25 March 2019


Search Results for Tag : Validity

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

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Judgments

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

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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

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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

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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

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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

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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

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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

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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

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

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

Tags : Admission, Provisional Certificate, Validity

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

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

Tags : Provision, Constitutional Validity

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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

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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

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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

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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

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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

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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

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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

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

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

Tags : Charge, Provisions, Proceedings, Validity

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

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

Tags : Proceedings, Externment, Validity

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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

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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

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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

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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

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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

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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

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

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

Tags : Proceedings, Externment, Validity

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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

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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

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

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

Tags : Bail, Rejection, Validity

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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

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

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

Tags : Seniority, Promotion, Provisions, Validity

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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

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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

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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

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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

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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

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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

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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

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

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

Tags : Mens rea, Proceedings, Validity

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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

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

Tags : Departmental proceedings, Dismissal, Validity

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

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

Tags : Legal representatives, Impleadment, Rejection, Validity

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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

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

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

Tags : Externment, Proceedings, Validity

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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

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

Tags : Arbitral proceedings, Termination, Validity

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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

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

Tags : Bail, Rejection, Validity

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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

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

Tags : Bid, Rejection, Validity

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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

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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

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

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

Tags : Bid, Rejection, Validity

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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

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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

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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

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

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

Tags : Candidature, Rejection, Validity

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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

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

Tags : Impleadment, Amendment, Rejection, Validity

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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

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

Tags : Bid, Rejection, Validity

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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

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

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

Tags : Bail, Rejection, Validity

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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Top Story

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

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

Tags : Adultery, Provision, Validity

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

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

Tags : Complaint, Proceedings, Validity

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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

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

Tags : Proceedings, Quashing of, Validity

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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

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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

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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

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

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

Tags : Technical bid, Rejection, Validity

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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

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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

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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

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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

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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

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

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

Tags : Proceedings, Quashing of, Validity

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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

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

Tags : Summon, Proceedings, Validity

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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

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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

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