Search Results for Tag : Validity
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
read»
News
Centre Extends Validity of Driving Licences, Registrations, Fitness Certificates & Permits(01.04.2020)
Ministry of Road Transport and Highways has extended the validity of documents like driving licenses, permits and registration that expired since 1st .....
Tags : Ministry of Road Transport and Highways, Validity of Documents
read»
Kerala High Court Extends Validity of All Interim Orders Till February 21 Amid COVID-19 Surge(19.01.2022)
Kerala High Court has extended the life of all interim orders passed by all courts and tribunals falling under the supervisory jurisdiction of the Hig.....
Tags : Kerala High Court, Validity of All Interim Orders
read»
Supreme Court Upholds Validity of OBC quota in NEET Admissions(21.01.2022)
Supreme Court has upheld the constitutional validity of quota for Other Backward Classes candidates in National Eligibility cum Entrance Test’s (NEET).....
Tags : Supreme Court, Validity of OBC quota
read»
SC Issues Notice in Plea Challenging Constitutional Validity of S. 18 of Transgender Act(21.01.2022)
Supreme Court has issued notice to the Union Government in a writ petition filed challenging the Constitutional validity of Section 18 of the Transgen.....
Tags : Supreme Court, Constitutional Validity of S. 18 of Transgender Act
read»
SC Upholds Constitutional Validity of Section 3A(3) HPMVT Act(16.01.2023)
Supreme Court has upheld the constitutional validity of levy of additional special road tax under Section 3A(3) of Himachal Pradesh Motor Vehicles Tax.....
Tags : Supreme Court, Constitutional Validity, HPMVT Act
read»
Tel. HC: Constitutional Validity of Section 38(2) of RP Act and Rule 5.7.1 of ECI’s Handbook Upheld(01.03.2024)
Telangana High Court has upheld the constitutional validity of Section 38(2) of the Representation of the People Act, 1951 (RP Act) and Rule 5.7.1 of .....
Tags : Telangana High Court, Section 38(2) of RP Act, Election Commission of India, Constitutional Validity
read»
Centre Extends Validity of Driving Licences, Registrations, Fitness Certificates & Permits(25.08.2020)
Ministry of Road Transport and Highways has extended the validity of documents like driving licenses, permits and registration that expired since 1st .....
Tags : Ministry of Road Transport and Highways, Validity of Driving Licences
read»
Del. HC: Proprietor of TM Must Establish Valid Registration to Claim Relief Against Infringement(18.08.2023)
Delhi High Court has held that as per Section 28(1) of Trade Marks Act, in order to enjoy the fruits of registration, whether in the form of a right t.....
Tags : Delhi High Court, Trademark, Registration, Validity
read»
SC: ‘Existence of Arbitration Agreement’ Would Include Aspect of Validity of Arbitration Agreement(16.12.2020)
Supreme Court has held that the expression 'existence of arbitration agreement' in Section 11 of the Arbitration and Conciliation Act, 1996 would incl.....
Tags : Supreme Court, Validity of Arbitration Agreement
read»
Karnataka HC: Validity of Unloading of Goods May be Extended for 8 Hours(17.12.2020)
Karnataka High Court has held that the validity of Unloading of goods after expiry of E-way bill may be extended for 8 hours which reached destination.....
Tags : Karnataka High Court, Validity of Unloading of Goods
read»
Karnataka HC: Validity of Unloading of Goods May be Extended for 8 Hours(17.12.2020)
Karnataka High Court has held that the validity of Unloading of goods after expiry of E-way bill may be extended for 8 hours which reached destination.....
Tags : Karnataka High Court, Validity of Unloading of Goods
read»
Madras HC issues Notice on Plea Challenging Constitutional Validity of Faceless Assessment Scheme(28.10.2021)
Madras High Court has issued the notice to the Centre on plea challenging the constitutional validity of the Faceless Assessment Scheme.
Tags : Madras High Court, Constitutional Validity of Faceless Assessment Scheme
read»
Bom. HC Upholds Constitutional Validity of Goa’s Green Cess Act(22.09.2023)
Bombay High Court has upheld the constitutional validity of Goa’s Green Cess Act and observed that if the State levies a cess/fee upon Petitioners for.....
Tags : Bombay High Court, Green Cess, Validity
read»
MHA Notifies Extension of Validity of Registration Certificates Issued Under FCRA Act(01.10.2021)
Ministry of Home Affairs has notified the extension of the validity of the registration certificates issued under the Foreign Contribution (Regulation.....
Tags : Ministry of Home Affairs, Extension of Validity of Registration Certificates
read»
MP HC: Revenue Authority Does Not Have Power to Determine Validity of Will(25.08.2021)
Madhya Pradesh High Court has held that that a revenue authority does not have the power to determine the validity of a will while considering an appl.....
Tags : Madhya Pradesh High Court, Validity of Will
read»
Gujarat High Court Refuses to Hear Plea Challenging Validity of S.14 SARFAESI Act(25.08.2021)
Gujarat High Court has refused to entertain a plea challenging the vires of Section 14 of the Securitisation and Reconstruction of Financial Assets an.....
Tags : Gujarat High Court, Validity of S.14 SARFAESI Act
read»
Chhattisgarh HC: Validity of Section 148 Notices Issued Between March 1 to June 30 Due to Covid Lockd(06.09.2021)
Chhattisgarh High Court has upheld the validity of the section 148 notices issued between March 1, 2021, to June 30, 2021 without following section 14.....
Tags : Chhattisgarh High Court, Validity of Section 148 Notices
read»
Supreme Court Upholds Validity of Prevention of Money Laundering Act(27.07.2022)
Supreme Court has upheld the provisions of Prevention of Money Laundering Act (PMLA), 2002 which relate to the power of arrest, attachment, and search.....
Tags : Supreme Court, PMLA, Validity, Enforcement Directorate
read»
Del. HC: Plea of Invalidity Essential to Challenge Validity of Mark U/S 124 of TM Act(06.11.2023)
Delhi High Court has held that for Section 124(1) of Trade Mark Act, to apply in a case where plaintiff seeks to challenge validity of the defendant’s.....
Tags : Delhi High Court, Trade Mark, Validity
read»
SC Upholds Validity of IBC Provisions Relating to Personal Guarantors(09.11.2023)
Supreme Court has upheld the constitutional validity of IBC provisions (Section 95 to Section 100) relating to Personal Guarantors Insolvency Resoluti.....
Tags : Supreme Court, IBC, Constitutional Validity, Personal Guarantors
read»
Allahabad High Court: Section 164(2) of Companies Act is Constitutionally Valid(21.01.2020)
Allahabad High Court has upheld the constitutional validity of Section 164(2) of the Companies Act, 2013, which stipulates that a Director whose compa.....
Tags : Allahabad High Court, Constitutional Validity, Section 164 (2) Companies Act, 2013
read»
Supreme Court Upholds Constitutional Validity of SC/ST Amendment Act, 2018(10.02.2020)
Supreme Court has upheld the constitutional validity of Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018 that ruled ou.....
Tags : Supreme Court, Constitutional Validity, SC/ST
read»
SC Refuses to Entertain Plea Challenging Validity of Religious Conversion Laws(04.02.2021)
Supreme Court has refused to entertain a plea challenging the validity of controversial laws enacted by states, including Uttar Pradesh and Uttarakhan.....
Tags : Supreme Court, Validity of Religious Conversion Laws
read»
SC to Solicitor General: Provide Data on No. of People Benefitted from S.6A of Citizenship Act(06.12.2023)
Supreme Court while hearing pleas challenging the constitutional validity of Section 6A of the Citizenship Act, 1955, has asked Solicitor General of I.....
Tags : Supreme Court, Citizenship Act, Section 6A, Constitutional Validity
read»
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
read»
Madras High Court Issues Notice on Plea Challenging Constitutional Validity of RP Act(11.01.2021)
Madras High Court has issued notices to the Centre and Election Commission of India (ECI) on a Petition challenging the constitutional validity of Sec.....
Tags : Madras High Court, Constitutional Validity of Representation of Peoples Act, 1951
read»
Del. HC Upholds Validity of Section 115BBE of Income Tax Act(29.12.2023)
Delhi High Court while observing that Statutory Acts and their provisions are not to be declared unconstitutional on the fanciful theory that power wo.....
Tags : Delhi High Court, Constitutional Validity, Income Tax Act
read»
Supreme Court Rejects Aadhaar Review Plea in 4:1 Verdict(21.01.2021)
Supreme Court has dismissed a petition seeking re-examination of its 2018 verdict by which the Aadhaar Act, 2016 was declared valid and constitutional.....
Tags : Supreme Court, Validity of Aadhar Act, 2016
read»
Madras HC to Suo Motu Test Constitutional Validity of Section 36B of Advocates Act, 1961(02.03.2020)
Madras High Court has decided to suo moto consider the validity of Section 36B of the Advocates Act, 1961, in as much as it stipulates that in case a .....
Tags : Madras High Court, Constitutional Validity of Section 36B of The Advocates Act
read»
SC Asks Madras HC to Decide Constitutional Validity of Section 40(a)(iib) of Income Tax Act(26.11.2020)
Supreme Court has directed the Madras High Court to decide the constitutional validity of Section 40(a)(iib) of the Income Tax Act, 1961.
Tags : Supreme Court, Constitutional Validity of Section 40(a)(iib) of Income Tax Act
read»
SEBI Extends IPO Nod Validity by Six Months(22.04.2020)
Securities and Exchange Board of India has extended the validity of regulatory nod for launching initial public offer (IPO) and rights issue by six mo.....
Tags : Securities and Exchange Board of India, IPO Nod Validity
read»
SC Upholds Constitutional Validity of Section 43B(f) of Income Tax Act(27.04.2020)
Supreme Court has upheld the constitutional validity of clause (f) of Section 43B of the Income Tax Act, 1961, reversing the judgment of the Calcutta .....
Tags : Supreme Court, Constitutional Validity of Section 43B(f) of Income Tax Act
read»
Madras High Court Quashes Order Shortening Validity of Karti Chidambaram's Passport(04.03.2022)
Madras High Court has held that when an application is made for the renewal/ re-issue of a passport, the authority cannot shorten the duration or vali.....
Tags : Madras High Court, Validity of Karti Chidambaram's Passport
read»
CESTAT Grants Partial Relief To Bata On Issue Of Denial Of CENVAT Credit(07.01.2022)
Karnataka High Court upheld the validity of Section 54(3) of the CGST Act refers to the refund of unutilized Input Tax Credit (ITC). The Section is en.....
Tags : Karnataka High Court, Validity, CGST Act
read»
SC: NGT Could Not Decide Upon and Strike Down Validity of Law(14.04.2021)
Supreme Court has observed that the National Green Tribunal (NGT) could not decide upon and strike down the validity of a law in a plea pertaining to .....
Tags : Supreme Court, National Green Tribunal, Validity of Law
read»
SC Upholds Validity of Kerala Motor Vehicle Rules Which Empowers State to Reject Permit Replacement(18.02.2022)
Supreme Court has upheld the validity of one of the provisions of the Kerala Motor Vehicles Rules, 1989 which empowers the State transport authority t.....
Tags : Supreme Court, Validity of Kerala Motor Vehicle Rules
read»
Kerala High Court Extends Validity of All Interim Orders Till March 16(23.02.2022)
Kerala High Court has extended the life of all interim orders passed by the High Court and all courts and tribunals falling under the supervisory juri.....
Tags : Delhi CourtKerala High Court, Validity of All Interim Orders, Restoration of Temples, Qutub Minar Complex
read»
Orissa High Court Upholds Validity of Odisha Universities (Amendment) Act, 2020(31.01.2022)
Orissa High Court has held that in the absence of legislation by the central government under Entry 25 List III, the subordinate legislation under Ent.....
Tags : Orissa High Court, Validity of Odisha Universities (Amendment) Act, 2020
read»
CBIC Issues Circular Extending Validity of Authorized Economic Operator Certificates(27.05.2021)
Central Board of Indirect Taxes and Customs (CBIC) has issued a circular where the validity of the Authorized Economic Operator (AEO) is extended so a.....
Tags : Central Board of Indirect Taxes and Customs, Validity of Authorized Economic Operator Certificates
read»
Constitutional Validity of S. 71(3A) of IT Act Upheld by Delhi High Court(03.06.2024)
Delhi High Court has upheld the constitutional validity of Section 71(3A) of the Income Tax Act, 1961 which was added by Section 31 of the Finance Act.....
Tags : Delhi High Court, Constitutional Validity, Income Tax Act, 1961
read»
Madras HC Disposes of Petition Assailing Validity of Amendment Law Officer Appointment Rules(17.06.2021)
Madras High Court has disposed of a petition filed assailing the validity of an amendment that was made to the rules under the Law Officers of High Co.....
Tags : Madras High Court, Validity of Amendment Law Officer Appointment Rules
read»
Ministry of Road Transport and Highways Issues Advisory for Extension of Validity of Documents(18.06.2021)
Ministry of Road Transport And Highways has issued an advisory declaring extension of validity of documents related to the Motor Vehicles Act, 1988 an.....
Tags : Ministry of Road Transport And Highways, Advisory for Extension of Validity of Documents
read»
Kerala High Court Extends Validity of All Interim Orders Till June 29(18.06.2021)
Kerala High Court has extended the validity of interim orders passed by this Court till June 29 2021, owing to continuation of lockdown in the State t.....
Tags : Kerala High Court, Extension of Validity of Orders
read»
Delhi HC Issues Notice on Plea Challenging Constitutional Validity of IT Rules(08.07.2021)
Delhi High Court has issued a notice to the Central Government on a plea moved by Press Trust of India (PTI), challenging the constitutional validity .....
Tags : Delhi High Court, Constitutional Validity of IT Rules
read»
SC Upholds Constitutional Validity of Section 140(5) Companies Act 2013(04.05.2023)
Supreme Court while upholding the constitutional validity of Section 140(5) of the Companies Act, 2013, and observed that application/proceedings unde.....
Tags : Supreme Court, Constitutional Validity, Companies Act
read»
SC: Validity of Sale Deed Executed b/w co-defs. Can’t be Decided in Plaintiff’s Suit for Possession(08.05.2023)
Supreme Court has held that in plaintiff’s suit for possession, validity of sale deed executed between the defendants cannot be considered as it would.....
Tags : Supreme Court, Sale Deed, Validity, Co-Defendants
read»
Bom. HC: Constitutional Validity of UGC Regulations on Open and Distance Learning, Upheld(09.07.2024)
Bom HC has upheld constitutional validity of UGC (Open & Distance Learning Programmes & Online Programmes) Regulations, 2020 that require universities.....
Tags : Bombay High Court, UGC Regulations, Constitutional Validity, Distance Learning
read»
Delhi HC Seeks Delhi Govt's Reply in Plea Challenging Validity of Delhi Minorities Commission Act(30.07.2020)
Delhi High Court has directed the Delhi Government to file a reply in a plea challenging the validity of the Delhi Minorities Commission Act, 1999.
Tags : Delhi High Court, Validity of Delhi Minorities Commission Act
read»
Uttarakhand HC Issues Notice on PIL Challenging Validity of Bar Council of Uttarakhand Rules(30.07.2021)
Uttarakhand High Court has issued notice to the Bar Council of Uttarakhand, the Bar Council of India, the Union and the State government on a Public I.....
Tags : Uttarakhand High Court, Validity of Bar Council of Uttarakhand Rules
read»
Kerala High Court Quashes Administrative Tribunal's Order to Extend PSC Rank List Validity(04.08.2021)
Kerala High Court has quashed an order issued by the Kerala Administrative Tribunal (KAT) extending the validity of the Last Grade Servants (LGS) in S.....
Tags : Kerala High Court, Extend PSC Rank List Validity
read»
Bombay HC Upholds Validity of Section 13(8)(b) and Section 8(2) of IGST Act(09.06.2023)
Bombay High Court has upheld the validity of Section 13(8)(b) and Section 8(2) of Integrated Goods and Service Tax Act, 2017 which deal with place of .....
Tags : Bombay High Court, IGST, Validity, Upheld
read»
Bombay HC: Constitutional Validity of Regulation Setting Out Qualification to Obtain CoP, Upheld(09.08.2024)
Bom. HC has upheld constitutional validity of Regulation 10 of Institute of Actuaries of India Regulations, 2017 that sets out the qualification requi.....
Tags : Bombay High Court, Constitutional Validity, Certificate of Practice
read»
Supreme Court Refuses to Extend Validity Period of Cheques(15.07.2020)
Supreme Court has refused to extend the period of validity of a cheque, while holding that a decision on the same may be taken by the Reserve Bank of .....
Tags : Supreme Court, Validity Period of Cheques
read»
Calcutta HC Issues Notice on Plea Challenging Validity of Taxation and Other Laws Act, 2020(19.07.2021)
Calcutta High Court has issued notice on a plea challenging the constitutional validity of the provisions of The Taxation and Other Laws (Relaxation a.....
Tags : Calcutta High Court, Validity of Taxation and Other Laws Act, 2020
read»
Supreme Court: Constitutional Validity of Section 6A of Citizenship Act, 1955 Upheld(17.10.2024)
Supreme Court has upheld the constitutional validity of Section 6A of Citizenship Act, 1955 that grants citizenship to immigrants who entered India be.....
Tags : Supreme Court, Constitutional Validity, Citizenship Act, Section 6A
read»
Supreme Court Upholds Constitutional Validity of UP Madarsa Education Act, 2004(05.11.2024)
SC while setting aside Allahabad High Court’s judgement that struck down the UP Board of Madarsa Education Act, 2004, has upheld the constitutional va.....
Tags : Supreme Court, Madarsa Education Act, Constitutional Validity
read»
Del. HC: ‘Residence of Delhi’ as Mandatory Condition for Becoming Civil Defence Volunteer is Valid(23.05.2023)
Delhi High Court has upheld that constitutional validity of Delhi Government’s order that made “resident of Delhi” as mandatory condition to become el.....
Tags : Delhi High Court, Civil Defence Volunteer, Residence, Mandatory, Validity
read»
Del. HC Uphelds Constitutional Validity of Rule 4 of Delhi High Court (Original Side) Rules, 2018(27.08.2024)
Delhi High Court has upheld the constitutional validity of Rule 4, Chapter VII of the Delhi High Court (Original Side) Rules, 2018 which makes it mand.....
Tags : Delhi High Court, Constitutional Validity, Written Statement
read»
Notifications & Circulars
Authorized Economic Operator Programme(19.08.2015)
The Central Board of Excise and Customs notified that the validity of the Authorized Economic Operator certificate shall be for a period of five years.....
Tags : Customs, authorised economic operator, certificate, validity
read»
TRAI releases consultation paper on "Validity Period of Tariff Offers"(13.05.2021)
1. The Telecom Regulatory Authority of India (TRAI) has today released a Consultation Paper on "Validity period of Tariff Offers".
2. The TRA.....
Tags : Consultation paper, Validity period, Tariff Offers
read»
Ministry of Micro, Small and Medium Enterprises Extends Validity of Udyog Aadhaar Memorandum from 31st March, 2021 to 31st December, 2021(17.06.2021)
Ministry of Micro, Small and Medium Enterprises has issued an amendment to the original notification No. S.O. 2119 (E) dated 26.06.2020 vide 2347(E) d.....
Tags : Validity, Extension, Udyog Aadhaar
read»
Director General of Foreign Trade extends the validity of ANFs and Appendices notified under Foreign Trade Policy (2015-20) till 31st May, 2023(11.04.2023)
In exercise of powers conferred under paragraphs 1.03 and 2.04 of the Foreign Trade Policy, 2023, the Director General of Foreign Trade hereby extends.....
Tags : Validity, ANFs, Extension
read»
Extension of the validity of documents related to Motor Vehicles Act, 1988 and Central Motor Vehicle Rules, 1989 till 31st Oct, 2021(30.09.2021)
The Ministry of Road Transport and Highways had issued advisories dated 30th March, 2020, 9th June, 2020, 24th Aug 2020, 27th Dec 2020, 26 March 2021 .....
Tags : Extension, Validity, Documents
read»
Extension of validity of Directions under Section 35A of the Banking Regulation Act, 1949 (AACS) - Indian Mercantile Co-operative Bank Ltd., Lucknow (U.P.)(25.10.2022)
The Reserve Bank of India (RBI) has extended the directions issued to the Indian Mercantile Co-operative Bank Ltd., Lucknow (U.P.) for a period of thr.....
Tags : Extension, Validity, Directions
read»
Extension of validity of Pre-shipment Inspection Agencies(11.04.2019)
In exercise of powers conferred under paragraph 2.04 of the Foreign Trade Policy (2015-20), the Director General of Foreign Trade in relaxation of the.....
Tags : Pre-shipment Inspection, Extension, Validity
read»
Extension of validity of Directions under Section 35A of the Banking Regulation Act, 1949 (AACS)- Indian Mercantile Co-operative Bank Ltd., Lucknow (U.P)(25.01.2023)
The Reserve Bank of India (RBI) has extended the directions issued to the Indian Mercantile Co-operative Bank Ltd., Lucknow (U.P) for a period of thre.....
Tags : Extension, Validity, Directions
read»
Validity of motor vehicle documents further extended till 30th September, 2020(09.06.2020)
Union Minister for Road Transport & Highways and MSMEs Shri Nitin Gadkari today announced further extension of the validity date of motor vehicle docu.....
Tags : Validity, Motor vehicle documents, Extension
read»
Central Government extend the validity of the notification issued vide number S.O. 345(E), dated the 17th January, 2019 for a further period of one year(18.02.2020)
S.O.750(E).--WHEREAS, the Central Government in the erstwhile Ministry of Environment, Forest and Climate Change, in exercise of the powers conferred .....
Tags : Validity, Notification, Extension
read»
Telecom Consumers Protection (Tenth Amendment) Regulations (TCPR), 2016(19.08.2016)
The Telecom Regulatory Authority of India (TRAI) released The Telecom Consumers Protection (Tenth Amendment) Regulations, 2016 for permitting Special .....
Tags : Special Data Vouchers, longer validity, Regulations
read»
Extension of validity of Pre-Shipment Inspection Agencies(29.09.2020)
In exercise of powers conferred under paragraph 1.03 read with paragraph 2.04 of the Foreign Trade Policy (2015-20), the Director General of Foreign T.....
Tags : Extension, Validity, Pre-Shipment
read»
International Cases
A person’s physical liberty is a fundamental right protecting physical security of an individual(06.12.2016)
Present case originated in an application against Russian Federation lodged with Court under Article 34 of Convention for the Protection of Human Righ.....
Tags : Psychiatric examination, Involuntary, Validity
read»
If Police Cannot Lawfully Arrest and Detain a Person for a Relatively Short Time, Ability of Police to Perform their Duty Would be Severely Hampered(15.02.2017)
Four appellants were part of a larger group of claimants, but it was agreed before the Court of Appeal that their cases should be treated as test case.....
Tags : Detention, Validity, Police, Power
read»
Difference of treatment is inherent in change in law, if it were to be objectionable discrimination, it would be impossible to change law(14.12.2016)
Appellant sentenced in the Crown Court for offences of serious violence. At the time, when Appellant was sentenced, the statutory scheme for sentencin.....
Tags : Sentence, Validity, Change in law, Applicability
read»
Employee must resign in response to the breach; an employee must make up his mind regarding resignation soon after the conduct of which he complains(03.01.2017)
Claimant was employed as a full-time sales assistant in the respondent’s premises in Enniskillen. She was employed from 20 April 2012 until her resig.....
Tags : Dismissal, Trust, Breach, Validity
read»
Person asserting breach must show that, there are substantial grounds for believing that he faces real risk of being subjected to treatment contrary to Article 3 of Convention(28.06.2017)
Respondent was convicted by District Court of Taipei of driving under influence of alcohol, negligent manslaughter and leaving scene of an accident. P.....
Tags : Extradition, Validity, Convention, Compliance
read»
Summary judgment should be awarded only in clearest of cases, where one party can demonstrate that, question will certainly be resolved in their favour(20.10.2017)
The primary judge granted summary judgment to the Deputy Commissioner of Taxation in two actions brought against the Appellants. The actions had been .....
Tags : Assessment, Validity, Estoppel
read»
Where offences occur on separate occasions and involve separate transactions, cumulative sentences will generally be called for unless the totality principle requires another approach(12.12.2017)
In instant case, the Appellant was sentenced in the Fremantle Magistrates Court to a total effective sentence of 4 years' imprisonment in respect of 4.....
Tags : Conviction, Sentence, Validity
read»
Fact that, an error has been made in sentencing does not automatically mean that sentencing discretion should be exercised afresh(30.05.2018)
The Appellant appealed from the sentences imposed for the burglary, trespass and breach of bail offences. Sole ground of appeal was that, the learned .....
Tags : Sentence, Imposition, Validity
read»
Sentencing is a discretionary exercise, an Appellate Court can intervene only if Appellant demonstrates either an express or implied material error(19.09.2018)
The Appellant appeals against his sentence of 4 years' immediate imprisonment imposed on his conviction, on his pleas of guilty, to one count of posse.....
Tags : Conviction, Sentence, Validity
read»
An appeal to present Court is not an opportunity to revisit question of appropriate sentence(07.12.2018)
The Appellant pleaded guilty to three offences. He was sentenced to 7 years' imprisonment on count 1, attempting to possess methylamphetamine with int.....
Tags : Conviction, Sentence, Validity
read»
A Court may impose one penalty in respect of multiple federal offences that are joined in same information, complaint or summons(02.10.2018)
On 8 September 2016, the Appellant was convicted in the Magistrates Court for importing prohibited imports, namely 'ice pipes'. The ice pipes were imp.....
Tags : Sentence, Quantum, Validity
read»
An application to rescind can in certain limited circumstances be made to Court at first instance. It should not be made to the Court of Appeal.(16.01.2019)
Present is an appeal brought by AB, the Appellant, in relation to an order dated 14 June 2018 of His Honour Judge sitting in the High Court granting a.....
Tags : Divorce, Decree, Validity
read»
Spent conviction orders are not made, when public interest is involved(17.04.2019)
The Appellant seeks leave to appeal against penalties imposed upon him following his conviction of road traffic offences. The penalties were imposed b.....
Tags : Public interest, Conviction, Validity
read»
Inferences could be drawn at trial only where Section was invoked(17.09.2018)
Matter Arising out of an incident which occurred on the 3rd June, 2009, Mr. Wilson, the Appellant, was arrested on suspicion of the unlawful possessio.....
Tags : Offence, Trial, Conviction, Validity
read»
Judicial pension scheme is not based upon individual appointments only; it includes a number of different appointments(16.12.2019)
Issue in present appeal is when time starts to run for a claim by a part-time judge to a pension under the Part-time Workers’ Directive, as applied by.....
Tags : Pension, Unequal treatment, Validity
read»
For a document to constitute a Will, it is necessary that there be cogent evidence that the document embodied the deceased's testamentary intentions(23.01.2020)
The plaintiff, Daniel John Crisp, asks the Court to declare that, the document dated 21 May 2009 signed by the deceased constitutes the last will of t.....
Tags : Intention, Last will, Validity
read»
Sentencing is a discretionary exercise. An Appellate Court can intervene, only if, Appellant demonstrates either an express or implied error(27.06.2018)
The Appellant seeks an extension of time within which to appeal and leave to appeal a total sentence of 22 months immediate imprisonment imposed by a .....
Tags : Conviction, Sentence, Validity
read»
Function of Court is to determine whether there is a genuine dispute, Courts are not expected to undertake an extended inquiry or to weigh the merits of the dispute(27.02.2020)
The Plaintiffs filed an application pursuant to Section 459G and Section 459H of the Corporations Act, 2001 to set aside a statutory demand served by .....
Tags : Dispute, Existence, Statutory demand, Validity
read»
Offence of aggravated burglary attracts a term of immediate imprisonment(04.04.2018)
The Appellant appeals against the suspended term of imprisonment imposed upon him on his conviction, following his plea of guilty, of an offence of ag.....
Tags : Home burglary, Sentence, Validity
read»
Mere conflict amongst trustees themselves is not a sufficient reason for the removal of a trustee at the suit of another(23.10.2020)
Present appeal concerns the removal of the Appellant, Mr Warren Fletcher, as a trustee of the McNair Family Trust (the Trust) at the instance of the R.....
Tags : Trustee, Removal, Validity
read»
Sentencing is a discretionary exercise, an appellate court can only intervene, if the Appellant demonstrates either an express or implied material error(15.03.2022)
The Appellant was sentenced to a total effective sentence of 8 years 11 months' imprisonment. The appellant now appeals against his sentence. His sole.....
Tags : Conviction, Sentence, Validity
read»
To extend the tender validity period, the consent of all the participants to the tender process is required(03.06.2022)
In March 2020, the Appellant, the City of Ekurhuleni Metropolitan Municipality (the Municipality), published an invitation to tender under reference P.....
Tags : Tender, Validity period, Consent
read»
Registration is a privilege which has significant economic advantages, but it is subject to stringent conditions and risk of cancellation(13.06.2018)
Present appeal raises a short question on the operation by the Respondent Commissioners (“HMRC”) of the Construction Industry Scheme under the Finance.....
Tags : Registration, Cancellation, Validity
read»
An appellate Court may only interfere with the sentencing discretion of the trial court on limited grounds(26.09.2022)
Present appeal is against the substituted sentence of the Northern Cape Division of the High Court, Kimberley (the high court) of the sentence imposed.....
Tags : Sentence, Imposition, Validity
read»
Every disposition made after the commencement of the winding-up is void, unless the court had ordered otherwise(13.10.2022)
The appeal addressed the remuneration of fees of business rescue practitioners in respect of work performed after an application to convert business r.....
Tags : BRP, Payment, Validity
read»
As the blocking orders were still extant at the time of the winding-up of the companies, it is competent for the Reserve Bank to issue the relevant forfeiture orders(23.01.2023)
The Reserve Bank issued three separate forfeiture orders relating to the monies standing to the credit of Sun Candle Products (Pty) Limited (Sun Candl.....
Tags : Liquidation, Forfeiture orders, Validity
read»
A party was bound by their pleadings and ordinarily, they would not be allowed to raise a different or fresh case without a due amendment(03.05.2023)
The Respondent (Mr. Gqamane) was arrested without a warrant for allegedly assaulting the complainant. A charge of assault with intent to commit grievo.....
Tags : Arrest, Discretion, Validity
read»
Non-fulfilment of the suspensive conditions renders the contract void ab initio(26.01.2024)
Present is an appeal against the judgment and order of the Gauteng Division of the high court, sitting as a court of first instance. The matter concer.....
Tags : Clause, Agreement, Validity
read»
The Commissioner may initiate a complaint against an alleged prohibited practice(14.02.2018)
Present is an application for a dismissal of a complaint referral brought at the instance of the third respondent Omnia Fertilizer Limited ("Omnia"). .....
Tags : Compliant Referral, Tacit initiation, Validity
read»
A pre-sentence order cannot be made if, at the time it is made, a sentence of immediate imprisonment is the only appropriate sentencing option(22.01.2019)
Present is a State appeal against the imposition of a pre-sentence order. The appeal is brought pursuant to Section 24(1)(a) of the Criminal Appeals A.....
Tags : Pre-sentence order, Imposition, Validity
read»
Court’s discretion to determine that by whom and to what extent the costs of proceedings are to be paid must be exercised judicially(25.01.2018)
In facts of present case, the Respondent is the operator of a caravan park. The Appellants and the Respondent entered into a tenancy agreement in resp.....
Tags : Cost, Payment, Validity
read»
Mere fact of agreeing to an oral variation is not a contravention of the clause(16.05.2018)
In facts of present case, MWB Business Exchange Centres Ltd operates serviced offices in central London. On 12 August 2011, Rock Advertising Ltd. ente.....
Tags : Oral agreement, Variation, Validity
read»
Officer of the Department or an agent of Chief Executive Officer (CEO) may serve a Notice on his behalf without a formal written delegation from CEO(25.05.2018)
In instant case, the Respondent was charged with offence of driving a motor vehicle whilst not being a person authorised to do so, for the reason that.....
Tags : Power, Delegation, Acquittal, Validity
read»
An appeal Court cannot intervene simply on basis that, it might have exercised discretion differently(16.05.2017)
In facts of present case, on 1st September 2016, Appellant was convicted after a trial in Magistrates Court of five offences of stealing as a servant .....
Tags : Spent conviction, Denial, Validity
read»
A conviction based on a plea of guilty may be set aside on basis that, an Appellant satisfies the Court that, he had an arguable defence with a reasonable prospect of success(29.06.2018)
In the instant case, Mr Granato was charged with importing a firearm accessory into Australia in contravention of Commonwealth law. He appeared before.....
Tags : Conviction, Validity, Arguable defence
read»
Judgments
Departmental Enquiry cannot be proceeded/continued after attaining superannuation age in absence of any provision Withholding of the gratuity can therefore be only if there be the provisions for withh(01.08.2016)
It is the case of the petitioner that he has rendered more than 32 years of service with unblemished record. His performance has been appreciated by R.....
Tags : Departmental enquiry, Validity, Superannuation age
read»
Departmental Enquiry cannot be proceeded/continued after attaining superannuation age in absence of any provision(01.08.2016)
Withholding of the gratuity can therefore be only if there be the provisions for withholding it in the Act or if there being any service condition .....
Tags : Departmental enquiry, Validity, Superannuation age
read»
Once option is given, same cannot be withdrawn, notwithstanding this clause, employees had a right to withdraw offer during validity period but not thereafter(29.08.2016)
Appellant Corporation obtained permission for winding up of appellant’s Corporation due to losses. Considering closure of Corporation, a Scheme called.....
Tags : Voluntary Retirement, Reinstatement, Validity
read»
Penalty not imposable in absence of determination of duty(04.11.2016)
Appellant is a dealer for dealing in plastic granules and also as have manufacturing unit for manufacturing PP bags. During course of audit, it was no.....
Tags : Penalty, Levy, Validity
read»
Sanction cannot be held invalid only for reason that in administrative notings different authorities have opined differently(18.10.2016)
Appellant is an officer of cadre of Indian Revenue Service ("IRS"), who entered into service through 1992 batch. An FIR was registered by Central Bure.....
Tags : Sanction, Validity
read»
Unless proved contrary, service of notices sent properly addressed, prepaid and by registered post would be deemed to be proper service.(17.10.2016)
Instant appeal filed by Appellants aggrieved against order passed by Additional District Judge, whereby, application filed by Appellants under Order I.....
Tags : Ex-parte order, Validity, Notices, Service
read»
Public interest of fair trial outweigh personal interest, when there is possibility of interdicting fair trial by accused if released on bail(24.11.2016)
High Court granted bail to Respondent during pendency of trial against Respondent facing charges under Sections 376, 420/34, 366-A, 370, 370-A, 212, 1.....
Tags : Bail, Grant, Validity
read»
Contradictory statement by a person in judicial proceeding not always sufficient to justify prosecution(23.11.2016)
Instant appeal challenged legality of proceedings under Section 340 of Code of Criminal Procedure, 1973 initiated by High Court. Appeal before High Co.....
Tags : Pre-condition, Complaint, Validity
read»
Minor discrepancies not to be given undue emphasis and evidence is to be considered from point of view of trustworthiness(10.11.2016)
Accused was charged with commission of offence under Section 20(b) (ii)(C) of Narcotic Drugs & Psychotropic Substances Act, 1985, wherein he pleaded n.....
Tags : Acquittal, Validity, Charas, Recovery
read»
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
read»
Effect of Enactment can be determined by Competent Court only when approached by owner in accordance with law(03.01.2017)
Prayer in present writ petition is for an order restraining Respondent No. 1 from making any encroachment on Petitioner’s colony and from dispossessin.....
Tags : Encroachment, Dispossession, Validity
read»
Passengers cannot be examined every case; non-examination of passengers will not affect disciplinary proceedings(06.01.2017)
Petitioner is aggrieved by the judgment of Industrial Court, by which, his Complaint has been dismissed and punishment of reduction of pay by three st.....
Tags : Punishment, Imposition, Validity
read»
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
read»
Intention of members of unlawful assembly can be gathered by nature, number and location of injuries inflicted(27.01.2017)
In facts of present case, Appellant was sentenced to undergo rigorous imprisonment for life for offence punishable under Section 302 of Indian Penal C.....
Tags : Conviction, Validity, Unlawful assembly
read»
Designated officer dealing externment proceedings has to record opinion that, witnesses not willing to give evidence in public(02.02.2017)
Instant Petition filed for quashing and setting aside of impugned orders passed by Ld. Divisional Commissioner, Aurangabad and Sub Divisional Officer,.....
Tags : Proceedings, Externment, Validity
read»
Employer has to judge suitability of services of probationer; Court cannot substitute its decision for that of employer(31.01.2017)
By this writ petition, Petitioner impugns order of the Delhi School Tribunal, by which Delhi School Tribunal dismissed appeal filed by Petitioner agai.....
Tags : Service, Termination, Validity
read»
Transaction which is recorded in defiance of prohibitory order shall have to be branded as illegal, if not void(10.03.2017)
In facts of present case, Petitioner is objecting to decision rendered by Debts Recovery Appellate Tribunal. Petitioner is purchaser of flat. The flat.....
Tags : Deed, Transaction, Validity
read»
A bidder who, submits a bid being fully aware of tender conditions, cannot after award of tender, seek a modification therein(16.03.2017)
Petitioner impugns the directions of Respondent in banning Petitioner for a period of three years from entering into any business dealings with Respon.....
Tags : Directions, Ban, Validity
read»
Superior courts while exercising their power of judicial review must act with restraint when dealing with contractual matters(01.03.2017)
Instant Civil Appeals are against the judgment of Division Bench of Orissa High Court, whereby Writ Petition, filed by consortium comprising of M/s Ka.....
Tags : Bidding, Acceptance, Validity
read»
Accused committed murder of pregnant daughter sentenced to undergo imprisonment for life(28.02.2017)
Instant criminal appeal arises from judgment and final order passed by High Court of Karnataka wherein High Court has set aside order of acquittal pas.....
Tags : Sentence, Reduction, Validity
read»
Process of appointment of Judges by the Collegium system need not remain on hold(01.03.2017)
In facts of present case, writ petition filed by Petitioner was dismissed by Single Judge observing that, a High Court cannot declare Supreme Court’s .....
Tags : Collegium, Appointment, Validity
read»
Criminal defamation provisions to stay(13.05.2016)
The Supreme Court upheld the constitutional validity of Sections 499 and 500 of the Indian Penal Code and Section 199 CrPC, provisions that deal with .....
Tags : criminal defamation, constitutional validity, misuse
read»
Disputes and liabilities between parties need to be adjudicated, based upon partnership deed(03.04.2017)
Appellant-Original Defendant has filed Appeal and prayed to quash and set aside impugned Judgment passed by Single Judge. In facts of present case, Ap.....
Tags : Partnership, Recovery, Validity
read»
Principles of natural justice are to be followed, when civil right of person already appointed or employed are affected(31.03.2017)
By present petition filed under Article 226 of Constitution of India, Petitioner questions order/communication issued by Chancellor, Rashtrasant Tukdo.....
Tags : Complaint, Appointment, Validity
read»
In passing off, defendant could escape liability if it can be shown that added matter was sufficient to distinguish his goods from those of Plaintiff(28.02.2017)
An order of injunction passed in Trade Mark Suit filed by Respondents temporarily restraining Appellant from using trade mark or trade name “City Coll.....
Tags : Injunction, Validity, Passing off
read»
Few isolated incidents of long past; that too condoned due to compromising behavior of parties cannot constitute act of cruelty(08.03.2017)
Instant appeals are filed by Appellant (wife) against judgment passed by High Court of Delhi by which the High Court dismissed appeals filed by Appell.....
Tags : Divorce, Grant, Validity
read»
A Court cannot make a new case, not made out by parties in their pleadings(03.04.2017)
Instant revisional application under Article 227 of Constitution of India, at instance of pre-emptor in a proceeding for pre-emption under West Bengal.....
Tags : Suit, Pre-emption, Validity
read»
Continuance in service for long period on part-time or temporary basis confers no right to seek regularisation in service(07.03.2017)
Present Civil Appeal arises out of judgment of High Court of Judicature at Madras dismissing Writ Appeal thereby affirming order of Single Judge dire.....
Tags : Regularization, Direction, Validity
read»
Conviction under Section 306 of Indian Penal Code, 1860 can be sustained only on positive act on part of accused to instigate or aid in committing suicide(06.03.2017)
In facts of present case, Applicant submits that, even reading of suicide
note as it is, it does not disclose any grudge and grievance against presen.....
Tags : Mens rea, Proceedings, Validity
read»
A candidate would forfeit claim of admission, if he fails to produce original certificates at specified date and time(27.03.2017)
In instant case, Appellants in both Letter Patent Appeals were denied admission into LL.B. Course by Delhi University on ground that, they failed to s.....
Tags : Admission, Denial, Validity
read»
Immovability of goods is not a criteria for denying credit(24.03.2017)
Appellant is engaged in manufacture of cement. For manufacturing of cement, Appellant requires electricity which is used at various stages of producti.....
Tags : Cenvat Credit, Denial, Validity
read»
Extra consideration received for subject goods in form of subsidy or otherwise has to be treated as part of assessable value(30.03.2017)
Appellant is in appeal against Order-in-Original passed by Commissioner, whereunder various demands along with interest and equivalent penalties have .....
Tags : Demand, Confirmation, Validity
read»
Film is judged in its entirety and is examined in light of period depicted in films and contemporary standards of country(31.03.2017)
Appellant herein is unsuccessful Petitioner. Said writ petition was filed with a prayer to quash certificate granted to movie "MSG 2-The Messenger" an.....
Tags : Certificate, Grant, Validity
read»
Existence of a concluded contract is sine qua non in compensation claim for loss and damages(21.04.2017)
Respondent's Suit for breach of contract and damages was decreed by Principal District Court, in Original Suit for a sum of Rs. 5,25,55,460/- with int.....
Tags : Decree, Damages, Validity
read»
Party complaining breach of contract is entitled to reasonable compensation whether or not actual loss is proved to have been caused(21.04.2017)
Mahanagar Telephone Nigam Limited ('MTNL') has filed present petition under Section 34 of Arbitration & Conciliation Act, 1996 challenging an Award da.....
Tags : Damages, Compensation, Validity
read»
In a passing off case, it is the goodwill which is sought to be misappropriated(10.03.2017)
Instant appeal is against order passed by a learned single Judge, by virtue of the impugned order, granted an interim injunction against Britannia. IT.....
Tags : Trade-dress, Injunction, Validity
read»
When identical lands which are situated nearby are acquired for same purpose, it would not be proper to discriminate between land owners unless there are strong reasons(21.03.2017)
Instant appeals arise out of common judgment passed by High Court of Jammu and Kashmir affirming compensation of Rs. 2,50,000/- per Kanal awarded to A.....
Tags : Acquisition, Compensation, Validity
read»
Power to detain being statutory in nature, its exercise has to be within limitations of statute(24.05.2017)
Appellant assails order of preventive detention of her husband, passed by Respondent No. 2, under Telangana Prevention of Dangerous Activities of Boot.....
Tags : Detention, Validity, Release
read»
For every minor irregularity, a tender is not to be cancelled(20.03.2017)
Present writ petition has been filed challenging termination letter passed by Respondent-IRCTC terminating temporary license awarded to Petitioners fo.....
Tags : Temporary license, Termination, Validity
read»
Guilt of Accused must be proved beyond all reasonable doubts(19.04.2017)
Instant appeal is against judgment passed by High Court, whereby High Court while allowing appeal of Respondent Nos. 1 & 2, set-aside judgment convict.....
Tags : Acquittal, Validity, Evidence, Credibility
read»
Maintenance is dependant on factual situation of case and Court can moulding claim for maintenance based on various factors(19.04.2017)
Challenge in present appeal is to order passed by High Court reviewing an order passed earlier in an application filed under Section 25(2) of Hindu Ma.....
Tags : Maintenance, Enhancement, Validity
read»
Term 'sufficient cause' should be construed liberally but that does not mean every cause should be accepted as sufficient cause(13.04.2017)
Instant application has been taken out by Defendant for recalling of a decree for Rs. 26,54,355.74 along with pendente lite interest at rate of 18 per.....
Tags : Decree, Ex-parte, Validity
read»
Direction to give foot-prints for corroboration of evidence is not violative of protection guaranteed under Article 20 (3) of Constitution(02.05.2017)
Present appeals is against judgment passed by High Court, whereby judgment passed by Additional Sessions Judge, was set aside and Accused-Respondent w.....
Tags : Acquittal, Validity, Circumstantial evidence
read»
Sale could be set aside only when material irregularity or fraud results in causing substantial injury to judgment-debtor(02.05.2017)
Instant appeal is filed by auction purchaser against final judgment passed by High Court of Judicature, Andhra Pradesh whereby High Court allowed appe.....
Tags : Auction, Sale, Validity
read»
A disqualification can be incurred on happening of a particular contingency(01.05.2017)
Present writ petition has been filed questioning constitutional validity of Uttar Pradesh State Legislative (Prevention of Disqualification) (Amendmen.....
Tags : Enactment, Validity, Disqualification
read»
Assessee is eligible for benefit under Section 80 of Finance Act, 1994, where service tax along with interest is paid before issue of show-cause notice(07.06.2017)
Present appeal has been filed by Revenue against impugned order passed by Commissioner whereby Commissioner has dropped penalty under Section 76, 77 a.....
Tags : Penalty, Dropping of, Validity
read»
CESTAT had no jurisdiction to extend time already set down in Customs Broker Licensing Regulations, 2013(23.05.2017)
In fact of present case, Appellant is a Customs Broker holding Customs Broker Licence valid till 2018. Appellant is engaged in customs clearance work .....
Tags : Direction, Notice, Validity
read»
Subjective satisfaction of Detaining Authority and consequent detention order vitiated as it was based on possibility of Petitioner's husband applying for bail again(31.05.2017)
In present writ petition, challenge is to order of detention passed by Joint Secretary to Government of India against husband of Petitioner directing .....
Tags : Detention, Subjective satisfaction, Validity
read»
Government ban on crude palm oil imports through Kerala ports in public interest(21.08.2015)
The Supreme Court held that there existed “sufficient public good” in banning the import of crude palm oil through ports in Kerala. The government had.....
Tags : Import ban, validity, constitutionality, palm oil
read»
An order of dismissal of writ petition on merits would ensue, if no case of breach of a statutory provision is made out(16.06.2017)
In facts of present case, Petitioner has been working as Assistant Accountant of Suri Friend's Union Co-operative Bank Limited, a registered cooperati.....
Tags : Resolution, Termination, Validity
read»
Opinion of one expert cannot be rejected on basis of opinion of another expert unless there is sufficient independent reason for such rejection(19.06.2017)
Appellant imported one set of used offset printing machine along with standard accessories from Benelux International Trading BVBA, Belgium and declar.....
Tags : Valuation, Enhancement, Validity
read»
Mere delay cannot be a ground for discarding entire prosecution case(23.06.2017)
In instant case, Trial Court framed charge against Appellant under Section 9(m) of Act punishable under Section 10 of Protection of Children from Sexu.....
Tags : Conviction, Validity, FIR, Delay
read»
Correct value of clearances intended to nil rate of duty should include value of clearances of one arm factory belonging to same manufacturer(21.06.2017)
Present appeals have been filed against order in original passed by Commissioner of Central Excise. Central Excise officers carried out such operation.....
Tags : Demand, Penalty, Validity
read»
Where primary witnesses itself are reliable, conviction can safely be based on testimony of said witnesses even in absence of corroboration from call records(31.05.2017)
By present appeal, Appellant challenges impugned judgment convicting him for offences punishable under Section 302/201 of Indian Penal Code, 1860 (IPC.....
Tags : Conviction, Evidence, Validity
read»
High Courts should not allow admissions in medical/ dental colleges lacking approval(11.04.2017)
In instant case, Respondent, a dental college, submitted its scheme for grant of permission to start post-graduate course of Orthodontics and Dentofac.....
Tags : Interim order, Validity
read»
When exercising appellate jurisdiction, Supreme Court has power to pass any order(11.04.2017)
Respondent was convicted by trial Court under Sections 302 and 201 of Indian Penal Code, 1860 for having committed murder of his wife and daughter and.....
Tags : Acquittal, Validity, Benefit of doubt
read»
Appointment to post of Secretary by direct recruitment without exhausting channel of transfer on deputation is illegal(10.04.2017)
Petitioners in both writ petitions, who claim to be artists, sought a writ of quo warranto to set aside appointment of Dr. Sudhakar Sharma as Secretar.....
Tags : Appointment, Validity, Rules, Compliance
read»
Concealment of material fact, and active representation that, title to suit lands were good and free from encumbrance, is fraud that results in avoidance of contract(03.07.2017)
Instant appeal questions judgment of a single judge dismissing objections to an arbitration award, preferred by a petition under Section 34 of the Arb.....
Tags : Award, Validity, Facts, Concealment
read»
Central Government is empowered not only to frame rules to regulate grant of reconnaissance permits, prospecting licences or mining leases, but also for purpose connected therewith(27.06.2017)
Present batch of writ petitions is to examine constitutional validity of Rule 64-D of Mineral Concession Rules, 1960, as amended by Government of Indi.....
Tags : Rule, Validity, Additional Royalty, Charge
read»
Capital goods removed from factory should be received back within 180 days and if not received, Appellant is required to reverse the credit availed on such capital goods(29.06.2017)
In facts of present case are that, Appellants had availed CENVAT credit on capital goods and transferred same to their sister unit adjacent to their f.....
Tags : Demand, Penalty, Validity
read»
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
read»
Essence of Section 34 of IPC, is simultaneous consensus of minds of persons participating in criminal action to bring about particular result(25.07.2017)
Present appeals arise out of common judgment and sentence passed by Additional Sessions Judge, Fast Track Court. Trial Court after hearing parties and.....
Tags : Common Intention, Conviction, Validity
read»
Substantive sentences imposed upon Appellant in three separate prosecutions, are to run concurrently(11.07.2017)
In facts of present case, Appellant was a Peon in office of Sub Registrar, Vazhoor. He was alleged to have misappropriated Rs. 92,225/- from public fu.....
Tags : Sentence, Imposition, Validity
read»
Courts can always apply reasonable amount of guesswork to balance equities in order to fix a just and fair market value(07.07.2017)
Present appeals are filed by land owners against final judgment and order passed by High Court of Karnataka, whereby High Court allowed appeals in par.....
Tags : Acquisition, Compensation, Re-determination, Validity
read»
Insurance Company cannot repudiate claim in toto in case of loss of vehicle due to theft(13.07.2017)
Challenge in present Revision Petition under Section 21(b) of Consumer Protection Act, 1986 is to order passed by Maharashtra State Consumer Disputes .....
Tags : Compensation, Payment, Direction, Validity
read»
It is settled law that, what cannot be done directly, cannot be done indirectly(03.07.2017)
Instant Appeal arises from a Writ Petition filed by Manipal University (formerly known as Manipal Academy of Higher Education) and Ors., wherein High .....
Tags : Quota, Direction, Validity
read»
For specific performance of contract, Plaintiff is required to prove readiness and willingness to perform his part of obligations under contract(06.07.2017)
Present First Appeal is against judgment and decree passed by Civil Judge. By impugned judgment, Plaintiff's suit for specific performance of contract.....
Tags : Agreement, Specific Performance, Refusal, Validity
read»
Handling of transportation of goods, by itself unless it is an organised activity would not fall within definition of cargo handling service(10.07.2017)
In facts of present case, Respondent was engaged in providing services relating to shifting and loading of railway sleepers to M/s. Rural Engineering .....
Tags : Demand, Confirmation, Validity
read»
Burden is on accused to prove facts which is within his knowledge(06.07.2017)
Appellant in present appeal is sole accused in Sessions Case, on file of Sessions Judge. He stood charged for an offence under Section 302 of Indian P.....
Tags : Conviction, Sentence, Validity
read»
Absence of any overt act of assault, exhortation or possession of weapon cannot be singularly determinative of absence of common intention(01.08.2017)
In present case, conviction of Respondent No. 2, under Section 302/34 of Indian Penal Code, 1860 (IPC) by Sessions Judge has been reversed by High Cou.....
Tags : Common Intention, Acquittal, Validity
read»
If Appellant has discharged appropriate Sales Tax/VAT for sale of goods imported by them, than refund claimed by them cannot be denied(25.07.2017)
Facts of case are that, Appellant had filed a refund claim in terms of Notification No. 102/2007-Cus.: MANU/CUST/0175/2007 dated 14th.....
Tags : Refund claim, Denial, Validity
read»
Leave can be granted by trial court to file documents on a good cause being shown by Defendant(01.11.2017)
The present petition is against orders passed by Courts below, on an application Paper moved by the Plaintiff for rejection of application 111-Ga of t.....
Tags : Document, Admission, Validity
read»
If a person tried for criminal offence but ordinary criminal law will not be able to deal with situation, only then, preventive detention can be taken recourse to(02.11.2017)
Present petition was against the order of detention passed by Respondent in exercise of powers conferred under Section 3[2] of the Gujarat Prevention .....
Tags : Illegal Activity, Detention, Validity
read»
Unless there is any kind of illegality in the impugned judgment of acquittal, Supreme Court cannot interfere in such judgment(13.11.2017)
Present appeal is filed by the State against the final judgment and order passed by the High Court of whereby the High Court allowed the appeal filed .....
Tags : Acquittal, Validity, Evidence, Contradiction
read»
Mere non-supply of the inquiry report does not automatically warrant reinstatement of the delinquent employee(10.11.2017)
The Respondent was appointed as a driver with the Appellants-Road Transport Corporation. On 27th October, 1995 while driving a vehicle on Karnal-Harid.....
Tags : Reinstatement, Direction, Validity
read»
No superior Court in hierarchical jurisdiction can issue such direction/mandamus to any subordinate Court commanding them to pass a particular order(14.12.2017)
Present appeal is filed by the Complainant against the final judgment passed by the High Court of Judicature whereby the High Court partly allowed the.....
Tags : Bail, Direction, Validity
read»
In absence of investigation of consignee/buyer of goods, demand is not sustainable(13.12.2017)
In facts of the case, based upon search by the officers of Directorate General of Central Excise Intelligence, Assessee-appellant was issued with Sho.....
Tags : Demand, Confirmation, Validity
read»
Appellate Court has ample powers to order further inquiry or retrial and in case of acquittal even for committing for trial and also has power to award sentence if accused is found guilty(19.12.2017)
The Applicant has challenged the judgment passed by the learned Sessions Court reversing the judgment of acquittal in favour of the Applicant by the l.....
Tags : Acquittal, Reversal, Validity
read»
Board Members are empowered to assess and award the marks(10.11.2017)
In facts of present case, Respondent belongs to the Army Medical Corps. He is the Major General and aspires to become Lieutenant General (Lt. Gen.), w.....
Tags : Direction, Promotion, Validity
read»
Dispute of regularization/absorption once settled and having been acted upon cannot be allowed to be raised or reopened(09.11.2017)
Instant intra Court appeal is against the order passed by the learned Single Judge whereby he has allowed writ petitions. These writ petitions were fi.....
Tags : Regularization, Notices, Quashing, Validity
read»
Supervisory jurisdiction conferred on High Court is confined only to see whether an inferior Court or tribunal has proceeded within parameters of its jurisdiction(15.12.2017)
The present appeal arises from a judgment of the High Court by which an order of the trial Court allowing an application filed by the Appellant for am.....
Tags : Written Statement, Amendment, Validity
read»
Officer dealing externment proceedings against person has to record his opinion that witnesses not willing to give evidence in public against that person(19.12.2016)
In order to fulfill mandate of Section 56 (1) (b) of Maharashtra Police Act, designated officer dealing externment proceedings has to record his opini.....
Tags : Proceedings, Externment, Validity
read»
Post held as a member of Waqf Board not co-terminus to post as member of Bar Council of State(22.12.2016)
By present writ petition, Petitioner, a member of Waqf Board seeks direction to quash and set aside impugned Notification issued by Respondent No.1 on.....
Tags : Post, Eligibility, Notification, Validity
read»
Every act of assault or injury to specific persons does not lead to public disorder(07.12.2017)
By filing instant petition under Article 226 of the Constitution of India, the Petitioner prays to issue a writ of mandamus or any other appropriate w.....
Tags : Detention, Validity, Subjective satisfaction
read»
Reimbursable cost of expenditure is to be treated as a consideration for taxable services(08.12.2017)
Instant appeals are against the common impugned order of Commissioner of Service Tax. Both Revenue as well as the Assesses preferred appeal. The Appel.....
Tags : Demand, Confirmation, Validity
read»
Before imposing penalty, Commission has to be satisfied that, delay occurred was without reasonable cause or request was denied mala fidely(11.12.2017)
The Appellant vide his RTI application sought information regarding the date of payment and cheque number with amount against each bill submitted by t.....
Tags : Information, Denial, Validity
read»
Appellate Court cannot interfere with order of acquittal if the view taken by Trial Court is reasonable and findings recorded by it are not manifestly erroneous or contrary to the evidence on record(09.01.2018)
The Superintendent of Police, Central Bureau of Investigation, Anti-Corruption Bureau, Jammu, has filed this appeal against the judgment of acquittal .....
Tags : Illegal gratification, Acquittal, Validity
read»
Retrial cannot be ordered, when there is a mere irregularity or where it does not cause any prejudice(23.01.2018)
Instant appeal arises out of the judgment passed by Kerala High Court allowing Criminal Revision Petition preferred by Respondent No. 1 thereby settin.....
Tags : Conviction, Validity, Retrial
read»
Caste is determined by birth and cannot be changed by marriage with a person of scheduled caste(19.01.2018)
Judgment passed by the High Court dismissing the writ petition filed by the Appellant and confirming the order of termination from service passed agai.....
Tags : Caste certificate, Cancellation, Validity
read»
Jurisdiction of the civil courts is not barred in case of civil dispute regarding the wakf property(01.02.2018)
Revision petitions are filed against impugned orders by which ad interim injunction was granted in favour of Plaintiff-Respondent No. 1. Plaintiff-Res.....
Tags : Injunction, Grant, Validity
read»
Likelihood of loss follows when Plaintiff can show a strong prima facie case of infringement of its registered trade mark, no evidence of actual loss is required(09.03.2018)
By instant appeal, the original Defendant has challenged order passed by the Court below, whereby an application for temporary injunction filed by the.....
Tags : Injunction, Grant, Validity
read»
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
read»
An amendment which affects vested rights is prospective in nature unless legislature makes it retrospective expressly or by necessary implication(08.03.2018)
The Petitioners were held guilty of manufacturing/sale of spurious and mis-branded drugs. Consequently, sentence of RI for three years was imposed und.....
Tags : Conviction, Validity, Trial, Delay
read»
High Court cannot deliberate on constitutional validity of own accord(18.03.2016)
Meghalaya High Court’s suo moto cognizance on provisions in the Meghalaya Lokayukta Act, 2014 pertaining to appointment of the Chairperson and Members.....
Tags : Suo moto, constitutional validity, human rights
read»
Renewal of lease is a privilege and if a tenant wishes to claim privilege, he must do so strictly within the time limited for the purpose(14.02.2017)
Appeals have been preferred by Orissa Industrial Infrastructure Development Corporation ('IDCO') and also by Jindal Stainless Ltd. aggrieved by impugn.....
Tags : Land, Resumption, Direction, Validity
read»
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
read»
Sessions Judge is empowered to call for and examine record of any proceeding before any subordinate criminal court situated within its jurisdiction(23.02.2018)
Appellant filed a complaint before the jurisdictional police station under Sections 420, 467, 468, 471, 120B, 506 of Indian Penal Code, 1860 (IPC) and.....
Tags : Complaint, Cognizance, Remand order, Validity
read»
Proved circumstances must be consistent only with hypothesis of guilt of Accused and totally inconsistent with his innocence(08.01.2018)
Present appeal preferred by the State challenges the judgment of the High Court acquitting the Respondent under Section 302 of Indian Penal Code, 186.....
Tags : Acquittal, Validity, Evidence, Credibility
read»
Court cannot draw adverse inference against accused by invoking Section 106 of Evidence Act unless basic burden to prove the case is discharged by prosecution(15.01.2018)
The Appellant has assailed the judgment of conviction awarded by the Sessions Judge, for the offence punishable under Section 302 of the Indian Penal .....
Tags : Conviction, Validity, Burden, Discharge
read»
Any sum by way of any discount or rebate shall be deducted and shall not be included in sale price(23.02.2018)
The Appellant-Assessee manufactures cylinders for storage of Liquefied Petroleum Gas (LPG). At the relevant time, the entire production was for supply.....
Tags : Refund, Denial, Validity
read»
Claimants are entitled to seek compensation from any of the wrongdoers, when it is found to be a case of composite negligence(21.02.2018)
In the instant case, on 08th December, 2012, the wife of the Appellant No. 1, was travelling in an auto-rickshaw, which was given a violent dash from .....
Tags : Compensation, Denial, Validity
read»
Once application for bail is decided by a Judge, successive application for bail, if it is filed, has to be decided by the very same Judge, if the Honourable Judge is available(23.02.2018)
Present is an application under Section 439(2) of the Code of Criminal Procedure, 1973 (CrPC). The Applicant is challenging grant of bail in favour of.....
Tags : Bail, Grant, Validity
read»
A juristic entity can ratify the acts done on its behalf expressly or impliedly(16.03.2018)
Instant appeal is the outcome of the order passed by the learned Single Judge dismissing the applications filed by the Appellant-the Defendant in the .....
Tags : Juristic entity, Settlement, Validity
read»
Gatneta can be changed by same process by which the leader was elected in absence of rules to the contra(27.04.2018)
The Petitioner, a Municipal Councillor at Parola and elected from the Shivsena party, assails the communication of the Collector, declaring Respondent.....
Tags : Meeting, Leadership, Change, Validity
read»
Circumstances must be proved which unerringly points out finger towards the accused and none else(25.04.2018)
Appellants assailed the judgment by which Appellants are convicted for the offences punishable under Sections 302, 109, 120-B, read with Section 34 o.....
Tags : Conviction, Validity, Circumstantial evidence
read»
A party requesting a relief stemming out of a claim is required to exercise due diligence(21.05.2018)
In facts of present case, the Petitioners/Plaintiffs filed a suit for declaration along with consequential relief of injunction with the prayer that, .....
Tags : Document, Production, Validity
read»
Order of acquittal passed by first Appellate Court cannot be reversed, merely because re-appreciation of evidence leads to another possible view, unless view taken for acquittal is manifestly illegal(24.05.2018)
Aggrieved by the Judgment passed by the learned Fast Track Court Judge, the State has preferred present appeal. By the impugned Judgment and Order, th.....
Tags : Acquittal, Validity, Evidence, Credibility
read»
Once cenvat credit has been availed in respect of input services, same cannot be disallowed by taking recourse to any thumb Rule or formula(22.05.2018)
The Appellant was availing cenvat credit under Cenvat Credit Rules, 2004 and, during the period under dispute, availed a total credit of about Rs. 4.4.....
Tags : CENVAT credit, Denial, Validity
read»
Sale price realized by an Assessee be regarded as price inclusive of excise duty(15.05.2017)
In present case, Appellant was manufacturing un-branded Soft Drink Concentrates and were classifying said goods prior to April 2005 under six digit cl.....
Tags : Demand, Confirmation, Validity
read»
Maximum sentence awarded under Section 394 of IPC, would be no ground for not granting benefit of Probation(17.05.2017)
State has called in question correctness of order of sentence passed by Additional Sessions Judge whereby accused person/Respondent, though has been c.....
Tags : Probation, Benefit, Validity
read»
FIR need not contain an exhaustive account of the incident(04.07.2018)
The judgment and order of conviction passed by the High Court, relating to the conviction of the Appellant, is the subject matter of present appeal. B.....
Tags : Unlawful assembly, Conviction, Validity
read»
Compensation should be adequate and there must be no injustice with the land owners(16.04.2018)
In facts of present case, The Government of Haryana, vide Notification under Section 4 of the Land Acquisition Act, 1894 dated 18th October, 2005 has .....
Tags : Acquisition, Compensation, Validity
read»
In ceiling proceedings, it is the duty of land owner to show which portion of his land is exempt from ceiling proceeding(25.04.2018)
In facts of present case, Satwarao, predecessor-in-interest of the Appellant, held huge tracts of land but did not file return under the Ceiling Act. .....
Tags : Ceiling, Revenue entries, Validity
read»
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
read»
If the decision of Government granting permission to start new school is contrary to the rules and against principles of natural justice, permission granted by State can be cancelled(06.03.2018)
The petition is filed under Articles 14, 19 (1)(g) and 226 of Constitution of India for relief of quashing and setting aside the permission granted by.....
Tags : Permission, Grant, Validity
read»
Heat of passion requires that there must be no time for the passions to cool down(03.05.2018)
The Appellant has filed the present appeal against his conviction and sentence passed by Additional Sessions Judge, convicting him under Section 302 o.....
Tags : Conviction, Validity, Exception, Benefit
read»
No presumption can be absolute; every presumption is rebuttable(25.06.2018)
The Appellant has challenged his conviction under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Sections 452 .....
Tags : Conviction, Proof, Validity
read»
Mere reduction of promotion chances is no ground to interfere in prudence of employer to fix any ratio for promotion and direct recruitment(21.04.2017)
In present case, validity of new Recruitment Rules of University Grants Commission notified vide GSR 839(E) dated 26th August, 2016: MANU/HRDT.....Tags : Recruitment rules, Appointments, Validity
read»
Wrong interpretation of law itself is not misconduct as wrong decision is subject to judicial supervision in an appeal(14.05.2018)
The pivotal issue in this batch of writ petitions revolves around the validity of report dated 30th May, 2008 submitted by the J & K State Accountabil.....
Tags : Report, Misconduct, Validity
read»
Petition, if genuine and raises a reasonable apprehension of likelihood of bias in dispensation of criminal justice system, cannot be brushed aside on allegation of political vendetta(18.05.2018)
Present special leave petition takes exception to the judgment of the High Court, whereby the High Court has issued a writ of mandamus to transfer the.....
Tags : Investigation, Transfer, Validity
read»
A deputationist can be reverted to his parent cadre at any time(30.05.2017)
Applicant has filed present O.A. under Section 19 of Administrative Tribunals Act, 1985, seeking to set aside impugned order dated 12th February, 2017.....
Tags : Deputation, Repatriation, Validity
read»
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
read»
Substantial benefits cannot be denied because of procedural irregularity(20.07.2018)
In facts of present case, the Appellant, who is engaged in the manufacture of Textile Chemicals & Oil has two units that is unit number-III and unit n.....
Tags : Cenvat credit, Demand, Validity
read»
Investigating officer/agency, has power at any stage of trial, to place before Court such material that would assist investigating agency to put forward its case(09.08.2018)
By present writ petition, the Petitioners (original accused) have challenged order, whereby an application moved by the investigating officer for send.....
Tags : Trial, Investigation, Validity
read»
Appellate Court on hearing appeal filed against judgment of acquittal will not overrule or otherwise disturb trial Court's acquittal, if there is no substantial and compelling reason for doing so(01.06.2018)
In present case, five Accused were tried for the offences punishable under Sections 326, 302, and 114 read with Section 34 of Indian Penal Code, 1860 .....
Tags : Conviction, Validity, Evidence
read»
Misappropriation of customers' money by a bank officer is a serious misconduct and does not warrant lenient view(01.06.2018)
In facts of present case, the Respondent was given compassionate appointment by the Appellant-Bank on the post of Clerk because his father died in har.....
Tags : Misappropriation, Penalty, Validity
read»
When findings recorded by Trial Court is based upon appreciation of evidence, High Court should not reverse Trial Court’s judgment(17.07.2018)
Present appeals arise out of the judgment passed by the High Court by which the High Court reversed the verdict of conviction passed by the trial Cour.....
Tags : Acquittal, Validity, Presumption
read»
A finding may be said to be perverse, if it is against weight of evidence, or if finding so outrageously defies logic as to suffer from vice of irrationality(31.05.2018)
In present case, aggrieved by the order of acquittal passed by the learned Additional Sessions Judge, in favour of the Respondent, who had been charge.....
Tags : Investigation, Acquittal, Validity
read»
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
read»
Where salary of junior is higher than that of senior, senior is also entitled to fixation of salary at par with her junior(13.07.2018)
The Petitioner, Department of Education, Government of NCT of Delhi, is aggrieved by the judgment, passed by the Principal Bench, Central Administrati.....
Tags : Increment, Grant, Validity
read»
Before passing order of service of summons, it was duty of Court to examine Process Serving Officer/Bailiff, if his report is not on affidavit(10.07.2018)
The Appellant-husband ('the Respondent') against whom decree of dissolution of marriage has been passed in the petition filed by the Respondent-wife (.....
Tags : Service, Summons, Ex-parte decree, Validity
read»
Demand cannot be sustained unless all relied documents have been furnished to Appellant to enable them to defend themselves(07.06.2017)
Appellant is engaged in manufacture of brass, zinc, nickel, tin and lead alloys falling under Tariff Subheading 74.03 of 1st schedule to Central Excis.....
Tags : Demand, Confirmation, Validity
read»
State Government is not competent either to stop or reduce pension granted to freedom fighters unless the same was obtained on mistaken grounds or false information(14.06.2017)
Present petition is filed by freedom fighters or their dependents challenging reduction in amount of monthly pension of Rs. 3,000/- granted to them un.....
Tags : Pension, Reduction, Validity
read»
Non-conduction of Test Identification Parade may not itself be fatal to prosecution case but it must be weighed in by Court while considering facts and circumstances of each case(03.08.2018)
The judgment and order passed by the High Court in Death Reference along with Criminal Appeals, whereby the High Court answered the death reference in.....
Tags : Death reference, Negation, Validity
read»
When suit is filed on basis of an open, mutual and current account, limitation commences at end of financial year for which the transactions are entered into(24.08.2018)
Present Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the Plaintiff in the suit impugning the Judgment .....
Tags : Suit, Time barred, Validity
read»
When adopting a particular process, if a transformation takes place, which makes the changes in the character and usage of the product, the process would amount to "manufacture"(23.07.2018)
The Appellants herein are the house labour contractors of Larsen & Toubro Ltd. (L & T) who is the principal manufacturer of transmission towers and is.....
Tags : Demand, Confirmation, Validity
read»
Court is not a Court of appeal to go into question of imposition of punishment(01.08.2018)
Present Original Application (OA) has been filed by the Applicant claiming to quash and set aside the show cause notice, order of punishment of censur.....
Tags : Punishment, Censure, Validity
read»
NGT not empowered to adjudicate upon vires or validity of any enactment(28.09.2016)
By instant writ petition, Petitioners sought a declaration that Rule 17 of Biological Diversity Rules, 2004 does not apply to Indian entities or body .....
Tags : National Green Tribunal , Adjudication, Enactment, Validity
read»
When evidence of eye witnesses is credible and trustworthy, medical opinion pointing to alternative possibilities cannot be accepted as conclusive(03.08.2017)
Appeals have been filed against common judgment passed by the High Court, whereby order of conviction and sentence passed by trial Court, for offences.....
Tags : Conviction, Validity
read»
In making refunds claims, an assessee is bound within four corners of Statute and period of limitation prescribed in Central Excise Act and Rules framed therein(06.09.2018)
The Appellants are engaged in the manufacture and export of Leather Footwear. They were paying service tax on 'reverse charge basis', in respect of se.....
Tags : Refund, Denial, Validity
read»
Claimant cannot maintain a claim on basis of his own fault or negligence(31.08.2018)
National Insurance Co. Ltd. has filed present appeal challenging the judgment whereby the High Court has directed the Appellant-insurer to pay the com.....
Tags : Compensation, Payment, Direction, Validity
read»
Requirement of bidder to furnish litigation history cannot be attributed to be an essential condition but merely ancillary or subsidiary to main tender conditions(03.09.2018)
The grievance of the Petitioners is in regard to the decision of the municipal Corporation as taken in the tender process, whereby, according to the P.....
Tags : Tender, Evaluation, Validity
read»
Non-collection of FSL report might be a defect of investigation which could not result in acquittal of an accused, when enough evidence was available for conviction(13.09.2018)
Present appeal has been preferred by the Appellant assailing the judgment, order of conviction and sentence respectively passed by the learned Additio.....
Tags : Conviction, Circumstantial evidence, Validity
read»
If a 'necessary party' is not impleaded, the suit itself is liable to be dismissed(07.09.2018)
In instant matter, challenge is thrown to the order passed by the trial Court on an application under Order I Rule 10 of the Code of Civil Procedure, .....
Tags : Impleadment, Jurisdiction, Validity
read»
A Government servant has no vested right to remain posted at a place of his choice(08.10.2018)
In present matter, while the Petitioner was serving as Inspector and posted in the Armourer, Maligaon Headquarter, the Respondent No. 4 had issued ord.....
Tags : Post, Transfer order, Validity
read»
An employee, in discharge of his duties, is required to exercise higher standard of honesty and integrity(11.09.2017)
Present appeal is against the final judgment passed by the High Court whereby the Division Bench of the High Court allowed the appeal filed by the Lif.....
Tags : Departmental proceedings, Dismissal, Validity
read»
Examination of any particular number of witnesses is not required for proving prosecution case and reliance can be placed on solitary witness(04.10.2018)
Present appeal has been preferred by the Appellant assailing the judgment and order of conviction passed by the trial Court. By virtue of the impugned.....
Tags : Solitary witness, Conviction, Validity
read»
Emotional dependence cannot be measured to be in part; either it is there or is not there(03.10.2018)
In present matter, the daughter of the Appellants (hereafter the victim) died on August 2, 1999 in a rail accident. The accident claimed the lives of .....
Tags : Compensation, Denial, Validity
read»
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
read»
Act of issuance of process is a serious business; a trial cannot be based on vague and incomplete allegations in complaint(26.09.2018)
Present application has been filed for invoking inherent powers of present Court, by the original accused No. 2 in order to challenge order of issue o.....
Tags : Complaint, Proceedings, Validity
read»
Accused had to prove in the trial by leading cogent evidence that, there was no debt or liability(29.10.2018)
It is the case of the Complainant that, the Accused borrowed a sum of Rs. 25,000 from him and in discharge of the said loan, the Accused issued the ch.....
Tags : Cheque, Dishonour, Acquittal, Validity
read»
Arbitrator has power to recall his earlier order of termination of proceedings if sufficient cause is shown by claimant(30.12.2017)
By present petition, the Petitioners have prayed for condonation of delay, in filing petition and prays that, the Procedural Order Sheets passed by th.....
Tags : Arbitral proceedings, Termination, Validity
read»
Regularization by management gives no right to retrenched employee to claim re-employment(02.01.2019)
Present appeal is directed against the final judgment passed by the High Court whereby the Division Bench of the High Court dismissed the appeal filed.....
Tags : Reinstatement, Back wages, Validity
read»
Every act of assault or injury to specific persons does not lead to public disorder(28.11.2016)
By way of present petition under Article 226 of the Constitution of India, Petitioner prays to issue a writ of mandamus or any other appropriate writ,.....
Tags : Detention, Subjective satisfaction, Validity
read»
To hold the product as excisable, actual marketing or sale of goods is not necessary(12.10.2017)
In facts of present case, the Respondent is a manufacturer of agarbathi perfumes. The agarbathi perfumes are odoriferous compound prepared by the Resp.....
Tags : Demand, Confirmation, Validity
read»
A transfer would not be annulled, if the same is made in the ordinary course of business or in good faith and for valuable consideration(25.10.2017)
Present appeal is against the notice of the Official Liquidator and against the report of the One Man Committee constituted by this Court. It is only .....
Tags : Prohibitory orders, Knowledge, Report, Validity
read»
Organization has a right to change/re-change the promotion policy, adjust/readjust it according to the compulsions of the prevailing circumstances(25.10.2017)
The Applicants are working in RITES Ltd.-Respondent organization against the posts of Deputy General Manager (DGM) and Senior Deputy General Manager (.....
Tags : Promotion policy, Rules, Validity
read»
Transaction value is a normal price at which such goods are ordinarily sold by Assessee to a buyer where buyer is not related persons and price is sole consideration(15.11.2018)
The Appellants are engaged in manufacture of sponge iron, ingots, billets and silicon manganese. They are availing the credit of Cenvat duty paid on i.....
Tags : Demand, Confirmation, Validity
read»
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
read»
The validity certificates issued by following a lawful procedure cannot be tinkered(25.09.2017)
The petitioner in present petition challenges the order passed by the Scheduled Tribe Certificate Scrutiny Committee, whereby the caste certificate va.....
Tags : Caste certificate, Validity
read»
Sufficiency of the material cannot be called into question(27.09.2017)
The Petitioner has invoked the writ jurisdiction of present Court under Article 226 of the Constitution of India and under Section 482 of the Code of .....
Tags : Externment, Proceedings, Validity
read»
Once an act was done in accordance with law, the presumption was in favour of such act or document and not against the same(03.10.2017)
Instant revision petition has been filed under Section 21(b) of the Consumer Protection Act, 1986 against the impugned order, passed by the State Comm.....
Tags : Power connection, Clubbing, Demand, Validity
read»
In absence of statutory provisions, no inherent powers of Court exists to condone delay(25.10.2018)
In facts of present case, the Assessee, had filed a refund claim under special refund mechanism as provided for under the exemption Notification No. 1.....
Tags : Refund claim, Grant, Validity
read»
Onus to prove seed’s good quality is on Manufacturer of seeds as Complainants are not expected to store some of seeds for future testing(28.09.2018)
Complainants, who are farmers, purchased onion seeds from the Opposite Parties ("Horticultural Foundation"), and sown the same in their fields; that e.....
Tags : Compensation, Grant, Validity
read»
When cost of imported goods is included in amount, which is considered for payment of royalty, then such royalty should be added in assessable value of imported goods(26.12.2017)
In the facts of present case, the Appellant is regularly importing goods from Thailand, China and Philippines. The suppliers of the imported goods viz.....
Tags : Valuation, Inclusion, Validity
read»
A TIP has to be conducted timely, if not, then the delay has to be explained(10.12.2018)
Present appeals by special leave arise out of the common impugned judgment passed by the High Court, whereby the High Court has reversed the judgment .....
Tags : Investigation, Lapse, Acquittal, Validity
read»
Once a set of medical standards for recruitment has been prescribed, it is not open to Court to tinker with said standards(16.10.2018)
The present writ petition under Article 226 of the Constitution of India has been preferred by the Petitioners assailing their termination from the CI.....
Tags : Guidelines, Termination, Validity
read»
High Court in a revision can examine only when factual aspects are mixed with legal aspects(26.11.2018)
The revision Petitioner herein is the 4th accused was an Assistant Engineer of the Kerala Water Authority ('the KWA') from 1994 to 1997. He and other .....
Tags : Discharge, Disallowance, Validity
read»
Writ court cannot sit as an appellate authority over decision taken by competent authority(17.12.2018)
The present writ petition has been preferred primarily praying for issuance of a writ of or in the nature of Mandamus directing the Respondents to for.....
Tags : Willful defaulter, Declaration, Validity
read»
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
read»
Departmental proceedings could continue even after date of superannuation(07.12.2018)
The Petitioner has filed the present petition under Article 226 of the Constitution of India challenging the legality of the order passed by Director,.....
Tags : Penalty, Imposition, Validity
read»
A letter of intent is not a binding agreement enforceable in Courts, and nor it is a promise to issue a subsequent allotment letter(18.01.2018)
In facts of present case, Petitioner received a Show Cause Notice from the NDMC, by it (the NDMC) while referring to clause 1(i) of NIT, which provide.....
Tags : Tender, Cancellation, Validity
read»
Allegations of clandestine manufacture and removal are required to be proved by production of sufficient evidence(18.01.2018)
All the present appeals have been filed against the Order-in-Original. Four appeals have been filed by the assessee as well as related parties, challe.....
Tags : Penalty, Imposition, Validity
read»
Fraud should be of an egregious nature, vitiating the entire underlying transaction and bank should have knowledge of such a fraud(25.01.2018)
The Appellant is a company engaged in the business of generation and sale of electricity and for that purpose, it had entered into agreements with the.....
Tags : Injunction, Denial, Validity
read»
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
read»
Once Investigating Officer submitted final report on conclusion of investigation, High Court was not justified in interfering with criminal proceedings(22.01.2019)
In instant matter, the Appellant herein-original Complainant filed a Criminal Complaint against the private Respondents herein-the original Accused be.....
Tags : Proceedings, Quashing of, Validity
read»
No allotment of evacuee property shall be made unless applications by public notifications are invited from general public(14.12.2018)
Petitioner is aggrieved of and seeks quashment of Order passed by Custodian General, J & K, Srinagar (Respondent No. 2), leasing out evacuee land meas.....
Tags : Evacuee land, Allotment, Validity
read»
If selection is found to be tainted in any manner, it is always open to concerned authority to annul such selection to maintain purity of selection process(04.04.2018)
Present matter arises out of Selection conducted by the Karnataka Public Service Commission ("KPSC") pursuant to Notification dated 3rd November, 2011.....
Tags : Selection, Annulment, Validity
read»
In absence of clear, unambiguous and individual communication, search was vitiated, even if, accused opted and reposed faith in Investigating Officer to conduct search(27.03.2018)
The prosecution story is that on 19th September, 2013, police party was on patrolling. On personal search of the accused, white intoxicating powder wr.....
Tags : Search, Investigation, Validity
read»
For not keeping his promise to marry the victim, the Appellant can certainly not be convicted and sentenced for rape(29.03.2018)
The Appellant has been convicted under Section 376 of Indian Penal Code, 1860 (IPC) vide judgment passed by the learned 2nd Additional District & Sess.....
Tags : Rape, Conviction, Validity
read»
Principle of alternative remedy is a rule of convenience and not a rule of law(27.03.2018)
The Writ Petitioners have moved present court in its extraordinary writ jurisdiction for setting aside the order passed by the Excise Commissioner. By.....
Tags : Confiscation, Validity, Remedy
read»
Only because signature of one of parties is missing in a document, it cannot be concluded that such person did not join in execution of instrument(10.04.2018)
The question arises in present appeal is, as to whether a registered sale deed which does not bear signature of the vendor at the place where his name.....
Tags : Sale Deed, Execution, Validity
read»
A related witness cannot be said to be an 'interested' witness merely by virtue of being a relative of victim(19.02.2019)
Present appeal is presented by the convicted Accused against the concurrent judgments of conviction and sentence passed by the Additional Sessions Jud.....
Tags : Conviction, Testimony, Eye-witnesses, Validity
read»
Exemption available to GTA service for transport of 'agricultural produce' cannot cover the transport of cut wood of trees(19.02.2018)
In instant case, the Respondents are engaged in the manufacture of MDF, particle boards, wooden flooring, etc. They are registered with the Department.....
Tags : Refund, Grant, Validity
read»
State Government is not under any obligation to always adopt Dearness Allowance as revised by Central Government(13.02.2019)
Instant Appeals arise out of the judgment by which the High Court affirmed the order of the learned Single Judge directing the Appellant-Board to pay .....
Tags : Dearness Allowance, Direction, Validity
read»
Credibility of witnesses is ordinarily not re-visited by Supreme Court in an appeal by special leave(12.02.2019)
Present appeal by special leave is directed against the judgment of the High Court dismissing the appeal filed by the Appellant against his conviction.....
Tags : Conviction, Circumstantial evidence, Validity
read»
A policy decision is amenable to judicial review only if it is contrary to any provision of Constitution or statute, or otherwise capricious or arbitrary(21.01.2019)
The challenge in present petition is to a tender dated 27th June, 2018, whereby the Union of India has invited bids from prospective concessionaires t.....
Tags : Tender, Issuance, Validity
read»
Burden was strictly on Assessee to establish its entitlement to scheme of exemption(22.11.2018)
The present revision has been filed by the Assessee against the order passed by Tribunal. Tribunal had rejected Assessee's appeal claiming exemption u.....
Tags : Exemption, Denial, Validity
read»
All decisions of a multi-member body are expressed by opinion of majority of members present except where special majorities are provided in statute itself(08.02.2018)
In facts of present case, the writ Petitioners have permanent permit for two routes, one Gwalior to Bhander and second Gwalior to Datia. Respondent No.....
Tags : Decision, Validity
read»
Words used in advertisement should be given a literal meaning and same is to be considered strictly(05.02.2019)
Present appeal was filed against the impugned judgment and order passed by the High Court by which the Division Bench has dismissed the said appeal an.....
Tags : Termination, Eligibility criteria, Validity
read»
Mere relationship or being an acquaintance cannot be sole ground to discard the testimony of an otherwise reliable witness(18.01.2019)
Rajinder Kumar Sharma, owner of the vehicle in question has filed the instant appeal assailing the award passed by the Tribunal. A claim petition was .....
Tags : Award, Compensation, Validity
read»
When Appellant has reversed Credit as per Rule 6(3A)(ii) of CCR, 2004, Department cannot insist Appellant to pay an amount equal to 6% of value of the exempted services/products(11.02.2019)
The Appellants are engaged in providing 'Beauty Treatment Service' and 'Health Club and Fitness Service'. They are also engaged in trading activity an.....
Tags : Demand, Confirmation, Validity
read»
A conflict or contradiction between ocular and medical evidence has to be direct and material(19.03.2018)
The instant appeal has been filed against the impugned judgment/order passed by the trial Court in FIR registered under Sections 363-A, 376 of Indian .....
Tags : Conviction, Validity, Evidence, Credibility
read»
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
read»
When statute specifically provides for a code of conduct and penalty for infringement thereof, it is not proper to bring such violation within the realm or scope of another statutory provision(21.03.2018)
Instant appeals are against common impugned order, involving the issue of imposition of penalties for illegal export of Red Sanders, instead of the de.....
Tags : Penalty, Imposition, Validity
read»
For summoning an Accused under Section 319 of Cr. PC, it requires much stronger evidence than mere probability of his complicity(27.02.2019)
Present appeals arise out of the order passed by the High Court by which the High Court has affirmed the order of the trial court summoning the Appell.....
Tags : Summon, Proceedings, Validity
read»
Where a power is given to do a certain thing in a certain way, it must be done in that way or not at all(03.12.2018)
The Petitioner has prayed for setting aside the extract of the meeting minutes of the Micro & Small Enterprise Facilitation Council held on 12th march.....
Tags : Payment, Direction, Validity
read»
Declared price/transaction value is required to be accepted unless there are valid reasons for rejection of such value(18.01.2019)
Present two Appeals have been filed by Revenue from the common impugned order passed by the Commissioner of Customs (Appeals), by which Commissioner a.....
Tags : Assessable value, Determination, Validity
read»
Caste is acquired by birth and the caste does not undergo a change by virtue of marriage and adoption(04.02.2019)
The Petitioner claims to be belonging to "Mahar" caste, which is included in Scheduled Caste Category. The Petitioner has been appointed as Staff Nurs.....
Tags : Caste claim, Certificate, Validity
read»
A liability to pay damages must arise under the contract and not otherwise(03.05.2018)
Present appeal under Section 37 of the Arbitration and Conciliation Act, 1996 arises from the judgment whereby the Appellant's petition under Section .....
Tags : Award, Counter-claim, Validity
read»
A purely civil dispute can be given a colour of a criminal offence to wreak vengeance, it is necessary to draw a distinction between a civil wrong and a criminal one(05.05.2018)
In instant petition, filed under Section 561-A of the Code of Criminal Procedure, 1973, the Petitioners seek the indulgence of present Court in quashi.....
Tags : FIR, Registration, Validity
read»
In absence of mutuality of interest and financial flow back from one firm to another, clubbing of clearances is not permissible(08.05.2018)
In facts of present case, Trueline Appliances Private Limited (TAPL) and 3D International (3D) were engaged in the activity of importing and trading o.....
Tags : Demand, Penalty, Validity
read»
The facts which are admitted need not be proved(08.05.2018)
The present appeal is against the order-in-appeal passed by the Commissioner of Customs (Appeals). The Respondent-Assessee imported certain goods and .....
Tags : Confiscation, Penalty, Validity
read»
A party who alleged plea of fraud or coercion is under obligation to prima facie establish same(28.03.2019)
Present appeals have been filed by the Insurance Company assailing the order passed by the High Court appointing an Arbitrator in exercise of power un.....
Tags : Arbitrator, Appointment, Validity
read»
Mere existence of vacancies or empanelment does not create any indefeasible right to appointment(01.04.2019)
In present case, the Appellant is aggrieved by the direction to make appointments against 97 vacancies on the post of Blacksmith Grade II. The sanctio.....
Tags : Vacancies, Appointment, Direction, Validity
read»
Assessee seeking benefit of exemption must always prove its admissibility(21.12.2018)
The facts as revealed from the order passed by the Tribunal, are that with a view to avail exemption from payment of Central Excise under the Notifica.....
Tags : Exemption, Denial, Validity
read»
If dismissal of complaint was not on merit, but on default of complainant, moving Magistrate again with a second complaint on same facts is maintainable(14.12.2018)
Present appeal is against the final judgment passed by the High Court allowing Criminal Original Petition filed under Section 482 Code of Criminal Pro.....
Tags : Proceedings, Quashing of, Validity
read»
Registration of FIR on directions of Sub-Divisional Magistrate is impermissible in law(13.12.2018)
The Appellants are aggrieved by the denial to quash the criminal prosecution against them under Sections 420, 406, 467, 468, 471, 504, 506, 34 of Indi.....
Tags : FIR, Registration, Validity
read»
At stage of framing charges, Court would only be required to consider existence of a prima facie case(28.03.2019)
Present Petition has been filed under Section 482 of Code of Criminal Procedure, 1973 (CrPC) praying for setting aside the order by means of which, th.....
Tags : Charge, Proceedings, Validity
read»
For wrongdoing of a Company, its officers may be responsible, but not to extent that all employees of a Company would be criminally liable(28.03.2019)
The Petitioner has moved the Court under Section 482 of the Code of Criminal Procedure, 1973 (CrPC). For quashing of the order of cognizance passed by.....
Tags : Proceedings, Quashing of, Validity
read»
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
read»
Legitimate expectation is not a wish or a desire or a hope, it cannot be claimed or demanded as a right(30.01.2019)
The present appeal is directed against an order passed by the High Court whereby the Writ Petition was allowed directing the Appellant to provide fina.....
Tags : Financial assistance, Direction, Validity
read»
Penalty can only be invoked, when there is failure to furnish return in prescribed form and not that return has been incorrectly filed(25.01.2019)
In instant case, order passed by the Commissioner of CGST & CE, (Appeals), setting aside the penalty imposed by the adjudicating authority on the Resp.....
Tags : Penalty, Deletion, Validity
read»
Muddamal in self same condition is required to be produced in Court and non-production thereof is fatal to prosecution(31.05.2018)
In instant case, charge sheet was filed against the Accused-Appellant for the offence under Section 8/15 Narcotic Drugs And Psychotropic Substances Ac.....
Tags : Conviction, Validity, Seized muddamal, Non-production
read»
Right of private defence is not available, when assailants are unarmed(23.04.2019)
The challenge in the present appeal is to an order passed by the High Court maintaining conviction for offences under Sections 302 and 324 of Indian P.....
Tags : Conviction, Validity, Private defence, Proof
read»
Separate charges for distinct offences must be framed separately and cannot be clubbed together for more than one year(08.05.2017)
Present appeals arise out of three separate judgments of learned Single Judge of High Court discharging three Accused persons namely; Lalu Prasad Yada.....
Tags : Trial, Discharge, Validity
read»
Government owned company with its 100% wholly owned subsidiaries has to be comprehended as a single entity, eligible to bid in terms of Clause of tender conditions(15.05.2017)
In instant case, dissension centres around exposition of an eligibility norm engrafted in tender conditions qua a prestigious project with global part.....
Tags : Tender, Dis-qualifcation, Validity
read»
Railway administration cannot be held liable for preserving relevant documents after expiry of 6 months from date of delivery of consignment(05.06.2018)
Present appeal under Section 23 of the Railway Claims Tribunal Act, 1987 is against the judgment and order passed by the learned Railway Claims Tribun.....
Tags : Loss, Compensation, Validity
read»
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
read»
Nature of weapon used and vital part of body where blow was struck are sufficient to prove intention of Accused to cause death(10.04.2019)
Present appeal arises from the judgment and Order of a Division Bench of the High Court passed in Criminal Appeal. The High Court, while allowing the .....
Tags : Conviction, Sentence, Conversion, Validity
read»
High Court can exercise its revisional jurisdiction to enhance sentence but it is imperative to notify the convict(22.04.2019)
Present appeal has been filed by the Appellant against the judgment of High Court dismissing Criminal Appeal filed by the Appellant questioning the or.....
Tags : Sentence, Enhancement, Validity
read»
Magistrate is not bound by the conclusion drawn by the police officer(03.01.2019)
The State by means of present revision petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (CrPC) has chall.....
Tags : Cognizance, Refusal, Validity
read»
Remission after completion of 14 years in custody is not a matter of right, but is dependent on a host of considerations(22.04.2019)
In present case, each of the Respondents in the respective appeals was convicted under Section 302 of Indian Penal Code, 1860 (IPC) and other provisio.....
Tags : Remission, Rule, Validity
read»
Prior publication of design is a valid defence, provided that use of design is not in breach of good faith against proprietor of design(10.04.2019)
In present matter, an interim order of injunction granted in a suit under the Designs Act, alleging piracy of a registered design, is under challenge .....
Tags : Design, Use, Injunction, Validity
read»
Excise duty liability should be computed considering sale value charged to independent customers as assessable value for purpose of valuation of job worked goods(02.01.2019)
The Appellant Bijal Packaging and B.B. containers both are situated at one factory premises were engaged in the manufacture of metal tin container. Th.....
Tags : Cenvat credit, Demand, Validity
read»
To classify a person employed in an industry as a workman, not only nature of work performed but also terms of appointment in job performed are relevant considerations(18.04.2019)
The Petitioner-Trust has challenged concurrent orders passed by the Labour Court and Industrial Court by filing the present writ petition. It is claim.....
Tags : Reinstatement, Direction, Validity
read»
Institute in academics, cannot be presumed, to have a lack of clarity qua the language of legal provisions and respective notifications/circulars(30.07.2018)
The facts relevant in present case are that, IILM Institute of Higher Education is being run by a charitable society registered under Societies Regist.....
Tags : Demand, Confirmation, Validity
read»
If assailant acts with intention that such action might cause death, and hurt is caused, then provisions of Section 307 of IPC would be applicable(16.05.2019)
Present revision application has been filed by the applicants against the order, passed by learned Sessions Judge, framing the charges against the App.....
Tags : Charges, framing of, Validity
read»
No bar to a trial or conviction of an offender under two different enactments, but bar is only to punishment of offender twice for offence(20.09.2018)
In present matter, First Information Reports (FIRs) were registered for transportation and sale of Gutka/Pan Masala for offences punishable Under Sec.....
Tags : FIR, Quashing, Validity
read»
Non grant of an opportunity to cross examine a witness may attract the doctrine of fairness and even held to be violative of principles of natural justice(13.09.2018)
In facts of present case, the Appellant is engaged in manufacture of chewing tobacco falling under Chapter 24 of Central Excise Tariff Act, 1985. The .....
Tags : Cross examination, Request, Denial, Validity
read»
For invoking extended period of limitation, there should be an intention to evade duty(14.09.2018)
The Appellants are having a unit of Maidens Hotels for providing Renting of Immovable Property Services, Mandap Keeper Service, Dry Cleaning Services,.....
Tags : Demand, Confirmation, Validity
read»
Restoration of a Company, whose name has been struck off from the Register of Companies is possible only on satisfaction of Tribunal(09.07.2019)
Appellant is aggrieved of dismissal of its appeal preferred under Section 252 (3) of the Companies Act, 2013 against striking off of its name by the R.....
Tags : Name, striking off, Validity
read»
Unless it is proved that, person to be penalized has intentionally implicated himself in use of false and incorrect materials, there can be no justification for penalty(25.07.2019)
The only issue involved in the present appeal by the Assessee is the levy of penalty under Section 114AA of the Customs Act, 1962. The Appellant prefe.....
Tags : Penalty, Imposition, Validity
read»
Existence of reasons must be seen in impugned order itself and cannot be supplemented by a subsequent affidavit(01.08.2018)
The Registrar of Co-operative Societies, exercising power under Section 67A of the Goa Cooperative Societies Act, 2001 appointed two directors to the .....
Tags : Appointment, Suo motu power, Validity
read»
If new commercial commodities emerge out of goods already taxed earlier, new commercial commodity is liable to sales tax(02.07.2019)
Present civil appeal arises out of the judgment of the High Court dismissing the writ petition and upholding the validity of Rule 6(4)(m)(i) of the Ka.....
Tags : Rule, Validity, Scope
read»
Charge would be framed not on mere suspicion but on facts giving rise to grave suspicion of accused having committed offence(01.07.2019)
Petitioners impugn order whereby the Revisional Court has reversed the order on charge passed by the Trial Court in case FIR under Sections 323, 341, .....
Tags : Charge, Framing of, Validity
read»
No Court could take cognizance of offence under Section 186 of IPC except on a complaint of a proper officer made under Section 195 of CrPC(01.07.2019)
Petitioner impugns order, whereby, charges have been framed against the Petitioners under Sections 186, 353 and 307 of Indian Penal Code, 1860 (IPC) r.....
Tags : Cognizance, Proceedings, Validity
read»
Action of applying for political asylum may result in bad publicity for a country but same is not prejudicial to the sovereignty and integrity of India(12.01.2018)
In facts of present case, the Petitioner returned to India on an Emergency Certificate issued from the Consulate General of India, Vancouver (Canada)......
Tags : Passport, Denial, Validity
read»
Registration of FIRs by itself cannot have any nexus with breach of maintenance of public order and the authority can take recourse under IPC(10.01.2018)
Instant petition is against the order of detention passed by the Respondent No. 1 in exercise of powers conferred under Section 3[2] of the Gujarat Pr.....
Tags : FIR, Detention, Validity
read»
Publication of an advertisement for sale at a bargain price of goods that are not intended to be offered for sale or supplied at said bargain price amounts to an unfair trade practice(12.01.2018)
The Petitioner is engaged in the business of selling Woodland Brand of shoes and apparels. The complainant/respondent went to a store of the Petitione.....
Tags : Compensation, Grant, Validity
read»
Power of attorney holder cannot testify in respect of matters which principal alone have knowledge(01.10.2019)
The Defendant is in appeal, aggrieved by the concurrent findings decreeing the suit for specific performance filed by the Respondent. The Plaintiff fi.....
Tags : Specific performance, Decree, Validity
read»
Aggrieved parties cannot challenge SARFAESI proceedings directly by filing a writ petition without exhausting appeal remedy available to them(22.08.2019)
The Petitioner is a borrower, who has taken a loan from United Bank of India. The Petitioner defaulted in repaying the said loan, hence, notice was is.....
Tags : Notice, Validity, Alternate remedy
read»
Institutional Preference is permissible in Post Graduate Medical Courses even after introduction of NEET Scheme(04.10.2019)
The original writ Petitioners have preferred the special leave petition/appeal against impugned judgment passed by the Division Bench of the High Cour.....
Tags : Admissions, Reservation, Validity
read»
Where a statute requires a particular act to be done in a particular manner, act has to be done in that manner alone(02.04.2019)
The challenge in present petition is to a Notification dated 15th May, 2017 issued by the Ministry of Road Transport and Highways, under Section 3-A (.....
Tags : Acquisition, Notification, Validity
read»
Mere different view on same facts would not entitle committee dealing with subsequent caste claim to reject it(09.03.2020)
By present petition under Article 226 of the Constitution of India, 1950 the Petitioner seeks to challenge the order passed by Respondent no. 2 commit.....
Tags : Scrutiny Committee, Caste certificate, Validity
read»
Proof of cruelty or harassment by husband or her relative or person charged is sine qua non to inspirit statutory presumption, to draw person charged within coils thereof(20.06.2018)
Instant criminal appeals have been preferred against the judgment and order of conviction and order of sentence passed by Additional Sessions Judge-V,.....
Tags : Dowry death, Conviction, Validity
read»
Under CENVAT scheme, CENVAT credit is passed on by using invoice documents, which are to be transferred to buyer of goods only(20.06.2018)
In facts of present case, the Appellant is a refinery for the manufacture of petroleum products. During the period in dispute, Crude Oil Refinery proj.....
Tags : Cenvat credit, Denial, Validity
read»
A Magistrate who passes an order on settlement under Section 125 of CrPC has power to recall or set aside the Order, if terms of the same are violated(19.02.2020)
Present appeal has been filed against the judgment of the High Court filed by the Appellant for setting aside the order passed by the Additional Princ.....
Tags : Maintenance application, Revival, Validity
read»
Limitation period will not be extended in SARFAESI & DRT Proceedings on part payment under IBC(05.03.2020)
The Appeal preferred by a Shareholder and Director of the Corporate Debtor challenging the order passed by the Adjudicating Authority (National Compan.....
Tags : Limitation period, Extension, Validity
read»
Notice under Section 148 of IT Act cannot be issued to dead person(16.07.2020)
Present writ petition had been filed seeking a direction to the Respondent to quash the notice dated 31st March, 2019 issued to the deceased-assessee .....
Tags : Legal representative, Notice, Validity
read»
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
read»
Penalty cannot be imposed in absence of clarity on whether there is concealment of income(15.10.2020)
In present appeals, the grievance of the revenue is that the learned CIT(A) was not justified in deleting the penalty levied under Section 271(1)(c) o.....
Tags : Deletion, Penalty, Validity
read»
Authority under RERA Act, 2016 is empowered to impose interest on contravention of obligations by promoter(04.11.2020)
In facts of present case, the Petitioner is a promoter. The Respondent Nos.3 to 119 are allottees. The Petitioner could not deliver possession of the .....
Tags : Interest, Levy, Validity
read»
Subsequent compliance in assessment proceedings is considered as a good compliance and default committed earlier needs to be condoned by the Assessing officer(28.10.2020)
Present appeals have been preferred by the Assessees against the separate orders of the Learned Commissioner of Income Tax (Appeals) {CIT(A)} wherein .....
Tags : Penalty, Levy, Validity
read»
Notice under Section 148 of IT Act cannot be issued merely on basis of suspicion(23.12.2020)
Assessee, an individual, was engaged in agricultural activity during the relevant year. In the case of the assessee, an information was received throu.....
Tags : Assessment, Reopening, Validity
read»
A common order for summoning in different cases cannot be passed, when parties are unrelated(18.11.2020)
Vide the present petition; the Petitioners have sought quashing of the summoning order and all subsequent proceedings qua complaint case under Section.....
Tags : Summons, Common order, Validity
read»
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
read»
When there is no specific denial against the assertions made by the creditors, it implies admission(16.10.2020)
Present are appeals preferred under Section 483 of the Companies Act, 1956, read with Section 5 of the High Court Act, challenging the correctness of .....
Tags : Insolvency, Winding up, Validity
read»
Benefit of doubt given to an Accused must always be reasonable and not fanciful(12.03.2019)
In present matter, the First Additional Sessions Judge, vide judgment convicted the Accused/Appellant for the offences punishable under Sections 363, .....
Tags : Conviction, Sentence, Validity
read»
Quotations cannot be the basis for re-determining the value of goods(09.01.2020)
The issue in present appeals being common - undervaluation of tyres imported by the Appellant company is for trade and further the companies are under.....
Tags : Demand, Differential duty, Validity
read»
Plaintiff, being the dominus litis, has a right to choose the person against whom he wish to litigate and cannot be compelled to implead a stranger as party to the suit(25.01.2021)
Present writ petition has been filed for issue of a writ, order or direction in the nature of certiorari quashing the impugned order passed by the Add.....
Tags : Proper party, Impleadment, Validity
read»
No penalty can be levied, when the violation is technical and venial(06.01.2021)
Present is an appeal filed by the assessee directed against the order of the Commissioner of Income Tax-(A) [CIT (A)] passed under Section 250 of the .....
Tags : Penalty, Imposition, Validity
read»
Refund cannot be denied, when all conditions of the notification are fulfilled(05.04.2021)
In present matter, Appellant has filed refund applications seeking refund of 4% Additional Customs duty as per Notification No. 102/2007-Cus. dated 14.....
Tags : Refund, Recovery, Validity
read»
When the notice issued by AO is ambiguous, penalty proceedings are not sustainable(09.04.2021)
The assessee is private limited company, engaged in the business of share, commodity trading and investment activities. It filed its return of income .....
Tags : Penalty, Levy, Validity
read»
Deemed exports cannot be clubbed for the purpose of calculation of clearances in DTA(14.08.2018)
Present appeals have been filed by Surya Life Sciences Limited and its director against confirmation of demand of duty and imposition of penalties. Le.....
Tags : Demand, Confirmation, Validity
read»
Before the scrutiny assessment is made under Section 143(3) of IT Act, issuance of notice under Section 143(2) of IT Act is mandatory(11.05.2021)
Present appeal preferred by the assessee is against the order of Learned Principal Commissioner of Income Tax, passed under Section 263 of the Income .....
Tags : Assessment, Jurisdiction, Validity
read»
Orders framing charges or refusing discharge neither interlocutory nor final and not affected by bar under Section 397 (2) of Cr.PC(07.05.2021)
Present appeal emanates from the judgment passed by the High Court whereby a criminal revision against the order of the Chief Judicial Magistrate, ref.....
Tags : Discharge, Refusal, Validity
read»
AO gets jurisdiction to reopen assessment only after recording the reasons for reopening and thereafter, issuing notice under Section 148 of IT Act within prescribed time(05.05.2021)
The assessee individual, filed her return of income admitting income of Rs.2,27,890. AO received information that the assessee, along with 4 others, h.....
Tags : Re-assessment, initiation, Validity
read»
Non-payment of a part of the sale price would not affect the validity of the sale(09.07.2020)
The present Civil Appeal has been filed to challenge the impugned Judgment passed by a Division Bench of the Gujarat High Court, which affirmed the Or.....
Tags : Sale deed, Registration, Validity
read»
Grant of registration and assessment are two separate and distinct procedures prescribed under the Income Tax Act(01.06.2021)
The Appellant society is registered under the Bombay Public Trust Act, 1950. The Appellant society is incorporated with the objects of promotion of ed.....
Tags : Registration, Denial, Validity
read»
Reopening on the basis of the report of Investigation Wing without independent application of mind by AO is not valid(07.07.2021)
In present case, the assessee is a company and had filed its return of income on 30th September, 2011 declaring a loss of Rs.3,91,500. The return was .....
Tags : Assessment, Re-opening, Validity
read»
An order passed by the quasi-judicial authority should be in conformity with the principles of natural justice(06.07.2021)
In facts of the present case, the Appellant is an individual, who engaged in the business of Ferrous and Non-Ferrous Scrap Material. The return of inc.....
Tags : Assessment, Additions, Validity
read»
An order of dismissal of a complaint under Section 203 of CrPC has to be made on judicially sound grounds(21.06.2021)
The complainant in private complaint is before present Court against the order passed by the learned Judicial Magistrate. The Petitioner/complainant h.....
Tags : Complaint, Dismissal, Validity
read»
When non-payment of tax is not due to fraud, collusion, wilful misstatement or suppression of facts, penalty cannot be imposed(30.06.2021)
The Appellant is engaged in providing construction of residential complex services. During the course of audit of the records, for the period 2012-201.....
Tags : Penalty, Imposition, Validity
read»
Court can refuse to grant discretionary relief of specific performance, even if, contract is not voidable but circumstances make it inequitable to enforce the same(11.09.2019)
In facts of present case, Mohinder Kaur, predecessor in interest of the Appellants entered into an agreement with Bahadur Singh, predecessor in intere.....
Tags : Discretionary relief, Specific performance, Validity
read»
Traffic Manager has discretion to prohibit discharge of goods which are likely to obstruct traffic, cause congestion or hinder convenient movement at Port(17.09.2019)
In present case, the Appellant is a private limited company engaged in the business of clearing, forwarding and transporting of cargo for import and e.....
Tags : Circular, Issuance, Validity
read»
The University cannot deduct a portion of the salary of its employees, as donation, without obtaining their consent(27.07.2021)
The Petitioners are Adhyapakas of different departments of Visva-Bharati, Santiniketan. They are dissatisfied with the action on the part of the Regis.....
Tags : Salary, Deduction, Validity
read»
State Governments are entitled to prescribe fee for reserving registration numbers(26.08.2020)
Present appeal challenges a judgment of the Madhya Pradesh High Court which quashed Rule 55A of the Motor Vehicles Rules, 1994 (the State Rules) frame.....
Tags : Power, Delegation, Rules, Validity
read»
Penalty provisions are applicable only when there is a failure to furnish returns or there is concealment of income or furnishing of inaccurate particulars before the Assessing Officer(23.07.2021)
The assessee is an individual and earned income from purchase and sale of properties and shown income under the head capital gain. The assessee claim .....
Tags : Penalty, Levy, Validity
read»
Quantification of penalty is dependent upon the additions made to the income of the assessee(02.08.2021)
Assessee is a company stated to be engaged in the business of carrying on infrastructure activities. Assessee filed its return of income for Assessmen.....
Tags : Assessment, Penalty, Validity
read»
Every driving licence, notwithstanding its expiry, continues to be effective for a period of 30 days from day of its expiry(12.07.2021)
Appellant (owner of the offending vehicle) impugns judgment passed by the Motor Accident Claims Tribunal to the limited extent that, it grants recover.....
Tags : Recovery, Right, Validity
read»
Substantive right cannot be denied merely on procedural irregularity(12.07.2021)
The present appeal is directed against the impugned order passed by the Commissioner of Central Tax (Appeals) whereby the Commissioner has rejected th.....
Tags : Demand, Confirmation, Validity
read»
Superior Court can interfere in an order of bail to prevent the miscarriage of justice on basis of gravity of the offence, conduct of the accused and societal impact(04.10.2021)
The challenge laid is to an order passed by the High Court of Punjab and Haryana whereby anticipatory bail has been granted to Respondent No.2 (‘Respo.....
Tags : Bail, Grant, Validity
read»
In absence of salary certificate, the minimum wage notification can be a yardstick but cannot be an absolute to fix the income of deceased(01.10.2021)
In instant case, unfortunate parents who lost their son aged about 32 years in the motor vehicle road accident are before present Court claiming enhan.....
Tags : Award, Compensation, Validity
read»
If signature on cheque is admitted, presumption under Section 139 of NI Act that cheque was issued in discharge of a legally enforceable debt will be raised(23.09.2021)
The Appellant is before present Court assailing the common order passed by the High Court. Through the said order, the learned Single Judge has allowe.....
Tags : Conviction, Deletion, Validity
read»
Hostel facility is incidental to achieve the object of providing education and comes under charitable purpose which is exempt under Section 11 of IT Act(03.11.2021)
The assessee society is duly registered with the Registrar of Society, Uttar Pradesh and the renewal was granted vide letter dated 6th February, 2012 .....
Tags : Assessment, Additions, Validity
read»
Before imposing the extreme penalty of death sentence, the Court should satisfy itself that, death sentence is imperative(26.11.2021)
Present Petition has been filed under Article 137 of the Constitution of India, 1950 seeking review of the judgment. The Petitioners were convicted fo.....
Tags : Conviction, Death sentence, Validity
read»
When the policy of insurance was in force on the day the vehicle met with the accident, the Insurance Company is bound to pay the amount of compensation(06.12.2021)
Present is Insurance Company's appeal, taking exception to the judgment and award, passed by Chairman, Motor Accident Claims Tribunal, in Motor Accide.....
Tags : Award, Compensation, Validity
read»
While considering a petition under Section 34 of the Arbitration Act, the Court cannot act as an appellate forum(13.11.2021)
The appeal arises from a judgment of a Single Judge of the High Court. High Court not only set aside the judgment of the District Judge rejecting the .....
Tags : Award, Jurisdiction, Validity
read»
If there is a specific contract between the parties that proscribes award of interest, award of pre-reference interest would be impermissible(20.12.2021)
The Petitioner (the 'Railway') has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 ('A and C Act') impugning.....
Tags : Award, Interest, Validity
read»
Provisions of Section 9D of the Central Excise Act, 1944 are mandatory in nature and have to be followed by the Adjudicating Authority, the absence of which vitiates the adjudicating process(06.01.2022)
The Appellant is a trader of Iron & Steel products and is engaged in purchase and sale of CTD/TMT bars. According to the Department, present is a case.....
Tags : Demand, Confirmation, Validity
read»
Exclusion of song from movie which was included in trailer amounts to unfair trade practice(18.02.2020)
The complainant, who is a teacher by profession, on watching the promos of the film, namely, “Fan” decided to watch the said film with her family memb.....
Tags : Compensation, Direction, Validity
read»
Open enquiry at pre-FIR Registration stage in cases relating to allegations of corrupt practice is permissible(24.03.2021)
Appeal was against impugned judgment passed by the High Court by which the High Court has dismissed the writ petition challenging notice dated 4th Mar.....
Tags : Pre-FIR Registration, Enquiry, Validity
read»
Entire consignment cannot be seized/confiscated on unjustified assumptions and presumption and in absence of evidences(27.01.2022)
The issue involved in the Appeals is whether freely importable Waste Paper of CTH 47079000, imported by Appellants are liable to confiscation or other.....
Tags : Confiscation, Penalty, Validity
read»
Highest Bidder has no vested right to have the public auction concluded in his favour(02.03.2022)
The instant appeal arises from the judgment and order passed by the Division Bench of the High Court setting aside the order passed by the Financial C.....
Tags : Auction sale, Confirmation, Validity
read»
Issuance of notice under Section 143(2) of IT Act is mandatory in reassessment cases also(04.03.2022)
In present case, the original assessment of the assessee was made after scrutiny under Section 143(3) of the Income-tax Act, 1961 (IT Act) and assesse.....
Tags : Reassessment order, Notice, Validity
read»
In case the employee is confirmed in service, holding Departmental enquiry is necessary before passing of termination order(03.03.2021)
Present writ petition has been filed challenging the termination order and the order in appeal passed by the Respondent Nos.1 and 3 respectively. Peti.....
Tags : Departmental inquiry, Termination, Validity
read»
Where the charge is not properly set out in the notice under Section 274 of IT Act, the penalty order gets vitiated(10.01.2022)
The assessee was subjected to Survey action under Section 133A of the Income-tax Act, 1961 (IT Act), wherein a sum of Rs. 10,86,800 was offered as add.....
Tags : Penalty, Imposition, Validity
read»
For exercising power under Section 263 of IT Act, there should be material on record to prove that order is not only prejudicial to the interest of Revenue but also erroneous in nature(14.02.2022)
Present appeal by the assessee is preferred against the order of the Principal Commissioner of Income Tax [Appeals], framed under Section 263 of the I.....
Tags : Assessment, Jurisdiction, Validity
read»
An employee in a transferable job has no vested right to remain posted at one place(07.03.2022)
The present petition has been filed seeking setting aside of the order passed by the learned Central Administrative Tribunal, ('CAT') dismissing the p.....
Tags : Transfer order, Powers, Validity
read»
Breach of contract cannot give rise to criminal prosecution for cheating(22.03.2022)
Present appeal is directed against the judgment passed by the High Court filed by the Appellants praying for quashing of proceedings pending before th.....
Tags : Charge sheet, FIR, Validity
read»
Review jurisdiction can be exercised only in a case where it is found that there is an error apparent on the face of the record and not otherwise(22.03.2022)
The Appellant filed Writ Petition before the High Court challenging the order of superannuation and seeking directions to continue him in service till.....
Tags : Review, Jurisdiction, Validity
read»
Deprivation of liberty must be considered a punishment, unless it can be required to ensure that, an accused person will stand his trial when called upon(07.07.2018)
The Applicants filed an application for the grant of bail in their favour in the FIR before the Court of the learned Additional Sessions Judge, which .....
Tags : Bail, Denial, Validity
read»
Supply of tangible goods will fall under the taxable services only when right to possession and effective control is not transferred(02.05.2019)
In facts of present case, during the course of audit it was noticed that, Appellant has recovered rent charges towards rents of gas cylinders obtained.....
Tags : Tax, Levy, Validity
read»
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
read»
No judicial order is complete without reasons and it is expected that every Court, which passes an order should give reasons for the same(29.03.2022)
The present petition has been filed under Section 482 of Code of Criminal procedure, 1973 (CrPC) on behalf of the Petitioner seeking setting aside of .....
Tags : PO, Declaration, Validity
read»
Order of blacklisting can be scrutinized not only on the touchstone of the principles of natural justice but also on the doctrine of proportionality(05.04.2022)
The challenge raised in present writ petition is to the order passed by the Food Corporation of India (FCI) terminating the contract that was issued t.....
Tags : Contract, Termination, Validity
read»
Illegal occupants/encroachers are not entitled to any prior notice(29.06.2022)
The present writ petition has been filed under Articles 226 and 227 of the Constitution of India, 1950 seeking quashing/ setting aside of (i) Notifica.....
Tags : Encroachment, Notification, Validity
read»
All laws are deemed to apply prospectively unless either expressly specified to apply retrospectively(01.09.2020)
Present appeal takes exception to the Final Order passed by the Customs, Excise & Service Tax Appellate Tribunal, whereby the customs duty levied upon.....
Tags : Customs duty, Levy, Validity
read»
An assessee should be given sufficient opportunity to explain their case particularly for invocation of penal provision(24.06.2022)
The Appellant have defaulted the regular payment of duty thereafter the department frozen the bank account of the Appellant and recovered the non paid.....
Tags : Penalty, Levy, Validity
read»
Notice under Section 148 of the IT Act against a dead person is null and void(13.06.2022)
By way of the present writ petition, Petitioner assails the impugned notices in relation to assessment year 2013-14 under Section 148 of the Income Ta.....
Tags : Assessment, Notice, Validity
read»
Availment of credit on the strength of photocopies of the invoices is a procedural lapse and cannot be made the basis to disallow the credit(13.06.2022)
The limited issue involved in the present case is that the Revenue denied Cenvat credit availed on the strength of Xerox copies of the purchase invoic.....
Tags : Cenvat credit, Denial, Validity
read»
Award granting reinstatement should not be passed in the cases of daily rated employees(06.06.2022)
Present petition, filed under Article 227 of the Constitution of India, 1950 challenges the award passed by the Labour Court. The learned advocate for.....
Tags : Reinstatement, Direction, Validity
read»
Gravity and seriousness of the offence is relevant consideration for grant of bail(16.09.2022)
The original complainant has preferred the present appeal dissatisfied with the impugned judgment and order passed by the High Court by which, the Hig.....
Tags : Bail, Grant, Validity
read»
CENVAT credit is allowable on the inputs used in production of electricity which is supplied free of cost to the assessee's sister unit(06.09.2022)
In present case, the Respondent is engaged in manufacture of Ferro Alloys falling under Chapter 72 of the Central Excise Tariff. It also has another u.....
Tags : Cenvat credit, Demand, Validity
read»
A relief of permanent injunction cannot be sought on the basis of an unregistered document(23.09.2022)
The Respondent – original Plaintiff instituted Original Suit before the learned trial Court for permanent injunction only. The said suit was filed on .....
Tags : Injunction, Possession, Validity
read»
Inclusion or exclusion of comparables per se cannot be treated as a question of law unless it is demonstrated that the Tribunal took into account irrelevant consideration(22.09.2022)
Present appeal has been filed seeking a direction for setting aside the order passed by the Income Tax Appellate Tribunal ('ITAT') in with respect to .....
Tags : Comparables, Exclusion, Validity
read»
Competency of the Sanctioning Authority can be tested at any stage of the proceedings(11.11.2022)
The Petitioner raises a challenge to the order, by which the Special Court has rejected application claiming discharge. The Petitioner (accused/Talath.....
Tags : Sanction, Prosecution, Validity
read»
Assessing Officer is bound to supply reasons of reopening of assessment(18.01.2023)
In present case, the assessment was reopened under Section 147 of the Income-tax Act, 1961 and an assessment under Section 143(3) read with Section 14.....
Tags : Assessment, Re-opening, Validity
read»
Mere rejection of the explanation does not entail levy of penalty under Section 271(1)(c) of the IT Act(01.06.2021)
The Appellant is an individual engaged in the business of builders and land promoters. Present is an appeal filed by the assessee directed against the.....
Tags : Assessment, Penalty, Validity
read»
If the findings are based on evidence, the question of adequacy of evidence will not be a ground for interfering with the findings of the departmental enquiries(08.05.2023)
The present writ petition has been filed by the Petitioner impugning the order passed by the Disciplinary Authority of the erstwhile Andhra Bank under.....
Tags : Departmental enquiries, Compulsory retirement, Validity
read»
When cash deposits in specified bank notes already included in gross receipts, the same needs to be excluded for the purpose of estimation of profit(04.08.2023)
The assessee is engaged in the business of bore-well drilling, has not filed its return of income for the assessment year 2017-18 within the time allo.....
Tags : Assessment, Additions, Validity
read»
If the reasons for re-opening the assessment are based on incorrect facts, the notice issued for re-opening cannot be sustained(08.08.2023)
The challenge raised in present Writ Petition is to the notice dated 24th March, 2020 that has been issued by the Income Tax Officer under Section 148.....
Tags : Assessment, Notice, Validity
read»
Amendment in the shipping bills can be allowed by the Proper Officer subject to the only rider that same is based on documentary evidence(26.09.2023)
Instant Appeals have been preferred by the Commissioner of Customs, under Section 130 of the Customs Act, 1962 assailing the orders passed by Custom, .....
Tags : Documents, Amendment, Validity
read»
Principle, ex proprio vigore, would be applicable to arbitrator and multi-member arbitral tribunal as well, particularly when it is faced with a judicial decision ordering a limited remand(19.10.2023)
Present appeal, at the instance of Appellant, registers a challenge to the judgment passed by the High Court dismissing an appeal carried by the Appel.....
Tags : Arbitral award, Quashing of, Validity
read»
For a mere technical venial breach, the assessee should not be invited with penalty(16.01.2024)
The issue to be decided in present appeals is as to whether the learned CIT(A) was justified in confirming the levy of penalty under Section 272A(2)(k.....
Tags : Penalty, Imposition, Validity
read»
Provisions of Section 13 of IT Act would be attracted only at the time of assessment and not at the time of grant of registration(02.07.2024)
Present is an appeal filed by the assessee against the order of the learned Commissioner of Income-tax (Exemption), rejecting application for registra.....
Tags : Registration, Denial, Validity
read»
An officer, who has passed original order of assessment, could only undertake re-assessment under Section 28 (4) of Customs Act(09.03.2021)
Present batch of statutory appeals under Section 130E of the Customs Act, 1962 arises from a common final order of the Central Excise and Service Tax .....
Tags : superior authority, Assessment, Validity
read»