29 April 2024


Search Results for Tag : procedure

International Cases

Dismissal of claimant automatically unfair due to non-completion of statutory dismissal procedure(21.02.2017)

Present case deals with claim of unfair dismissal. Issue to be determined by tribunal was whether the claimant was an employee of Respondent. In claim.....

Tags : Dismissal, Statutory Procedure, Compensation

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Top Story

DGFT simplifies the process of levying Composition Fee for Export Obligation Extension(01.03.2023)

The Directorate General of Foreign Trade (DGFT) has notified amended rules for implementing all PRC (Policy Relaxation Committee) decisions regarding .....

Tags : Composition Fee, Procedure, Simplification

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Judgments

Prosecution under Section 182 of IPC void without following procedure prescribed under Section 195 of Cr. PC(10.01.2017)

Instant appeals arise out of criminal proceedings pending in Court of Additional Session Judge, Delhi in relation to offences registered under Section.....

Tags : Conviction, Procedure, Applicability

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Discharge proceeded without reference to Invalidating Medical Board cannot be sustained(02.09.2019)

The Appellant was enrolled in the Army as a Washerman. He was discharged from service on medical grounds on August 31, 1993. Appellant, aggrieved agai.....

Tags : Discharge, Procedure, Legality

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Fresh environmental clearance necessary for expansion beyond limits approved by Prior EC(03.12.2019)

The present Civil Appeal arises from an order of the Principal Bench of the National Green Tribunal. In its order, the NGT held that, the increase in .....

Tags : Environmental impact, Regulatory procedure, Compliance

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Communication of Show-Cause Notice must be on Revenue’s website and not via email(19.11.2020)

Instant petition invoking writ and supervisory jurisdiction of present Court under Articles 226 and 227 of Constitution of India, 1950 is filed prayin.....

Tags : SCN, Procedure, Compliance

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Proceedings initiated under SARFAESI Act by the secured creditors cannot be nullified merely on basis of technical defects and procedural lapses unless substantial prejudice was caused to the defaulte(27.10.2020)

The instant appeal is directed against the impugned judgment passed by the Division Bench of the High Court wherein the High Court while reversing the.....

Tags : Procedure, Initiation, Compliance

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Writ petition is maintainable if Assessment Order passed without complying with the procedure laid down in the Scheme and in violation of principles of natural justice(14.07.2021)

Present petition has been filed by the Petitioner challenging the Assessment Order passed under Section 143(3) read with Sections 143(3A) and 143(3B) .....

Tags : Assessment, Procedure, Compliance

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Party can approach Apex Court under Article 136 of Constitution, only if, the order was passed by NCDRC in exercise of its original jurisdiction(26.07.2023)

Present petition seeking leave to appeal under Article 136 of the Constitution, 1950 is at the instance of Universal Sompo General Insurance Company L.....

Tags : Alternate remedy, Procedure, Jurisdiction

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Action of informing the person arrested about the grounds of his arrest is a sufficient compliance of Section 19 of PMLA and Article 22(1) of the Constitution(15.12.2023)

The present appeal is directed against the judgment passed by the High Court of, whereby the High Court has dismissed the petition seeking declaration.....

Tags : Arrest, Procedure, Compliance

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Certified copy which includes a print out must be accompanied by a certificate as contemplated in Section 2-A (a), (b) and (c) of Bankers' Books Evidence Act, 1891(20.10.2023)

A short question of law arises in present petition is whether procedure prescribed under the provisions of the Bankers' Books Evidence Act, 1891 is re.....

Tags : Documents, Procedure, Applicability

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Parties to an arbitration agreement have autonomy to decide on both procedural and substantive law(15.12.2016)

In instant case, Parties entered into a contract and disputes arose between them. Contract contained an arbitration Clause and Centrotrade invoked it......

Tags : Arbitration, Procedure, Jurisdiction

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Refund claim cannot be converted into rebate claim without following prescribed procedure(15.05.2017)

In facts of present case, Appellants are engaged in manufacture of excisable goods falling under Chapter Heading 7308 90 90 of Central Excise Tariff A.....

Tags : Refund, Entitlement, Procedure, Compliance

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Passport department apathy blamed on uncooperative software(17.05.2016)

A mother’s name is sufficient in certain cases to apply for a passport, especially since a single woman can be a natural guardian and parent, the Delh.....

Tags : passport, father’s name, guardianship, procedure

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In the absence of any other method prescribed under the Rules concerned, change of leader has to be in the same democratic process of induction(01.09.2021)

The Appellant has approached present Court being aggrieved by the judgment and order passed by the High Court, thereby dismissing the writ petition ch.....

Tags : Appointment, Procedure, Legality

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News

Delhi HC: High Court's Supervisory Jurisdiction Over Orders Under Order 39 Rules 1&2 Restricted(26.04.2022)

Delhi High Court has ruled that the scope of interference in exercise of its supervisory jurisdiction of the High Court under Article 227 of the Const.....

Tags : Delhi High Court, Article 227, Constitution of India, Code of Civil Procedure, 1908, Order XXXIX, supervisory jurisdiction

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Allahabad HC: Non-Reporting of Seizure U/S 102 (3) CrPC Doesn't Make Such Seizure Illegal(26.04.2022)

Allahabad High Court has ruled that non-reporting of the seizure forthwith, under Section 102(3) of the Code of Criminal Procedure, 1973 shall not ips.....

Tags : Allahabad High Court, Section 102(3), Code Of Criminal Procedure, 1973, ipso facto, seizure

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Orissa HC: Remand Date to be Excluded From Calculation of Statutory Period for Granting Default Bail(26.04.2022)

Orissa High Court has reiterated that while calculating the statutory period for granting default bail under Section 167(2) of the Code of Criminal Pr.....

Tags : Orissa High Court, statutory period, default bail, Section 167(2), Code of Criminal Procedure, 1973, res integra

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Orissa HC: Remand Date to be Excluded From Calculation of Statutory Period for Granting Default Bail(26.04.2022)

Orissa High Court has reiterated that while calculating the statutory period for granting default bail under Section 167(2) of the Code of Criminal Pr.....

Tags : Orissa High Court, statutory period, default bail, Section 167(2), Code of Criminal Procedure, 1973, res integra

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Allahabad HC: Maintenance U/S 125 CrPC Can be Granted if Restitution of Conjugal Rights is Passed(27.04.2022)

Allahabad High Court has held that there is no bar under Section 125 of the Code of Criminal Procedure, 1973 to grant maintenance to a wife, even agai.....

Tags : Allahabad High Court, Section 125, Code of Criminal Procedure, 1973, conjugal rights

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Madras HC Issues Notice on Plea Seeking Notification of Time Table & Procedure for Admission(10.08.2020)

Madras High Court has issued notices on a Petition seeking a direction upon the State Government to release the time table and procedure for admission.....

Tags : Madras High Court, Time Table & Procedure for Admission

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Allahabad HC: Divorced, Unmarried Muslim Woman Can Claim Maintenance u/s 125 CrPC(18.04.2022)

Allahabad High Court has held that a divorced Muslim woman shall be entitled to claim maintenance from her husband under Section 125 of the Code of Cr.....

Tags : Allahabad High Court, Section 125 of the Code of Criminal Procedure, 1973, iddat

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Orissa HC: Revision Petition Not Maintainable Against District Court Appellate/Revisional Order(19.04.2022)

Orissa High Court has held that a revision petition under Section 115 of the Code of Civil Procedure Code,1908 is not maintainable before the High Co.....

Tags : Orissa High Court, under Section 115 of the Code of Civil Procedure ,1908, High Court, revisional jurisdiction

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JKL HC: Convicted Accused Who Can't Understand Proceedings Can Be Referred To HC u/s 341 J&K CrPC(19.04.2022)

Jammu and Kashmir and Ladakh High Court has held that the case of an accused who’s convicted, although not insane, but who can’t be made to comprehend.....

Tags : Jammu and Kashmir and Ladakh High Court, section 341 of Jammu and Kashmir Code of Criminal Procedure, 1973, High Court

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JKL HC: Convicted Accused Who Can't Understand Proceedings Can Be Referred To HC u/s 341 J&K CrPC(19.04.2022)

Jammu and Kashmir and Ladakh High Court has held that the case of an accused who’s convicted, although not insane, but who can’t be made to comprehend.....

Tags : Jammu and Kashmir and Ladakh High Court, section 341 of Jammu and Kashmir Code of Criminal Procedure, 1973, High Court

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Delhi HC: Husband Having Sufficient Means Obligated to Maintain Wife & Children(27.04.2022)

Delhi High Court has observed that under section 125 of Code of Criminal Procedure, 1973 entails that if the husband has adequate means, he is duty-bo.....

Tags : Delhi High Court, section 125, Code of Criminal Procedure, 1973

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Rajasthan HC: Criminal Revision Petition Maintainable Against Order of Interim Maintenance(28.04.2022)

Rajasthan High Court has ruled that an order of interim maintenance under Section 125 of the Code of Criminal Procedure, 1973 by any Family Court or M.....

Tags : Rajasthan High Court, interim maintenance, Section 125, Code of Criminal Procedure, 1973

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Karnataka HC: Period Must be Counted for Default Bail U/S 167(2) CrPC if Liberty of Accused Lost(28.04.2022)

Karnataka High Court has reiterated that even when the accused is protected on body warrant, the liberty of the said accused is lost and that period w.....

Tags : Karnataka High Court, Section 167(2), Code of Criminal Procedure, 1973, statutory bail

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Allahabad HC: Provision Of De Novo Trial Is Mandatory For Any Accused Summoned U/S 319 CrPC(28.04.2022)

Allahabad High Court has observed that the provision of de novo trial is compulsory for the accused summoned under Section 319 of the Code of Criminal.....

Tags : Allahabad High Court, de novo trial, Section 319, Code of Criminal Procedure, 1973

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AP HC: Criminal Proceedings Can't be Quashed if Specific Accusations Made Against Accused U/S 482(28.04.2022)

Andhra Pradesh High Court has reiterated that when there are definite accusations in the First Information Report, charge sheet and witness statement .....

Tags : Andhra Pradesh High Court, First Information Report, Code of Criminal Procedure, 1973, Section 482

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Allahabad HC: Clerical Mistake in Verification of Pleadings Can be Rectified U/O VI Rule 17 CPC(28.04.2022)

Allahabad High Court has ruled that a clerical/procedural mistake that has occurred in the authentication of pleadings can be rectified by moving the .....

Tags : Allahabad High Court, pleadings, Order VI Rule 17, Code of Civil Procedure, 1908

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Allahabad High Court Issues Clarifications on E-Filing Procedure(15.04.2020)

Allahabad High Court has modified the e-filing procedure for taking up urgent matters. The Advocates would have an additional option of filing with th.....

Tags : Allahabad High Court, Clarifications on E-Filing Procedure

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Gauhati HC Issues Procedure for Filing & Hearing of Urgent Cases via Video Conferencing(17.04.2020)

Gauhati High Court has decided to hear only urgent matters through video conferencing via Vidyo app until 3rd May, 2020.

Tags : Gauhati High Court, Procedure for Filing & Hearing of Urgent Cases

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Central Government Introduces Bill to Collect Biometrics of Prisoners(29.03.2022)

Central government has introduced the Criminal Procedure (Identification) Bill, 2022. The bill proposes to repeal Identification of Prisoner Act, 1920.....

Tags : Central Government, Criminal Procedure (Identification) Bill, 2022

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Delhi High Court: Suit Property Can't Be Attached Under Order 38 Rule 5 CPC Mechanically(31.03.2022)

Delhi High Court has reiterated that the power under Order XXXVIII Rule 5 of Code of Civil Procedure, 1908 cannot be exercised mechanically or merely .....

Tags : Delhi High Court, Order XXXVIII Rule 5, Code of Civil Procedure, High Court, Suit Property

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Lok Sabha Passes Criminal Procedure (Identification) Bill for Collection of Prisoners' Biometrics(05.04.2022)

Lok Sabha has passed the Criminal Procedure (Identification) Bill, 2022 which enables investigating officers to collect the biometric details of priso.....

Tags : Lok Sabha, Criminal Procedure (Identification) Bill, 2022

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Allahabad HC: Absconder/ Proclaimed Offender Not Entitled to Anticipatory Bail(07.04.2022)

Allahabad High Court has refused anticipatory bail to a POCSO accused who raped a minor girl and her mother, holding that if anyone has been declared .....

Tags : Allahabad High Court, anticipatory bail, The Code Of Criminal Procedure, 1973, Section 82

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Delhi HC: Application for Leave to Serve Interrogatories Need Not be Decided Ex-Parte(07.04.2022)

Delhi High Court has held that no prescription in law, either statutory or precedential, that inhibits from issuing notice under Order XI Rule 1 of Co.....

Tags : Delhi High Court, statutory, precedential, Order XI Rule 1 of Code of Civil Procedure, 1908, prescription in law

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Karnataka HC: Charge sheet Without FSL Report Not Defective u/s 167(2) CrPC(08.04.2022)

Karnataka High Court has observed that an accused charged under Narcotic Drugs and Psychotropic Substances Act, 1985 does not get a right to default b.....

Tags : Karnataka High Court, Narcotic Drugs & Psychotropic Substances Act,1985, Section 167(2) of Code of Criminal Procedure, 1973, Forensic Science Laboratory Division, charge sheet

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Delhi HC: Section 10 of CPC Does Not Lay an Embargo in Proceeding with Arbitration(11.04.2022)

Delhi High Court has held that Section 10 of the Code of Civil Procedure, 1908 does not lay an embargo in proceeding during the pendency of insolvency.....

Tags : Delhi High Court, Section 10 of the Code of Civil Procedure, 1908, embargo, insolvency proceedings, Provincial Insolvency Act, 1920

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Delhi HC: Apprehension That Accused May Flee Not Enough for Rejecting Benefit of S.445 CrPC(13.04.2022)

Delhi High Court has observed that a mere apprehension communicated by the prosecution that the accused may flee the course of justice, cannot be the .....

Tags : Delhi High Court, apprehension, Section 445 Code of Criminal Procedure, 1973, prosecution

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SC Directs on Student Representation Challenging School’s Failure to Adopt Evaluation Procedure(01.02.2022)

Supreme Court has directed the School Result Committee to decide the student's representation within 2 weeks, in a writ petition filed by Class XII pa.....

Tags : Supreme Court, Failure to Adopt Evaluation Procedure

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J&K&L HC Imposes Rs. 10 Lakh Penalty on Govt. for Forcibly Taking Over Private Land(01.07.2022)

Jammu and Kashmir and Ladakh High Court has imposed a cost of Rs. 10 lakh on the Union Territory administration for forcibly taking over a private lan.....

Tags : Jammu and Kashmir and Ladakh High Court, Private Land, Due Procedure

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Allahabad HC: Proceedings U/S 145 CrPC Has to be Discontinued if Suit for Possession is Pending(04.05.2022)

Allahabad High Court has observed that where a civil suit for possession or declaration of the title with regard to the same property is pending, the .....

Tags : Allahabad High Court, Section 145, Code of Criminal Procedure, 1973, Possession

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Orissa HC: No Prohibition on Third Party to Proceed Even After Rejection of Impleadment(04.05.2022)

Orissa High Court has ruled that there is no prohibition to bring an application under Order 21 Rules 97, 99 and 101 of the Code of Civil Procedure, 1.....

Tags : Orissa High Court, Order 21, Code of Civil Procedure, 1908, Order 1

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Punjab And Haryana High Court: Wife Can't Be Denied Maintenance On Grounds That She Is Well-Educated(05.05.2022)

Punjab and Haryana High Court has observed that husband is legally and morally responsible; wife cannot be denied maintenance on the grounds of being .....

Tags : Punjab and Haryana High Court, Maintenance for Wife, Section 125 Criminal Procedure Code

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P&H HC: S.24 CPC Can't Be Construed Loosely To Allow Transfer On Frivolous & Flimsy Grounds(06.05.2022)

Punjab and Haryana High Court, while dealing with a transfer application concerning a matrimonial dispute, held that provisions of Section 24 of Code .....

Tags : Punjab and Haryana High Court, Section 24, Code of Civil Procedure, 1908, matrimonial dispute

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Kerala HC: Wife Can Claim Maintenance U/S 125 Crpc Until She Obtains Benefit Under Muslim Law(13.05.2022)

Kerala HC has restated that a divorced Muslim woman can seek maintenance under Section 125 of Code of Criminal Procedure, 1973 (CrPC), until she obtai.....

Tags : Kerala High Court, Muslim, Code of Criminal Procedure, 1973, Muslim Women (Protection of Rights on Divorce) Act, 1986, Section 125

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Delhi HC: Oral Examination of Any Party to Suit is Matter of Discretion Under Order X CPC(16.05.2022)

Delhi High Court has ruled that under Order X of the Code of Civil Procedure, 1908 (CPC), the question of whether any of the parties to the suit is re.....

Tags : Delhi High Court, Order X, Code of Civil Procedure, 1908

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Delhi HC: Striking Off Tenant's Defense Under Order XVA CPC Doesn't Justify Default in Rent Payment(17.05.2022)

Delhi High Court has ruled that a tenant's failure to pay rent as directed by the court under Order XVA(1) of the Code of Civil Procedure, 1908 (CPC) .....

Tags : Delhi High Court, rent, Order XVA(1), Code of Civil Procedure, 1908

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Calcutta HC: Accused Shall be Given Opportunity to Explain Circumstances Appearing Against Him(17.05.2022)

Calcutta High Court has observed that while examining an accused under Section 313 of the Code of Criminal Procedure, 1973 (CrPC), the prosecution is .....

Tags : Calcutta High Court, Section 313, Code of Criminal Procedure, 1973, prosecution

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Allahabad HC: Clerical/Procedural Mistake in Pleadings Can be Rectified Under Order VI Rule 17 CPC(29.04.2022)

Allahabad High Court has observed that a clerical/procedural mistake that has occurred in the verification of pleadings can be rectified by moving the.....

Tags : Allahabad High Court, Order VI Rule 17, Code of Civil Procedure, 1908, pleadings

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Allahabad HC: Clerical/Procedural Mistake in Pleadings Can be Rectified Under Order VI Rule 17 CPC(29.04.2022)

Allahabad High Court has observed that a clerical/procedural mistake that has occurred in the verification of pleadings can be rectified by moving the.....

Tags : Allahabad High Court, Order VI Rule 17, Code of Civil Procedure, 1908, pleadings

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Gujarat HC: Bar on Cognizance U/S 195(1)(b)(ii) CrPC Not Attracted When Forgery Took Place(02.05.2022)

Gujarat High Court has ruled that the bar of Section 195(1)(b)(ii) of the Code of Criminal Procedure, 1973 would be attracted only when the offences p.....

Tags : Gujarat High Court, Section 195(1)(b)(ii), Code of Criminal Procedure, 1973

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CBIC Lays Down Procedures Relating to Sanction, Post-Audit, And Review of Refund Claims(15.06.2022)

Central Board of Indirect Taxes and Customs (CBIC) has in the light of the receipt of reports of different practices being followed by the field forma.....

Tags : CBIC, Procedures

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IBBI Amends Regulations on Grievance & Complaint Handling Procedure and Inspection & Investigation(16.06.2022)

Insolvency and Bankruptcy Board of India (IBBI) has notified IBBI (Grievance and Complaint Handling Procedure) (Amendment) Regulations, 2022 and IBBI .....

Tags : IBBI, Grievance and Complaint Handling Procedure, Inspection and Investigation.

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Calcutta HC Orders Mandatory Videography of Recovery Procedure Under NDPS Act(24.06.2022)

Calcutta High Court has directed that in all cases involving recovery of narcotic substances, seizing officers shall make a video recording of the ent.....

Tags : Calcutta High Court, Videography, Recovery Procedure, NDPS

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HP HC: Extension of Parole Can't be Sought from High Court U/S 482 CrPC(24.06.2022)

Himachal Pradesh High Court has held that a convict cannot be granted extension of parole while exercising jurisdiction under Section 482 of Code of C.....

Tags : Himachal Pradesh High Court, Parole, Code of Criminal Procedure

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Adoption Regulations Defining Adoption Procedures By Relatives Within Country & Abroad Rolls in Today(16.01.2017)

Adoption Regulations, 2017 that defines procedures related to adoption by relatives, both within the country and abroad will become operational from t.....

Tags : Adoption Regulations, 2017, Adoption Procedures

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Supreme Court Collegium Finalizes MoP For Appointment of Judges(16.03.2017)

Supreme Court collegium, while bringing down curtain on a 17 month standoff with Centre and also overcoming serious differences within itself, has fin.....

Tags : Supreme Court, Memorandum of Procedure, Judges

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CRIMINAL - SC: Stronger Evidence than Mere Chances of Complicity Required for Adding Additional Accused(19.03.2019)

Supreme Court has observed that to add a person as additional accused under Section 319 of the Code of Criminal Procedure, stronger evidence is requir.....

Tags : Supreme court, Code of Criminal Procedure, Section 319

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NARCOTICS - Calcutta HC: NDPS Court Not Exercising Magisterial Powers While Remanding Accused at Post-Cognizance(26.03.2019)

Calcutta High Court has dismissed habeas corpus petition holding that Special Court under Narcotic Drugs and Psychotropic Substances Act (NDPS) is not.....

Tags : Calcutta High Court, Section 309 of Code of Criminal Procedure

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CRIMINAL - Magistrate Can't Release Seized Vehicle, Once Confiscation Proceedings Under Forest Act Initiated:SC(27.03.2019)

Supreme Court has held that a Magistrate has no jurisdiction under Section 451 of the Criminal Procedure to release a seized vehicle, once the Authori.....

Tags : Supreme Court, Section 451 of the Criminal Procedure, Forest Act

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CRIMINAL - Mere Disclosure of Names by Witnesses During Trial Not Enough to Add Person as Additional Accused: SC(14.03.2019)

Supreme Court has observed that mere disclosure of names of some persons by witnesses during trial cannot be said to be strong and cogent evidence to .....

Tags : Supreme Court, Section 319 of the Criminal Procedure Code, Witness

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CRIMINAL - Mere Disclosure of Names by Witness During Trial Not Enough to Add Person as Additional Accused: SC(14.03.2019)

Supreme Court has observed that mere disclosure of names of some persons by witnesses during trial cannot be said to be strong and cogent evidence to .....

Tags : Supreme Court, Section 319 of the Criminal Procedure Code, Witness

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MP High Court: No ‘Roving Inquiry’ While Exercising Jurisdiction U/s 482 CrPC(14.03.2017)

Madhya Pradesh High Court has held that while exercising jurisdiction of section 482 of Criminal Procedure Code, Courts cannot indulge in a “roving in.....

Tags : Madhya Pradesh High Court, roving inquiry, Criminal Procedure Code

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Kerala HC Allows Couple Above Statutory Age Bar to Continue With Assisted Reproductive Procedure(23.11.2022)

Kerala High Court has granted a married couple aged over 50 years to continue their treatment with Assisted Reproduction Technology in-spite of the up.....

Tags : Kerala High Court, Assisted Reproductive Procedure, Age

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ICDR Amends Dispute Resolution Procedures Including Arbitration and Mediation Rules(02.03.2021)

International Centre for Dispute Resolution (ICDR) has amended its Dispute Resolution Procedures, including the Arbitration and Mediation Rules. The r.....

Tags : International Centre for Dispute Resolution, Amendment to Dispute Resolution Procedures

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Delhi HC: Time for Filing Written Statement Starts From Date of Providing Suit to Defendant(17.10.2022)

Delhi High Court has ruled that the time for filing the written statement by the defendant under the Code of Civil Procedure, after issuance of summon.....

Tags : Delhi High Court, written statement, summons, Code of Civil Procedure

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SC: HC Doesn’t Have Power to Direct Investigation to be Conducted in Particular Manner(14.12.2022)

Supreme Court has held that High Court does not have power under Articles 226 of Constitution of India or Section 482 of Code of Criminal Procedure to.....

Tags : Supreme Court, Investigation, Code of Criminal Procedure

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Criminal Procedure Code (Uttar Pradesh Amendment) Bill, 2018 Re-introduced in Uttar Pradesh(13.06.2019)

Uttar Pradesh Government has re-introduced the provision of anticipatory bail after almost 43 years. This has paved the way for the Accused to get adv.....

Tags : Criminal Procedure Code (Uttar Pradesh Amendment) Bill, 2018, Uttar Pradesh

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SC Issues Directions for Uniform Procedure in Granting Motor Accident Compensation(18.03.2021)

Supreme Court has issued a slew of directions regarding process of disbursement of compensation as well as expediting the matter before the Motor Acci.....

Tags : Supreme Court, Uniform Procedure in Granting Motor Accident Compensation

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Ministry of Corporate Affairs Notifies Procedure of Transfer of Shares to IEPF Authority(15.06.2021)

Ministry of Corporate Affairs has notified the Investor Education and Protection Fund Authority (Accounting, Audit, Transfer, and Refund) Amendment Ru.....

Tags : Ministry of Corporate Affairs, Procedure of Transfer of Shares to IEPF Authority

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SC: Sealed Cover Procedure Fundamentally Against Judicial Process(20.03.2023)

Supreme Court while refusing to accept sealed cover note submitted by Central Government in matter relating to disbursal of pension arrears to retired.....

Tags : Supreme Court, Sealed Cover Procedure, OROP

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Bombay HC: Civil Court Has Power to Summon Witness While Conducting Inquiry Under CrPC(03.05.2017)

Bombay High Court has ruled that a Civil Court has power to call a witness under Section 311 of Code of Criminal Procedure while conducting an inquiry.....

Tags : Bombay High Court, Civil Court, Code of Criminal Procedure

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Kerala HC Dismisses Plea Questioning SOP by Lakshadweep Administration Over Quarantine(02.06.2021)

Kerala High Court has dismissed a writ appeal and a public interest litigation petition that questioned a Standard Operating Procedure by the Lakshadw.....

Tags : Kerala High Court, Quarantine Standard Operating Procedure

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SC Asks Centre to Draft MoP, Based on Suggestions Given by People(19.11.2015)

SC has asked Centre to frame draft of Memorandum of Procedure (MoP), based on suggestions given by people, to be followed by collegium for appointment.....

Tags : SC , Memorandum of Procedure , collegium, appointment of judges

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Bom. HC: Illegality of Appointment Procedure Not Ground for Rendering Arbitration Agreement Invalid(09.05.2023)

Bombay High Court has held that mere illegality of the appointment procedure would not swipe the entire arbitration agreement into illegality and what.....

Tags : Bombay High Court, Appointment Procedure, Illegality of Appointment

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Delhi HC Seeks Delhi Government Response Regarding Procedure for Medical Treatment(19.08.2021)

Delhi High Court has sought the Delhi Government's response regarding the procedure required to be followed by a woman suffering from serious illness .....

Tags : Delhi High Court, Procedure for Medical Treatment

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SC Directs Centre to Prepare MOP on Appointment of Judges(16.12.2015)

SC has asked Centre to take into consideration suggestions on issues of eligibility, transparency, setting up Secretariat for appointment of judges, r.....

Tags : SC, Memorandum Of Procedure

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SC Dismisses Petition Which Questioned Delay in MOP Appointments of Judges Before It’s Finalisation(09.11.2017)

Supreme Court has dismissed a petition seeking an explanation from the Centre for the delay in finalizing the Memorandum of Procedure (MOP) for appoin.....

Tags : Supreme Court, Memorandum of Procedure

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SC: Period Undergone By a Convict While In Detention as Under Trial Could Be Set Off(09.11.2017)

Supreme Court has held that period already undergone by a convict while he was in detention, as under-trial and as convict, could be treated as jail s.....

Tags : Supreme Court, Code of Criminal Procedure

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JKL HC: S.482 CrPC Cannot be Invoked to Challenge Proceedings Initiated U/S 12 J&K DV Act(25.07.2023)

Jammu & Kashmir & Ladakh HC has held that Section 482 of Code of Criminal Procedure (CrPC) cannot be used to challenge the proceedings initiated under.....

Tags : Jammu & Kashmir & Ladakh HC, Code of Criminal Procedure, Jammu and Kashmir Protection of Women From Domestic Violence Act, 2010

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SC: Power u/s 482 CrPC Cannot be Exercised Where Allegations Required to be Proved in Court of Law(03.02.2020)

Supreme Court has held that power under Section 482 of the Code of Criminal Procedure, 1973 cannot be exercised where the allegations are required to .....

Tags : Supreme Court, Power under Section 482, Criminal Procedure Code, 1973

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CCI Issues Combination Regulations to Streamline Norms for M&A Filings(13.01.2016)

Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2016, has been no.....

Tags : Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2016

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SC Issues New Standard Operation Procedure for Lawyers and Party-in-Persons(18.05.2020)

Supreme Court has introduced and directed the implementation of a new Standard Operating Procedure for advocates and parties appearing in person to ea.....

Tags : Supreme Court, New Standard Operation Procedure

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Allahabad HC: Magistrate Has Obligation To Ensure Fair Probe After Passing Order U/S 156 (3) CrPC(08.03.2022)

Allahabad High Court has held that the Magistrate cannot wash his hands of the case after passing an order under Section 156 (3) Cr.P.C and that it is.....

Tags : Allahabad High Court, Section 156(3), Criminal Procedure Code, 1973, Monitoring Investigation

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SC: Court Can Exempt Accused from Personal Appearance Before Grant of Bail(03.05.2024)

Supreme Court has observed that power to grant exemption from personal appearance under the Code of Criminal Procedure should not be read in a restric.....

Tags : Supreme Court, Bail, Code of Criminal Procedure

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Delhi High Court: Belated Filing Of Documents By Defendant Not Permissible Without Leave Of Court(28.01.2022)

Delhi High Court has observed that provisions of Order VIII Rule 1(3) Civil Procedure Code, 1908 make it clear that document which ought to be produce.....

Tags : Delhi High Court, Order VIII Rule 1, Civil Procedure Code 1908

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Karnataka HC: Anticipatory Bail Plea Not Maintainable Once Accused Enters Appearance(28.01.2022)

Karnataka High Court has observed that once an accused has appeared before the court, either personally or through his counsel, he cannot seek anticip.....

Tags : Karnataka High Court, Section 438 Criminal Procedure Code

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Kerala HC Directs to Notify Order Clarifying Procedure for Medical Professional in Criminal Case(25.10.2021)

Kerala High Court has directed the State to expeditiously notify an order clarifying the procedure to be followed by medical professionals while exami.....

Tags : Kerala High Court, Procedure for Medical Professional in Criminal Case

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Telangana HC Grants Liberty to Accused to Initiate Proceeding for Non-Following of Arrest Procedure(22.11.2021)

Telangana High Court granted liberty to an accused to initiate proceedings against police officials if the procedure for arrest under Section 41A of t.....

Tags : Telangana High Court, Non-Following of Arrest Procedure

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SC Issues Guidelines to High Courts Regarding Summoning Government Officials(03.01.2024)

Supreme Court framed a Standard Operating Procedure (SOP) for the summoning of government officials to address the issue of arbitrary and frequent sum.....

Tags : Supreme Court, Standard Operating Procedure, Guidelines, Summon, Government Officials

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Del. HC: SOPs to be Followed by Colleges During Events, Framed by Delhi Police(24.04.2024)

Delhi High Court has closed a suo motu Public Interest Litigation filed on issues of security breaches at events organized by colleges, after Delhi Po.....

Tags : Delhi High Court, Public Interest Litigation, Standard Operating Procedure

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Rajasthan HC Dismisses Plea Alleging RPSC Procedure Being in Conflict With UGC Norms(10.01.2022)

Rajasthan High Court has dismissed a plea challenging the RPSC procedure for the selection of Assistant Professors in government colleges for a total .....

Tags : Rajasthan High Court, RPSC Recruitment Procedure

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Bombay HC Asks Centre to Submit Procedure in Application Against Unlawful Activities of Organization(17.02.2020)

Bombay High Court has asked the Centre to submit on record the procedure followed in deciding an application seeking a ban on an organisation for indu.....

Tags : Bombay High Court, Procedure for Application, Unlawful Activities of Organization

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Notifications & Circulars

EPCH hails GST notification to ease procedure for merchant exporters(24.10.2017)

The Export Promotion Council for Handicrafts has welcomed the Government's decision to ease the procedure for merchant exporters. Handicrafts merchant.....

Tags : EPCH, GST notification to ease procedure for merchant exporters

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Amendment in para 3.13 of the Handbook of Procedures (2015-2020)(23.10.2017)

In exercise of powers conferred under Paragraph 2.04 of FTP 2015-2020, the Director General of Foreign Trade hereby makes the following amendment in t.....

Tags : Handbook, Procedures, Amendment

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Procedure to be followed by nominated agencies importing gold/ silver/ platinum under the scheme for 'Export Against Supply by Nominated Agencies'(23.07.2018)

1. Circular no. 27/2016-Customs dated 10.06.2016 was issued providing for a simplified procedure in view of non-applicability of warehousing provision.....

Tags : Procedure, Gold, Import

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Standard operating procedures for discharge of bonds executed by nominated agencies/banks under Notification No. 57/2000-Customs dated 08.05.2000(08.08.2018)

1.References have been received from the exporter associations that there is an inordinate delay in release of bonds executed by the nominated agencie.....

Tags : Bonds, Discharge, Procedure

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Uniformity in the procedure for obtaining samples of goods at the Exchange accredited warehouses.(16.10.2018)

1. Majority of the agricultural commodities traded on exchange platform requires assaying. The number and size of the samples are determined by the na.....

Tags : Procedure, Uniformity, Samples, Goods

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Ministry of Road Transport and Highways Issues Standard Operating Procedure for Acceptance of Transport Related Information in Electronic form(18.12.2018)

The Ministry of Road Transport & Highways has issued Standard Operating Procedure (SOPs) ensuring that vehicle owners may be allowed to present their .....

Tags : Procedure, Information, Electronic form

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Standard Operating Procedure to be followed by exporters(23.01.2020)

As you are aware, several cases of monetisation of credit fraudulently obtained or ineligible credit through refund of Integrated Goods & Service Tax .....

Tags : Standard Operating Procedure, Exporters

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Reporting and Accounting of Central Government Transactions of March, 2020(17.03.2020)

1. Please refer to Circular DGBA.GBD.No.2394/42.01.029/2018-19 dated March 20, 2019 advising the procedure to be followed for reporting and accounting.....

Tags : Transactions, Reporting, Procedure

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Procedure for availing Transport and Marketing Assistance on Specified Agriculture Products-claims to be made on per kilogram basis for the shipments by air(12.05.2020)

Consequent upon issuance of Notification No. 17/3/2018-EP (Agri. IV) dated 27.04.2020 by Department of Commerce and in exercise of the powers conferre.....

Tags : Procedure, Transport assistance, Agriculture Products

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Format, procedure and guidelines for submission of Statement of Financial Transactions for Dividend income(20.04.2021)

1. Section 285BA of the Income Tax Act, 1961 and Rule 114E requires specified reporting persons to furnish statement of financial transaction (SFT). <.....

Tags : Procedure, Guidelines, Dividend income

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Online Procedure for transfer of advance authorisation/EPCG authorisation in case of amalgamation/de-merger/acquisition(04.08.2021)

1. In continuation to Public Notice 34/2015-2020 dated 24.12.2020, it is stated that in case of amalgamation/de-merger/acquisition/insolvency the expo.....

Tags : Online Procedure, Transfer, Advance authorisation

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Procedure for inspection of ICDs/CFSs/AFSs(08.10.2020)

Kind reference is drawn to Audit Report 16 of 2018 on Working of Inland Container Depots (ICDs) and Container Freight Stations (CFSs) wherein several .....

Tags : Procedure, Inspection, ICDs

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Procedure for seeking prior approval for change in control of Portfolio Managers(02.06.2022)

1. Regulation 11(aa) of SEBI (Portfolio Managers) Regulations, 2020 provides that a Portfolio Manager shall obtain prior approval of SEBI in case of c.....

Tags : Procedure, Prior approval, Portfolio Managers

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Product Filing Procedure for All General Insurers (Other than Stand Alone Health Insurers)(01.06.2022)

Re: Product Filing procedure

1. Currently, the filings of General Insurance Products are governed by the Guidelines on 'Product Filing Proced.....

Tags : Product Filing, Procedure, Guidelines

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Procedure for submission of requests for seeking IMC's approval for export of Wheat Flour(18.07.2022)

1. Reference is invited to DGFT Notification No. 18 dated 06.07.2022 amending the export policy of Wheat Flour (Atta) under S. No. 64 against ITC (FIS.....

Tags : Procedure, IMC's approval, Export

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IBBI amends IBBI (Grievance and Complaint Handling Procedure) Regulations, 2017 and IBBI (Inspection and Investigation) Regulations, 2017(15.06.2022)

With a view to put in place, a streamlined and swift complaint handling procedure, the Insolvency and Bankruptcy Board of India notified the Insolvenc.....

Tags : Complaint Handling, Procedure, Amendment

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Standardisation of procedure to be followed by Debenture Trustee(s) in case of 'Default' by Issuers of listed debt securities(13.10.2020)

1. Representations were made by Debenture Trustee(s) regarding the process to be followed in case of 'Default' by issuers of listed debt securities. A.....

Tags : Standardisation, Procedure, Debt securities

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Income-tax (25th Amendment) Rules, 2022(17.08.2022)

In exercise of the powers conferred under clause (a) of Explanation 3 to the third proviso to clause (23C) of section 10 and clause (a) of sub-section.....

Tags : Rules, Amendment, Procedure

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Customs and Central Excise Settlement Commission (Amendment) Procedure, 2017(09.05.2017)

In exercise of the powers conferred by sub-section (4) of Section 32-I of the Central Excise Act, 1944 (1 of 1944) and sub-section (4) of section 127 .....

Tags : Settlement Commission, Amendment, Procedure

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Revised Procedure for electronic filing of Central Excise returns and for electronic payment of Excise duty and Service tax arrears under the new portal www.cbic-gst.gov.in(08.05.2019)

Attention is invited to the Circular No.956/17/2011-C.Ex dated 28.9.2011 issued by the Board with regard to the procedure for electronic filing of CE .....

Tags : Revised Procedure, Electronic filing, Excise returns

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Procedure for applying for Amnesty scheme for one-time settlement of default in export obligation by Advance and EPCG authorization holders(17.04.2023)

Reference Public Notice No. 02/2023 dated 01.04.2023, the procedure for filing applications for Amnesty scheme for one-time settlement of default in e.....

Tags : Procedure, Amnesty scheme, Default in

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Procedure for Registration Certificate for import of marble and Fresh (green) Areca Nut from Bhutan without Minimum Import Price condition(20.03.2023)

In exercise of powers conferred under paragraph 1.03 and 2.04 of the Foreign Trade Policy (2015-2020), the Director General of Foreign Trade hereby la.....

Tags : Procedure, Registration Certificate, Import

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Streamlining the Procedure for Grant of Industrial Licenses(24.07.2023)

I Increasing the initial validity period of Industrial License to be issued

In supersession of all earlier Press Notes, the period of validit.....

Tags : Procedure, Grant, Industrial Licenses

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Director General of Foreign Trade notifies procedures for registration of import consignments under Melon Seeds Import Monitoring System(09.04.2024)

1.In exercise of powers conferred under Paragraph 1.03 and 2.04 of the Foreign Trade Policy (FTP) 2023, as amended from time to time, and in reference.....

Tags : Procedures, Registration, Import consignments

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Procedures for application for tariff rate quota for FY 2022-2023(27.01.2022)

1. Reference is invited to para 2.107 of the HBP, wherein the details of allocation of Tariff Rate Quota (TRQ) under various FTA/CECA are notified. Th.....

Tags : Procedures, Application, Tariff rate quota

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Amendment in Para 2.54 of Handbook of Procedures, 2015-2020(23.03.2022)

1.In exercise of powers conferred under Para 1.03 and 2.04 of the Foreign Trade Policy, 2015-2020, the Director General of Foreign Trade hereby amends.....

Tags : Amendment, Handbook, Procedures

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Debts Recovery Tribunal (Procedure) Amendment Rules, 2020(27.08.2020)

1.In exercise of the powers conferred by sub-sections (1) and (2) of section 36 of the Recovery of Debts and Bankruptcy Act, 1993 (51 of 1993), the Ce.....

Tags : Debts Recovery Tribunal, Procedure, Amendment Rules

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Simplification of procedure and standardization of formats of documents for issuance of duplicate securities certificates(25.05.2022)

1. SEBI has reviewed the process followed by the Registrars to an Issue and Share Transfer Agents ("RTAs") and the Issuer companies for issuance of du.....

Tags : Simplification, Procedure, Duplicate securities certificates

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Amendments in Hand Book of Procedures 2015-20(31.08.2016)

In exercise of powers conferred under Paragraph 1.03 of the Foreign Trade Policy 2015-2020, as amended from time to time, the Director General of Fore.....

Tags : Hand Book, Procedure, Amendment

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Procedure for allocation of import authorization of Power tillers(15.07.2020)

In exercise of powers conferred under Paragraph 1.03 of the Foreign Trade Policy, 2015-2020 read with Paragraph 2.04 of the Foreign Trade Policy, 2015.....

Tags : Procedure, Allocation, Import authorization

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Procedures for Exchange Listing Control Mechanism(27.01.2017)

Regulation 45 of the SECC Regulations provides for listing of stock exchanges on any recognised stock exchange, other than itself and its associated s.....

Tags : Exchange Listing, Mechanism, Procedures

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Simplification for procedure for compounding of offenses under Customs Act, 1962(23.08.2022)

1. Reference is invited to Circular No. 54/2005-Customs dated 30.12.2005 on guidelines for compounding of offenses under Customs Act read with para 12.....

Tags : Simplification, Procedure, Compounding, Offenses

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Amendment in Para 2.107 (TRQ under FTA/CECA) of Handbook of Procedure 2015-2020(06.10.2022)

In exercise of powers conferred under paragraph 1.03 and 2.04 of the Foreign Trade Policy, 2015-20, the Directorate General of Foreign Trade hereby am.....

Tags : Amendment, Handbook, Procedure

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Amendments in the Handbook of Procedure consequent to the introduction of a procedure thereby doing away with the physical copy of MEIS/SEIS scrips issued with EDI ports(03.04.2019)

In exercise of powers conferred under paragraph 1.03 of the Foreign Trade Policy (2015-2020), the Director General of Foreign Trade hereby adds the fo.....

Tags : Amendments, Handbook, Procedure

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Amendment of para 2.54 of handbook of procedures, 2015-2020(25.03.2021)

In exercise of powers conferred under Para 1.03 and 2.04 of the Foreign Trade Policy, 2015-2020, the Director General of Foreign Trade hereby amends P.....

Tags : Amendment, Handbook, Procedures

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Standard Operating Procedure for Inter-operable Regulatory Sandbox(12.10.2022)

1. An Inter-Regulatory Technical Group on FinTech (IRTG on FinTech) had been constituted under the aegis of the Financial Stability and Development Co.....

Tags : Procedure, Inter-operable, Sandbox

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Amendments in Para 2.79A of Handbook of Procedures for issue of export authorization for "Stock and Sale" of SCOMET items(17.01.2023)

In exercise of the powers conferred under Paragraph 1.03 of the Foreign Trade Policy, 2015-20, the Director General of Foreign Trade, hereby makes ame.....

Tags : Amendments, Procedures, Export authorization

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Procedure for seeking prior approval for change in control of SEBI registered Portfolio Managers(12.05.2021)

1. Regulation 11 of the SEBI (Portfolio Managers) Regulations, 2020 prescribes the conditions of registration as a Portfolio Manager. Vide SEBI (Portf.....

Tags : Procedure, Prior approval, Portfolio Managers

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Procedure for allocation of quota, for year 2023-24, for import of (i) Calcined Pet Coke for Aluminium Industry and (ii) Raw Pet Coke for CPC manufacturing industry(14.02.2023)

The Hon'ble Supreme Court in the Writ Petition No. 13029/1985 vide its order dated 9th October 2018, has decreed that the import of raw material for u.....

Tags : Procedure, Allocation, Quota

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Cabinet approves procedure and mechanism for Strategic Disinvestment(16.08.2017)

The Cabinet Committee on Economic Affairs, chaired by the Prime Minister Shri Narendra Modi, has approved the proposal of Department of Investment and.....

Tags : Approval, Procedure, Strategic Disinvestment

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Amendment in para 5.25 of HBP 2015-20 of the Handbook of Procedures (HBP) of Foreign Trade Policy (FTP) 2015-20(09.10.2017)

In exercise of the powers conferred under Paragraph 1.03 of the Foreign Trade Policy (FTP), 2015-20, the Director General of Foreign Trade, hereby mak.....

Tags : Amendment, Procedures, Foreign Trade Policy

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Procedure to claim refund in FORM GST RFD-01 subsequent to favourable order in appeal or any other forum(03.10.2019)

Doubts have been raised on the procedure to be followed by a registered person to claim refund subsequent to a favourable order in appeal or any other.....

Tags : Refund, Claim, Procedure

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Procedural requirements for Leave Travel Concession simplified(11.01.2016)

Department of Personnel and Training has simplified the application and settlement of the Leave Travel Concession claims by government employees. A ti.....

Tags : Leave travel concession, procedure, simplified

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Amendment in Handbook of Procedures of FTP 2015-20(13.01.2022)

1. In exercise of the powers conferred under Paragraph 1.03 of the Foreign Trade Policy (FTP) 2015-20, the Director General of Foreign Trade (DGFT) he.....

Tags : Amendment, Procedures, FTP

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Procedure for allocation of quota, for year 2022-2023, for import of Calcined Pet Coke for Aluminum Industry and Raw Pet Coke for CPC manufacturing industry(10.02.2022)

1.The Hon'ble Supreme Court in the Writ Petition No. 13029/1985 vide its order dated 9th October, 2018, has decreed that the import of raw material fo.....

Tags : Procedure, Allocation, Quota

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Amendments in Paras 4.14 and 4.06 of the Handbook of Procedures 2023(14.03.2024)

In exercise of powers conferred under Paragraph 1.03 and 2.04 of the Foreign Trade Policy 2023, as amended from time to time, the Director General of .....

Tags : Amendments, Handbook, Procedures

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Notification of procedure for General Authorisation for Export of Telecommunication items (GAET) under Category 8A5 Part I of SCOMET(27.03.2024)

In exercise of the powers conferred under Paragraph 1.03 and 2.01 of the Foreign Trade Policy (FTP) 2023 as amended from time to time, the Directorate.....

Tags : Procedure, GAET, SCOMET

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