Search Results for Tag : Breach
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Pakistan Breached Vienna Convention on Consular Access Rules ICJ(17.07.2019)
The International Court of Justice (ICJ), the principal judicial organ of the United Nations, on 17th July, 2019, rendered its Judgment in the Jadhav .....
Tags : Detention, Indian National, Obligation, Breach
Judgments
Mere fact that, complaint relates to a commercial transaction or breach of contract for which a civil remedy is available is not by itself a ground to quash criminal proceedings(11.01.2019)
Criminal Miscellaneous application is for quashing the order rejecting the petition filed for discharge of the Petitioner. The allegation against the .....
Tags : Commercial transaction, Breach, Proceedings, Quashing
Before making any order under Section 338 DMC Act, the Commissioner shall give reasonable opportunity to the person affected(20.07.2021)
Petitioner impugns order whereby the respondent Corporation has revoked the sanctioned building plan under Section 338 of the Delhi Municipal Corporat.....
Tags : Principles, Natural justice, Breach
Insurance claim can be rejected, if vehicle was used without valid registration(30.09.2021)
The Appellant (“insurer”) questions the judgment and order of the National Consumer Disputes Redressal Commission, New Delhi ("NCDRC"). In facts of pr.....
Tags : Breach, Conditions, Policy
Assessing Officer has to calculate total income of assessee in conformity with Arm's Length Price determined by Transfer Pricing Officer(01.04.2024)
The present writ petition, at the instance of the assessee, seeks to assail the impugned order passed under Section 144C read with Sections 143(3) and.....
Tags : Assessment, Legislative mandate, Breach
If there is no stipulation in contract of forfeiture, there is no such right available to party to forfeit the sum(25.10.2017)
Present appeal is filed by the Plaintiff against the final judgment passed by the High Court of Madhya Pradesh, whereby the High Court dismissed the a.....
Tags : Power to forfeit, Security money, Auction notice, Conditions, Breach
SC reverses labour court’s reinstatement of defrauding bus conductor(23.06.2016)
The labour court may interfere with punishment award only when such punishment is not other justified, the Supreme Court held.
In the insta.....
Tags : bus conductor, criminal breach of trust, labour
Promotion in a private establishment is a managerial function and cannot be claimed to be a condition of service(21.08.2017)
Instant petition takes an exception to the judgment and order passed by the Industrial Court. By said judgment and order, Industrial Court allowed the.....
Tags : Trade practice, breach, Legality
International Cases
Children must be recognised as rights-holders on their own account and not just as adjuncts to other people’s rights(16.11.2016)
Instant appeal is against an order for deportation of a foreign criminal. Appellant appealed claiming that his deportation would breach his and his ch.....
Tags : Deportation, Breach, Right
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
News
Supreme Court: Wilful Breach of Undertaking Can Amount to Contempt(10.08.2021)
Supreme Court has observed that the wilful breach of the undertaking given to the Court can amount to Contempt under Section 2(b) of the Contempt of C.....
Tags : Supreme Court, Wilful Breach of Undertaking
SC: Breach Must be Fundamental, for Insurer to Deny Claim Altogether(02.08.2023)
Supreme Court has held that in case of vehicle theft, any violation of condition of insurance policy should be in the nature of a fundamental breach t.....
Tags : Supreme Court, Insurance, Breach, Violation
Supreme Court Imposes Rs 86 Lakh Fine on Businesswomen for Failing to Return India(21.12.2016)
Supreme Court has imposed a penalty of Rs 86 lakh on a businesswoman, facing charges of cheating, forgery and criminal breach of trust, for failing to.....
Tags : Supreme Court, cheating, forgery, criminal breach of trust, Businesswomen
JH. HC: Criminal Liability Can’t be Levied in Every Case of Breach of Contract(20.09.2023)
Jharkhand High Court has held that criminality cannot be fastened upon the accused persons on mere breach of contract in every case, and parties shoul.....
Tags : Jharkhand High Court, Breach of Contract, Criminal Liability
J&K&L HC: Dishonest Intention Under Section 420 IPC Has to be from Inception of Transaction(19.07.2022)
Jammu and Kashmir and Ladakh High Court has held that a distinction has to be kept in mind between mere breach of contract and the offence of cheating.....
Tags : Jammu and Kashmir and Ladakh High Court, Breach, Cheating
SC: Breach of Natural Justice Rule Cannot by Itself Lead to Conclusion of Prejudice(19.10.2020)
Supreme Court has observed that the breach of the audi alteram partem rule cannot by itself, without more, lead to the conclusion that prejudice is th.....
Tags : Supreme Court, Breach of Natural Justice Rule
Journalists Appeal Against Jail Term For 'Breach of Privilege', Karnataka High Court to Hear on Monday(29.11.2017)
Journalists Appeal Against Jail Term For 'Breach of Privilege', Karnataka High Court to Hear on Monday
Tags : The Assembly, during its ongoing winter session, re-confirmed the one-year-jail term and Rs 10,000 fine for writing articles that "breached the privilege of MLAs".
SC: Promise of Marriage Made in Good Faith But Subsequently Not Fulfilled Not Rape(03.08.2022)
Supreme Court while quashing a rape case, has held that there is a distinction between a false promise to marriage and a breach of promise which is ma.....
Tags : Supreme Court, False Promise, Breach of Promise, Rape
Rajasthan HC: Breach of Written Undertaking Given to Court is Contempt(17.01.2022)
Rajasthan High Court has observed that breach of written undertaking given to the Court is contempt and is liable to be punished under the Contempt Co.....
Tags : Rajasthan High Court, Breach of Written Undertaking
SC: Mere Dispute on Monetary Demand Doesn’t Attract Offence of Criminal Breach of Trust(04.01.2023)
Supreme Court has held that even if complainant is of opinion that monetary demand or claim is incorrect and not payable, an offence under section 405.....
Tags : Supreme Court, Criminal Breach of Trust, Monetary Demand
SC Says, Breach of Trust Not Connected with Official Duty(30.06.2016)
SC has said that a public servant accused of criminal breach of trust cannot claim protection of lack of sanction for prosecution as the offence is no.....
Tags : SC, public servant , criminal breach of trust
Bombay HC: Release of Accused/Convict Breaching Lockdown Not 'Extremely Urgent' Matter(06.04.2020)
Bombay High Court has rejected two bail applications, observing that release of an accused or a convict in 'breach of the lockdown order' and at the c.....
Tags : Bombay High Court, Release of Accused/Convict Breaching Lockdown
Bombay HC Appoints 3-Member Panel to Administer Affairs of Breach Candy Club(27.09.2016)
Bombay HC has appointed a three-member special committee to administer affairs of the city’s oldest elite club, the Breach Candy Club.
Tags : Bombay HC , Breach Candy Club
Allahabad HC: Court May Refuse Relief in Case Where There Has Been Breach of Natural Justice(09.03.2022)
Allahabad High Court has reiterated that a Court, in exercise of its discretion, may refuse relief in a case where there has been a breach of principl.....
Tags : Allahabad High Court, Breach of Natural Justice
Kerala High Court: Immovable Property Can Constitute Essence of Offence of Criminal Breach Of Trust(07.06.2019)
Kerala High Court has observed “In order to establish "entrustment or dominion" over property to an accused person the mere existence of that person's.....
Tags : Kerala High Court, Criminal Breach of Trust
P&H HC Dismisses Plea Seeking Action Against Prince Harry for Breach of Promise to Marry(13.04.2021)
Punjab and Haryana High Court has dismissed a petition filed by a Lawyer seeking action against Prince Harry Middleton son of Prince Charles Middleton.....
Tags : Punjab and Haryana High Court, Prince Harry, Breach of Promise to Marry
SC: Mere Breach of Contract Not Basis to Initiate Criminal Case for Cheating(06.03.2023)
Supreme Court while observing that criminal Courts are not meant to be used for settling scores or pressurize parties to settle civil disputes, has he.....
Tags : Supreme Court, Breach of Contract, Cheating
Cal. HC: Transporting Goods Without Proper E-Way Bill is Breach(07.03.2023)
Calcutta High Court while observing that transporting of goods in a vehicle without proper E-way bill is a statutory breach, has held that there is no.....
Tags : Calcutta High Court, E-Way Bill, Statutory Breach
Gujarat HC: FIR Registration Can’t Have Any Nexus with Breach of Maintenance of Public Order(01.04.2022)
Gujarat High Court has observed that simpliciter FIR registration by itself cannot have any nexus with the breach of maintenance of public order, whil.....
Tags : Gujarat High Court, breach of maintenance, public order
Madras High Court Quashes Order Detaining Consignment and Vehicle(07.04.2022)
Madras High Court has quashed detaining order of consignment and vehicle holding that there was only technical breach without intention to evade Goods.....
Tags : Madras High Court, technical breach, Goods and Services Tax, consignment, vehicle
Delhi HC: Breach of Contract u/s 74 Not Applicable at Pre-Formation Stage(07.04.2022)
Delhi High Court has admitted a writ petition that seeks refund of bid security paid by Indian Hotels Company Limited (IHCL) and has dismissed the all.....
Tags : Delhi High Court, bid security, Indian Hotels Company Limited, pre-formation stage, breach of contract
Meghalaya HC: Cannot Pass Attachment Order if No Evidence of Likelihood of Breach of Peace(27.06.2024)
Meghalaya High Court has observed that if there is no direct evidence of any likelihood of breach of peace, the inability of the Magistrate concerned .....
Tags : Meghalaya High Court, Attachment Order, Breach of Peace
Karnataka HC: Breach of COVID-19 Advisory by Any Staff in Judiciary to be Treated as Misconduct(11.05.2020)
Karnataka High Court has issued circular stating that if officers and officials of the Court must strictly follow the COVID-19 Instructions/Advisory a.....
Tags : Karnataka High Court, Breach of COVID-19 Advisory
SC: Offence of Criminal Breach of Trust is Not Attracted if There was Not Entrustment of Property(24.05.2022)
Supreme Court observed that the offence of criminal breach of trust under Section 405 will not be attracted if there was no entrustment of the propert.....
Tags : Supreme Court, Criminal Breach of Trust, Property
Gujarat High Court Refuses Bail to Lawyer Accused of Cheating & Criminal Breach of Trust(24.05.2022)
Gujarat High Court has refused bail to the Applicant who had allegedly eloped for 3 years with money during the execution of a sale deed, while opinin.....
Tags : Gujarat High Court, Bail, Cheating, Criminal Breach of Trust
Meg. HC: Party Breaching Contract is Liable to Pay Compensation for Only ‘Actual Loss’(23.06.2023)
Meghalaya High Court has held that notwithstanding any agreement between parties, the party in breach of contract is liable to compensate the other pa.....
Tags : Meghalaya High Court, Breach of Contract, Actual Loss, Compensate
Bombay High Court Issues Notice on PIL Alleging Privacy Breach by True Caller App(08.07.2021)
Bombay High Court has issued notices to the Union and Maharashtra Government, among others, in a PIL against the Truecaller International LLP alleging.....
Tags : Bombay High Court, Privacy Breach by True Caller App
Madras HC: Non-Communication of Mismatch in Returns by Supplier and Dealer is a Technical Breach(09.06.2022)
Madras High Court has upheld the legality of the show cause notice based on mismatch in returns filed by the supplier and the dealer by holding that t.....
Tags : Madras High Court, Technical Breach, Mismatch
Jharkhand HC: Merely Breach of Undertaking to Repay Loan Cannot be Basis of Conviction(16.07.2021)
Jharkhand High Court has held that in the absence of any allegation of deception, false promise, or inducement at the time of the transaction, merely .....
Tags : Jharkhand High Court, Breach of Undertaking to Repay Loan
Del. HC: Can’t Award Compensation for Breach of Contract in Absence of Legal Injury(24.10.2024)
Delhi High Court has held that in case of breach of contract, if there is absence of legal injury then no compensation can be awarded for such breach.
Tags : Delhi High Court, Breach of Contract, Legal Injury
Ker. HC: Can’t Assume Breach of Peace Because a Community Opposes Religious Place Set up by Another(18.11.2024)
Kerala High Court has held that merely because one community opposes the setting up of a religious place by another community, it cannot be assumed th.....
Tags : Kerala High Court, Breach of Peace, Religious Place