed plea of a District Judge aspirant whose candidature was on the ground of pendency of a criminal case under Section 498A of.....

Tags : Supreme Court, Rejection of Candidature of District Judge Aspirant

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Delhi HC: Suit Cannot Be Rejected Partially Under Order VII Rule 11 of CPC(15.04.2022)

Delhi High Court has observed that there cannot be a partial rejection of a suit under Order VII Rule 11 of Code of Civil Procedure, 1908.

Tags : Delhi High Court, Partial rejection of Suit

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Allahabad HC: Rejection of Anticipatory Bail Not Ground for Rejection of Petition(28.12.2020)

Allahabad High Court has held that rejection of anticipatory bail from the High Court is not a ground for the Court for not entertaining a petition un.....

Tags : Allahabad High Court, Rejection of Petition

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SC: Provisions of Order VII Rule 11 CPC Not Exhaustive(26.02.2021)

Supreme Court has observed that the provisions of Order VII Rule 11 [Rejection of Plaint] of the Code of Civil Procedure, 1973 are not exhaustive and .....

Tags : Supreme Court, Rejection of Plaint

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Madras HC Dismisses Plea Challenging Rejection of Bid in Tender Process(14.12.2021)

Madras High Court has dismissed a petition challenging the rejection of a bid in a tender process for The Court has held that the Court cannot interfe.....

Tags : Madras High Court, Rejection of Bid in Tender Process

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MP HC: Once Jurisdictional Challenge Is Rejected, Party Has To Wait Till Stage of S. 34 Proceedings(09.09.2021)

Madhya Pradesh High Court has reiterated that the Arbitration and Conciliation Act, 1996 is a self contained code dealing with every aspect of arbitra.....

Tags : Madhya Pradesh High Court, Rejection of Jurisdictional Challenge

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Supreme Court: Plaint Can't Be Rejected If Limitation Is A Mixed Question Of Law & Fact(20.09.2021)

Supreme Court has held that a plaint cannot be rejected under Order VII Rule 11(d) of the Code of Civil Procedure, 1908 if the issue of limitation is .....

Tags : Supreme Court, Rejection of Plaint

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Supreme Court: Plaint to be Rejected Where None of Reliefs Can be Granted Under Law(22.09.2021)

Supreme Court has observed that a court has to reject a plaint if it finds that none of the reliefs sought in it can be granted to the plaintiff under.....

Tags : Supreme Court, Rejection of Plaint

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Delhi HC Upholds Rejection of Man from ITBP Recruitment for Having Tattoo on Right Saluting Arm(01.12.2021)

Delhi High Court has upheld the rejection of a man against the post of Constable (Driver) in the Indo-Tibetan Border Police Force (ITBP) for the reaso.....

Tags : Delhi High Court, Rejection of Man from ITBP Recruitment

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Andhra Pradesh HC: Plaint Cannot be Rejected Under Application Filed in Order VII Rule 11(20.01.2022)

Andhra Pradesh High Court has stated that the plaint cannot be rejected under an application filed by defendant in Order VII Rule 11 of Code of Civil .....

Tags : Andhra Pradesh High Court, Rejection of Plaint

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Rajasthan HC: Writ Petition Against Rejection of Temporary Injunction Not Maintainable(24.01.2022)

Rajasthan High Court has observed that writ petition against rejection of temporary injunction application by trial court is not maintainable under Ar.....

Tags : Rajasthan High Court, Rejection of Temporary Injunction

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Madras HC Dismisses Plea Challenging Rejection of Bid in Tender Process(14.12.2021)

Madras High Court has dismissed a petition challenging the rejection of a bid in a tender process for The Court has held that the Court cannot interfe.....

Tags : Madras High Court, Rejection of Bid in Tender Process

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Rajasthan HC Upholds Rejection of Candidature Under Outstanding Sports Persons Category(14.03.2022)

Rajasthan High Court has upheld the rejection of petitioner's candidature under Outstanding Sports Person category for appointment for the post of Com.....

Tags : Rajasthan High Court, Rejection of Candidature, Outstanding Sports Persons Category

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SC: SLP Against Rejection of Review Order Cannot be Entertained When Main Judgment is Not Challenged(06.10.2020)

Supreme Court has observed that a special leave Petition challenging the order of High Court rejecting the review Petition cannot be entertained when .....

Tags : Supreme Court, SLP Against Rejection of Review Order

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Judgments

Detention in custody of under-trial prisoners for an indefinite period would amount to violation of Article 21 of Constitution(06.02.2017)

Appellant, a charge-sheeted Accused in judicial custody in connection with the infamous "Chit Fund Scam" involving the Saradha Group of Companies ("Sa.....

Tags : Bail, Rejection, Validity

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No successive application for bail can be allowed/entertained unless and until there has been a change in circumstances of case(23.07.2018)

By order of the learned Principal Sessions Judge, an application for the grant of bail in favour of the Applicant came to be rejected. The order of th.....

Tags : Bail, Rejection, Validity

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A decision which is merely faulty or erroneous or incorrect should not be a ground for a Court to interfere(17.12.2018)

The Petitioner has assailed the rejection of his technical bid. The Petitioner has submitted that, not only the rejection of the technical bid of the .....

Tags : Technical bid, Rejection, Validity

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Prisoner sentenced for offence of rape or rape with murder is not eligible to get furlough leave(20.03.2019)

The petition is filed for relief of quashing of communication of the Deputy Inspector General, Central Prison, by which the application made for furlo.....

Tags : Furlough leave, Rejection, Validity

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Dispute regarding election cannot be entertained by present Court in view of alternative and efficacious remedy available(21.05.2019)

The Petitioner has challenged the list of the nomination paper prepared by Respondent No. 5, whereby the candidature and nomination of the Petitioner .....

Tags : Nomination, Rejection, Alternative remedy

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Appointment on compassionate ground cannot be granted, if criterion for showing compassion is missing(25.07.2019)

The prayer of the Petitioner for being appointed on compassionate ground has been rejected by a communication. The same is impugned in the instant wri.....

Tags : Compassionate appointment, Rejection, Legality

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Once it is admitted that, invitation is open to all, additional condition cannot be imposed(06.08.2019)

In present case, the 2nd respondent issued an 'Invitation for Bid' for the award of a contract for the periodical renewal work in the State of Himacha.....

Tags : Bid, Rejection, Legality

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A liberal interpretation has to be given to the Scheme, 2019 to allow the businesses to make a fresh beginning(05.08.2020)

Present writ petition has been filed challenging the order dated 26th February, 2020, whereby the Respondents have rejected the declaration dated 29th.....

Tags : Declaration, Rejection, Validity

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If an earlier application was rejected by a lower Court, the upper Court can always entertain the successive bail application(09.12.2020)

In present case, FIR for offences under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) came to be registered by .....

Tags : Bail, Rejection, Validity

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Tender Evaluation Committee can reject the bid, if there is a clear non-compliance of a mandatory condition(19.01.2021)

The Petitioner has preferred the present writ petition seeking for Issuance of a writ thereby quashing the impugned order/decision dated 3rd April, 20.....

Tags : Bid, Rejection, Legality

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While granting bail, the Court has to keep in mind not only the nature of the accusations, but the severity of the punishment(16.08.2021)

Present is a petition under Section 439 of Code of Criminal Procedure, 1973 (CrPC) for grant of regular bail in Sessions Case registered at Narcotics .....

Tags : Bail, Rejection, Legality

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Exemption under Section 11 of IT Act can be availed by institutions which are genuinely engaged in 'charitable activities’(16.08.2021)

Present appeal of the assessee society is directed against the order passed by the CIT(E), Chandigarh whereby he rejected the application filed for re.....

Tags : Registration, Rejection, Legality

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Once the election process has been set in and the programme has been published, the whole process cannot be halted for one or the other reasons(29.03.2022)

The brief facts of the case are that, the Petitioner is running a fair price shop and had filed a nomination form for contesting the Committee Electio.....

Tags : Nomination, Rejection, Validity

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Application for permission to sue as an indigent person could not be allowed, if the allegations in the plaint could not show any cause of action(02.12.2022)

The original applicants – Plaintiffs have preferred the present appeal feeling aggrieved and dissatisfied with the impugned judgment passed by the Hig.....

Tags : Application, Indigent persons, Rejection

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A refund can be claimed by a person who has borne the incidence of tax(05.09.2022)

Appellant has filed present Appeal to assail the order passed by the Commissioner (Appeals), by which the order passed by the adjudicating authority r.....

Tags : Refund claim, Rejection, Legality

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Any amount given in trust to a Corporate Debtor cannot be treated as asset of the Corporate Debtor(21.02.2023)

Present Appeal has been filed against two orders passed by the Adjudicating Authority. The Adjudicating Authority vide order rejected the application .....

Tags : Application, Rejection, Legality

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Authority that authors the tender documents is the best person to appreciate the requirements of the tender and its interpretation should not be second-guessed by a court in judicial review(12.05.2023)

The Petitioner has filed the instant writ petition aggrieved by the rejection of its bid for e-tender No.RC-22-23/159 ('said Tender') issued by Respon.....

Tags : Bid, Evaluation, Rejection

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When a finding is recorded by the Adjudicating Authority that agreement was entered, there is no question of doubting its genuineness(24.05.2023)

Present appeal has been filed against the order passed by Adjudicating Authority (NCLT Kolkata) by which order Section 7 of the Insolvency & Bankruptc.....

Tags : Default, Application, Rejection

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Courts can interfere with the decisions taken by the authorities issuing the tender, only if, the decision is arbitrary or perverse(02.06.2023)

The Petitioner has filed the instant writ petition aggrieved by the action of the Steel Authority of India (Respondent/SAIL) in rejecting the Petition.....

Tags : Tender, Bid, Rejection

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IBC is a time bound process and any delay in challenging the rejection of the claims cannot be condoned as a matter of routine(05.06.2023)

Present Appeal is preferred by IFCI Limited under Section 61 of the Insolvency and Bankruptcy Code, 2016 (IBC) against the Impugned Order passed by th.....

Tags : Claim, Rejection, Delay

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Section 16 of the Carriage by Road Act, 2007 applicable only in respect of suit or legal proceeding instituted against common carrier for any loss of, or damage to, the consignment(01.05.2023)

The Appellant (ESSEMM Logistics), who was the first Defendant in the suit, has preferred this appeal against the rejection of its counter-claim in exe.....

Tags : Counter-claim, Rejection, Legality

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It is not permissible for the Court to enter into roving enquiry in regard to sustainability of accusation nurtured on behalf of the complainant(27.06.2023)

Present appeal is preferred by the Appellant under Section 14A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 ('the A.....

Tags : Bail, Rejection, Legality

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Any person claiming refund of any duty is to make an application before the expiry of one year from the date of payment of such duty or interest(28.08.2023)

Present Petition impugns the rejection of a refund claim of Rs. 38,90,832 vide order passed by the Respondent no.3-Assistant Commissioner of Customs, .....

Tags : Refund claim, Rejection, Legality

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Assessee is deemed to have passed on the full incidence of service tax refund to the service receiver unless the contrary is proved(21.03.2024)

The Appellant has assailed the order-in-appeal, whereby the rejection of the refund claim on the ground of unjust enrichment in terms of Section 11 B .....

Tags : Refund, Rejection, Legality

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In case of defamation, it is not the publication itself but the communication of the alleged libelous material is relevant(05.02.2024)

The Appellant is aggrieved by the impugned order vide which the Trial Court rejected of the plaint of the Appellant. The Learned Trial Court further h.....

Tags : Plaint, Rejection, Jurisdiction

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Right to refuse lowest or any other tender is always available to Government and public authorities(12.07.2018)

In the facts of present case, a Notice Inviting Tender ('NIT') dated 6th June, 2016 was issued by Eastern Coalfields Limited ('ECL') for supplying and.....

Tags : Bid, Rejection, Validity

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Courts cannot interfere with the conditions of tender, tendering Authority is the best Judge to specify a particular eligibility criteria in the tender document(13.05.2024)

By present petition, the Petitioner challenges rejection of its technical bid in the tender process initiated by Respondent No.1 for supply, installat.....

Tags : Technical bid, Rejection, Legality

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Economic offences are required to be dealt with strictly especially in the matters relating to grant of bail(19.10.2020)

In present matter, the J&K State Co-operative Bank Ltd. (JKSCBL) sanctioned a loan in the amount of Rs. 250 crores without obtaining field report, bal.....

Tags : Economic offence, Bail, Rejection

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Mere wrong mention of the provision in the application would not prohibit a party to the litigation from getting justice(03.10.2017)

Present appeal arises out of the judgment passed by the Gujarat High Court dismissing the Special Civil Application filed by the Appellant, consequent.....

Tags : Legal representatives, Impleadment, Rejection, Validity

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Submission of valid report of Public Prosecutor indicating progress of investigation and disclosing specific reasons for extension of period of detention is sine-qua-non for such extension(24.01.2018)

Challenge in instant application under Section 482 of the Code of Criminal Procedure, 1973 (Cr. PC) is the order passed by learned Chief Judicial Magi.....

Tags : Bail, Rejection, Validity

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No demand of duty amount can be confirmed without issuing show cause notice and following the procedure prescribed under Section 11A of the Central Excise Act(06.12.2023)

The present appeal is directed against the impugned order passed by the Commissioner (Appeals) deciding two appeals of the Appellant whereby the Commi.....

Tags : Refund claim, rejection, Legality

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Court's role is not to oversee the whole but only to ensure that there is no unfairness or arbitrariness(12.03.2018)

The Petitioner is a wholly owned subsidiary of SREI Infrastructure Finance Limited, which owns 99.90% of the shares. The first respondent/Oil and Natu.....

Tags : Bid, Rejection, Validity

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A process of selection and appointment to a public office should be absolutely transparent and there should be no deviation from terms and conditions(20.03.2018)

Present Original Application under Section 19 of the Administrative Tribunals Act, 1985, was filed by the Applicant seeking to call for the Records of.....

Tags : Candidature, Rejection, Validity

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While exercising judicial review, the Court should be circumspect in contractual matters as quashing decisions can result in unforeseen economic consequences(26.02.2018)

The Petitioner is aggrieved by the rejection of its bid submitted in response to the Notice Inviting Tender (NIT) for combined station works, includin.....

Tags : Bid, Rejection, Validity

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Power to allow amendment of complaint/suit is wide, mere delay is not a ground for rejecting the amendment(05.06.2018)

Present appeal has been filed by the Appellant/complainant challenging the impugned order passed by Maharashtra State Consumer Disputes Redressal Comm.....

Tags : Impleadment, Amendment, Rejection, Validity

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NCLT or NCLAT are not empowered under IBC, 2016 to reverse commercial decision of CoC(05.02.2019)

Appeals was against impugned order of NCLAT and High Court dismissing appeal filed by Appellant observing that, requirement of approval of resolution .....

Tags : Rejection, Resolution plan, Legality

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