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Date of submission of Offline Applications for Pre-Matric Scholarship for minority students extended to 15 October, 2015(25.08.2015)

The date of submission of Offline Applications under the Pre-Matric Scholarship Scheme for minority students has been extended to 15 October, 2015 fro.....

Tags : Education, deadline, minority, pre-matric

Blast from the Past

Protecting ‘morality’: Sparks in the wrong powder keg(30.03.1989)

The Central Board of Film Certification’s trimming of movies to conform to the ‘morals of society’ may occasionally lead to ‘silent’, blurry and somew.....

Tags : Film certification, intolerance, freedom of expression

Banks’ implied duty of secrecy to its customers(25.01.2016)

The United Kingdom Court of Appeal in 1923 determined that the duty of confidentiality owed by a bank to its clients was not absolute. Rather, it was .....

Tags : Banker, duty to confidentiality, qualifications

Statute

Education Loan Bill, 2016(11.03.2016)

The Education Loan Bill, 2016, a private member bill introduced in th.....

Tags : education loan, refusal, waiver

Top Story

Union Government notifies, P2P lending platforms to come under RBI’s Regulation(20.09.2017)

The RBI has notified that, peer-to-peer (P2P) lending platforms is to be regulated and treated as non-banking financial companies (NBFCs) under Sectio.....

Tags : P2P lending, Notification, Release

Union Cabinet amends RTE Act, 2009, extending time period for teachers to acquire prescribed minimum qualifications(21.07.2017)

In wake of requests from various states for extending deadline for teachers to acquire the prescribed minimum qualifications for appointment, Central .....

Tags : Bill, Amendment, Time, Extension, Qualification

Indigenously Made Rotavirus Vaccine Received WHO Pre-qualification(24.01.2018)

WHO “pre-qualified” the ROTAVAC vaccine, developed by the Hyderabad-based Bharat Biotech Limited. Now, the vaccine can be sold internationally to seve.....

Tags : Vaccine, Pre-qualification, Grant

Supreme Court upholds “chief justice is master of roster”(06.07.2018)

A two-judge bench of the Supreme Court comprising Justices A K Sikri and Ashok Bhushan has yet again upheld that the chief justice of India is the mas.....

Tags : Cases, Allocation, Chief justice, Master, Roster

Central Government enhances funds for improving quality of Higher Education(02.08.2018)

In order to provide greater access to Higher Education with equity to all the eligible citizens and in particular to the vulnerable sections, Governme.....

Tags : Funds, Higher education, Increase

Central Government decides to remove Minimum Educational qualification for Transport Drivers(18.06.2019)

The Ministry of Road Transport and Highways has decided to remove the requirement of minimum educational qualification for driving a transport vehicle.....

Tags : Minimum qualification, Removal, Drivers

Pre-existing dispute is not a bar for rejecting application filed by a financial creditor under Section 7 rules NCLAT(01.10.2019)

In a recent Judgment rendered by National Company Law Appellate Tribunal (NCLAT), it has been held that, the pendency of a suit in relating to a dispu.....

Tags : Dispute, Pendency, Application, Maintainability

Patent application pendency numbers(25.04.2016)

Patent Offices in four Indian metros released numbers on application pendency in the country. Awaiting examination and disposal are a total of 2,37,67.....

Tags : Patents, application pendency, india

Central Government reduces the term of Information Commissioners from 5 to 3 years(24.10.2019)

The Central Government in a recent move has reduced the tenure of Information Commissioners as 3 years in Central Information Commission as well as in.....

Tags : Rules, Notification, Tenure

CBDT Notifies PAN-Aadhaar Interchangeability(07.11.2019)

The Central Board of Direct Taxes, a statutory authority, has notified the amendments of over 100 forms and returns to provide for interchangeability .....

Tags : PAN, Aadhaar, Linakage, Notification

Central Government notifies the new Consumer Protection Rules for e-commerce entities(23.07.2020)

The Central Government makes the Consumer Protection (E-Commerce) Rules, 2020 in exercise of the powers conferred under Consumer Protection Act, 2019......

Tags : E-commerce, Rules, Notification

SC asks BJP to exit state right(13.07.2016)

The Supreme Court concluded the proceedings of the Governor of Arunachal Pradesh during the 6th session of the State’s Legislative Assembly to be in v.....

Tags : arunachal pradesh, president’s rule, unconstitutional, disqualification

CBDT issues clarification in respect of residential status of certain individuals under Income-Tax Act, 1961(04.03.2021)

The Central Board of Direct taxes (CBDT) issues clarification in respect of Residency under the Income tax Act, 1962 (IT Act). The Board has received .....

Tags : Clarification, Issuance, Residential status

Central Government notifies Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021(25.02.2021)

Central Government introduces Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 for digital content, social me.....

Tags : Social media, Rules, Notification

CBDT amends Income-tax Rules, 1962 to ease authentication of electronic records submitted in faceless assessment proceedings(07.09.2021)

The Government has amended Income-tax Rules, 1962 ('the Rules') vide notification no. G.S.R. 616(E) dated 6th September, 2021 for easing the process o.....

Tags : Rules, Amendment, Authentication, Electronic records

Centre notifies the Consumer Protection (Direct Selling) Rules, 2021(28.12.2021)

Central Government notifies the Consumer Protection (Direct Selling) Rules, 2021 in exercise of the powers conferred by clause (zg) of sub-section (2).....

Tags : Rules, Direct selling, Notification

Ministry of Road Transport and Highways issues draft notification pertaining to trade certificate(07.05.2022)

In order to promote ease of doing business, Ministry of Road Transport & Highways has published a draft notification dated 5th May, 2022 regarding ame.....

Tags : Trade Certificate, Compliance, Notification

Central Government notifies Overseas Investment Rules and Regulations(22.08.2022)

Central Government and Reserve Bank of India notifies Foreign Exchange Management (Overseas Investment) Rules, 2022 and RBI notifies Foreign Exchange .....

Tags : Overseas, Investment, Notification

Central Government notifies Overseas Investment Rules and Regulations(22.08.2022)

Central Government and Reserve Bank of India notifies Foreign Exchange Management (Overseas Investment) Rules, 2022 and RBI notifies Foreign Exchange .....

Tags : Overseas, Investment, Notification

Department for Promotion of Industry and Internal Trade notifies establishment of Credit Guarantee Scheme for Startups(07.10.2022)

The Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce and Industry has notified the establishment of the Credit Gu.....

Tags : CGSS, Establishment, Notification

RBI simplifies the application process for registration of Core Investment Companies(10.04.2023)

The Reserve Bank has undertaken a comprehensive review of the system of processing of applications for registration as Core Investment Companies (CICs.....

Tags : Application process, Registration, CICs

Ministry of Electronics and Information Technology proposes rules to enable Aadhaar authentication by entities other than Government Ministries and Departments(20.04.2023)

Ministry of Electronics and Information Technology (MeitY) has proposed rules to enable Aadhaar authentication by entities other than Government Minis.....

Tags : Aadhaar authentication, Rules, Proposal

Central Electricity Authority notifies the National Electricity Plan for the period of 2022-32(31.05.2023)

The Central Electricity Authority (CEA) has notified the National Electricity Plan (NEP) (Vol-I Generation) for the period of 2022-32. The plan docume.....

Tags : NEP, Notification, Review

Environment Ministry issues notification for Green Credit Program and Ecomark scheme(13.10.2023)

The Ministry of Environment, Forest and Climate Change has introduced two pioneering initiatives that indicate the country's pro-active approach to cl.....

Tags : Scheme, Notification, Issuance

Is there a doctor in the house(31.08.2015)

“The time schedule is required to be strictly observed”, the Supreme Court held, as it dismissed a petition by a medical college to increase the numbe.....

Tags : mci, mbbs, application, reject

DGFT simplifies Composition Fee for Export Obligation Extension under Advance Authorization Scheme(18.01.2023)

The Directorate General of Foreign Trade (DGFT) has notified the amended rules for calculation of Composition Fee for extending Export Obligation unde.....

Tags : Composition Fee, Simplification, Export

CBDT notifies Income Tax Return Forms for Assessment Year 2023-24(15.02.2023)

The Central Board of Direct Taxes (CBDT) has notified ITR Forms for the Assessment Year 2023-24 vide Notifications No. 04 & 05 of 2023 dated 10th Febr.....

Tags : ITR, Forms, Notification

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

Government notifies concessions under the Vehicle Scrapping Policy(07.10.2021)

The Ministry of Road Transport and Highways has issued a Notification 720(E) dated 5th October, 2021, in the Gazette of India, which shall come into f.....

Tags : Scrapping Policy, Vehicles, Notification

MoRTH issues notification to promote transparency in the sale and purchase of registered vehicles through dealers(28.12.2022)

The Ministry of Road Transport and Highways (MoRTH) has issued a notification G.S.R 901(E) on 22 December, 2022 to promote ease of doing business and .....

Tags : Registered vehicles, Issuance, Notification

International Cases

Location of conduct of business of company quintessential to jurisdiction(11.11.2015)

Hearing a petition against the prejudicial conduct of business by a stakeholder in the company, the Hong Kong High Court gave rather a long stretch to.....

Tags : Jurisdiction, location, conduct of business, incorporation

Issues once decided cannot be repeatedly re-ventilated and reconsidered(08.11.2016)

In present case, application by birth mother that, decision which was reached by Honorable Judge Singleton QC in August 2015 as to with whom this chil.....

Tags : Child, Custody, Application

Although confiscation may follow sentence, it is to be dealt with promptly(14.12.2016)

Respondent, pleaded guilty on 11 June 2012 to offences involving supply of heroin and money laundering. He had been caught in possession at his home o.....

Tags : Confiscation, Quashing, Restoration

Relevant Court to make the application for a summons is Supreme Court of Western Australia in its General Division and not the Court of Appeal division(01.03.2018)

Present is an application by the Respondent for leave pursuant to Order 10 Rule 7 of the Rules of the Supreme Court 1971 (WA) (Rules) to serve a 'mean.....

Tags : Means Inquiry, Application, Maintainability

Disclosure of past record is necessary to meet pressing social need(30.07.2018)

Present appeal concerns the legality under the Human Rights Act, 1998 and the European Convention on Human Rights and Fundamental Freedoms of an Enhan.....

Tags : Information, Disclosure, Record, Certificate

State is liable to indemnify losses incurred by Westpac as a result of the Fire(04.09.2018)

Present is an appeal against a decision concerning the determination of a preliminary issue in proceedings brought by the Respondent (Mr Leicester) ag.....

Tags : Loss, Indemnification, Grant

Court is empowered to grant leave to a disqualified person to manage a corporation(04.12.2018)

By originating process lodged 17 September 2018 the plaintiff seeks leave of the court under s 206G of the Corporations Act, 2001 to be a director of .....

Tags : Bankrupt, Act as director, application

In absence of any third party interest, nothing else is required to be established before the court is compelled to make a declaration relating to confiscation(28.03.2019)

In present action, the Director of Public Prosecutions (DPP) seeks a declaration that particular property of the Plaintiffs has been confiscated, give.....

Tags : Application, Declaration, Confiscation

A claim for indemnification insurance under an insurance contract can only arise when liability to third party in a certain amount has been established(10.12.2019)

The issue in present appeal is whether an insured’s contingent right to claim indemnification under an insurance policy is capable of becoming prescri.....

Tags : Indemnification, Contingent right, Policy

Third parties must be afforded the chance to make representations at the stage of making the confiscation order(01.07.2020)

On 22 September, 2015 Bernadette Hilton was convicted of three offences contrary to Section 105A of the Social Security Administration (Northern Irela.....

Tags : Confiscation stage, Third party, Representations

Commissioner has administrative power to revoke a licence where a licence holder has not supplied certain information(20.11.2020)

In present matter, on 4 October 2018, the Commissioner of Police, through his delegate, revoked the Appellant's firearm licence pursuant to Section 20.....

Tags : Licence, Revocation, Legality

A court could not take note of prescription of its own accord. A party had to invoke prescription(09.09.2021)

The Appellant (Mr. Jugwanth) claimed fees arising from a contract where he represented the Respondent (MTN) in matters involving the Commission for Me.....

Tags : Claim, Prescription, Invocation

Fundamental breach of relationship justifies eviction(30.09.2021)

The Appellant’s appeal is against an order of the Land Claims Court, Randburg, which set aside an order by the Magistrate’s Court that, the Respondent.....

Tags : Eviction, Grant, Justification

Claimant’s reputation is harmed at time of publication notwithstanding that, reader knows nothing about him other than what the publication tells him(12.06.2019)

In present case, the claimant, Bruno Lachaux, is a French aerospace engineer who at the relevant time lived with his British wife Afsana in the Uni.....

Tags : Article, Publication, Reputation, Diminishing of

A freezing notice for property may be issued, if there are reasonable grounds for suspecting that the property is crime-used or crime-derived(24.02.2022)

The Director of Public Prosecutions (DPP) seeks a declaration that particular property has been confiscated. The property was the subject of a freezin.....

Tags : Property, Confiscation, Declaration

Central Government Announces Budget for 2018-2019(01.02.2018)

The Central Government announced general budget for the year 2018-2019. On 1st February, 2018, the Finance Minister, Shri Arun Jaitley presented the B.....

Tags : Budget, Allocation, Announcement

Department of Commerce notifies rules for Work from Home for Special Economic Zones(19.07.2022)

The Department of Commerce has notified a new Rule, namely Rule 43A - Work from Home in Special Economic Zones Rules, 2006 across all Special Economic.....

Tags : WFH, Notification, SEZ

Freezing notice must be served on any person from whom the property covered by the notice was taken(05.05.2022)

The Director of Public Prosecutions (DPP) seeks a declaration that particular property has been confiscated. The property was the subject of a freezin.....

Tags : Declaration, Property, Confiscation

Agreement could be terminated by either party in terms of the legislation(28.10.2022)

The issue in the appeal was whether the Appellant, KeyHealth Medical Scheme (KeyHealth), was entitled to revoke the agreement it had with the Responde.....

Tags : Agreement, Revocation, Permission

Cisco found to not have infringed patent(28.12.2015)

The United States Court of Appeal for the Federal Circuit ruled in favour of Cisco Systems in a patent dispute regarding improvements in wireless netw.....

Tags : Patent, wireless communication, handoff, reversal

Dismissal of an application for a provisional order of liquidation is appealable(14.04.2023)

The appeal was directed against an order of the high court which dismissed the application by the Appellant for the provisional sequestration of the e.....

Tags : Provisional sequestration, Application, Maintainability

Scheme under which period of imprisonment served in default of payment in full of the amount specified in confiscation order is based on entire amount outstanding, including interest(24.01.2018)

Present case concerns the enforcement of confiscation orders made by the Crown Court upon conviction. As well as various statutory mechanisms for enfo.....

Tags : Confiscation, Interest, Calculation

Reliance on headings and explanatory notes, when classifying goods must be understood as providing explanations and guidance; they were not intended to override or contradict legislation(09.10.2023)

The appeal revolved around the classification of imported bicycle parts destined for assembly and the related customs duty payable on such imports. Th.....

Tags : Import, Product, Classification

For a property in a sectional title scheme to be transferred into the name of a purchaser, the body corporate must issue a clearance certificate(02.11.2023)

Present appeal concerns the interpretation of Section 15B(3)(a)(i)(aa) of the Sectional Titles Act, 1986 (the ‘embargo provision’)The appeal is agains.....

Tags : Clearance certificate, Provision, Statutory right

State bears the onus to prove the identity of the Accused and to dispel their alibi defence beyond reasonable doubt(20.06.2024)

The matter involved Dinesh Moodley and Ugresen Perumal who were convicted of murder and sentenced to 25 years in prison on 6 September 2019 by the Gau.....

Tags : Conviction, Identification, Legality

A disclaimer does not affect any right or liability that has already accrued(28.12.2022)

The Plaintiff makes an application by originating summons pursuant to Section 568F(1) of the Corporations Act, 2001 seeking the Units are vest in, or .....

Tags : Unit, Vesting of, Application

Court may withhold a winding up order, where Plaintiff lacks clean hands or has himself or herself been primary contributor to breakdown of relationship.(03.08.2017)

In facts of instant case, winding up application is made pursuant to Section 461(1)(k) of Corporations Act, 2001. This is section which is generally r.....

Tags : Application, Winding up, Grant

Denying student loan to person not deportable from UK violates right to education(29.07.2015)

The United Kingdom Supreme Court, while determining the availability of student loans for higher education to persons who were not lawfully resident i.....

Tags : United kingdom, education, student loan, resident

Reasonableness is a more demanding objective standard requiring the publisher to satisfy the Court that, publication would not constitute an abuse of the freedom of the press(11.08.2017)

Present is an appeal against the decision of Trial Judge on 9th December, 2015 in which he rejected the Appellant's claim for damages and injunctive .....

Tags : Publication, Articles, Damages, Grant

Firm exercising characteristics of power against one player due to contractual relationship between the two, cannot be interpreted to imply that, it would be able to do so on a broader level(23.11.2017)

Present matter concerns two interlocutory applications, an amendment application and an exception application, arising from a private complaint referr.....

Tags : Prohibited practice, Complaint, Amendment, Exception, Application

Judgments

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

An order of detention cannot be rendered illegal merely because it does not specify period of detention(10.04.2018)

In instant case, the High Court has set aside an order of detention issued under Section 3(1)(ii) of the Conservation of Foreign Exchange and Preventi.....

Tags : Detention, Period, Specification

Mere possession and recovery of currency notes from an Accused without proof of demand would not establish an offence(14.07.2017)

Appellant, heir of Mukhtiar Singh (since deceased) has carried this appeal to present Court against affirmation of his conviction under Sections 7 and.....

Tags : Illegal gratification, Proof, Conviction

A candidate is disqualified on his failure to lodge true, correct and genuine account of his bona fide election expenses(14.07.2017)

Petitioner is aggrieved by order passed by Chief Election Commission vide which Petitioner stood disqualified under Section 10-A of Representation of .....

Tags : Election expenses, Account, Disqualification

When accused is not known to victim, then identification parade is necessary(30.08.2018)

Instant conviction appeal has been filed by Ahktar Hussain, which is directed against judgment passed by learned Sessions Judge, whereby Appellant/acc.....

Tags : Conviction, Identification parade, Necessity

Only recovery of tainted money is not sufficient for conviction, rather prosecution has to prove the demand, acceptance and illegal gratification(30.08.2018)

Sole Appellant has preferred present appeal against the judgment and order by which the Appellant has been convicted under Section 5(2) read with Sect.....

Tags : Illegal Gratification, Conviction, Legality

Activity of transporting of coal from pithead of mines to railway siding is classifiable under Transport of Goods by road services(30.10.2018)

The Appellants are engaged in providing taxable services under the category of "Goods Transport Agency Services" to Western Coal Field Ltd. during the.....

Tags : Goods, Transportation, Services, Category

“Deemed university” within ambit of Article 226 jurisdiction(15.12.2015)

A ‘Deemed University’, all functions and activities of which are governed by the University Grants Commission Act, 1956 discharges ‘public functions’,.....

Tags : Public benefit, education, deemed university

Court can substitute penalty imposed on employees, keeping in view the long period of time which had elapsed from date of imposition of penalty(20.09.2018)

The present intra Court appeal impugns the order passed by the learned Single Judge whereby while allowing the writ petition filed by the Respondent, .....

Tags : Penalty, Removal, Modification

Juristic person’ has no right to seek information under RTI(13.06.2016)

Companies seeking information under the Right to Information Act, 2005 cannot raise an RTI request under their own name, the Central Information Commi.....

Tags : rti, corporation, citizen, application, legal entity

Owners of trademarks are not expected to run after every infringer(23.01.2019)

Application has been filed under Order 39 Rule 4 CPC on behalf of the Defendants No. 1 and 2 for vacation of the ex parte ad interim injunction order .....

Tags : Infringement, Injunction, Vacation thereof

Once it is held that power bank is also a kind of mobile charger, benefit of Notification will be available(14.01.2019)

In facts of the present case, the Respondent assessee was engaged in the manufacture of power bank/portable mobile charger out of imported components......

Tags : Classification, Exemption, Entitlement

Court is empowered to impose imprisonment of less than one year, if some special reasons in favour of Accused are made out(05.02.2019)

The Appellant was working as "Kanoongo/Patwari" was prosecuted for commission of the offences punishable under Section 5(2) of the Prevention of Corru.....

Tags : Sentence, Modification, Special reasons

A decision founded on an unclear report without any deliberation is manifestly arbitrary.(22.02.2019)

The Petitioners have filed the present petitions impugning Notification no. S.O. 4479(E) issued by the Central Government under Section 26A of the Dru.....

Tags : Notification, Manufacture, Ban

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

A thing is a part of the other, if other cannot function without it(26.03.2019)

In facts of present case, the Respondent is engaged in the business of trading of spare parts of mining machinery, steel wire ropes, standard wires, w.....

Tags : Goods, Classification, Rate of tax, Levy

No retrospective relief for Hindu women in succession(16.10.2015)

In a case where a daughter contested having only a share in the self-acquired property of her father, but not in the entire property, the Supreme Cour.....

Tags : Hindu succession, retrospective, application

Bombay High Court lends a helping hand to ‘Sumeet’(28.10.2015)

The Bombay High Court held that the Defendant’s use of the mark ‘Sumeet’ was in infringement of the trade mark registered by the Plaintiff. Defendant’.....

Tags : Sumeet, trademark, appliances, fabrication, assignment

When issue of nationality has already been determined under Foreigners (Tribunals) Order, 1964, an appeal would not be maintainable(17.05.2019)

Present order decides perceived conflict between sub-paragraph (2) to paragraph 3 and paragraph 8 of the Schedule to the Citizenship (Registration of .....

Tags : Citizenship, Status, Adjudication

Any entry made of a work which is not an original work would be an entry wrongly made in the Register(20.04.2018)

In instant case, before the Copyright Board, an application was preferred under Section 50 of the Copyright Act, 1957 by Hindustan Unilever Limited, t.....

Tags : Registration, Entry, Rectification

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

Items or goods which cannot be fitted into broad entries into schedule of taxing statute are only required to be taken to residuary entry(08.03.2019)

The Appellants had approached the writ Court by filing Writ Petition. In the said writ application, the taxability of a widely known drink "Frooti" ma.....

Tags : Product, Classification, Levy thereof

Mere vague averment bereft of material particulars cannot satisfy requirement of pleading mala fide or favoritism(27.07.2018)

Present writ appeal is filed against the order passed by the Writ Court. The Appellants herein are the Respondents before the Writ Court. The Responde.....

Tags : Tender notification, Clause, Arbitrariness

In absence of domestic relationship between parties as on date of filing of complaint, proceedings under DV Act were not maintainable(18.04.2019)

The present revision is against the judgment by which the application of the applicant came to be rejected. The said judgment was challenged before th.....

Tags : DV Act, Application, Maintainability

Commissioner is empowered to entertain even a new ground not urged before lower authorities while exercising revisional powers(03.07.2017)

Petitioner, Rites Limited, has filed present petition challenging order passed by Respondent. By order dated 10th December 2010, CIT(A) dismissed appe.....

Tags : Application, Maintainability, New ground

Control by Government authorities requires managerial control on day to day functioning of such society in order to claim exemption provided for purchase of hospital equipment(03.06.2019)

Rejection of Appellant's claim for exemption of customs duty under Notification No. 63/88-Cus against purchase of hospital equipment (C.T. Scanner) by.....

Tags : Notification, Exemption, Entitlement

Purpose of a review application is limited and it cannot be used as a tool to re-argue what has already been decided(28.05.2019)

The present Review Petition has been filed by the Petitioner seeking review of the order passed in Contempt Case. The Respondent/DDA submitted that, i.....

Tags : Review jurisdiction, Power, Invocation

When self-contained machinery for settlement of disputes by means of arbitration is prescribed under provisions of Chit Funds Act, then it could not be varied by a private agreement between parties(18.07.2019)

By present petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, the Petitioner has impugned the arbitral awards, thereby al.....

Tags : Dispute, Adjudication, Jurisdiction

Affidavit For Admission/Denial Of Documents In Commercial Suits Must Filed Within 45 Days(31.10.2019)

Present appeal filed by the plaintiff challenging the order of the learned Joint Registrar in CS (COMM) 1261/2018, whereby the learned Joint Registrar.....

Tags : Replication, Filing, Right

Application to initiate insolvency proceedings is maintainable only when Applicant is a financial creditor under Insolvency and Bankruptcy Code (IBC).(23.10.2019)

The Appellant filed the present appeal aggrieved by the order of the Adjudicating Authority National Company Law Tribunal, whereby the Adjudicating Au.....

Tags : Nature of claim, Application, Maintainability

Writ petition should normally not be entertained against mere issuance of show cause notice(14.11.2019)

Present Appeal under Section 35L of the Central Excise Act, 1944 arises out of Order passed by the Customs, Excise and Service Tax Appellate Tribunal,.....

Tags : Show Cause Notice, Adjudication, Maintainability

Exercise of powers under Article 227 of Constitution is not affected in any manner by presence of alternate remedy but the power is to be exercised sparingly(11.11.2019)

The brief facts as noted, is that the Petitioner herein had filed a suit for permanent injunction against the Respondent in claiming right title and i.....

Tags : Jurisdiction, Application, Maintainability

A decision on debatable point of law or fact cannot be corrected by way of rectification(11.11.2019)

Present order disposes of an application praying for rectification of mistake in final order. Learned Counsel for the applicant has submitted that, pr.....

Tags : Final order, Rectification, Entitlement

Adjudicating Authority under IBC is not a 'Court of Law' and it does not decide money claim or 'Suit'(18.11.2019)

The Appellant/'Financial Creditor' had projected the Application under Section 7 of the Insolvency & Bankruptcy Code, 2016 ('I&B' Code,) read with Rul.....

Tags : Dispute, Adjudication, Application, Maintainability

Where there is an existence of dispute prior to issuance of Demand Notice, Adjudicating Authority must reject the application(22.11.2019)

Present appeal is arising out of the impugned order passed by the Adjudicating Authority (National Company Law Tribunal, Division Bench), admitting th.....

Tags : Dispute, Existence, Application, Maintainability

When employee was found guilty of corruption by criminal court, then, unless said conviction was set aside, action of employer in dismissing employee from service cannot be faulted(06.12.2019)

The Petitioner was serving in the Bharat Coking Coal Limited. A show cause notice was issued to him on 24th June, 2017 on the allegation that, while h.....

Tags : Illegal Gratification, Dismissal, Legality

A Magistrate who passes an order on settlement under Section 125 of CrPC has power to recall or set aside the Order, if terms of the same are violated(19.02.2020)

Present appeal has been filed against the judgment of the High Court filed by the Appellant for setting aside the order passed by the Additional Princ.....

Tags : Maintenance application, Revival, Validity

Mere different view on same facts would not entitle committee dealing with subsequent caste claim to reject it(09.03.2020)

By present petition under Article 226 of the Constitution of India, 1950 the Petitioner seeks to challenge the order passed by Respondent no. 2 commit.....

Tags : Scrutiny Committee, Caste certificate, Validity

Matriculation certificate is an authentic document for ascertaining date of birth of an employee cannot be doubted unless it is proved to be forged(06.03.2020)

In present case, correctness and sustainability of the order passed in Writ Petition is put to challenge wherein the learned Single Judge allowed the .....

Tags : Birth certificate, Authenticity, Determination

As the subject-goods comes under a particular chapter-heading, there is no necessity to import “common parlance” test(01.05.2020)

Present two appeals against the decision of the Customs Excise & Service Tax Appellate Tribunal (CESTAT) rendered on 16th July, 2008 require adjudicat.....

Tags : Duty, Levy, Goods, Classification

Civil suit would be triable by the Civil Court; Arbitrator has no jurisdiction to decide the eviction/rent disputes(12.10.2017)

Present appeal is filed by the Defendant against the final judgment passed by the High Court of Delhi at New Delhi whereby the High Court dismissed th.....

Tags : Eviction, Application, Maintainability

Motor Vehicles not complying with the requirement of possessing or displaying a valid PUC Certificate cannot be debarred from being supplied fuel(28.08.2020)

Present appeals filed by the State of Madhya Pradesh, are against an order passed by the National Green Tribunal, allowing Original Application filed .....

Tags : PUC Certificate, Compliance, Penalty

Belated challenge cannot be entertained by present Court with regard to applicability of Notification(07.10.2020)

The Petitioners in the present case are studying in their fifth semester of the LLB course, in the Faculty of Law, University of Delhi ('DU'). They ha.....

Tags : Supplementary examinations, Notification, Applicability

Suppression (intentional and deliberate) cannot exist when relevant fact forming basis of demand already within knowledge of department(06.02.2017)

Appellant is a wholly owned subsidiary of Amway Corporation, USA and is engaged in business of direct selling of products in different segments. Servi.....

Tags : Demand, Extended period, Invocation

Right to change a name is a protected right and the petitioner would normally be not denied the said right on technical issues(06.11.2020)

Present writ petition is filed by the Petitioner seeking quashing of the Notification issued by Respondent No.1/University of Delhi in so far as it ma.....

Tags : Notification, Change of name, Direction

Adjudication of show cause notices issued more than a decade ago is illegal(26.11.2020)

Present is a petition under Articles 226 / 227 of the Constitution of India, 1950, the writ petition was filed seeking a direction to the Respondents .....

Tags : SCN, Adjudication, Bar

Answer Key are subjected to judicial review only when it is demonstrably wrong(27.11.2020)

Present writ petition has been filed seeking directions to the Respondents to modify answers to Question 7, Question 53, Question 78, and to delete Qu.....

Tags : Answers, Modification, Direction

Statute refers to an actual practice of "Sati" and not to a visual depiction of an imaginary work of fiction portrayed in the film(22.02.2018)

Present writ petition seeks directions to the Central Board of Film Certification, to take "appropriate steps to stop glorification of the practice of.....

Tags : Sati, Glorification, Scenes, Deletion

In bribe cases, it is for the prosecution to prove demand and acceptance beyond reasonable doubt(02.03.2018)

The Appellants 1 & 2 were tried before the learned Assistant and Sessions Judge-cum-Chief Judicial Magistrate, on the allegation that, on 5th April, 2.....

Tags : Illegal gratification, Proof, Acquittal

What was not decided in appeal by the Division Bench could not be decided by the Division Bench while deciding the review application(12.03.2018)

Present appeals are against the final judgment passed by the High Court whereby the Division Bench of the High Court dismissed the review application .....

Tags : Application, Review, Maintainability

A demand notice delivered by an Advocate duly instructed by the Operational Creditor is a valid demand notice for purposes of initiation of CIRP(08.01.2021)

In present case, Application filed by the Appellant- Operational Creditor under Section 9 of the Insolvency and Bankruptcy Code, 2016 ("I&B Code") cam.....

Tags : Application, Maintainability, Demand notice

Mere suppression of facts is not sufficient to invoke extended period; there should be some positive Act on part of noticee to evade payment of duty(06.04.2021)

The Appellants, M/s. Bharti Airtel Ltd., are providers of taxable service under the category of Telephone/Telecommunications Services; an audit conduc.....

Tags : Extended period, Invocation, Legality

The party raising the jurisdictional objection under Section 16 of Arbitration Act has to raise it with alacrity(25.03.2021)

The Petitioners filed an application under Section 16 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) and raised an objection that, th.....

Tags : Dispute, Jurisdiction, Adjudication

Application filed by Financial Creditor has to be admitted on satisfaction that, default has occurred and application is complete, and no disciplinary proceeding against proposed IRP is pending(03.05.2021)

The present application is filed under Section 7 of The Insolvency and Bankruptcy Code, 2016, read with Rule 4 of the Insolvency and Bankruptcy (Appli.....

Tags : Default, Application, Admission

The acknowledgment in the form of letters/OTS/Settlement terms made by 'Corporate Debtor' before expiry of period of limitation results in a fresh period of limitation(22.05.2020)

The limited question involved in present appeal is whether the application under Section 7 of the Insolvency and Bankruptcy Code, 2016 ("I&B Code") fi.....

Tags : Debt, Application, Maintainability

Adjudicating Authority is only required to ascertain existence of default from records of an information utility(22.05.2020)

The twin appeals preferred by the same 'Financial Creditor' viz 'Allahabad Bank' against two different 'Corporate Debtors' primarily assail the orders.....

Tags : Application, Admission, Entitlement

It is mandatory to provide an opportunity to applicant for rectifying defects of application in terms of Section 9(5)(ii)(a) of IBC(19.04.2021)

Present appeal emanates from the Order passed by the Adjudicating Authority in Company Petition, whereby the Application filed by Appellant under Sect.....

Tags : Proper Authorisation, Application, Maintainability

Involuntary act of principal debtor, leading to loss of security, would not absolve a guarantor of its liability(21.05.2021)

The common question which arises in present cases concerns the vires and validity of a notification dated 15th November, 2019 issued by the Central Go.....

Tags : Notification, Guarantor, Liability

Uploading of financial statements by private educational institutions would not amount to breach of their Right to Privacy(29.05.2021)

The challenge in the present petition is restricted to the modifications carried out by Central Governmet while extending the Punjab Regulation of Fee.....

Tags : Education, Transparency, Profiteering, Right to Privacy

State shall not discriminate against any citizen on grounds of religion, race, caste, sex and place of birth or any of them(28.05.2021)

The Union Government for safeguarding the Minorities had set up a National Commission for Minorities under the National Commission for Minorities Act,.....

Tags : State Minority Commission, Sub-classification of minorities

Civil or Commercial dispute are to be adjudicated and resolved by Arbitral Tribunal unless the jurisdiction of the Arbitral Tribunal is excluded either expressly or by necessary implication(02.08.2021)

By present petition, the Petitioners are seeking issuance of directions to the Respondent No. 1 to proceed with resolution of disputes raised by Petit.....

Tags : Arbitral Tribunal, Adjudication, Powers

Unless specified by statute itself, procedural law operates retrospectively(18.08.2021)

Present Miscellaneous Application(MA) is filed by assessee seeking rectification of mistake , which as per assessee is apparent from record and has cr.....

Tags : Miscellaneous Application, Time period, Maintainability

Confiscation proceedings are in nature of civil proceedings and standard of proof is preponderance of probabilities(09.01.2020)

The Petitioner has filed the present petition, impugning an order passed by the Financial Commissioner, whereby the appeal preferred by the Petitioner.....

Tags : Unlawful import, Confiscation, Vehicle

Claims raised by an obstructer including questions relating to right, title or interest in the property has to be adjudicated upon by the Executing Court(06.12.2021)

The BDA has preferred the present appeals feeling aggrieved and dissatisfied with the impugned judgment passed by the High Court, by which the High Co.....

Tags : Execution proceedings, obstructer, Adjudication

Notifications & Circulars

Framework to Enable Verification of Upfront Collection of Margins from Clients in Cash and Derivatives segments(20.07.2020)

1 With respect to equity derivatives and currency derivatives segments, Stock Exchanges/Clearing Corporations have mandated clearing members/trading m.....

Tags : Verification, Margins, Clients

Entire consignment cannot be seized/confiscated on unjustified assumptions and presumption and in absence of evidences(27.01.2022)

The issue involved in the Appeals is whether freely importable Waste Paper of CTH 47079000, imported by Appellants are liable to confiscation or other.....

Tags : Confiscation, Penalty, Validity

Clarification on doubts related to supply of Information Technology enabled Services (ITeS services)(18.07.2019)

1. Various representations have been received seeking clarification on issues related to supply of Information Technology enabled Services (hereinafte.....

Tags : Doubts, Clarification, ITeS services

Publication of RBI-Occasional Papers-Vol. 41, No.1, 2020(16.07.2020)

The Reserve Bank of India releases Volume 41, No.1 of its Occasional Papers, a research journal containing contributions from its staff. This issue co.....

Tags : Publication, Research journal

Transport Ministry issues notification for clearly enunciating assignment of colour of alpha numerals and background of registration plates of vehicles(16.07.2020)

The Ministry of Road Transport and Highways has notified SO 2339(E) dated 14th July, 2020 to rectify the anomalies in the chapter on 'The assignment o.....

Tags : Notification, Issuance, Registration mark

An application under Order 39 Rule 4 of CPC is permissible only if in the application seeking temporary injunction, a party has made false and misleading statement(21.02.2022)

Appellant impugns order whereby the application filed by the Appellant as also by Respondent no. 1 under Order 39 Rule 4 of Code of Civil Procedure, 1.....

Tags : Application, Modification, Entitlement

Any condition imposed on the import shall not apply to the import already originated from the port of shipping(24.02.2022)

The Appellant had imported a consignment of Sajji Khar at Mundra Port under warehousing Bill of entry. The FSSAI authority certified that, the Appella.....

Tags : Goods, Confiscation, Legality

Without prior adjudication of workmen’s disputed claim, proceedings for computation of difference of wages not maintainable under Section 33(C)(2) of ID Act(04.02.2022)

In present matter, the Respondent No.2 moved an application before the Labour Court under Section 33(C)(2) of the Industrial Disputes Act, 1947 demand.....

Tags : Wages, Adjudication, Jurisdiction

A mistake apparent on the record must be patent mistake and not something which can be established by a long-drawn process of reasoning(09.03.2022)

The facts of the case are that, assessee filed a loss return of Rs.1,76,77,280. However, the said return was revised to rectify certain mistakes decla.....

Tags : Assessment, Rectification, Allowability

Explanation 3C to Section 43B (d) of the IT Act is 'clarificatory' and does not add a new condition retrospectively(11.08.2021)

The question raised in present appeals is with particular reference to Section 43B Explanation 3C of the Income Tax Act, 1961 [IT Act]. On 28th Novemb.....

Tags : Assessment, Clarificatory provision, Applicability

Rejection of second-application for grant of registration under Section 12AA of the IT Act without mentioning substantial reason amounts to miscarriage of justice(20.06.2022)

The assessee is a company incorporated under Section 8 of the Companies Act, 2013, established for various objects set out in the Memorandum of Associ.....

Tags : Application, Registration, Grant

News

Supreme Court Refuses to Stay CAT Contempt Order Against Advocate Mehmood Pracha(20.08.2021)

Supreme Court has asked Advocate Mehmood Pracha to consider filing an unconditional apology in a plea challenging Central Administrative Tribunal's (".....

Tags : Supreme Court, Advocate Mehmood Pracha

SC: Reservation Category Person Can't Claim Quota Benefits Simultaneously in Two Successor States(23.08.2021)

Supreme Court has held that a person who is entitled to the benefit of reservation in either of the State of Bihar or State of Jharkhand will not be e.....

Tags : Supreme Court, Reservation Category Person

Delhi HC: Bar Against Entertaining Revision Application Not Applicable to Petition Under Article 227(23.08.2021)

Delhi High Court has held that the bar provided under Section 8 of the Commercial Courts Act, 2015 against entertaining revision application or petiti.....

Tags : Delhi High Court, Bar Against Entertaining Revision Application

Madras HC: Masters in Law, Enrolment as Advocate Not Required for Teaching 'Pre-Law Courses'(23.08.2021)

Madras High Court has held that the notification issued by the Teachers Recruitment Board mandating candidates to be enrolled as an advocate and to po.....

Tags : Madras High Court, Masters in Law, Enrolment as Advocate

CESTAT: Law Does Not Mandate Customs Broker to Physically Verify Address of Client(05.07.2022)

Customs, Excise & Service Tax Appellate Tribunal (CESTAT), Delhi bench has held that it is not mandatory for Customs Broker to physically verify the a.....

Tags : CESTAT, Customs Broker, Verification

J&K&L HC: Promotion Based on 'Educational Qualification' Not Violative of Art. 14 & 16(06.07.2022)

Jammu and Kashmir and Ladakh High Court has held that classification on the basis of educational qualification for promotion is permissible in law and.....

Tags : Jammu and Kashmir and Ladakh High Court, Promotion, 'Educational Qualification

Tax authorities are entitled to grant stay on deposit of amounts lesser than twenty percent of the disputed demand(02.05.2022)

Present writ petition has been filed challenging the orders passed by Respondents No.1 and 2, without considering the submissions made by the Petition.....

Tags : Stay applications, Pre-deposit, Discretion

Illegal occupants/encroachers are not entitled to any prior notice(29.06.2022)

The present writ petition has been filed under Articles 226 and 227 of the Constitution of India, 1950 seeking quashing/ setting aside of (i) Notifica.....

Tags : Encroachment, Notification, Validity

Order issued by the Assistant Labour Commissioner would not act as a bar to approach the Labour Court individually/independently(04.07.2022)

The challenge in present petition is to an order of the Assistant Labour Commissioner (Central) Delhi ('ALC'), in his capacity as Conciliation Officer.....

Tags : Dispute, Adjudication, Authority

Section 17 of BIS Act prohibit the import of goods without requisite BIS license(06.07.2022)

The Appellant is engaged in import of Cold Rolled Grain Oriented (CRGO) Electrical Steel Sheet/Coils. For import of CRGO, Steel Sheets/Coils, BIS cert.....

Tags : Confiscation, Goods, Legality

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

Advocate shall not stipulate for a fee contingent on results of litigation or agree to share the proceeds thereof(05.12.2017)

Instant appeal has been preferred against order of High Court thereby, High Court declined to quash the proceedings initiated against the Appellant un.....

Tags : Advocate’s fee, Contingency, Litigation, Misconduct

Penalty can be imposed for use of false and incorrect material, Authorities have to prove that person concerned has deceived exchequer for his wrongful gain(04.12.2017)

The Appellant imported Speed Post Parcel at Foreign Post Office. Goods were containing declaration of "Artificial Gift Item". Customs Officers after .....

Tags : Goods, Confiscation, Penalty

DRT is also a civil court and its order would operate as res judicata(11.07.2022)

Present civil revision under Section 115 of the Code of Civil Procedure, 1908 ("CPC") has been filed by the applicants challenging the order passed by.....

Tags : Principles, Res judicata, DRT

Terms of the Invitation to Tender, being in the realm of contract, are not open to judicial scrutiny(30.09.2022)

The Airport Authority of India ( ‘AAI’) has preferred Civil Appeal against the judgment and order passed by the High Court, by which the High Court ha.....

Tags : Categorisation, Airports, Tender

Any plant, machinery, equipment or accessories required for manufacture or production, either directly or indirectly, of goods would fall within the scope of capital goods(23.09.2022)

The Appellant purchased a "Complete Used Stainless Steel Tube Manufacturing Plant" including parts, spares, accessories, tools & tackles and office re.....

Tags : Confiscation, Penalty, Legality

Kerala HC to State: Ensure Drop Boxes in Schools for Students to Submit Their Complaints Anonymously(07.07.2022)

Kerala High Court has directed the State Education Department to install drop boxes in all schools in the State for students to submit their grievance.....

Tags : Kerala High Court, Education Department, Drop Box

Delhi HC: Specifications of Invention Before & After Amendment Need Not Be Identical(07.07.2022)

Delhi High Court has held that amendments to a patent specification or claims prior to grant ought to be construed more liberally than narrowly, and o.....

Tags : Delhi High Court, Patent Specification, Inconsistent

SC: A Proficient Advocate Must be Physically Fit(08.07.2022)

Supreme Court while granting relief of enhanced compensation, to an advocate who had suffered 100% permanent disability due to an accident, has held t.....

Tags : Supreme Court, Compensation, Advocate, Disability

Madras HC: No Court Order Required to Decide Internal Issue of Designated Committee(08.07.2022)

Madras High Court while directing Sabka Vishwas Scheme Designated Committee to issue discharge certificate in Form-4, has held that no Court order is .....

Tags : Madras High Court, Designated Committee, Discharge Certificate

SC: Person Securing Appointment on The Basis of False Caste Certificate Can’t Retain Benefit(12.07.2022)

Supreme Court has held that when a person secures appointment on the basis of a false caste certificate, he cannot be permitted to retain the benefit .....

Tags : Supreme Court, False Caste Certificate, Wrongful Appointment

Orissa HC: No Mandate That 2 Years Must Be Added To Outer Age Limit Determined By Ossification Test(12.07.2022)

Orissa High Court has held that there is no law that two years mandatorily be added to the outer limit of age as determined by 'ossification test'.

Tags : Orissa High Court, Ossification Test, Age Limit

Where a statute requires a particular act to be done in a particular manner, act has to be done in that manner alone(02.04.2019)

The challenge in present petition is to a Notification dated 15th May, 2017 issued by the Ministry of Road Transport and Highways, under Section 3-A (.....

Tags : Acquisition, Notification, Validity

Tenants do not have unlimited right to continue to enjoy tenancy in perpetuity(31.01.2020)

Petitioner has challenged an order under which he has been granted a period of seven days by the Assistant Commissioner of Agartala Municipal Corporat.....

Tags : Eviction, Relocation, Legality

Beneficiaries of policy taken out by insured are also consumers under Consumer Protection Act, 1986, even if, they are not parties to contract of insurance(06.02.2020)

The facts of the case are, claimants, referred to as ‘the farmers’, had grown Byadgi Chilli Crop during the year 2012­2013. These farmers had stored t.....

Tags : Policy, Beneficiaries, Indemnification

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

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

Tags : Application, Indigent persons, Rejection

Jharkhand HC Issues Notice in Contempt Plea Against Advocate General & Additional Advocate General(02.09.2021)

Jharkhand High Court has issued notice to the Advocate General Rajiv Ranjan Mishra and Additional Advocate General Sachin Kumar in a petition seeking .....

Tags : Jharkhand High Court, Contempt Plea Against Advocate General & Additional Advocate General

SC Issues Notice on Plea Challenging MHA Notification Extending Compliance Date of FCRA Act(03.09.2021)

Supreme Court has issued notice on a batch of petitions challenging the Ministry of Home Affairs (MHA), Government of India notification dated May 18,.....

Tags : Supreme Court, MHA Notification Extending Compliance Date of FCRA Act

Delhi HC Issues Notice on Contempt Application Filed By Telecom Watchdog(03.09.2021)

Delhi High Court has issued notice on an application for initiation of contempt, filed by Telecom Watchdog in the case pertaining to grant of telecom .....

Tags : Delhi High Court, Contempt Application Filed By Telecom Watchdog

Supreme Court Asks Centre to Frame Guidelines on COVID Death Certificate by Sep 11(03.09.2021)

Supreme Court has directed the Union Government to show compliance by 11th September 2021 to the judicial directions passed on 30th June 2021 to frame.....

Tags : Supreme Court, Guidelines on COVID Death Certificate

SC to States: Give Details of Funds Disbursed for Judiciary from 2017-2022(27.07.2022)

Supreme Court while expressing concerns at the lack of proper judicial infrastructure in many States, has directed the Law Secretaries of all State Go.....

Tags : Supreme Court, Judicial Infrastructure, Budget Allocation

Allahabad HC to State: Consider Relocating Hathras Victim's Family Members Within State(28.07.2022)

Allahabad High Court has directed State to consider relocation of Hathras victim’s family to any other place within the State outside Hathras keeping .....

Tags : Allahabad High Court, Relocation, Hathras Victim

If acknowledgement is made before expiry of period of limitation, then a fresh period of limitation shall be computed from time, when acknowledgement was signed(14.02.2020)

Present two Appeals emanates from the common order passed by the Adjudicating Authority/National Company Law Tribunal, whereby the Application filed b.....

Tags : Application, Maintainability, Time Extension

In limited scrutiny, AO cannot go beyond dispute raised in notice(23.12.2022)

Present is an appeal filed by the assessee against the order of the learned Commissioner of Income Tax (Appeals). The assessee submitted that, the lea.....

Tags : Limited Scrutiny Assessment, Notice for verification, Dispute raised

Allahabad HC Imposes Cost on Plea for Speedy Disposal of Bail Application Not Filed(04.12.2020)

Allahabad High Court has dismissed a Criminal Writ plea with a cost of Rs. 10,000/- which was filed seeking a direction for speedy disposal of the bai.....

Tags : Allahabad High Court, Speedy Disposal of Bail Application

ITAT, Amritsar Allows Registration Under Section 12A to Educational Welfare Society(19.10.2021)

Income Tax Appellate Tribunal (ITAT), Amritsar has allowed Registration under Section 12A of the Income Tax Act, 1960 to an Educational Welfare Societ.....

Tags : Income Tax Appellate Tribunal, Educational Welfare Society

Kerala High Court: Tahsildars Have No Power to Cancel Community Certificate(20.10.2021)

Kerala High Court has held that Tahsildars have no power to cancel a community certificate issued by them under the Kerala Scheduled Castes and Schedu.....

Tags : Kerala High Court, Cancellation of Community Certificate

DGFT Notifies Extension of Date for Mandatory Electronic Filing on Non-Preferential CoO(20.10.2021)

Director-General of Foreign Trade (DGFT) has notified the extension of the Date for Mandatory electronic filing of the Non-Preferential Certificate of.....

Tags : Director-General of Foreign Trade, Filing of Certificate of Origin

Bombay HC: Award Need Not be Set Aside for Mere Erroneous Application of Law(23.08.2022)

Bombay High Court has held that when the court is convinced that the Arbitrator has erred only on specific issues and that the arbitral award is other.....

Tags : Bombay High Court, Arbitrator, Erroneous Application

Kerala HC: Ensure Institutions Don't Suffer While BPL Students Are Allowed to Continue Education(24.08.2022)

Kerala High Court while refraining colleges from taking detrimental action against students belonging to Below Poverty Line (BPL) category merely for .....

Tags : Kerala High Court, Below Poverty Line, Education

When customs authorities wanted to classify the goods differently, the burden of proof to showcase the same is on them(17.01.2023)

The Appellants imported certain units of the Concerned Goods and classified them under 'Tariff Item 8471 50 00' as per the prevalent self-assessment p.....

Tags : Import, Goods, Classification

Madras HC Issues Notice on Plea Challenging Amendment Transferring 'Education' from State List(15.09.2021)

Madras High Court has issued notice to the Central government on a petition that challenged Section 57 of the Constitution (42nd Constitutional amendm.....

Tags : Madras High Court, Amendment Transferring 'Education' from State List

AAR: Educational Board is ‘Educational Institution’ for The Limited Purpose of Conducting Exams(14.07.2022)

Authority for Advance Ruling (AAR), Karnataka has held that the Central or State Educational Board is ‘Educational Institution’ for the limited purpos.....

Tags : AAR, Educational Board, Examinations

AAR: No GST on Service Provided to Educational Institution to Conduct Entrance Examination(19.07.2022)

Authority for Advance Ruling (AAR), Uttar Pradesh has held that no Goods and Services Tax (GST) on services provided to the educational institution to.....

Tags : AAR, Educational Institution, Entrance Examination

Delhi HC: Coal Allocation Per Se Does Not Amount to "Proceeds of Crime" Under PMLA(20.07.2022)

Delhi High Court while observing that coal allocation can’t be viewed as proceeds of Crime per se, has held that only the gains that may be obtained f.....

Tags : Delhi High Court, PMLA, Coal Allocation

Cal. HC: No Claim Certificate is Invalid if it is Pre-Condition to The Release of Final Payment(22.07.2022)

Calcutta High Court has held that a discharge voucher or No Claim Certificate would be invalid on account of 'Coercion' if it is submitted as a pre-co.....

Tags : Calcutta High Court, No Claim Certificate, Pre-Condition

Kerala HC Stresses on The Need for Proper Sex Education(22.07.2022)

Kerala High Court has expressed its concerns over the glaring absence of adequate sex education in schools amid the rising number of child pregnancies.....

Tags : Kerala High Court, Child Pregnancies, Sex Education

Mere fact that majority debenture holders have not initiated any application under Section 7 of IBC, shall not preclude financial creditor to initiate the same(01.02.2023)

Present Appeal has been filed against the Order by which order, the Adjudicating Authority has admitted Section 7 Application filed by the Financial C.....

Tags : Financial creditor, Application, Allowability

Gujarat HC Permits Canadian Woman to Undergo Kidney Transplant Without Domicile Certificate(28.07.2022)

Gujarat High Court while allowing Canadian woman to undergo kidney transplant without domicile certificate, has held that the Right to Live includes t.....

Tags : Gujarat High Court, Kidney Transplant, Domicile Certificate

SC: Provisions of Limitation Act Has No Application When Statute Extinguishes The Right Itself(01.08.2022)

Supreme Court has held that the provisions of Limitation Act will not have any application when a Statute extinguishes the right itself.

Tags : Supreme Court, Limitation, Application

SC to Centre & GST Council: Advise States to Implement Digital DIN System(03.08.2022)

Supreme Court has directed GST Council to issue advisory/instructions/recommendations to the respective States regarding implementation of the system .....

Tags : Supreme Court, GST Council, Document Identification

ITAT: Decision Taken by Authorities in Previous Year Would Not Operate as Res Judicata(04.08.2022)

Income Tax Appellate Tribunal (ITAT), Ahmedabad Bench has held that decision taken by authorities in previous year would not operate as res judicata f.....

Tags : ITAT, Res Judicata, Previous Decision

Delhi HC: Arbitral Tribunal Has Power to Vacate/Modify its Earlier Order(04.08.2022)

Delhi High Court has held that arbitral tribunal does not have the power of substantive review of its order; however, it does have the power to vacate.....

Tags : Delhi High Court, Arbitral Tribunal. Vacate/Modify, Interim Order

Tax Research Unit (TRU) Issues Clarification on Applicability of GST(05.08.2022)

TRU has clarified that GST will apply to late fees charged by service provider; amount forfeited for cancellation of hotel bookings; car hired for emp.....

Tags : TRU, GST Applicability, Clarification

Kerala HC Dismisses Plea Seeking Re-Opening of Schools & Technical Educational Institutions(25.01.2021)

Kerala High Court has dismissed a plea seeking a direction to the Government of Kerala to permit re-opening and functioning of Schools and Technical E.....

Tags : Kerala High Court, Schools & Technical Educational Institutions

Jharkhand HC Sets Aside 2019 Advertisement Giving Retrospective Application to EWS Reservation(25.01.2021)

Jharkhand High Court has set aside a 2019 advertisement published by the Jharkhand Public Service Commission giving retrospective application to the 1.....

Tags : Jharkhand High Court, Advertisement Giving Retrospective Application to EWS Reservation

Karnataka HC: Application for Judgment on Admissions May be Filed at Any Stage of Suit(14.12.2021)

Karnataka High Court has reiterated that a decree can be passed under Order XII Rule 6 of Code of Civil procedure, 1908 (CPC) at any stage of the suit.....

Tags : Karnataka High Court, Application for Judgment on Admissions

SC: Can't Seek Review Under the Garb of Miscellaneous Application(08.11.2022)

Supreme Court while Centre’s Plea to modify order passed by the Court on September 8, 2021 which prevented extension of tenure of Director of Enforcem.....

Tags : Supreme Court, Miscellaneous Application, Enforcement Directorate

SC: Education is Not Business to Earn Profit(08.11.2022)

Supreme Court while upholding Andhra Pradesh High Court’s order to strike down State government's decision to hike annual tuition fees for MBBS course.....

Tags : Supreme Court, Education, Profit

SC: Claims Raised by Obstructer in Execution Proceedings to be Adjudicated by Executing Court(07.12.2021)

Supreme Court has held that claims raised by an obstructer including questions relating to right, title or interest in the property in execution proce.....

Tags : Supreme Court, Execution Proceedings to be Adjudicated by Executing Court

SC: Speaker Can't Deny Pension & Other Benefits to MLAs While Disqualifying Them Under 10th Schedule(29.09.2022)

Supreme Court has held that under the Xth Schedule of the Constitution, the Speaker of a Legislative Assembly does not have power to deny pension and .....

Tags : Supreme Court, 10th Schedule, Speaker, Disqualification

Ker. HC: Possession of Higher Qualification Presupposes Acquisition of Lower Qualification(30.09.2022)

Kerala High Court has held that possession of higher qualifications by candidate in selection process presupposes acquisition of lower qualification, .....

Tags : Kerala High Court, Higher Qualification, Disqualify

Kar. HC: Advocates Act Confers No Right to Park Vehicle Inside Court Premises(30.09.2022)

Karnataka High Court has held that Section 30 of the Advocates' Act only confers the right on the Advocates to practice and it does not confer any rig.....

Tags : Karnataka High Court, Advocates Act, Parking

Ker. HC: Legal Advice Given by Advocate General to Government Exempted from Disclosure Under RTI Act(03.10.2022)

Kerala High Court has held that the legal advice rendered by the Advocate General to the Government is exempted from disclosure under Section 8(1)(e) .....

Tags : Kerala High Court, Advocate General, Right to Information

Ker. HC Cracks Whip on Buses With Illegal Alterations & YouTube Vloggers Promoting Such Vehicles(07.10.2022)

Kerala High Court while initiating suo moto proceedings on Vadakkancherry bus accident, has called for strong action against tourist buses fitted with.....

Tags : Kerala High Court, Illegal Modifications, Tourist Buses

SEBI: Audit Committee of Listed Entity to Define Material Modifications(11.11.2021)

Securities, and Exchange Board of India (SEBI) has notified the Securities and Exchange Board of India (Listing Obligations and Disclosure Requirement.....

Tags : Securities, and Exchange Board of India, Material Modifications

Madras HC: Court Can't Evaluate Evidence While Deciding Application for Revocation of Leave(15.11.2021)

Madras High Court has iterated that while considering an application for revocation of leave granted under Clause 12 of the Letters Patent, the Court .....

Tags : Madras High Court, Application for Revocation of Leave

SC Admits Plea Against Abolition of State-Funded Madrassas in Assam(02.11.2022)

Supreme Court has admitted a special leave petition against a Gauhati High Court decision upholding a 2020 Assam Assembly law, according to which all .....

Tags : Supreme Court, Madrassas, Educational Institutions

Delhi HC Restrains Publication of Confidential Info of Players in Ex-Hockey India Coach's New Book(02.11.2022)

Delhi High Court has temporarily restrained former coach of Indian Women Hockey Team Sjoerd Marijne and HarperCollins Publishers India from publishing.....

Tags : Delhi High Court, Confidential Information, Publication

Kerala HC Quashes Transfer Order of Judge Who Made ‘Sexually Provocative Dress’ Remark(02.11.2022)

Kerala High Court has set aside the order for transfer of Kozhikode Principal District & Sessions Judge, S. Krishnakumar, who made controversial 'sexu.....

Tags : Kerala High Court, Sexually Provocative Dress, Transfer Order

SC: Skull Superimposition Technique for Identification of Body Not Reliable(04.11.2022)

Supreme Court has held that skull superimposition technique for identification of the dead body cannot be regarded as infallible when such report is n.....

Tags : Supreme Court, Superimposition Technique, Identification of Body

Madras HC: Death of City Advocate’s Son Was Homicide and Not Suicide(09.02.2021)

Madras High Court has held that the death of city advocate R. Sankarasubbu’s 24-year-old son S. Sathish Kumar, a law graduate, in June 2011 was a homi.....

Tags : Madras High Court, Death of City Advocate’s Son

Karnataka HC: Higher Educational Qualification of Wife Not Enough Reason Not to Give Maintenance(09.02.2021)

Karnataka High Court has dismissed the revision petition filed by a husband challenging the family order which directed him to pay Rs 3,000 per month .....

Tags : Karnataka High Court, Higher Educational Qualification of Wife

Bombay HC Dismisses Plea Challenging Appointment and Fee Paid to Senior Advocate by BMC(09.02.2021)

Bombay High Court has dismissed a plea challenging the appointment and fee paid to Senior Advocate Aspi Chinoy for representing the Brihanmumbai Munic.....

Tags : Bombay High Court, Fee Paid to Senior Advocate

SC Rejects Bail Application of Akhil Gogoi in UAPA Case Relating to Anti-CAA Protests(11.02.2021)

Supreme Court has dismissed plea by peasants' rights activist Akhil Gogoi, challenging the Gauhati High Court order rejecting his bail plea. The Court.....

Tags : SC, Bail Application

Bombay HC Denies 'X' Category Security to BJP Minority Morcha Head Jamal Siddiqui(15.02.2021)

Bombay High Court has dismissed a plea filed by the National President of Bharatiya Janta Party Minority Morcha, Jamal Anwar Siddiqui seeking 'X' – ca.....

Tags : Bombay High Court, Jamal Siddiqui, ‘X’ Category Security

Madras HC to State: Approach SC for Clarification on 50% Reservation for In-Service Candidates(23.11.2022)

Madras High Court has asked State Government to seek a clarification from Supreme Court regarding applicability of the Tamil Nadu government notificat.....

Tags : Madras High Court, Clarification, Reservation

Manipur HC Sets Aside Legislative Assembly Speaker's Disqualification Order Against An MLA(06.12.2021)

Manipur High Court has set aside a disqualification order passed by the Speaker, 11th Manipur Legislative Assembly against an MLA, Tongbram Robindro S.....

Tags : Manipur High Court, Disqualification Order Against An MLA

Kerala HC Expunges ‘Provocative Dress’ Remarks in Civic Chandran Bail Order(13.10.2022)

Kerala High Court while expunging 'sexually provocative dress' remark of Kozhikode Sessions Court while granting anticipatory bail to accused in sexua.....

Tags : Kerala High Court, Sexually Provocative Dress, Bail

Madras HC: Third Gender Candidates Entitled To Special Reservation(14.10.2022)

Madras High Court has directed the state Health and Family Welfare Department and Directorate of Medical Education to provide special reservation to t.....

Tags : Madras High Court, Education, special reservation

NCLAT: AA Can Consider Any Application Arising Out Of Sale In Liquidation(19.10.2022)

National Company Law Appellate Tribunal, Delhi has observed that the Adjudicating Authority (AA) is empowered to consider any application filed by the.....

Tags : National Company Law Appellate Tribunal, Liquidator, Auction, Adjudicating Authority

SCN Without Any Reasons: Delhi HC Quashes Order Cancelling GST Registration(19.10.2022)

Delhi High Court has quashed the order cancelling the Goods & Services Tax (GST) registration as the Range Inspector has physically verified the premi.....

Tags : Delhi High Court, Goods & Services Tax, Inspector, verification

Rajasthan HC Restrains from Issuing Registration Certificate to Senior Lawyers Association(09.02.2022)

Rajasthan High Court has restrained state from issuance of registration certificate to Rajasthan High Court Senior Lawyers Association, Jaipur till fu.....

Tags : Rajasthan High Court, Registration Certificate to Senior Lawyers Association

DGFT Notifies Indian Trade Classification (Harmonised System) 2022 as per Finance Act, 2021(11.02.2022)

Director-General of Foreign Trade (DGFT) has notified the Indian Trade Classification (Harmonised System) 2022 (ITC (HS) 2022) to sync with the Fina.....

Tags : Director-General of Foreign Trade, Indian Trade Classification (Harmonised System) 2022

Madras HC: If Application for Amendment Does Not Change Character of Petition, May be Allowed(11.02.2022)

Madras High Court has ruled that if the new grounds introduced by amendment do not change the character of the petition originally filed for setting a.....

Tags : Madras High Court, Application for Amendment

SC: Application for Correction of Decree Only Maintainable Before HC Where Decree Confirmed(14.02.2022)

Supreme Court has observed that in cases where the decree passed by the trial court merges with judgment and decree passed by the High Court, then the.....

Tags : Supreme Court, Application for Correction of Decree

SC: Difference in Pay Scale Based on Academic Qualification is Valid(17.01.2023)

Supreme Court has held that an academic qualification is a valid criterion to differentiate pay scale for different employees even when the nature of .....

Tags : Supreme Court, Pay-Scale, Academic Qualification

Gujarat HC: CGST Undervaluation Or Change Of Route Not A Ground To Detain The Goods(10.01.2022)

Gujarat High Court has held that mere undervaluation of the goods or change of route of the consignment cannot be considered to be sufficient grounds .....

Tags : Gujarat High Court, Confiscation of Goods, Goods in Transit

Supreme Court Directs to Finalise Guidelines for Inspection of Educational Institutions(13.01.2022)

Supreme Court has directed the University Grants Commission to finalize guidelines for the inspection of educational institutions and commence inspect.....

Tags : Supreme Court, Guidelines for Inspection of Educational Institutions

AAAR: Allocation of Salary of Head Office Employee to Branch Subject to GST(17.01.2022)

Appellate Authority for Advance Ruling (AAAR), Maharashtra says allocation of salary of a head office employee to a branch, and its recovery from ther.....

Tags : Appellate Authority for Advance Ruling, Allocation of Salary of Head Office Employee

Meghalaya HC: Teachers of Aided Colleges Can Take Part in Election; Not Bearers of Office of Profit(08.12.2022)

Meghalaya High Court has held that employees of the educational institutes do not hold an Office of Profit, and if they satisfy the requisite conditio.....

Tags : Meghalaya High Court, Office of Profit, Education Institutes

Bom. HC: Informant Is Entitled to Opportunity of Hearing in Discharge Application of Accused(08.12.2022)

Bombay High Court has held that first informant has a right to opportunity of hearing in the discharge application filed by the accused before the Cou.....

Tags : Bombay High Court, Discharge Application, Informant

Delhi HC to Schools: Ensure No Child Belonging to EWS is Denied Admission(16.12.2022)

Delhi High Court while observing that miserable state of affairs is prevalent in national capital at elementary education level is concerned has direc.....

Tags : Delhi High Court, EWS, Admission, Elementary Education

Kerala HC: Delay in Filing Application Only Fatal if Allows for an Unfair Benefit(07.02.2022)

Kerala High Court has ruled that a delay in filing an application only becomes fatal if by allowing such application, the applicant obtains an unfair .....

Tags : Kerala High Court, Delay in Filing Application

Centre to SC: Surrogate Mother Need Not be Genetically Related to Child(08.02.2023)

Supreme Court has directed Centre to give immediate effect to 3 important clarifications that Centre has issued regarding the extant regime on surroga.....

Tags : Supreme Court, Surrogate Mother, Clarification

Kar. HC Sends Advocate to Judicial Custody for Making Wild Allegations Against Judges(08.02.2023)

Karnataka High Court while passing order in a suo-motu contempt initiated in 2019, against advocate K S Anil has directed him to be taken into judicia.....

Tags : Karnataka High Court, Contempt of Court, Advocate, Judges

Kar. HC Issues Directions to Ensure Bound Disposal of Maintenance Applications(10.02.2023)

Karnataka High Court has issued directions to trial courts to follow a timeline, in deciding applications filed by estranged women seeking maintenance.....

Tags : Karnataka High Court, Maintenance Applications, Disposal, Directions

SC Refers Dawoodi Bohras Excommunuication Case to Nine Judge Sabarimala Bench(10.02.2023)

Supreme Court five judge Constitution Bench has referred the question of the validity of the practice of excommunication prevalent among the Dawoodi B.....

Tags : Supreme Court, Dawoodi Bohras, Excommunuication

SC: Only Small Peddlers Are Caught Not Culprits Actually Running Drug Syndicate(13.02.2023)

Supreme Court while granting bail to an undertrial in an NDPS case, has observed that in NDPS cases, smalltime drug peddlers are mostly caught and not.....

Tags : Supreme Court, NDPS, Drug Peddlers, Syndicate

Non-consideration of the decision of the High Court/Supreme Court constitutes mistake apparent from record and is rectifiable within the meaning of Section 254(2) of the IT Act(17.02.2023)

Present is a Miscellaneous Petition (MP) filed by the Revenue under Section 254(2) of the Income Tax Act, 1961 (IT Act) praying for rectification of t.....

Tags : Mistake, Rectification, Provision

Delhi HC Directs Placing on Record Details of Lawyers Under CM Advocate Welfare Policy(24.05.2021)

Delhi High Court has directed the Bar Council of Delhi to place on record the complete list of verified lawyers who, according to it, are entitled to .....

Tags : Delhi High Court, CM Advocate Welfare Policy

NCLT, Kochi: Initiation of CIRP Not Mandatory for Application Against Personal Guarantors(28.02.2022)

National Company Law Tribunal, Kochi has held that when an application for initiation of corporate insolvency resolution process (CIRP) is pending bef.....

Tags : National Company Law Tribunal, Application Against Personal Guarantors

Calcutta HC Modifies Order of Conviction to Attempt to Rape in Case Concerning 11 Yr Old Girl(02.03.2022)

Calcutta High Court has observed that penetration even of the slightest degree is necessary to establish the offence of rape and accordingly held that.....

Tags : Calcutta High Court, Modification of Order of Conviction

SC: False Educational Qualification Claim in Election Affidavit Not Corrupt Practice(21.02.2023)

Supreme Court while observing that no one votes on the basis of education qualification has held that false information regarding education qualificat.....

Tags : Supreme Court, Educational Qualification, Corrupt Practice

SC: Different Pay for Similar Post Allowed if There is Reasonable Classification(23.02.2023)

Supreme Court has held that if classification of posts and determination of pay scale have reasonable nexus with the objective or purpose sought to be.....

Tags : Supreme Court, Reasonable Classification, Pay Scale

It is the obligation of the person intending to erect a building or to execute work to apply for completion certificate(09.02.2023)

Present appeal under Section 23 of the Consumer Protection Act, 1986 (‘the C.P. Act’) calls in question the order passed by the National Consumer Disp.....

Tags : Deficiency, Service, Completion certificate

Madras HC: Adjudication is Conclusive to Incidental/Connected Subject Matter of Litigation(31.03.2022)

Madras High Court has held that the principle of res judicata prevents the parties to a judicial determination from litigating the same question again.....

Tags : Madras High Court, principle of res judicata, judicial determination

CESTAT, Ahmedabad: Process of Segregation of Waste is Manufacture Activity(01.04.2022)

Customs, Excise and Service Tax Appellate Tribunal Ahmedabad has observed that the process of segregation of waste amounts to manufacturing activity, .....

Tags : Customs, Excise and Service Tax Appellate Tribunal, process of segregation, concessional Notification

Calcutta HC: Exemption Notification’s Eligibility is Question Relating to Rate of Duty(01.04.2022)

Calcutta High Court has dismissed an appeal on the ground of maintainability by holding that the question with regard to the eligibility of exemption .....

Tags : Calcutta High Court, Eligibility of Exemption Notification

Delhi HC: Mere Issuance of No Claim Certificate Does Not Ipso Facto Extinguish Claims(05.04.2022)

Delhi High Court has observed that a No Claim Certificate (NCC) shall be examined along with the covering letter and that mere issuance of the NCC by .....

Tags : Delhi High Court, Claim, No Claim Certificate

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

SC to Centre: Provide Details of the Qualification of the Members of Cheetah Task Force(29.03.2023)

Supreme Court in light of the death of female Cheetah ‘Sasha’, has asked Centre to place on record the details with regard to qualification and experi.....

Tags : Supreme Court, Cheetah Task Force, Qualification

MP HC Dismisses Application in Dacoity Case Seeking Custody of Recovered Stolen Cash(14.03.2022)

Madhya Pradesh High Court has dismissed an application moved by a Complainant in a dacoity case, seeking custody of the recovered stolen cash to the t.....

Tags : Madhya Pradesh High Court, Application in Dacoity Case

Allahabad HC: In Application for Discharge, Court Only to See Prima Facie Case Made Out(15.03.2022)

Allahabad High Court has reiterated that while dealing with an application for discharge under Section, the Court is required to only see whether a pr.....

Tags : Allahabad High Court, Application for Discharge

Gau. HC: Res Judicata Not Attracted if Previous Order of Foreigners Tribunal is Unreasoned(06.03.2023)

Gauhati High Court has held that principle of res judicata will not apply to subsequent proceeding before Foreigners Tribunal to determine whether a p.....

Tags : Gauhati High Court, Foreigners Tribunal, Res Judicata

HP HC: No Separate Reservation for All Sections of Society(10.03.2023)

Himachal Pradesh High Court while adjudicating upon the meaning and scope of ‘General Category’ has observed that General Category’ means ‘all’ and ‘r.....

Tags : Himachal Pradesh High Court, Reservation, General Category

Orissa HC: Can’t Expect GST Return Filing Without Commencement of Business(13.03.2023)

Orissa High Court while observing that license application should not be rejected only because a GST return has not been filed yet, has held that unle.....

Tags : Orissa High Court, GST Return, License Application

Chhattisgarh HC: 100% Reservation for Women is Unconstitutional(13.03.2023)

Chhattisgarh High Court has declared Note-2 under Schedule-III of Chhattisgarh Medical Education Service Recruitment Rules, 2013 & consequent advertis.....

Tags : Chhattisgarh High Court, Unconstitutional, Chhattisgarh Medical Education (Gazetted) Service Recruitment Rules

Delhi HC Issues Notice on PIL Seeking to Fill up Staff Vacancies in City Prisons(20.04.2022)

Delhi High Court has issued notice on a Public Interest Litigation seeking filling up of various staff vacancies in city prisons with those of Medical.....

Tags : Delhi High Court, Public Interest Litigation, Medical Officers, Welfare Officers, Counsellors, Teachers for Education, Yoga Teachers, Education Vocational Counsellors

Delhi HC: State Govt Can't Cause Impediment to Grant/ Refuse Recognition to Institutes(22.04.2022)

Delhi High Court has held that while it is for the National Council for Teacher Education (NCTE) to grant or refuse recognition to the institutes upon.....

Tags : Delhi High Court, National Council for Teacher Education, State Government

SC: Duty of Every Genuine Advocates to Ensure That the CoP and Degree are Duly Verified(11.04.2023)

Supreme Court while constituting a High-Powered Committee to oversee process of verification of degree certificates of advocates, has observed that it.....

Tags : Supreme Court, High Powered Committee, Advocates, Verification

Delhi HC Upholds Validity of Notifications Banning Manufacture & Sale of Chewing Tobacco Products(11.04.2023)

Delhi High Court while upholding notification of State banning manufacture & sale of chewing tobacco products and observed that though scheduled produ.....

Tags : Delhi High Court, COTPA, Notifications, Ban, Chewing Tobacco

Ker. HC: Family Court Must Fix Time Frame for Disposing Application for Time Bound Adjudication(12.04.2023)

Kerala High Court while observing that Family Courts can’t dispose application for time bound adjudication by stating ‘will be disposed of at the earl.....

Tags : Kerala High Court, Time Bound Adjudication, Time Frame

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

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

Tags : Application, Rejection, Legality

Section 12A of IBC does not debar entertaining of applications for withdrawal of CIRP even before constitution of CoC(28.03.2023)

The Appellant, a suspended Director of the Corporate Debtor has filed present appeal assailing the correctness of the order passed by the National Com.....

Tags : Withdrawal, CIRP, Application

Kingfisher Airlines to be represented by legal counsel before GRC(17.12.2015)

A borrower appearing before a Grievance Redressal Committee has the right to be represented by an advocate, the Delhi High Court has held. Proceedings.....

Tags : Kingfisher, willful defaulter, grc, advocate

When personal business interests of importers clash with public interest, the former has to give way to the latter(17.06.2021)

In present set of appeals, the Union of India and the authorities related with customs have questioned the orders dated 15th October, 2020 and 5th Jan.....

Tags : Import, Absolute confiscation, Penalty

Once it was undisputed that, the insurer is having an office at Delhi, the Tribunal ought to have entertained the claim(13.04.2023)

The present petition under Section 173 of the Motor Vehicles Act, 1988 preferred by the wife and the two minor sons of the deceased Sh. Krishna Kumar .....

Tags : Adjudication, Disputes, Jurisdiction

Government can refuse to make a reference only when the claim is found to be wholly frivolous(13.04.2023)

The present petition preferred by the workman under Article 226 of the Constitution of India, 1950 seeks quashing of the order passed by the Responden.....

Tags : Dispute, Adjudication, Reference

AP HC Seeks Response on Allocation of Amphotericin B Injections to Different States(29.06.2021)

Andhra Pradesh High Court has sought response of the Centre and the State Government on the matters concerning allocation of Amphotericin B Injections.....

Tags : Andhra Pradesh High Court, Allocation of Amphotericin B Injections

Calcutta HC Allows Applications Filed by WB Govt, CM Mamata Banerjee for Accepting Affidavits(30.06.2021)

Calcutta High Court has allowed the applications filed by State of West Bengal, Chief Minister Mamata Banerjee, and the State Law Minister Moloy Ghata.....

Tags : Calcutta High Court, Applications Filed by WB Govt, CM Mamata Banerjee

SC: Death Due to COVID Should be Specifically Mentioned in Death Certificate(01.07.2021)

Supreme Court has clarified that a death certificate issue in respect of a COVID fatality must clearly specify the cause of death as COVID itself. Als.....

Tags : Supreme Court, Death Certificate

Delhi HC: Failure to Supply of Legible Copies of Documents Renders Detention Order Illegal(03.05.2022)

Delhi High Court has observed that an order of detention passed by the Detaining Authority based on illegible copies of documents suffers from non-app.....

Tags : Delhi High Court, detention, Detaining Authority, illegible copies, non-application of mind

CESTAT, Delhi: Anti-Dumping Duty Paid After Validity of Notification is Refundable(05.05.2022)

Customs, Excise and Service Tax Appellate Tribunal, Delhi has ruled that the Anti-dumping duty paid after the expiry of the period mentioned in the co.....

Tags : Customs, Excise and Service Tax Appellate Tribunal, notification, importer, anti-dumping duty

Ker. HC: If Teacher is Convicted on Cr. Charge, Aided School Not Bound by Procedure for Dismissal(16.05.2023)

Kerala High Court has held that if a teacher in an aided school is convicted for a criminal charge, the school is not bound to follow the procedure of.....

Tags : Kerala High Court, Criminal Charge, Kerala Education Rules, Teacher, Dismissal

Acknowledgement of the debt for the purpose of extension of limitation has to be made during the period of three years(26.04.2023)

Present appeal is filed by the Suspended Director of the Corporate Debtor (D.P. Agro Mills Pvt. Ltd) against the order passed by the Adjudicating Auth.....

Tags : Time period, Application, Maintainability

Kerala HC: Education Loan Can’t be Rejected for Low CIBIL Score of Student(31.05.2023)

Kerala High Court has held that an application for education loan by a student could not be rejected by a bank on the ground of a low Credit Informati.....

Tags : Kerala High Court, Credit Information Bureau (India) Limited (CIBIL), Education Loan

Scholarship Scam: All. HC Grants Interim Anticipatory Bail to Hygia Educational Group's VP(31.05.2023)

Allahabad High Court has granted interim anticipatory bail to the accused Syed Ishrat Hussain Jafri, Vice President of the Hygia Educational Group on .....

Tags : Allahabad High Court, Hygia Educational Group, Syed Ishrat Hussain Jafri, Scholarship Scam

Delhi HC to BCI: Foreign Nationals Also Entitled To Seek Enrolment(31.05.2023)

Delhi High Court while observing that foreign nationals are not per se barred from being considered for enrolment on a State roll under Section 24 of .....

Tags : Delhi High Court, Foreign Nationals, Bar Council of India, Enrolment, Section 24 of the Advocates Act

Mad. HC: Punishing Person Without Proper Identification Directly Impinges Personal Liberty(01.06.2023)

Madras High Court while setting aside conviction of man charged for robbery has highlighted need for Test Identification Parade (TIP) and observed tha.....

Tags : Madras High Court, Test Identification Parade, Article 21 of the Constitution, Personal Liberty

Mad. HC: Punishing Person Without Proper Identification Directly Impinges Personal Liberty(01.06.2023)

Madras High Court while setting aside conviction of man charged for robbery has highlighted need for Test Identification Parade (TIP) and observed tha.....

Tags : Madras High Court, Test Identification Parade, Article 21 of the Constitution, Personal Liberty

NCLT has discretion to admit an application under Section 7 of IBC on existence of a financial debt, unless there are good reasons to reject it(11.05.2023)

The Respondent-Bank filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) before the National Company Law Tribunal. T.....

Tags : Financial debt, Application, Discretion

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

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

Tags : Default, Application, Rejection

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

Judge must discharge Accused, if on examination of record, there is no sufficient ground for proceeding against him(04.10.2017)

Present petition challenges impugned judgment passed by Additional Sessions Judge, thereby dismissing the same filed by the Petitioner against the ord.....

Tags : Application, Discharge, Grant

Mere recovery of currency note from an accused without proof of demand does not establish an offence under Prevention of Corruption Act(06.06.2023)

Present is an appeal under Section 374 of Code of Criminal Procedure, 1973 (CrPC) challenging the Judgment passed by learned Special Judge. Appellant .....

Tags : Illegal gratification, Conviction, Legality

Proceedings under Section 140(5) of Companies Act are maintainable even after the resignation of the auditors(03.05.2023)

In present appeals, common question of law pertaining to the interpretation of Section 140(5) of the Companies Act, 2013 and the Investigation Report .....

Tags : Application, Provisions, Applicability

Madras HC: Teachers Who Unqualified TET Cannot Continue Service in Schools(08.04.2022)

Madras High Court has observed that it is compulsory for the teachers, who did not possess the minimum qualification of pass in Teacher Eligibility Te.....

Tags : Madras High Court, Teacher Eligibility Test, Right to Education Act, 2009, nine years

Delhi HC: Transgender Person to Produce Gender Re-Assignment Certificate, Violates Article 21(12.04.2022)

Delhi High Court has held that the Passport Rules, 1980 as they require a Transgender person to produce Gender Re-assignment certificate Surgery, is p.....

Tags : Delhi High Court, Passport Rules, Transgender person, Gender Re-assignment certificate, Article 21 of the Constitution

Delhi HC: Transgender Person to Produce Gender Re-Assignment Certificate, Violates Article 21(12.04.2022)

Delhi High Court has held that the Passport Rules, 1980 as they require a Transgender person to produce Gender Re-assignment certificate Surgery, is p.....

Tags : Delhi High Court, Passport Rules, Transgender person, Gender Re-assignment certificate, Article 21 of the Constitution

Delhi HC: Medical Assessment & Rating Board Must Show Prima Facie Justification for Orders Passed(13.04.2022)

Delhi High Court has observed that the Medical Assessment & Rating Board (MARB) is an authority entrusted with an essential task of regulating medical.....

Tags : Delhi High Court, Medical Assessment & Rating Board, medical education, prima facie

Mad. HC to SBC: Take Actions Against Lawyers Issuing Fake Marriage Certificate(08.05.2023)

Madras High Court has asked State Bar Council (SBC) to initiate disciplinary action against the lawyers who are conducting marriages ceremonies all ov.....

Tags : Madras High Court, State Bar Council, Lawyers, Fake Certificates

Del HC: It Would Discourage Litigants if Court Fees Not Refunded for Unadjudicated Lis(09.05.2023)

Delhi High Court has observed that a litigant will be discouraged to seek justice when refused to get refund of court fee in an unajdudicated lis and .....

Tags : Delhi High Court, Court Fees, Unadjudicated Lis, Refund

Dismissal of application filed under Section 7, for default committed during the period prescribed under Section 10A, justifiable(03.05.2023)

Present Appeal has been filed against order by which order the Adjudicating Authority has rejected the Section 7 application filed by the Financial Cr.....

Tags : Provision, Application, Maintainability

Decision taken by the Government in relation to the economic policies is not ordinarily interfered by the Courts unless arbitrary(29.05.2023)

The instant writ petition under Article 226 of the Constitution of India has been filed by the Petitioner as a Public Interest Litigation (PIL) seekin.....

Tags : RBI Notification, Banknotes, Exchange

Scope of rectification under Section 254(2) of the IT Act is limited to rectify the mistakes and it is not permissible to review the decision taken by the Tribunal(20.07.2022)

By present Miscellaneous Application, the Assessee is seeking rectification of the mistake alleged to have crept in the order of the Tribunal.

Tags : Mistake, Rectification, Allowability

There cannot be a static parameter for correct classification, due importance be given to the functional utility, design, shape and predominant usage(16.08.2023)

The Petitioner has instituted present writ petition under Article 226 of the Constitution of India through its Partner praying for quashing and settin.....

Tags : Products, Classification, Duty drawback

Guj. HC: Can't Refuse Issue of Birth Cert. in Adoptive Father's Name if Adoption Not Challenged(27.06.2022)

Gujarat High Court has held that a Registrar under the Births and Deaths Registration Act is bound to issue certificate in the name of adoptive father.....

Tags : Gujarat High Court, Birth Certificate, Adoption

DGFT Issues Clarification on Chip Import Monitoring System(28.06.2022)

Director-General of Foreign Trade (DGFT) vide Policy Circular No. 40/2015-2020 dated 27th June, 2022 has issued clarification regarding Chip Import Mo.....

Tags : DGFT, Policy Circular, Clarification

SC Extends Time for Rebel Shiv Sena MLAs to Respond to Dy. Speaker's Disqualification Notice(28.06.2022)

Supreme Court has extended the time for Eknath Shinde and 15 other rebel MLAs in the Maharashtra State Legislative Assembly, to file written response .....

Tags : Supreme Court, Dy. Speaker's Disqualification Notice, Rebel MLA

CESTAT: No Penalty on Confiscated Gold Bar in The Presence of Cogent Evidence(29.06.2022)

Customs, Excise, and Service Tax Appellate Tribunal (CESTAT), Delhi bench has held that no penalty arises on a confiscated gold bar in the presence of.....

Tags : CESTAT, Confiscated, Cogent Evidence

CESTAT: Floor Limits of Bond & Bank Guarantee for Provisional Release of Confiscated Goods Reduced(29.06.2022)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Mumbai Bench has reduced floor limits of bond and bank guarantee prescribed for allowing .....

Tags : CESTAT, Floor Limit, Confiscated Goods

J&K&L HC Grants Rs. 5 Lakh Compensation to Reserved Category Candidate Denied Seat in NEET MDS 2021(30.06.2022)

Jammu and Kashmir and Ladakh High Court has ordered the Board of Professional Entrance Examination to grant Rs. 5 lakh compensation to a medical aspir.....

Tags : Jammu and Kashmir and Ladakh High Court, Children of Defence Personal/ Military Forces category, NEET-MDS 2021

Kar HC: Educational Institutions Must Recognize & Reconsider Malady of Harsh Disciplinary Actions(28.06.2023)

Karnataka High Court while observing that harsh discipline is closely linked to internalizing mental problems of a child and lowering the child’s cogn.....

Tags : Karnataka High Court, Educational Institutions, Harsh Disciplinary Actions

Litigation in the SARFAESI and DRT does not preclude the Bank to take specific remedy provided under Section 7 of IBC(31.08.2023)

Present Appeal has been filed against the order passed by the Adjudicating Authority (National Company Law Tribunal) Indore Bench, by which Applicatio.....

Tags : Settlement, Application, Provision

Kerala HC Dismisses Plea for Publication of Lakshadweep Draft Regulations in Vernacular Languages(29.07.2021)

Kerala High Court has dismissed the petition seeking directions to the Lakshadweep Administration to publish its draft Regulations in the vernacular l.....

Tags : Kerala High Court, Publication of Lakshadweep Draft Regulations

Kar. HC: Communication Between 2 People Without Being Referred to Other Departments Not Defamation(16.06.2022)

Karnataka High Court has held that a pure official communication between two people, without it being referred to any other department cannot become t.....

Tags : Karnataka High Court, Official Communication, Defamation

Bombay HC to AG: Visit Prisons in The State And Submit Report(21.06.2022)

Bombay High Court has directed the State Advocate General (AG) to visit prisons in the state to gauge the situation and facilities in prisons and subm.....

Tags : Bombay High Court, Advocate General, Prison

CESTAT: Assessee Entitled to Refund of Unutilized Education And Krishi Kalyan Cess in CENVAT Account(23.06.2022)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Chennai has held that the assessee is entitled to a refund of education cess and Krishi K.....

Tags : CESTAT, CENVAT, Education Cess, Krishi Kalyan Cess

Chhattisgarh HC Grants Bail to Person Accused of Fabrication of GST Portal And E-Way Bills(24.06.2022)

Chhattisgarh High Court has granted bail to a person allegedly committed the offense of fabrication of GST portal and e-way bills. The bail was grante.....

Tags : Chhattisgarh High Court, Bail, Fabrication

All. HC Stays Judgment that Read Down Regulation 40 (?) of U.P Intermediate Education Act(19.07.2023)

Allahabad High Court has stayed operation of May 2023 single judge judgment that read down Regulation 40(?) of Uttar Pradesh Intermediate Education Ac.....

Tags : Allahabad High Court, Intermediate Education Act, Stayed, Arbitrary

Exemption being the creation of the statute itself, has to be construed strictly(09.10.2023)

The point that arises for consideration is whether "tinted glass sheets" manufactured by the Appellants is liable to be taxed as "goods or wares made .....

Tags : Product, Classification, Exemption

Del HC: Consider Lower Side on Margin of Error if Ossification Test Opines Victim is b/w 15-17 Yrs(17.05.2023)

Delhi High Court while referring to Jarnail Singh v. State of Haryana (MANU/SC/0626/2013) has held that for determining age of a child victim under PO.....

Tags : Delhi High Court, POCSO Act, Bone Ossification Test

Del. HC: Application for Drawing Sample U/S 52A of NDPS Act Should Be Made Within 72 Hours(19.05.2023)

Delhi High Court has observed that application for drawing sample of drug or psychotropic substance under Section 52A of NDPS Act must be made within .....

Tags : Delhi High Court, NDPS Act, Sample, Application

Allahabad HC Denies Bail to Advocate Accused of Raping Client(22.05.2023)

Allahabad High Court has denied bail to an advocate accused of repeatedly making physical relationships with his client, against her wishes after thre.....

Tags : Allahabad High Court, Bail, Advocate

SC: Only Instructing Counsel Can Make Mentionings Before Vacation Bench(24.05.2023)

Supreme Court while refusing to permit Senior Advocate Mukul Rohatgi to mention a matter before it, has observed that as per vacation bench norms, onl.....

Tags : Supreme Court, Vacation Bench, Instructing Counsel, Senior Counsel

Del. HC: Arms License Can’t be Claimed as a Right by Advocates Appearing on Criminal Side(25.05.2023)

Delhi High Court has observed that application by an advocate merely based on the ground of appearance on the criminal side for an accused/prosecution.....

Tags : Delhi High Court, Arms License, Advocates

Ker. HC: Not Proper to Arrest Accused Before Verifying if Any Interim Order Subsits in Bail Plea(25.05.2023)

Kerala High Court has observed that it is not proper on the part of the Police Officer to arrest an accused, without verifying from the office of the .....

Tags : Kerala High Court, Arrest, Bail Application, Interim Order, Verify

Exemption notification has to be interpreted by taking into consideration the language of the notification which has to be given its due effect(21.12.2023)

The Respondent is engaged in the manufacture of Ferro Silicon, Calcium with Carbide and Ferro Chrome. They requested that they intend to avail the ben.....

Tags : Notification, Benefit, Legality

SC: Not Prudent to Convict Accused Without Test Identification Parade(13.07.2022)

Supreme Court has held that it would not be prudent to convict an accused solely on the basis of their identification for the first time in court, wit.....

Tags : Supreme Court, Test Identification Parade, Convict

Delhi HC: Classification Based on Mode of Recruitment, Qualification & Merit Not Unreasonable(13.07.2022)

Delhi High Court has held that there is no absolute application of the principle “Equal Pay for Equal Work” by default, and organizations/government h.....

Tags : Delhi High Court, Classification, Equal Pay for Equal Work

AP HC Increases Tentative Fees of Medical Education by 10% for 2023-24(31.07.2023)

Andhra Pradesh High Court while considering the factor of inflation, has enhanced the tentative fee for medical education for the present academic yea.....

Tags : Andhra Pradesh High Court, Medical Education, Tentative Fees

HP HC Strikes Down the Requirement of ‘Bonafide Himachali Certificate’ for Compassionate Appointment(31.07.2023)

Himachal Pradesh High Court has struck down the requirement of furnishing a 'Bonafide Himachali Certificate' for obtaining compassionate appointment a.....

Tags : Himachal Pradesh High Court, Bonafide Himachali Certificate, Compassionate Appointment

Mad. HC: Advocate is Entitled to Take Action Against Litigant for Harassing Them Over Court Queries(01.08.2023)

Madras High Court while observing that Court queries are for the benefit of litigants and queries don’t indicate Court’s order, has held that any advo.....

Tags : Madras High Court, Advocate, Litigant, Harassment

SC: Res Judicata Applicable Only on Fundamental Determinations and not Incidental Findings(03.08.2023)

Supreme Court has held that only determinations which are fundamental would result in the application of the doctrine of res judicata, and no incident.....

Tags : Supreme Court, Res Judicata, Fundamental Determinations

As per Article 300A of the Constitution, no one shall be deprived of his property except in accordance with law.(20.11.2023)

The present revision has been filed challenging the order whereby the motorcycle of the revisionist has been confiscated on the ground that on inspect.....

Tags : Confiscation, Article 300A, Legislature

Any classification should be based on the description and function of an item as it is imported and not on its end-use(30.11.2023)

The Respondent Larsen and Toubro Ltd. imported G-24 PL 001 GSM Chipset Wavecom (modem) vide Bill of Entry No.2120004 dated 02.09.2009, classifying the.....

Tags : Explanatory Notes, Product, Classification

Kerala HC Stays Order Granting Bail to Activist Civic Chandran in Sexual Harassment Case(24.08.2022)

Kerala High Court while staying order granting bail to activist Civic Chandran, has held that lower Court’s observation under Section 354A of Indian P.....

Tags : Kerala High Court, Sexual Harassment, Sexually Provocative Dress

Delhi HC: Citizens' Right to Establish Educational Institution Can be Restricted Only by Legislation(25.08.2022)

Delhi High Court while accepting argument that citizen can’t be deprived of right to establish educational institution unless legislature impose reaso.....

Tags : Delhi High Court, Educational Institute, Legislation

SC: Writ Petition Raising Service Disputes Not Maintainable Against Pvt. Educational Institution(25.08.2022)

Supreme Court has held that a writ petition raising service disputes against private educational institutions are not maintainable, if they are not go.....

Tags : Supreme Court, Service, Private Educational Institutions

Uttarakhand HC: Anticipatory Bail Pleas Allowed for Category A Offences as per Satender Antil Case(28.08.2023)

Uttarakhand High Court has by 2:1 majority held that Satender Kumar Antil v. CBI (MANU/SC/0851/2022) doesn’t mention that anticipatory bail applicatio.....

Tags : Uttarakhand High Court, Anticipatory Bail, Category A

Tel. HC to State: Submit Affidavit on Anti-Ragging Measures Enforced in Educational Institutions(29.08.2023)

Telangana High Court has directed State Government to submit a report stating the Anti-Ragging measures undertaken to curb ragging in school and colle.....

Tags : Telangana High Court, Anti-Ragging Measures, Educational Institutions

SC: Advocate Acting as Real-Estate Agent for Client Amounts to Professional Misconduct(04.09.2023)

Supreme Court while upholding BCI Penalty to suspend an advocate for 5 years for gross professional misconduct, has held that advocate acting as a Rea.....

Tags : Supreme Court, Bar Council of India, Advocate, Professional Misconduct

Writ Petition is not maintainable as Respondent is not a creature of a statute and there are no statutory duties or obligations imposed on the Respondent(29.04.2019)

In facts of present case, an advertisement was issued by the Respondent inviting applications for appointment to posts of clerical cadre (Clerk-III) i.....

Tags : Selection process, Disqualification, Legality

Expert opinion cannot be used as a conclusive proof and is only corroborative in nature(16.02.2024)

The issue that arises for consideration is whether the imported goods viz. '14 sets of Plastic Injection Moulds' are eligible for the benefit of Notif.....

Tags : Notification, Exemption, Entitlement

Supreme Court Permits OCI Candidates To Appear For Counselling In General Category For 2021-22(01.10.2021)

Supreme Court has passed an interim order allowing Overseas Citizens of India(OCI) candidates to participate for the NEET-UG counselling in the genera.....

Tags : Supreme Court, Counselling In General Category

Allahabad HC Dismisses PIL Challenging Government Order To Issue Caste Certificate In English(04.10.2021)

Allahabad High Court has dismissed a Public Interest Litigation (PIL) petition challenging the Government's order allowing for the issuance of the cas.....

Tags : Issuance of Caste Certificate

Madras HC Grants Permission to SEC to Withdraw Notification Holding Local Body Polls(06.10.2021)

Madras High Court has granted permission to the Puducherry State Election Commission (SEC) to withdraw a notification issued by it for holding local b.....

Tags : Madras High Court, Notification Holding Local Body Polls

Ker. HC: Government Which Claims to be Progressive Can't Deny EWS Benefits to Non-Religious Persons(16.08.2022)

Kerala High Court has directed the State to expeditiously frame a policy to issue community certificates to persons belonging to the non-religious cat.....

Tags : Kerala High Court, Non-Religious Category, EWS

Kerala Court: Sexual Harassment Not Prima Facie When Woman Was Wearing Sexually Provocative Dress(17.08.2022)

Kerala Court while granting anticipatory bail to accused in sexual harassment case, has held that offence under Section 354A of the Indian Penal Code .....

Tags : Kerala Court, Sexual Harassment, Sexually Provocative Dress

Ker. HC: Baptism Certificate Doesn’t Have Primacy Over Official Government Documents(13.09.2023)

Kerala High Court has held that a baptism certificate is issued by the Church to record the baptism of a person and no primacy can be accorded to bapt.....

Tags : Kerala High Court, Baptism Certificate, Government Documents

Power under Article 227 of the Constitution is intended to be used only in appropriate cases and not for correcting mere errors(04.03.2024)

The present petition has been filed under Article 227 of the Constitution of India, impugning the order passed by Trial Court whereby the Learned Tria.....

Tags : Demarcation, Direction, Legality

SC: Plea of Res Judicata Can Be Determined as Preliminary Issue(24.09.2021)

Supreme Court observed that plea of res judicata can be determined as a preliminary issue only when it only involves adjudication of question of law. .....

Tags : Supreme Court, Plea of Res Judicata

Supreme Court Directs States/UTs to Accept E-Authenticated Copies of Orders(24.09.2021)

Supreme Court has approved the use of an electronic system named FASTER (Fast and Secured Transmission of Electronic Records) for transmission of e-au.....

Tags : Supreme Court, Accept E-Authenticated Copies of Orders

Madras HC: All Schools Must Have Playgrounds as Sports & Physical Activities Integral to Education(02.09.2022)

Madras High Court while disposing a petition seeking guidelines for proper instruction of physical education in schools has directed State to constitu.....

Tags : Madras High Court, Physical Education, School

SC: Inter Departmental Communications Cannot be Relied Upon as a Basis to Claim Any Right(05.09.2022)

Supreme Court while observing that inter-departmental communications can’t be relied upon as basis to claim any right has held that before something a.....

Tags : Supreme Court, Inter Departmental Communication, Right

SC: SEBI Circular on Standardisation of Procedure for Debenture Trustees Has Retroactive Application(05.09.2022)

Supreme Court has allowed retroactive application of SEBI Circular on Standardisation of procedure to be followed by Debenture Trustee(s) in case of d.....

Tags : Supreme Court, SEBI, Retrospective Application

Del. HC Upholds Order Staying Circular Mandating Aadhar Card for School Admission under EWS Category(21.09.2023)

Delhi High Court has upheld single judge order that stayed State’s circular mandating Aadhaar card of a child for online admission process in a privat.....

Tags : Delhi High Court, EWS Category, Admission, Private School

Assessee cannot be denied the benefit of alternate notification, when it is eligible at the time of import of the goods(08.04.2024)

In the facts of present case, the Appellant exported leather shoes under claim of drawback. These goods were returned by the foreign buyer for the pur.....

Tags : Benefit, Notification, Eligibility

Transaction value has to be accepted unless there are compelling reasons to reject the same(27.06.2024)

The Appellantfiled a Bill of Entry No.8730452 dated 11th December, 2012 for clearance of different items such as laminators, wire binding machines, pa.....

Tags : Valuation, Confiscation, Penalty

Operation of a statute could not be curbed by private action of parties(06.08.2024)

The Petitioner is a company, which claims to be a 'small' enterprise under Section 2(m) of the Micro, Small and Medium Enterprises Development Act, 20.....

Tags : Arbitrator, Appointment, Notification

Separate prosecution for offence under Customs Act for smuggling of gold and offence under Section 16 of UAPA maintainable(01.02.2021)

The petitioners have filed this petition under Section 483 of Criminal Procedure Code, 1973 (Cr.P.C.) for quashing of FIR filed under Section 16 of Un.....

Tags : Bail Application, Nature of offence

In the absence of a provision of review in the IBC, inherent powers provided under Rule 11 of the NCLAT Rules cannot be invoked for the purpose of filing a Review Application(21.02.2023)

The Appellant/Applicant filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) against the Respondent for initiation o.....

Tags : Application, Review, Maintainability

Delhi HC: Advocate Can't Be Both Power of Attorney Holder of Client and His Counsel(23.11.2021)

Delhi High Court has observed that the practice of advocates acting as power of attorney holders of their clients and also as advocates in the matter,.....

Tags : Delhi High Court, Advocate

Kerala High Court Admits Plea Challenging Photograph of PM on Vaccine Certificate(24.11.2021)

Kerala High Court has admitted the plea challenging the photograph of Prime Minister Narendra Modi being affixed on the vaccination certificates issue.....

Tags : Kerala High Court, Photograph of PM on Vaccine Certificate

Delhi Court Dismisses Plea Claiming Right Over Entire South Delhi(21.09.2022)

Delhi Court has dismissed an intervention application filed by one Kunwar Mahendra Dhwaj Prasad Singh seeking right over the territories running betwe.....

Tags : Delhi Court, South Delhi, Intervention Application

Kerala HC Extends Stay on Transfer of Sessions Judge Who Passed 'Provocative Dress' Order(26.09.2022)

Kerala High Court has extended its stay on the transfer of Principle District and Sessions Judge, Kozhikode, S. Krishna Kumar, who had passed the cont.....

Tags : Kerala High Court, Transfer, Provocative Dress

SC to Maharashtra Speaker: Decide Disqualification Petitions by Dec. 31(31.10.2023)

Supreme Court has directed Maharashtra Legislative Assembly Speaker to decide the disqualification petitions filed in relation to Shiv Sena rift by De.....

Tags : Supreme Court, Disqualification Petitions, Shiv Sena

SC: Accused Must Also be Protected Against the Possibility of False Implication(01.11.2023)

Supreme Court while acquitting a man after 23 in a rape case has observed that it cannot be lost sight of that rape causes the greatest distress and h.....

Tags : Supreme Court, False Implication, Rape Case

SC to Centre: Adoption Process is Tedious in India(08.08.2022)

Supreme Court in a petition seeking simplification of adoption process in India, has held that the process of adoption in India is indeed cumbersome a.....

Tags : Supreme Court, Adoption Process, Simplification

Mad. HC: State Can Impose Cap on Minority Student Intake in Minority Educational Institution(03.10.2023)

Madras High Court while observing that reservation for SC/ST or OBC would not apply to Minority Institutions, has held that State Government would be .....

Tags : Madras High Court, Minority Educational Institution, Reservation

SC: Bail Condition Requiring Accused to Share Google Location to IO Violates Right to Privacy(04.10.2023)

Supreme Court while hearing a challenge against bail granted by High Court in PMLA case, has orally remarked that bail condition requiring accused to .....

Tags : Supreme Court, Right to Privacy, Location

Bom HC: Bone Ossification Test Required Only When Victim’s Age is Border Line with Majority Age(05.10.2023)

Bombay High Court while observing that the question of the ossification test comes when the girl is on the borderline, has held that the testimony of .....

Tags : Bombay High Court, Bone Ossification Test, Age

JKL HC to State: Provide Recommendations Regarding Mandate of Sex Education in Schools(09.10.2023)

Jammu and Kashmir and Ladakh High Court has sought recommendations from the State Government on specialized curriculum focusing on child protection, m.....

Tags : Jammu and Kashmir and Ladakh High Court, Sex Education, Curriculum

SC Stays Retrospective Application of Provision Enabling the Transfer of Teachers(12.10.2023)

Supreme Court has restricted the retrospective application of Section 10C of West Bengal School Service Commission Act, 1997 that enables the State Go.....

Tags : Supreme Court, Retrospective Application, Teachers, Transfer

Fresh period of limitation shall be computed from the time when the acknowledgment is signed(12.09.2023)

Present appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016, has been filed assailing the correctness of judgment and order of Nationa.....

Tags : Application, Admission, Delay

Pure question of law can be urged at any point of time before any forum provided it does not require any further adjudication of any disputed fact(18.05.2018)

The Petitioners have primarily challenged the Notification, dated January 8, 2011, issued by the Ministry of Labour and Employment applying the Employ.....

Tags : Publication, Notification, Applicability

Certification as Scheduled Caste by becoming 'resident' does not give benefit of reservation in education(13.08.2015)

The Court held that merely by residing in a Union Territory to become 'resident', an immigrant from another State cannot gain benefits from a Presiden.....

Tags : Scheduled caste, resident, education, reservation

Fresh intake of students allowed in medical colleges seeking renewal of permission to set up new college or increase seats(20.08.2015)

The Supreme Court held that though it was for the Central Government to extend or modify time limits under the Establishment of Medical College Regula.....

Tags : Education, medical, seats, renewal, deadline

Telangana and AP High Court upholds amendments to mining law(11.09.2015)

The Telangana and Andhra Pradesh High Court rejected petitions that the Mines and Minerals (Development and Regulation) Amendment Act, 2015 was unreas.....

Tags : Mining, application, eligibility, constitutionality

CCI objects to Kerala Chemists and Druggists Association practices(01.12.2015)

The Competition Commission of India found Alkem Laboratories and All Kerala Chemists and Druggists Association guilty of violating provisions under Se.....

Tags : No objection certificate, kerala, alkem, chemists

Lower eligibility limit for OBC student applying to M. Phil Programme ordered(19.01.2016)

Jawaharlal Nehru University’s policy of requiring OBC students meeting the same threshold to qualify for its M. Phil Programme as general category stu.....

Tags : Higher education, reservation, obc, eligibility

Gujarat government ordered to sensitize people on Right to Free Education(18.01.2016)

Gujarat High Court directed the State Government to give wide publication of the rights provided under the Right of Children to Free and Compulsory Ed.....

Tags : Right to education, grievance redressal, public knowledge

Madras HC: Isha Foundation's Yoga Centre is Educational Institution(10.11.2022)

Madras High Court has held that Isha Foundation would come within the purview of Educational Institutions as per clarification issued by Central Gover.....

Tags : Madras High Court, Isha Foundation, Educational Institution

J&K&L HC: Certificate of Payment of Interest Not Required if Employer Appeal Against Composite Award(11.11.2022)

Jammu and Kashmir and Ladakh High Court has held that certificate of payment is not required if an employer prefers to question the award of interest .....

Tags : Jammu and Kashmir and Ladakh High Court, Certificate, Employer

SC: Evidence of TIP Inadmissible if Suspects Were Shown to Witnesses Before Identification(14.11.2022)

Supreme Court has held that evidence of Test Identification Parade (TIP) is inadmissible if the suspects were shown to the witnesses before the identi.....

Tags : Supreme Court, Evidence, Test Identification Parade

SC Waives Requirement of Solvency Certificate for Gautam Navlakha to Avail House Arrest(16.11.2022)

Supreme Court has waived the condition to obtain a solvency certificate for availing the benefit of house arrest for Gautam Navlakha, who is lodged in.....

Tags : Supreme Court, Solvency Certificate, House Arrest

Bom. HC to State: Formulate Guidelines for Conducting Test Identification Parades(21.12.2023)

Bombay High Court has directed the State to formulate suitable guidelines to be adhered to while conducting a Test Identification parade in cases attr.....

Tags : Bombay High Court, Test Identification Parades, Guidelines

AP HC: Even if the Railway Vigilance Manual Is Procedural, it Can’t be Ignored Completely(22.12.2023)

Andhra Pradesh High Court has held that although the Railway Vigilance Manual, 1996 is procedural and doesn’t confer any rights to the delinquent, it .....

Tags : Andhra Pradesh High Court, Railway Vigilance Manual, False Implications

Kerala HC Directs CBI Investigation Into Scam Involving Misappropriation from Advocates Welfare Fund(29.12.2021)

Kerala High Court directed a CBI investigation into a scam involving misappropriation of over Rs. 7.5 crores from the Kerala Advocates Welfare Fund. T.....

Tags : Kerala High Court, Scam Involving Misappropriation from Advocates Welfare Fund

Delhi HC Refuses to Interfere with Plea on JNU Failure to Accept Application for PhD in Hindi(30.12.2021)

Delhi High Court has refused to interfere with a plea of a candidate who claimed that Jawaharlal Nehru University has not invited any applications for.....

Tags : Delhi High Court, Failure to Accept Application for PhD

Gujarat HC to State: Stray Cattle Menace Has Gone Out of Proportion in The State(21.12.2022)

Gujarat High Court while observing that stray cattle menace in the State has gone out of control and proportion, has directed State to take action to .....

Tags : Gujarat High Court, Stay Cattle, Menace

Ker. HC: Teaching Experience Can be One That is Gained After Acquiring Essential PG Qualification(23.12.2022)

Kerala High Court has held that teaching experience of ten years mentioned Special Rules in force for promotion for the post of Professor is one that .....

Tags : Kerala High Court, Teaching Experience, PG Qualification, Professor

Madras HC: Can’t Grant Reservation to Women for Senior Advocate Designation(26.12.2022)

Madras High Court while observing that Senior Advocate is a privilege conferred upon such a lawyer based on merit and not a post which a lawyer can cl.....

Tags : Madras High Court, Senior Advocate, Reservation

MP HC: Reg. Mandating Students to Opt Same Subjects in Classes XI & XII Has No Retrospective Appl.(06.02.2024)

Madhya Pradesh High Court while allowing a student to appear for examinations in the Biology stream of Class XII instead of Mathematics has held that .....

Tags : Madhya Pradesh High Court, Retrospective Application, Madhya Pradesh Board of Secondary Education

Ker. HC: Prisoner has Same Right to Study as Person Outside Jail(07.11.2023)

Kerala High Court while observing that a prisoner has as much a right to pursue study as a person free from the confines of jail, has held that ensuri.....

Tags : Kerala High Court, Education, Prisoner

SC: Certificate to Prove Electronic Evidence can be Produced at Any Stage of the Trial(08.11.2023)

Supreme Court has held that a certificate under Section 65-B of Indian Evidence Act, to prove electronic evidence, can be produced at any stage of tri.....

Tags : Supreme Court, Electronic Evidence, Certificate, Trial

Ker. HC: Reservation Under CEI (Reservation & Admission) Act Applies to IIMs(10.11.2023)

Kerala High Court has held that Indian Institute of Management (IIM), Kozhikode would have to follow the reservation policy stipulated under the Centr.....

Tags : Kerala High Court, Indian Institute of Management, Central Educational Institutions (Reservation and Admission) Act

Orissa High Court to State: Use Facial Biometrics to Identify ATM Users, Deter Criminal Activities(10.11.2023)

Orissa High Court has directed the State to have discussion with all bank authorities to install ‘facial biometric identification systems’ at all Auto.....

Tags : Orissa High Court, facial biometric identification systems, Automated Teller Machines, ATM

Ker. HC: Mere Uploading of Appln. u/s 96 IBC Can’t be Considered as Filing(20.11.2023)

Kerala High Court has held that only when an application under Section 96 of IBC is filed without any defects and satisfying the statutory procedural .....

Tags : Kerala High Court, Application, IBC

MP HC: Rejection of Application to Donate Kidney to Ailing Son Not Sustainable(17.02.2022)

Madhya Pradesh High Court has held that the rejection of an application, moved by the Petitioner/mother to donate her kidney to her ailing son, by the.....

Tags : Madhya Pradesh High Court, Application to Donate Kidney

Kerala High Court Asks State to Put Hold on Its Proposal to Amend Advocate Fee Rule(21.02.2022)

Kerala High Court has decided to request the State government hold off on its proposal to amend the Kerala Advocate Fee Rule till the Court's Rule Com.....

Tags : Kerala High Court, Proposal to Amend Advocate Fee Rule

NCLAT: Penalty Can Only be Under IBC Code and Not Companies Act Before Adjudicating Authority(22.02.2022)

National Company Appellate Law Tribunal has held that when proceedings before the Adjudicating Authority are being carried out under the Insolvency an.....

Tags : National Company Appellate Law Tribunal, Proceedings Before Adjudicating Authority

ITAT, Mumbai: AOP Running Educational Institution Eligible For Exemption(22.02.2022)

Income Tax Appellate Tribunal, Mumbai has ruled that an unregistered Association of Persons (AOP), formed by an agreement merging two charitable Trust.....

Tags : Income Tax Appellate Tribunal, AOP Running Educational Institution

SC Bifurcates Petitions in Electoral Bonds Case in Three Sets, to Hear Each Set Separately(01.02.2023)

Supreme Court has bifurcated the batch of petitions concerning the Electoral Bonds scheme into three distinct sets and decided to hear them separately.....

Tags : Supreme Court, Electoral Bonds, Bifurcated

Raj. HC: Restrain on Deemed Universities From Offering Distance Programs Under UGC Regulations(19.02.2024)

Rajasthan High Court has restated the application of notices, circulars and guidelines issued by University Grants Commission (UGC) and Distance Educa.....

Tags : Rajasthan High Court, University Grants Commission, Distance Education Counsel

Late submission of OBC certificate to not be overlooked in ‘pedantic’ manner(24.02.2016)

A candidate appearing in an examination under the OBC category remains eligible for selection to the post advertised, despite not submitting the OBC c.....

Tags : Reservation, certificate, provisional list, selection

Legal Services Committee cannot set up ‘Temporary Lok Adalats’(17.02.2016)

A Sub Divisional Legal Services Committee cannot form a ‘Temporary Lok Adalat’ under the Legal Services Authorities Act, 1987. The High Court noted th.....

Tags : Legal services committee, lok adalat, adjudication

APEDA’s basmati victory turns out hollow(05.02.2016)

Madras High Court directed the Agricultural and Processed Food Products Export Development Authority to not take action against Basmati rice farmers i.....

Tags : Ipr, geographical indications, basmati

Court cleans up pre-natal sex determination legislation(17.02.2016)

Section 2(p) of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 defining a Sonologist or Imaging Speci.....

Tags : Pre-natal, sex determination, ultrasound, qualifications

Del HC: Denial of Caste Certificate on Basis of Single Mother’s Certificate is Policy Discrimination(24.11.2022)

Delhi High Court has held that the denial of caste certificate to the children of single mothers, belonging to other backward class (OBC) on the basis.....

Tags : Delhi High Court, Caste Certificate, Policy Discrimination

Delhi HC Sets Aside Life Sentence of Accused 18 Years After Murder Conviction(28.11.2022)

Delhi High Court has set aside the life sentence of a murder convict after he took the plea of juvenility during the pendency of his appeal, as ossifi.....

Tags : Delhi High Court, Ossification Test, Life Sentence

SC: Application to Sue as Indigent Can Be Rejected if Suit is Barred by Res Judicata(05.12.2022)

Supreme Court has held that an application to sue as indigent under Order XXXIII Rule 1 of Code of Civil Procedure can be rejected if it is found that.....

Tags : Supreme Court, Res Judicata, Indigent

Calcutta HC: Cannot Excommunicate Person from Community Due to Matrimonial Dispute in Family(24.01.2024)

Calcutta High Court while setting aside an order of excommunication of person from Sikh Community has held that excommunication due of matrimonial dis.....

Tags : Calcutta High Court, Excommunicate, Matrimonial Dispute, Article 21 of Constitution of India

SC: Property Tax for ‘Business Building’ Not Applicable on Advocate’s Office Run From Residence(29.01.2024)

SC has held that advocate's office run from residential building is not subject to property tax under Delhi Municipal Corporation Act, 1957 as a "bus.....

Tags : Supreme Court, Property Tax, Advocate’s Office, Delhi Municipal Corporation Act

Delhi HC: Unfilled EWS or DG Vacancies Carried Forward in Subsequent Year Doesn’t Violate RTE Act(30.01.2024)

Delhi High Court has held that that carrying forward of unfilled Economically Weaker Section (EWS) or Disadvantaged Groups (DG) vacancies by a school .....

Tags : Delhi High Court, Economically Weaker Section, Disadvantaged Groups, Right to Education

Purpose of import can be gathered from actual use, Supreme Court held that, Show cause notice not time barred as issued soon after the information gathered(08.08.2016)

As soon as information was gathered by DRI, show cause notice was issued. Therefore, Supreme Court opined that, show cause notice had been issued with.....

Tags : Notifications, Exemptions, Entitlement

SC: Educational Trusts For Profit Cannot Claim Income Tax Exemption(20.10.2022)

Supreme Court has said profit-oriented educational trusts or societies cannot claim exemption under the Income Tax Act. The court said that such educa.....

Tags : Supreme Court, education, educational trusts

Del HC: For Arrest Made Before ‘Pankaj Bansal’ Oral Communication of Grounds is Proper Compliance(09.01.2024)

Delhi High Court has held that if grounds of arrest have been communicated orally to the accused then it is a proper compliance of Section 19(1) of PM.....

Tags : Delhi High Court, Arrest, Communicated Orally, PMLA

Del. HC: Opponent Does Not Have a Right to Intervene in the Examination Process(11.01.2024)

Delhi High Court while observing that an objection is intended to facilitate and assist the Controller in examining the patent application, has held t.....

Tags : Delhi High Court, Examination, Patent Application

Del HC: Admission Can’t be Denied if DoE is Satisfied that Child is Entitled to Admission Under EWS(11.01.2024)

Delhi High Court has held that if the Directorate of Education (DoE) is satisfied that the child is entitled to preferential admission under the Econo.....

Tags : Delhi High Court, Admission, Directorate of Education, EWS

Mad. HC: English Not a Mandatory Subject to Get Eligibility Certificate From NMC(18.01.2024)

Madras High Court while directing National Medical Commission (NMC) to grant an eligibility certificate to a Foreign Medical Graduate, has held that n.....

Tags : Madras High Court, Eligibility Certificate, National Medical Commission

Kar. HC: RERA Has No Authority Over Projects Granted Partial OC Prior to Enforcement of Act(05.01.2023)

Karnataka High Court has held that due to issuance of occupancy certificate (OC) prior to enforcement of Act, the project loses its character, as an o.....

Tags : Karnataka High Court, Occupancy Certificate, RERA, Jurisdiction, Ongoing Project

SC Sets Aside NCLAT’s Order Impeding Implementation of SC Order(06.01.2023)

Supreme Court while deprecating and setting aside a status quo order passed by NCLAT Delhi which impeded the implementation of an order passed by the .....

Tags : Supreme Court, NCLAT, Contempt, Deprecates

AP HC: Can't Appointed Advocate Commissioner to Collect Evidence for Parties(09.01.2023)

Andhra Pradesh High Court while observing that local investigation is best way to find out possession when there is dispute regarding identity of prop.....

Tags : Andhra Pradesh High Court, Advocate Commissioner, Property

Del. HC: Irish Company Providing Services to its Indian Counterpart Not Technical Services(15.03.2024)

Delhi High Court while quashing the order that denied zero or lower TDS certificate, has held that an Irish company providing services to its Indian c.....

Tags : Delhi High Court, TDS certificate, Technical Services

Supreme Court: Prosecution Witness Identifying Accused at Police Station Not Proper TIP(18.03.2024)

Supreme Court while acquitting the accused, has held that the process of prosecution witness identifying accused persons at the police station cannot .....

Tags : Supreme Court, Prosecution Witness, Test Identification Parade

SC: Bail Application Filed Through Advocate Not to be Considered Appearance of Absconding Accused(18.03.2024)

Supreme Court has held that filing of an anticipatory bail through an advocate would not and could not be treated as an appearance before a court by a.....

Tags : Supreme Court, Section 82 of CrPC, Section 83 of CrPC, Bail Application, Absconding Accused

Insurer not liable to pay upon death while intoxicated if excluded in insurance policy(03.09.2015)

In a case where the insurer denied payout on the death of the insured by drowning while under the influence of alcohol, the NCDRC dismissed the compla.....

Tags : Life insurance, death, intoxication

Packing materials are not raw materials, component parts or inputs used in manufacture of finished goods and are separately defined under enactment.(02.09.2016)

Appellant is a public limited company having a tea manufacturing unit at Dharwad and various other units which also manufacture tea. It is claimed tha.....

Tags : Notification, Exemption, Packing materials

Decision to represent India in a sporting event, best left to experts, interference by Court in selection criteria not called for.(11.08.2016)

Petitioner seeks quashing of action of Union of India and Sports Authority of India respectively in not selecting Petitioner for participation in Rio .....

Tags : Selection Criteria, Qualification System, Eligibility

Delhi HC: Avoidance Applications Survive CIRP(17.01.2023)

Delhi High Court has held that avoidance applications filed under IBC survive even after approval of the resolution plan, in cases where Resolution Pl.....

Tags : Delhi High Court, Avoidance Applications, CIRP

CESTAT: No Case Made Out By Customs For Confiscation Of Goods Meant For Export(23.01.2023)

Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Delhi has observed that a “No Objection Certificate” (NOC) is not required from the Drug .....

Tags : Customs, Excise and Service Tax Appellate Tribunal, No Objection Certificate, Drug Controller, export

SC Refuses To Vacate Stay On Restoration Of Criminal Case Against Former Karnataka CM Yediyurappa(24.01.2023)

Supreme Court has dismissed an application seeking to vacate an earlier order of the Court that stayed the restoration of a criminal case against form.....

Tags : Supreme Court, Karnataka Chief Minister, illegal, de-notification

Ker. HC Directs Claims Commissioner To Start Proceedings For Quantification Of Loss From Next Week(25.01.2023)

Kerala High Court has directed the Claims Commissioner to commence proceedings for quantification of the damages caused on account of Flash Hartal cal.....

Tags : Kerala High Court, Claims Commissioner, quantification, Flash Hartal, Popular Front of India

Del. HC: Article 21A of COI Not Applicable on Being Educated in a Particular School of Choice(29.03.2024)

Delhi High Court has observed that Article 21A of the Constitution of India guaranteeing the right to free and compulsory education does not entitle a.....

Tags : Delhi High Court, Article 21A of COI, Compulsory Education

SC: Old Panel of Adv. Must be Kept for At least 6 Weeks After Change in Govt., to Avoid Adjournments(03.04.2024)

SC while expressing dilemma over the change in the panel of advocates after a shift in political power, has observed that it will be appropriate if St.....

Tags : Supreme Court, Panel of Advocates, Six Weeks, Adjournments

Judicial review finds errors in Patna ruling on Advocates-on-Record(30.09.2015)

Reiterating in some detail the purpose behind judicial review, and evolution over the years of its scope, the Patna High Court determined that unless .....

Tags : Judicial review, advocate, on record, pleading

Decision by Registration Committee of Central Insecticides Board (CIB) to provisionally approve registration does not amount to registration by itself with CIB(20.09.2016)

Instant appeal, by special leave, filed questioning justifiability of judgment passed by High Court of Delhi declining to interfere with decision take.....

Tags : Tender, Condition, Registration Certificate

Bom. HC: Eligibility of Researcher Determined by Acceptance of Paper Rather Than Actual Publication(17.02.2023)

Bombay High Court has held that it is only the fitness or worthiness of research paper for its publication, which comes from a decision of its accepta.....

Tags : Bombay High Court, Researcher, Research Paper, Publication

SC: Court’s Judgment in Joseph Shine Doesn’t Approve of Adultery(20.02.2023)

Supreme Court has clarified that its 2018 judgment in Joseph Shine striking down Section 497 IPC will not impact court martial proceedings initiated a.....

Tags : Supreme Court, Adultery, Clarification

Ker. HC: Academic Interests of Children Must be Delicately Balanced With Right to Recreation(09.04.2024)

Kerala High Court while allowing CBSE and ICSE Boards to conduct vacation classes, has held that it is to be considered by the State as to how a balan.....

Tags : Kerala High Court, Academic Interests, CBSE, ICSE, Vacation Classes

SC Clarifies That Judgement Stating B.Ed Graduates Can't Be Primary School Teachers Operates Prospe.(09.04.2024)

Supreme Court has clarified that the judgment delivered by the Court that Bachelor of Education (B.Ed.) degree holders cannot be primary school teache.....

Tags : Supreme Court, B.Ed Graduates, Primary School Teachers, Prospective Application

Kerala High Court: Schools Without Playgrounds Should be Closed by Government(15.04.2024)

Ker. HC has held that if there are no suitable playgrounds for games and sports in schools containing sufficient clear space for extra-curricular acti.....

Tags : Kerala High Court, Kerala Education Rules, Extra-Curricular Activities

Lowered education loan criteria for SC/ST students to be decided by RBI and Government(13.10.2015)

Kerala High Court dismissed petitions against the decision of the State Bank of Travancore to not grant the petitioners educational loans for failing .....

Tags : Education, loan, lower, eligibility, scheduled caste

Affordable housing for cattle put on Government’s plate(14.10.2015)

The High Court, hearing a matter on housing stray cattle, and the danger they pose by straying onto a highway, directed all Panchayats in the State .....

Tags : Cattle, slaughter, constitution, housing

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

Ker. HC: Absence of TI Parade Doesn’t Vitiate Identification of Accused in Court(03.03.2023)

Kerala High Court has held that if ocular evidence and identification of accused by witnesses in court are impressive, nothing restricts court from re.....

Tags : Kerala High Court, Test Identification Parade, Evidence, Witness

Del. HC: For Purposes of Article 19(6) of COI National Council for Teacher Education is ‘State’(23.04.2024)

Delhi High Court has held that for the purposes of Article 19(6) of the Constitution of India, National Council for Teacher Education shall come under.....

Tags : Delhi High Court, Article 19(6) of COI, Executive Decisions, National Council for Teacher Education

Suo Motu PIL Initiated by Telangana HC on Sr. Advocate’s Letter Alleging Handcuffing of Accused(24.04.2024)

Tel. HC has initiated a suo motu Public Interest Litigation (PIL) based on a letter received by a senior advocate who alleged handcuffing of three acc.....

Tags : Telangana High Court, Public Interest Litigation, Senior Advocate

SC: Communication of Acceptance of Resignation Not Mandatory Unless Rules or Guidelines Prescribe it(27.04.2024)

SC has held that termination of employment is deemed to be in effect from the date on which resignation is accepted by the authority. Non-communicatio.....

Tags : Supreme Court, Termination, Non-communication, Resignation

SC: Possibility to Manipulate/Modify EVMs Unfounded(27.04.2024)

SC has observed that possibility to hack or tamper with agnostic firmware in the burnt memory to favour results is unfounded. Accordingly, suspicion t.....

Tags : Supreme Court, Electronic Voting Machines, Cross-Verification

SC: Minority Educational Institution Can’t Claim Exemption from Admission & Fee Regulatory Committee(18.03.2023)

Supreme Court has held that minority educational institution cannot claim complete immunity from the exercise undertaken by the Admission and Fee Regu.....

Tags : Supreme Court, Minority Educational Institution, Admission and Fee Regulatory Committee

SC: Proceedings Questioning Employee’s Caste Certificate Can’t be Done Ex-Parte(20.03.2023)

Supreme Court has held that in a scenario where validity of community certificate is put to question, keeping in mind the importance of document and e.....

Tags : Supreme Court, Caste Certificate, Ex-Parte

All. HC Cancels Bail Granted to Advocate Accused of Sending Obnoxious Messages to Lady Judge(22.03.2023)

Allahabad High Court has canceled bail granted by a local court to advocate who has been accused of sending obnoxious messages to a lady judge, and st.....

Tags : Allahabad High Court, Bail, Advocate, Lady Judge

SC: No Modifications are Permissible Once Resolution Plan is Approved(24.03.2023)

Supreme Court has held that once Resolution Plan (RP) stands approved, no modifications are permissible; it is either to be approved or disapproved, b.....

Tags : Supreme Court, Resolution Plan, Approved, Modification

Kar. HC: For Disqua. Under Gram Swaraj & Panchayat Act, Subsisting Contract With Panchayat Necessary(13.05.2024)

Karnataka High Court has held that in order to disqualify a Panchayat member under Section 12 (h) of the Karnataka Gram Swaraj and Panchayat Raj Act, .....

Tags : Karnataka High Court, Subsisting Contract, Disqualification, Panchayat

Supreme Court: Can’t Apply CrPC Retrospectively to Jammu & Kashmir Before 31.10.2019(20.05.2024)

SC has observed that the Code of Criminal Procedure, 1973 would come into effect only from the appointed day, and therefore has no retrospective appli.....

Tags : Supreme Court, Jammu & Kashmir, Retrospective Application

Del. HC: Updation Application to Change Amount of Counter Claim is an Amendment Application(29.03.2023)

Delhi High Court has held that where a party has filed an application seeking to update its counter claims before Arbitral Tribunal, the said applicat.....

Tags : Delhi High Court, Updation Application, Amendment, Arbitral Tribunal

SC: Court Can’t Prescribe Qualification/Declare Equivalency of a Course(30.03.2023)

Supreme Court while observing that courts would not prescribe qualification and/or declare equivalency of a course, has held that until and unless rul.....

Tags : Supreme Court, Equivalency, Qualification

SC: Previous Suit Must Have Been Decided on Merit for Application of Res Judicata(05.04.2023)

Supreme Court while summarizing the principle of Res Judicata has observed that for Res Judicata to apply matter directly & substantially in issue in .....

Tags : Supreme Court, Res Judicata, Merit

SC: 2015 Amendment to S. 153C of IT Act Will have Retrospective Application(06.04.2023)

Supreme Court has held that amendment to Section 153C of Income Tax (IT) Act 1961 by Finance Act 2015 will retrospectively apply to searches conducted.....

Tags : Supreme Court, Income Tax, Section 153C, Retrospective Application

BCI Issues Circular Regarding Implementation of Set of Reforms in Legal Education(24.05.2024)

BCI has issued a circular to all Centres of Legal Education regarding implementation of set of reforms in legal education that should be made effectiv.....

Tags : Bar Council of India, Centres of Legal Education, Bilingual Language, Legal Education

Uttarakhand High Court’s Order for its Relocation Outside Nainital, Stayed by Supreme Court(27.05.2024)

Supreme Court has stayed Uttarakhand High Court’s order asking the State to look for a suitable place outside Nainital, to shift their premises. High .....

Tags : Supreme Court, Uttarakhand High Court, Relocation

SC Modifies Guidelines Relating to Conferment of Senior Advocate Designations(12.05.2023)

Supreme Court has modified guidelines regulating the conferment of designation of Senior Advocates as laid down in Indira Jaising v. Supreme Court of .....

Tags : Supreme Court, Senior Advocate, Guidelines

SC: Accused Not Entitled to Bail in PMLA Case Merely Because Chargesheet Filed for Predicate Offence(15.05.2023)

Supreme Court while setting aside bail granted to accused in PMLA Case, has held that merely because, for predicated offences chargesheet might have b.....

Tags : Supreme Court, Money Laundering Case, PMLA, Predicate Offence

J&K HC: In Bail Applications, No Necessity to Give Opportunity to State to File Written Objections(03.07.2024)

Jammu and Kashmir High Court has observed that in a bail application, there is no necessity to give an opportunity to the State to file written object.....

Tags : Jammu and Kashmir High Court, Bail Application, Written Objections

Raj. HC: Provision of Appeal Recommended in Matters of Transporting Bovine Animals Without Permit(03.07.2024)

Rajasthan High Court has recommended the introduction of provisions of appeal in matters where orders are passed under Section 6A of the Rajasthan Bov.....

Tags : Rajasthan High Court, Bovine Animals, Confiscation

POCSO Cases: Consider Upper Age Where Victim’s Age Determined Through Bone Age Ossification Report(04.07.2024)

Delhi High Court has held that in cases of sexual assault under the POCSO Act, wherever, the court is called upon to determine the age of the victim b.....

Tags : Delhi High Court, POCSO Cases, Bone Age Ossification Report, Reference Range

Bharatiya Nagarik Suraksha Sanhita Referred to for the First Time by Delhi High Court(04.07.2024)

Delhi High Court while dealing with the issue of forgery and fabrication of documents by a party in a trademark infringement dispute, has referred to .....

Tags : Delhi High Court, Fabrication, Forgery, BNSS

Cal HC: Officers Entitled to Take Action Against Non-Conforming Acts of An Advocate(13.06.2023)

Calcutta High Court while observing that it is not expected that a judge should be a mute spectator, has held that judicial restraint does not disenti.....

Tags : Calcutta High Court, Judicial Restraint, Advocate, Non-Conforming Acts

Bombay HC Issues Clarification on its January 2023 Order Regarding Adoption Proceedings(19.06.2023)

Bombay High Court while issuing clarification to its January 2023 Order that granted interim stay on transfer of pending adoption matters from Court t.....

Tags : Bombay High Court, Adoption Proceedings, JJ Act, Clarification

Ker. HC: Employer Can Decide if Higher Qualification Would Subsume Lesser Qualification(23.06.2023)

Kerala High Court has observed that in the matter of recruitment to services, it is for the employers to decide, based on assessment and requirements,.....

Tags : Kerala High Court, Employer, Qualification, Requirement

Ker. HC to State: Constitute Committee to Introduce Safe Sex Education(26.06.2023)

Kerala High Court while observing that ‘safe sex education’ among the youth is the need of the hour, has suggested State government to constituting a .....

Tags : Kerala High Court, Safe Sex Education, Committee

Ker. HC: Second Opinion to Determine Authenticity of Disability Certificate Can be Sought by MACT(16.07.2024)

Ker. HC has observed that MACT cannot sit as mute spectators while considering claims and are expected to take a pro-active role in decision making pr.....

Tags : Kerala High Court, MACT, Disability Certificate, Second Opinion

SC: Customs Duty to be Paid by Owner Even When Confiscated Goods are Redeemed by Paying Fine(24.07.2024)

Supreme Court has held that the owner of goods has a liability to pay customs duty, even after confiscated goods are redeemed after payment of fine un.....

Tags : Supreme Court, S. 125 of Customs Act, Confiscated Goods, Customs Duty

Del. HC: Schools May Not Insist On Following Neighbourhood Criteria For Admissions(01.06.2023)

Delhi High Court while observing that it may not be possible for Directorate of Education to follow neighbourhood criteria while allotting seats has s.....

Tags : Delhi High Court, Neighbourhood Criteria, EWS Category, DG Category

Ker. HC Quashes Case Against Rehana Fathima Over Video of Children Painting on Her Semi-Naked Body(05.06.2023)

Kerala High Court has quashed case against Rehana Fathima in the matter relating to the circulation of a video that showed her children painting on he.....

Tags : Kerala High Court, Rehana Fathima, Children, Sex Education, Nudity

Gauhati HC Quashes Notification Prohibiting Sale of Dog Meat in Nagaland(07.06.2023)

Gauhati High Court has quashed the notification issued by Chief Secretary, Nagaland Government that banned the commercial import, trading of dogs, dog.....

Tags : Gauhati High Court, Notification, Prohibition, Dog Meat

SC: BCI Can Impose Condition That Only Graduate from Recognized Colleges Can Enroll as Advocates(12.06.2023)

Supreme Court has held that rule framed by Bar Council of India (BCI) requiring a candidate for enrolment as an Advocate to have completed his law cou.....

Tags : Supreme Court, Bar Council of India, Enrollment, Advocate

Kerala HC Forms Committee for Addressing Grievances of Advocates(12.06.2023)

Kerala High Court has constituted a Grievance Redressal Committee headed by Chief Justice S. V. Bhatti to address the grievances of Advocates.

Tags : Kerala High Court, Grievance Redressal Committee, Advocates

Raj. HC: Bail Denied to Man Who Was Not Mentioned in FIR but Accompanied Accused to Crime Scene(05.08.2024)

Raj. HC while rejecting the bail application of a man who was not named in FIR but accompanied the accused to the crime scene, has observed that even .....

Tags : Rajasthan High Court, Bail Application, FIR

Advocates cannot condemn judges lightly(24.09.2015)

In a contempt of court reference by an Additional Chief Judicial Magistrate against the Contemner for making false complaints against judicial officer.....

Tags : Contempt, advocate, judge, allegation

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

When substantial public interest involved or transaction is malafide, only then Court can interfere in commercial transactions(30.09.2016)

Petitioner, a company engaged in business of supply and installation of modular furniture since 1993 and which had submitted its technical bid in resp.....

Tags : Bid, Selection, Pre-qualification level

Delhi HC: Cannot Read WhatsApp Conversation as Evidence Without Mandatory Certificate(05.07.2024)

Delhi High Court has held that WhatsApp conversations cannot be read as evidence without there being a proper certificate as mandated under the Eviden.....

Tags : Delhi High Court, Whatsapp Conversation, Mandatory Certificate

Bom. HC: Student Who Missed HSC Improvement Exam Due to Depression, Allowed to Re-Take Exams(08.07.2024)

Bombay High Court, in the interest of justice, has allowed a student to re-take the Higher Secondary Certificate (HSC) improvement exam. The student c.....

Tags : Bombay High Court, Higher Secondary Certificate, Internet Gaming Disorder

Kerala High Court: Long Lasting Provocation Can’t be Construed as Sudden Provocation(08.07.2024)

Kerala High Court while disallowing a discharge application of an accused, has observed that long lasting provocation, either mild or grave, could not.....

Tags : Kerala High Court, Sudden Provocation, Long Lasting Provocation

SC: Bail Condition to Obtain Certificate of Assurance from Embassy Not Necessary for Foreign Accused(09.07.2024)

SC has held that it is not necessary that in every case where bail is granted to an accused in an NDPS case who is a foreign national on the ground of.....

Tags : Supreme Court, Certificate of Assurance, Foreign National

SC: Can Apply Principle of Res Judicata if Conflict of Interest Exists between Co-defendants(10.07.2024)

Supreme Court while observing that the principle of res judicata is not only applicable between plaintiff and defendant but also between two co-defend.....

Tags : Supreme Court, Res Judicata, Co-defendants

SC: Caution Must be Exercised by Trial Court in Accepting Dock Identification of Accused Without TIP(12.07.2024)

Supreme Court has observed that in cases where the accused is a stranger to a witness and there has been no Test Identification Parade (TIP), the tria.....

Tags : Supreme Court, Test Identification Parade, Dock Identification

CIC chastises Delhi CMO for acting like ‘post office’(25.01.2016)

In a case of be careful what you wish for, a senior citizen received detailed responses to his application under the Right to Information Act, 2005, o.....

Tags : Rti, application, transfer, pension

Advocate shall not be a full-time salaried employee of any person, government, firm, corporation, so long as he continues to practice(22.12.2016)

In instant case, Respondent applied for certificate of practice to Bar Council of Gujarat, but was informed that her enrollment form for certificate o.....

Tags : Practice certificate, Enrolment, Interim relief

Del. HC to State: Hold Stakeholder Consultation on Draft Advocates Protection Bill(26.05.2023)

Delhi High Court has asked State government to hold stakeholder consultation on the draft Delhi Advocates (Protection) Bill which seeks to provide saf.....

Tags : Delhi High Court, Stakeholder Consultation, Advocates Protection Bill

SC: Only Instructing Counsels Can Make Mentionings Before Vacation Bench(29.05.2023)

A vacation bench of Supreme Court while hearing a matter related to appointment of chairperson of DERC has stated that as per vacation bench norms, on.....

Tags : Supreme Court, Vacation Bench, Instructing Counsel, Mentionings

MP HC: Preference in Appointments on Basis of Caste Can be Granted Only if Other Things are Equal(23.08.2024)

MP HC has held that preference in appointment can be granted only if other things are equal. Once minimum educational qualification was Class-X pass, .....

Tags : MP High Court, Educational Qualification, ST Category

Del. HC: Denying Admission After Seat Allotment by DoE Violates Objective of RTE Act(27.08.2024)

Delhi High Court has observed that if a student is denied admission once he/she has been allotted seat by the Directorate of Education (DoE), it would.....

Tags : Delhi High Court, Directorate of Education, Seat Allotment

SC: Benefit of Proviso to S.45 of PMLA Can’t be Denied to Woman Merely Because She is Well Educated(28.08.2024)

Supreme Court has observed that merely because a woman is highly educated, or sophisticated or a Member of Parliament or a Member of Legislative Assem.....

Tags : Supreme Court, S. 45 of PMLA, Well Educated

SC Stays Ministry of Ayush’s Notification Omitting Rule 170 of the Drugs and Cosmetics Rules, 1945(28.08.2024)

Supreme Court has stayed Ministry of Ayush’s notification issued on 1 July, 2024 whereunder, the Drugs (Fourth Amendment) Rules 2024, have been notifi.....

Tags : Supreme Court, Ministry of Ayush, Notification

Committee may consider opinion of Vigilance Cell though Vigilance report is not binding on Scrutiny Committee(13.12.2016)

Petitioner has invoked writ jurisdiction and sought to challenge order passed by Divisional Caste Scrutiny Committee No.3, thereby invalidating Caste .....

Tags : Election, Caste Certificate, Authenticity

Rajasthan HC Refuses Interim Stay on Declaration of Rajya Sabha Election Result(10.06.2022)

Rajasthan High Court has dismissed an application which sought interim stay on declaration of Rajya Sabha election results of till the disposal of wri.....

Tags : Rajasthan High Court, Rajya Sabha Election, Disqualification

Meg. HC: Rain is No Justification for Poor Condition of Roads(11.07.2023)

Meghalaya High Court while expressing displeasure over State’s justification for failure in maintaining roads, has stated that despite being one of th.....

Tags : Meghalaya High Court, Roads, Justification

Guj HC to State: Frame Policy to Address Stray Cattle Menace(12.07.2023)

Gujarat High Court has directed State government to urgently formulate a comprehensive policy or issue administrative directions to control the cattle.....

Tags : Gujarat High Court, Stray Cattle, Policy

SC: WP Not Maintainable if Suit for Same Relief was Withdrawn Without Liberty to File Afresh(14.07.2023)

Supreme Court has held that a writ petition (WP) that is filed after suit seeking same relief was withdrawn without liberty to filed afresh, is not ma.....

Tags : Supreme Court, Writ Petition, Res Judicata, Maintainable

SC: Auctioneer Can’t Refuse Sale Certificate if No Default on Part of Auction Purchaser(17.10.2024)

Supreme Court while dealing with the issue of cancellation of an auction purchase, has held that issuance of sale certificate cannot be refused by auc.....

Tags : Supreme Court, Auction Purchase, Sale Certificate

All. HC: Retroactive Application of Rulings to Arbitral Awards Would Create Legal & Procedural Chaos(21.10.2024)

All. HC has observed that if parties were allowed to reopen concluded arbitrations based on new judicial rulings, it would lead to a flood of claims s.....

Tags : Allahabad HC, Arbitral Awards, Retroactive Application

Appellant cannot claim a vested right to have entries in school record corrected(23.01.2017)

Appellant/writ petitioner appeared for Class-X Board Examination conducted by Central Board of Secondary Education (CBSE) in month of March, 2015 and .....

Tags : Records, Change of name, Application

HP HC: Res Judicata Applies Only Where Whole Subject Matter in Both Suits is Identical(29.06.2023)

Himachal Pradesh High Court while observing that words "directly and substantially in issue" in Section 10 CPC should be interpreted in contrast to ma.....

Tags : Himachal Pradesh High Court, Res Judicata, CPC

Del HC: Can’t Levy Property Tax as Business Building Because Advocate’s Office Runs from Residence(29.06.2023)

Delhi High Court while observing that premise wouldn’t become business premise just because a lawyer read his office file at his residence, has held t.....

Tags : Delhi High Court, Property Tax, Advocate

SC: Court Must Consider Cross-Objections in Full Before Adjudicating on the Same(05.07.2023)

Supreme Court has observed that while cross objections are filed within an already existing appeal, however, as per Order 41 Rule 22 of CPC, cross obj.....

Tags : Supreme Court, Cross-Objections, Appeal, Adjudication

Supreme Court: Sub-Classification of SCs/STs by States is Permissible(01.08.2024)

Supreme Court while overruling the judgement of EV Chinnaiah v. State of Andhra Pradesh (MANU/SC/0960/2004; 2004 INSC 644), has upheld the power of th.....

Tags : Supreme Court, Sub-Classification, Reservation

MP HC: Relocation of Liquor Shop Doesn’t Violate Shop Owner’s Right to Trade(02.08.2024)

Madhya Pradesh High Court has held that license to run a liquor shop is not a business but it is a privilege conferred by the State and an order regar.....

Tags : MP High Court, A. 19(1)(g) of COI, Relocation

MP HC: Merely Because Wife is Educated, She Cannot be Denied Maintenance(03.08.2024)

Madhya Pradesh High Court while hearing a plea regarding maintenance awarded to wife, has held that a mere ground that the wife is educated, cannot be.....

Tags : MP High Court, Maintenance, Educated

Advocates’ attire “necessary and conducive for dispensation of justice”(07.12.2015)

Kerala High Court dismissed a petition by a lawyer alleging “severe hardship and inconvenience” due to the dress code imposed in courts. The petitione.....

Tags : Advocate dress code, kerala, attire

Government to receive suggestions on protecting children from pornography(26.02.2016)

The Supreme Court directed the Union of India to receive comments on ways and means to curb the viewing of pornography in public places and further st.....

Tags : Pornography, public place, school, sex education

Amendment application should be normally granted unless by virtue of amendment, nature of suit changed or prejudice caused to Defendant(18.01.2017)

Petitioner is objecting to the Order passed by Chairperson of Debt Recovery Appellate Tribunal rejecting appeal preferred by Petitioner-original appli.....

Tags : Amendment, Application, Entitlement

SC Restrains Centre and States to Act Upon Withdrawal of Madarssas Not Complying with RTE(22.10.2024)

Supreme Court has passed an interim order and restrained the Central Government and States to act upon communications issued by the National Commissio.....

Tags : Supreme Court, Central Government, Madarssas, Right to Education

SC Reserves Judgement on Striking Down UP Madarsa Education Act, 2004(23.10.2024)

SC while reserving judgement on petitions filed against judgment of the Allahabad High Court striking down 'Uttar Pradesh Board of Madarsa Education A.....

Tags : Supreme Court, Allahabad High Court, Madarsa Education Act

Supreme Court: States Have the Power to Regulate Industrial Alcohol(23.10.2024)

Supreme Court has held that under Entry 8 of List II of the Constitution of India, the term intoxicating alcohol includes within its meaning industria.....

Tags : Supreme Court, Industrial Alcohol, Intoxicating Alcohol

Supreme Court: In a Bail Application There Can't Be a Transfer of Investigation(24.10.2024)

Supreme Court has held that in a bail application there can't be a transfer of investigation to CBI. The direction is virtually to make de novo invest.....

Tags : Supreme Court, Transfer of Investigation, Bail Application

Guj. HC: State Bar Council to Issue Provis. Certificates to Students from Colleges Unapproved by BCI(24.10.2024)

Gujarat High Court has asked the State Bar Council to accept enrolment and to issue provisional certificate of practice to students from law schools t.....

Tags : Gujarat High Court, State Bar Council, Provisional Certificate

SC Refuses to Mark Presence of Advocate Who Did Not Argue the Matter(25.10.2024)

Supreme Court has refused to mark presence of an advocate who did not argue in a matter and stated that Advocate-on-Record should be invariably presen.....

Tags : Supreme Court, Advocate-on-Record, Presence

Mere handing over of currency notes not illegal gratification(12.04.2016)

Merely handing over money to a government official is insufficient to establish illegal gratification in the absence of proof of demand, the Supreme C.....

Tags : Illegal gratification, proof of demand

While considering grant of leave to contest eviction proceedings under Rent Laws, Authority/Court is not expected to examine merits and demerits of grounds raised(07.02.2017)

Instant appeal is filed against final judgment and order passed by High Court of Delhi whereby the High Court dismissed revision filed by Appellants h.....

Tags : Application, Contest, Leave

SC: Transfer Certificate Can’t be Relied Upon to Decide Age of POCSO Vitim(19.07.2023)

Supreme Court has held that school transfer certificate and extracts of the admission register are not what Section 94(2)(i) of JJ Act mandates and th.....

Tags : Supreme Court, Transfer Certificate, POCSO, Age, Victim

Mad. HC: Nominate Nodal Officer to Deal With Requests of Department for Engaging AG or AAG in Courts(20.07.2023)

Madras High Court has directed State to nominate a Nodal officer to deal with requests made on behalf of various departments for nomination of Advocat.....

Tags : Madras High Court, Nodal Officer, Advocate General

Ker HC: If HC had Previously Denied Anticipatory Bail, Successive Appln. Should Be Filed Before HC(26.07.2023)

Kerala High Court has held that in cases where the High Court rejected anticipatory bail plea, second or successive anticipatory bail applications, po.....

Tags : Kerala High Court, Anticipatory Bail, Successive Application

Kar. HC: Decision of SC Would Not Upset the Earlier Judgments of Competent Court(26.07.2023)

Karnataka High Court has observed that the law laid down by the Apex Court is not binding on judgments passed prior to it by the competent courts and .....

Tags : Karnataka High Court, Apex Court, Judgment, Res Judicata

Bom. HC: Authority Processing Duty Credit Scrip Application is the Adjudicating Authority for Appeals(13.12.2024)

Bombay High Court has held that authority processing applications for duty credit scrip entitlement shall be the 'adjudicating authority' for appeals .....

Tags : Bombay High Court, Adjudicating Authority, Foreign Trade Act

BCI to SC: Practicing Advocates Cannot Simultaneously Work as Full Time Journalists(17.12.2024)

Bar Council of India has informed the Supreme Court that practicing advocates cannot simultaneously work as full time journalists as there are rules t.....

Tags : Bar Council of India, Supreme Court, Practicing Advocates, Full Time Journalists

Opportunity to decide NPA classification on account-basis slips by(11.04.2016)

A borrower having repaid all of the principal sum but with more than 20 per cent of interest remaining cannot escape the provisions of the SARFAESI Ac.....

Tags : non-performing asset, classification, multiple accounts, borrower

Intent and knowledge is must for crime to fall under Section 304 Part I of Indian Penal Code(14.02.2017)

In present case, Trial Court observed that, Appellants acted with common intention to commit murder of deceased and found that, prosecution has proved.....

Tags : Conviction, Sentence, modification

SC: Can’t Let Litigant Suffer Because of Advocate's Fault in Withdrawing Complaint by Mistake(03.08.2023)

Supreme Court has observed that the complainant cannot be made to suffer for the fault of the advocate.

Tags : Supreme Court, Litigant, Advocate, Fault

SC: Appln. Filed on Pretext of Clarification While Evading Recourse of Review Must be Discouraged(07.08.2023)

Supreme Court has held that any alternation to a can be made only to correct a clerical or arithmetical mistake or an error arising out of accidental .....

Tags : Supreme Court, Alternation, Clarification, Judgment

SC: If Accused Are Already Shown to Witnesses in Police Station, Sanctity of TIP is Doubtful(09.08.2023)

Supreme Court while hearing an appeal against the conviction based on circumstantial evidence, has observed that if the accused are already shown to t.....

Tags : Supreme Court, Circumstantial Evidence, Test Identification Parade

Ker. HC: Child's Educational Expenses Not Maintenance U/S 125 CrPC if Reimbursed By Employer(11.08.2023)

Kerala High Court has held that payment of educational expense of children, which was later reimbursed by employer, cannot be treated as the maintenan.....

Tags : Kerala High Court, Educational Expenses, Maintenance, Reimbursed

NCLAT: Can Recall Admission Order of Application U/S 7 of IBC if Malicious Intent is Proved(20.01.2025)

NCLAT New Delhi bench has held that the Adjudicating Authority has jurisdiction under the Insolvency and Bankruptcy Code, 2016(IBC) to recall admissio.....

Tags : NCLAT New Delhi, Adjudicating Authority, IBC

SC Expresses Concern Over Lack of Scope to Reduce Marks of Candidate for Designation as Sr. Advocate(21.01.2025)

Supreme Court has expressed concern over lack of scope to reduce marks of a candidate for designation as a Senior Advocate in case there are doubts ab.....

Tags : Supreme Court, Senior Advocate, Integrity

Report of Statutory Commission of experts cannot be interfered with for reason that there could be better way of identification of caste(04.02.2017)

Challenge in present petition is to Notification dated 22nd April, 2015, published in Extra-ordinary official Gazette by State Government on 28th Apri.....

Tags : Notification, Caste, List, Deletion

Raj HC: Non-Disclosure of Information Wasn’t a Ground for Disqualification Before 2015 Amendment Act(25.10.2024)

Rajasthan High Court has held that prior to 2015 Amendment Act there was no existence of disqualification under Section 12 of Arbitration and Concilia.....

Tags : Rajasthan High Court, Non-Disclosure, Disqualification

Supreme Court Stays Allahabad HC Order Imposing Rs 1 Lakh Cost on Adv Mehmood Pracha(28.10.2024)

The Supreme Court has stayed an Allahabad High Court order imposing a cost of Rs.1 lakh on Advocate Mehmood Pracha for "wasting Court's time" by filin.....

Tags : Supreme Court, Advocate Mehmood Pracha

SC: Appeal Against Retrospective Application of Electricity Act, 2003, Allowed(04.11.2024)

Supreme Court has allowed an appeal against the judgment of the MP High Court concerning the retrospective application of Electricity Act, 2003 and ha.....

Tags : Supreme Court, MP High Court, Retrospective Application

Supreme Court Upholds Constitutional Validity of UP Madarsa Education Act, 2004(05.11.2024)

SC while setting aside Allahabad High Court’s judgement that struck down the UP Board of Madarsa Education Act, 2004, has upheld the constitutional va.....

Tags : Supreme Court, Madarsa Education Act, Constitutional Validity

J&K HC: Complainant/Dependent to be Heard if Accused files Bail Application Under SC/ST Act(06.11.2024)

J&K High Court has observed that on filing of a bail application for being released in a case under the SC/ST (Prevention of Atrocities Act), 1989 the.....

Tags : J&K High Court, Bail Application, SC/ST Act

Supreme Court Amends Supreme Court Rules, 2013(08.11.2024)

Supreme Court has amended the Supreme Court Rules, 2013 by substituting the term 'summer vacation/vacation' with 'partial court working days'.

Tags : Supreme Court, Summer Vacation, Supreme Court Rules

CPIO is to give sufficient reasons for denying supply of information on account of it being exempt(24.01.2017)

Petitioner impugns order dated 22th November, 2016, whereby, CIC has held Petitioner – CPIO liable for not providing information to Respondents. It ha.....

Tags : Query, Application, Explanation

Complaints against REC miss the mark(05.05.2016)

The Competition Commission dismissed a matter against Rural Electrification Corporation Power Distribution Company Limited, a wholly owned subsidiary .....

Tags : rural electrification, public sector, dominant position

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

Grouse against ‘decadence of civilisation’ outside purview of Article 32(22.07.2016)

A push for a more moral society and moral education for the country’s youth cannot be achieved through the courts for their inability to “unravel the .....

Tags : moral education, cbse, youth

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

PMLA has an over-riding effect and provisions of Cr. PC would apply only if they are not inconsistent with provisions of PMLA(10.04.2017)

Petitioner has preferred present bail application seeking regular bail under Section 439 of Code of Criminal Procedure,1973 (Cr. PC) read with Section.....

Tags : Application, Bail, Grant

Transaction value has to be admitted as assessable value unless proved to be incorrect(07.04.2017)

Appellant imported various automobile parts under cover of Bill of Entry on declared value. Such goods were cleared from Customs after paying customs .....

Tags : Goods, Valuation, Confiscation, Penalty

Enhancement of value based upon weekly average price is held as bad in law(18.04.2017)

In facts of present case, Appellant filed Bill of Entry for import of rough marble blocks imported from Turkey along with other relevant documents. A.....

Tags : Valuation, Confiscation, Penalty

Recommended persons list if not sorted by category does not vitiate selection process(19.08.2015)

In a suit initiated by retired district judges aspiring for the post of President of the District Consumer Disputes Redressal Forum for various distri.....

Tags : Select committee, category, list, recommendations

Dispute cannot be decided by arbitrator, when Trust Act provides for sufficient remedies to aggrieved persons by giving them right to approach Civil Court(17.08.2016)

In facts of the present case, since parties could not settle disputes/differences and nor could they agree for appointment of arbitrator amicably, Res.....

Tags : Arbitration application, Maintainability, Remedies, Civil Court

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

Power to transfer a case must be exercised with due care, caution and circumspection(12.05.2017)

Applicant-wife, by way of instant transfer application under Section 24 of Code of Civil Procedure, 1908 (CPC), seeks transfer of a petition under Sec.....

Tags : Application, Transfer, Grant

Principle of res judicata is applicable between two stages of same litigation but issue involved must have been decided at earlier stage of same litigation(21.06.2017)

In facts of present case, Applicants before KAT were candidates, who appeared for 2011, Karnataka Gazetted Probationers' Examination. They were select.....

Tags : Application, Maintainability, Doctrine, Res judicata

Conditions inserted in Notification are mandatory and cannot be held as mere procedural requirement(23.06.2017)

Appeal is against order of Commissioner (Appeals). Appellants are engaged in manufacture of corrugated cartons falling under Central Excise heading 48.....

Tags : Notification, Condition, Fulfilment

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

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

Delay caused in an act required to be done by Government authority cannot be adopted as ground for penalizing innocent Appellant(21.04.2017)

In instant case, Appellant was a 100% EOU engaged in manufacture and export of cotton yarn. Appellant sought permission to opt out of EOU scheme. Deve.....

Tags : Certificate, Grant, Delay

If decision relating to award of contract is bona fide and in public interest, Courts will not interfere, even if, a procedural error in assessment or prejudice to a tenderer, is made out(05.04.2018)

The Petitioner has come forward with instant Writ Petitions for issuance of Writ of Mandamus directing the first Respondent to accept the Work Complet.....

Tags : Tender, Certificate, Acceptance

Cal. HC: Application u/s 34 of A&C Act Falls Under Entry No. 2(c) of Schedule II of Court Fees Act(29.08.2024)

Cal. HC has held that principal application u/s 34 of Arbitration and Conciliation Act, 1996 falls under Entry No. 2(c) of Schedule II of the Court Fe.....

Tags : Calcutta High Court, S. 34 of A&C Act, Higher Fees, Principal Applications

SC: NDMC Not Liable for Absorption of Staff of School Closed Without Approval(30.08.2024)

SC has held that if a school is closed without prior approval as per Rule 46 of Delhi Education Act and Rules, 1973, the argument that the onus to abs.....

Tags : Supreme Court, NDMC, Absorption, Delhi Education Rules

SC: Board to Examine Whether Candidate with Speech Disability is Eligible for Medical Education(04.09.2024)

Supreme Court has directed Byramjee Jeejeebhoy Government Medical College, Pune to constitute a medical board for examining whether a candidate with s.....

Tags : Supreme Court, Speech Disability, Medical Education

Del. HC: Notices/Circulars Issued by DoE Should Not Be Restricted to English Language Alone(04.09.2024)

Delhi High Court has stated that it is necessary that the notices/circulars issued by the Directorate of Education should not be restricted to the Eng.....

Tags : Delhi High Court, Directorate of Education, English Language

Supreme Court’s Order Regarding Marking Advocate Presence Put on Hold(05.09.2024)

Supreme Court’s order that only officers who are present in the Court or assisting the court shall be marked present, has been put on hold.

Tags : Supreme Court, Presence, Advocate

SC: Not Recording Reasons of Appointment of Junior Officer as Judge Adv. Invalidates Proceedings(11.09.2024)

Supreme Court has stated that the legal position is well settled that non-recording of reasons of appointment of an officer junior in rank as a Judge .....

Tags : Supreme Court, Junior Officer, Judge Advocate

Cal HC: Relaxation in Age Doesn’t Amount to Obtaining Benefit for Ascertainment of Candidate’s Merit(14.09.2023)

Calcutta High Court has held that relaxation in age and fees by reserved category candidate can’t be construed to be obtaining a benefit in course for.....

Tags : Calcutta High Court, Reserved Category, Benefit, Age Relaxation

Delhi HC: Track of Litigation must be Kept by the Litigant(19.02.2025)

Delhi High Court has observed that an educated litigant must keep track of his litigation and his duty does not end merely by signing the fee cheque o.....

Tags : Delhi High Court, Educated Litigant, Fee Cheque

BCI Files Objection to the Draft Advocates (Amendment) Bill, 2025(20.02.2025)

Bar Council of India has filed objections to the Draft Advocates (Amendment) Bill, 2025 and has stated that the bill, if enacted will have serious imp.....

Tags : Bar Council of India, Legal Profession, Advocates (Amendment) Bill

SC: Should Not Impose Oppressive Conditions While Granting Remission(20.02.2025)

Supreme Court has stated that when a convict is released by granting relief of permanent remission, the conditions imposed by the Government should no.....

Tags : Bar Council of India, Legal Profession, Advocates (Amendment) Bill

P&H HC: 25% Seats to be Reserved for Weaker Section to Ensure Free Education under RTE Act(20.02.2025)

Punjab and Haryana High Court has directed reservation of 25% seats for weaker section of the society in private unaided schools in Punjab covered und.....

Tags : P&H High Court, Free Education, RTE Act

Ker. HC: For Promoting Enmity on Grounds of Religion, Mandatory Jail Sentence Must be Given(20.02.2025)

Kerala High Court while considering a bail application, has observed that there should be mandatory jail sentence for persons promoting enmity between.....

Tags : Kerala High Court, Jail Sentence, Bail Application

SC Expresses Disapproval of Delhi HC's Long Orders in Anticipatory Bail Applications(24.02.2025)

Supreme Court has expressed strong disapproval of Delhi High Court writing 30-40 pages while disposing of anticipatory bail application. The Court sta.....

Tags : Supreme Court, Delhi High Court, Anticipatory Bail Applications

Ker HC: Non-Conduct of TIP is Fatal if Witnesses Not Familiar with Accused at the Time of Occurrence(16.08.2023)

Kerala High Court has held that in cases where witnesses were not familiar with accused at the time of occurrence, the non-conduct of test identificat.....

Tags : Kerala High Court, Test Identification Parade, Witnesses

SC: No Application of Principle of ‘Falsus in uno, falsus in omnibus’ in India(21.08.2023)

Supreme Court has observed that principle governing “Falsus in uno, falsus in omnibus” has got no application to the courts in India, and therefore it.....

Tags : Supreme Court, Falsus in uno, falsus in omnibus, Application

SC: Test Identification Parade Does Not Violate Article 20(3) Of Constitution(25.08.2023)

Supreme Court while observing that conduct of Test Identification Parade (TIP) is not violative of Article 20(3) of the Constitution, has held that ac.....

Tags : Supreme Court, Test Identification Parade, Article 20(3)

SC: Advocate’s Right to Appear for Party & to Practice is Coupled With Duty to Remain Present(20.03.2025)

SC has observed that right of an Advocate to appear for a party and to practice in the courts is coupled with the duty to remain present in the court .....

Tags : Supreme Court, Advocate, Diligently

Delhi High Court: Well Educated Wife Must Not Remain Idle Only for Gaining Maintenance(21.03.2025)

Delhi High Court has observed that a well-educated wife, with experience in a suitable gainful job, ought not to remain idle solely to gain maintenanc.....

Tags : Delhi High Court, Gainful Job, Well-Educated Wife

NCLAT: Time Extension for Payment of Sale Consid. Beyond 90 Days Can Only be Done by Adj. Authority(21.03.2025)

NCLAT New Delhi bench has held that only the adjudicating authority can extend the time for payment of sale consideration beyond 90 days under Schedul.....

Tags : NCLAT New Delhi, Adjudicating Authority, Sale Consideration

All. HC to State: Include Retired Judge in SIT Probing Police Violence Against Advocates in Harpur(05.09.2023)

Allahabad High Court has directed State Government to include a retired judicial officer in SIT probing the incident of police violence against advoca.....

Tags : Allahabad High Court, Police Violence, Advocates, Harpur

SC Sets Aside Election Notification for LAHDC-Kargil(06.09.2023)

Supreme Court while observing that Jammu and Kashmir National Conference Party (JKNC) is entitled to use the 'plough' symbol, has set aside the electi.....

Tags : Supreme Court, Election Notification, LAHDC-Kargil

SC: Litigants Liable for Contempt on Violating Undertaking Given by their Advocate(08.09.2023)

Supreme Court has held that willful breach or disobedience of an assurance in the form of an undertaking given by a counsel/advocate on behalf of his .....

Tags : Supreme Court, Civil Contempt, Undertaking, Advocate

Del. HC: Patent Agents Don’t Come Within the Ambit of BCI or Advocates’ Act, 1961(08.09.2023)

Delhi High Court while observing that patent agents do not come within the ambit of the Bar Council of India or the Advocates’ Act, 1961, has stated t.....

Tags : Delhi High Court, Patent Agents, Advocates’ Act, Regulatory Authority

SC Delivers Split Verdict on Disciplinary Action to be Taken Against an Advocate-On-Record(18.04.2025)

Supreme Court has delivered a split verdict on disciplinary action to be taken against an Advocate-on-Record and his assisting Advocate who filed a pe.....

Tags : Supreme Court, Disciplinary Action, Advocate-On-Record

Supreme Court: Principle of Res Judicata Applicable on Criminal Proceedings(21.04.2025)

Supreme Court has observed that principle of res judicata applies to criminal proceedings and the Court recording findings of fact would be binding on.....

Tags : Supreme Court, Criminal Proceedings, Res Judicata

Gujarat High Court, 4% Reservation, Persons With Disabilities(22.01.2025)

NCLAT New Delhi bench has held that adjudicating authority can decide issue of maintainability of application under section 7 of Insolvency and Bankru.....

Tags : NCLAT New Delhi, Adjudicating Authority, Substantive Issues

Mad. HC: Court Has to Independently Deal With Bail Application on its Own Merits(23.01.2025)

Madras High Court has held that the Courts cannot keep the bail application of an accused pending to enable the concerned authority to pass a detentio.....

Tags : Madras High Court, Bail Application, Detention Order

NCLAT: Can Recall Orders u/s 11 of NCLT Rules if Obtained through Fraud(27.01.2025)

NCLAT New Delhi bench has held that an Adjudicating Authority can always exercise its inherent jurisdiction and recall orders obtained through fraud u.....

Tags : NCLAT New Delhi, Adjudicating Authority, Inherent Jurisdiction

SC: AoR Designated as Senior Advocate has to Inform Parties of his Designation(29.01.2025)

SC has observed that AoR designated as senior advocate has to inform parties of his designation & shall report to the Registry that parties represente.....

Tags : Supreme Court, Senior Advocate, Advocate on Record

SC Directs Compliance of High Security Registration Plates (HSRP) Order, 2018 in NCR(29.01.2025)

SC while directing compliance of High Security Registration Plates (HSRP) Order, 2018 in NCR, has stated that duplicate registration certificate, canc.....

Tags : Supreme Court, HSRP, Duplicate Registration, Cancellation of Hypothecation

SC Directs Creation of Additional Posts in Advocates' Association Bengaluru(29.01.2025)

Supreme Court while modifying its order reserving posts for women in Advocates' Association Bengaluru, has directed that additional posts shall be cre.....

Tags : Supreme Court, Advocates Association Bengaluru, Additional Posts

SC: Information Regarding Rejection of Remission Application to be Immediately Given to Prisoner(12.09.2024)

Supreme Court while hearing a suo motu plea regarding comprehensive policy strategy for the grant of bail to prisoners, has noted that prisoner must b.....

Tags : Supreme Court, Remission Application, Suo Motu Plea

Bom. HC: Validity Granted to the Caste Certificate Cannot Be Challenged In Election Petition(12.09.2024)

Bombay High Court has held that even an erroneous decision of the Caste Scrutiny Committee, granting validity to the caste certificate cannot be chall.....

Tags : Bombay High Court, Caste Certificate, Election Petition

Del. HC: Customs Admin. While Initiating Procedure for Verification Must Specify Nature of Violation(17.09.2024)

Delhi High Court has observed that the Customs Administration of the importing Party while initiating a procedure for verification must also specify w.....

Tags : Delhi High Court, Customs Administration, Procedure for Verification

Del. HC: Can Treat Offence Committed Overseas as Predicate Offence If Crime Proceeds Travel to India(19.09.2024)

Del. HC has stated that if an offence has been committed in a foreign country under the laws of that country, the same can be treated as a predicate o.....

Tags : Delhi High Court, Predicate Offence, Foreign Country

SC Allows Candidate with 45% Speech & Language Disability to Pursue Medical Education(20.09.2024)

Supreme Court has allowed a medical aspirant having nearly 45% speech and language disability to pursue medical education after the medical board cons.....

Tags : Supreme Court, Medical Education, 45% Disability

Raj. HC: MACT Empowered to Recall Order if Obtained through Fraud or Misrepresentation(20.09.2024)

Raj. HC has held that generally a Motor Accidents Claims Tribunal does not have the jurisdiction to deal with a review application under Order 47 of C.....

Tags : Rajasthan High Court, MACT, Review Application

Kar. HC: Order Authorising Waqf Board to Issue Marriage Certificate is Unheard of in Law(13.11.2024)

Karnataka High Court while hearing a petition seeking declaration of a Government order as ultra vires to the Waqf Act, 1995, has stated that a Govern.....

Tags : Karnataka High Court, Marriage Certificate, Waqf Board

Gau HC: Crim. Petitions Filed after 1st July, 2024 in FIRs before said Date to be Filed Under BNSS(14.11.2024)

Gauhati High Court has held that all the criminal petitions, bail applications filed after 1st July, 2024 in FIRs registered prior to this date are li.....

Tags : Gauhati High Court, Bail Applications, BNSS

SC: Offence of Hate Speech is Specific & Cannot be Equated With Wrong Assertions or False Claims(15.11.2024)

Supreme Court while dismissing a PIL over prevention of 'provocative speech' by political leaders, has observed that the offence of hate speech is spe.....

Tags : Supreme Court, Provocative Speech, False Claims

P&H HC: Eyewitness Account Not Credible if Eyewitness Directly Identifies Accused in Court(21.11.2024)

P&H High Court while acquitting a convict of murder case, has stated that eyewitness account who is not known to the accused is not be considered cred.....

Tags : P&H High Court, Eyewitness Account, Test Identification Parade

Del. HC: It is the Product and Not the Technology Used that Determines HSN Classification(22.11.2024)

Delhi High Court has held that it is not the technology that is used but the product that is created which decides the HSN classification under the Cu.....

Tags : Delhi High Court, HSN Classification, Customs Tariff Heading

SC: Government Allocating Land to Privileged Few Engenders a System of Inequality(26.11.2024)

SC has observed that when the government allocates land at discounted rates to the privileged few, it engenders a system of inequality. This preferent.....

Tags : Supreme Court, Allocating Land, Inequality

Constitution of Unlawful Activities (Prevention) Tribunal for the purpose of adjudicating whether or not there is sufficient cause of declaring the Sikhs For Justice as an unlawful association(07.08.2019)

Whereas Sikhs For Justice (SFJ) has been declared as an unlawful association, vide, notification number S.O. 2469 (E) dated 10th July, 2019 published .....

Tags : Constitution, Tribunal, Adjudication

System-based asset classification - UCBs(12.08.2020)

1. Please refer to the Master Circular DCBR.BPD. (PCB) MC No.12/09.14.000/2015-16 dated July 1, 2015 containing consolidated instructions on income re.....

Tags : Asset classification, UCBs, Income Recognition

NCLAT: Post-Submission, CoC Can’t Remit Approved Resolution Plan(21.03.2025)

NCLAT New Delhi bench has held that Committee of Creditors (CoC) cannot remit Resolution Plan for fresh consideration once it has been approved by CoC.....

Tags : NCLAT New Delhi, Committee of Creditors, Adjudicating Authority

Supreme Court: BCI Has No Authority to Interfere with Legal Education(24.03.2025)

Supreme Court while dismissing Bar Council of India's challenge to a Kerala High Court order allowing murder convicts to attend law classes online, ha.....

Tags : Supreme Court, Kerala High Court, Bar Council, Legal Education

AP HC: Appropriate if Government Establishes Register for Recording Disputes between Parties(25.03.2025)

AP HC has observed that it would be appropriate, if government establishes a statutory basis for creation of a dispute register with rules set out for.....

Tags : AP High Court, Dispute Register, Verification of Title

SC Directs CARA to Issue NOC for Ease in Inter-Country Adoption(27.03.2025)

Supreme Court while hearing a plea relating to ease the procedure for inter-country adoption, has directed the Central Adoption Resource Authority (CA.....

Tags : Supreme Court, CARA, No Objection Certificate, Adoption Process

NCLAT: Can’t Recall Order Passed after Considering Materials Important for Determination of Issue(27.03.2025)

NCLAT New Delhi bench has held that if an order has been passed by Adjudicating Authority after consideration of all the necessary materials that are .....

Tags : NCLAT New Delhi, Adjudicating Authority, Determination of Issue

NCLAT: Must Admit Application u/s 7 When CD’s OTS Proposal is Rejected(27.03.2025)

NCLAT New Delhi bench has held that an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 must be admitted when a One-Time Settle.....

Tags : NCLAT New Delhi, Application, OTS Proposal

Gau HC: Genuineness of Credit Recd by Assessee from Share Appli. Money is a Question of Fact Not Law(20.12.2024)

Gauhati High Court while refusing to entertain an appeal regarding the genuineness of credit received by an assessee from share application money, has.....

Tags : Gauhati High Court, Share Application Money, Court’s Jurisdiction

Ker. HC: Universities under Obligation to Verify Educational Certificate of Enrollment Applicants(02.01.2025)

Kerala High Court has held that there is an obligation on the part of the Universities and Examination Boards to verify the genuineness of the educati.....

Tags : Kerala High Court, Educational Certificate, Enrollment Applicants

SC: Employers Insisting on Experience Gained After Obtaining Qualification Can Have Exceptions(13.01.2025)

Supreme Court has observed that although, normally, experience gained after acquiring a particular qualification could justifiably be insisted upon by.....

Tags : Supreme Court, Experience, Qualification

MP HC: Once Selection Process Culminates into Doc. Verification It Shouldn’t Be Normally Cancelled(13.01.2025)

MP HC has observed that once a selection process has culminated into the process of document verification after selection of a candidate, it should no.....

Tags : Madhya Pradesh HC, Document Verification, Technical Infirmities

HP HC: Mentioning of Wong Provision Not Fatal to Application(14.01.2025)

HP High Court while hearing an application filed under S. 151 of CPC rather than Section 29A of A&C Act, has held that it is well-settled law that mer.....

Tags : HP High Court, Incorrect Provision, Application

NCLAT: Claims Subsequent to Cut-off Date to be Dealt as Per RP by Adjudicating Authority(14.01.2025)

NCLAT New Delhi bench has held that claims that are filed subsequent to cut off date shall be dealt in accordance with the Resolution Plan approved by.....

Tags : NCLAT New Delhi, Adjudicating Authority, Cut-off Date

Amendment in notification No. 39/2015-Customs (ADD) dated 12th August, 2015(11.08.2020)

Whereas, the designated authority vide notification No. 7/26/2019-DGTR dated 23rd December, 2019, published in Gazette of India, Extraordinary, Part I.....

Tags : Amendment, Notification, Anti-dumping duty

SC: Government is Under Obligation to Impart Sex Education & Awareness about POCSO Act(24.09.2024)

SC has held that the obligation of the appropriate government and the commission under Section(s) 43 and 44 of the POCSO respectively, does not end at.....

Tags : Supreme Court, Sex Education, POCSO Act

Ker HC: Effect of RPwD Act Can’t be Taken Away by Conditions in Prospectus of Educational Institutes(24.09.2024)

Kerala High Court has stated that the effect of the RPwD Act, 2016 cannot be taken away by certain conditions imposed in the prospectus of educational.....

Tags : Kerala High Court, Educational Institutes, RPwD Act

Patna HC: Not Disclosing Reasons for Confiscating Goods is Violative of Article 14 of COI(27.09.2024)

Patna High Court has observed that an officer confiscating goods without giving strong and compelling reasons for such confiscation shall render the o.....

Tags : Patna High Court, Article 14, Confiscation

Supreme Court Strikes Down Khalsa University (Repeal) Act, 2017(04.10.2024)

SC has struck down Khalsa University (Repeal) Act, 2017 and observed that it is a settled position of law that though a legislation affecting a single.....

Tags : Supreme Court, Reasonable Classification, Khalsa University

SC: HCs Passing Orders Directing Disposal of Trials Within a Time Schedule is Contrary to Law(07.10.2024)

SC has held that while rejecting bail applications, the HCs are passing orders directing disposal of trials within a time schedule. Apart from the fac.....

Tags : Supreme Court, Trial Courts, Bail Applications

SC: Can’t Fix Time-Line for Disposal of Execution Matter as Judges of Bombay HC are Overburdened(07.10.2024)

Supreme Court has observed that, considering the fact that the judges of the Bombay High Court are overburdened direction to fix a time-line for dispo.....

Tags : Supreme Court, Bombay High Court, Execution Applications

Aadhaar Authentication for Good Governance (Social Welfare, Innovation, Knowledge) Rules, 2020(05.08.2020)

In exercise of the powers conferred by sub - section (1) of section 53 read with clause (aa) of sub-section (2) of section 53 of the Aadhaar (Targeted.....

Tags : Aadhaar Authentication, Rules, 2020, Publication

SC: Residence-based Reservation in PG Medical Courses Violates Article 14 of Constitution(30.01.2025)

SC has held that benefit of reservation in educational institutions can be given to a certain degree only in MBBS courses. Considering the importance .....

Tags : Supreme Court, Educational Institutions, MBBS Courses

NCLAT: Withdrawal of Liquidation App. Permitted When CoC file App. for Extension of CIRP Time Period(30.01.2025)

NCLAT New Delhi bench has observed that when the CoC has already taken decision to file an application for extension of CIRP time period and granted p.....

Tags : NCLAT New Delhi, Adjudicating Authority, Time Period

Del. HC: Courts Must Consider Social Background and Circumstances in Which Offences Take Place(31.01.2025)

Delhi High Court has observed that while the moral views of the judge or a particular segment of society should have no role in such adjudication, cou.....

Tags : Delhi High Court, Social Background, Adjudication

Ministry of Electronics and IT Notifies Aadhaar Amendment Rules(03.02.2025)

Ministry of Electronics and Information Technology (MeitY) has notified Aadhaar Authentication for Good Governance (Social Welfare, Innovation, Knowle.....

Tags : Aadhaar Authentication, Aadhaar Amendment Rules, Ministry of Electronics

Del. HC: Premature to Examine Objections When Movie’s Certification Pending with CBFC(03.02.2025)

Delhi High Court while disposing of petitions filed against release of “2020 Delhi” movie, stated that when the request for the requisite certificatio.....

Tags : Delhi High Court, Movie’s Certification, CBFC

SC Asks “Which Rule Permits the AoR to Authorise Another Advocate to Argue?”(07.02.2025)

SC while hearing a matter asked an Advocate-on-Record (AoR) that which rule permits the AoR to authorise another advocate to argue. The Court further .....

Tags : Supreme Court, Advocate-on-Record, Supreme Court Rules

Telangana HC Upholds Validity of Section 15 of the Telangana Advocates' Welfare Fund Act, 1987(01.11.2021)

Telangana High Court has upheld the Section 15 of the Telangana Advocates' Welfare Fund Act, 1987 which debars advocates who have crossed the age of 3.....

Tags : Telangana High Court, Telangana Advocates' Welfare Fund Act, 1987

AAR: GST Applicable to Entities Providing Online Education(09.09.2022)

Kerala State Authority for Advance Rulings (AAR) has held that GST is applicable to the entities providing online education.

Tags : AAR, GST, Online Education

SC Dismisses Plea Challenging MoEF Draft Notification on Western Ghats(13.09.2022)

Supreme Court has dismissed a PIL challenging the Draft Notification published by Central Ministry of Environment, Forest and Climate Change, demarcat.....

Tags : Supreme Court, Western Ghats, Draft Notification

Ker. HC: Can’t Withheld Transfer Certificate Merely Because of Arrear in School Fees(16.10.2023)

Kerala High Court while observing that every child has a fundamental right to get an education and imparting education is the primary duty of the Stat.....

Tags : Kerala High Court, Transfer Certificate, School Fees

Ker. HC: Vehicle Can’t be Confiscated if Registered Owner Didn’t Have Prior Knowledge of the Offence(19.10.2023)

Kerala High Court has held that once it is established that the owner of vehicle is devoid of any knowledge that the vehicle was used for illegally tr.....

Tags : Kerala High Court, Confiscated, Vehicle, Owner

Kerala HC Asks Working Committee to Consider Legislature’s Intention regarding Prohibition of Ragging(04.07.2025)

Kerala High Court has asked the Working Committee constituted to provide suggestions regarding amendments to the Kerala Prohibition of Ragging Act, 19.....

Tags : Kerala High Court, Working Committee, Educational Institution

NCLAT: NCLT Can’t Carry Out Rectification Without Providing Hearing Opportunity to Parties(21.04.2025)

NCLAT Chennai bench has held that if an order has been uploaded on the website it is considered to be on public domain and NCLT cannot rectify or amen.....

Tags : NCLAT Chennai, Hearing Opportunity, Rectification

NCLAT: In Absence of Express Agreement between Parties Authority Can’t Assume Appl. of Interest(21.04.2025)

NCLAT New Delhi bench has held that unless there is a specific contract between the parties the Adjudicating Authority cannot presume the applicabilit.....

Tags : NCLAT New Delhi, Express Agreement, Adjudicating Authority

Supreme Court: UGC May Proceed to Finalize the Draft (UGC) Regulations, 2025(25.04.2025)

Supreme Court while hearing a PIL regarding caste discrimination in higher educational institutions, has clarified that University Grants Commission m.....

Tags : Supreme Court, University Grants Commission, Higher Educational Institutions

SC: Can Continue FIRs against Borrowers Even if Classification of Accounts as Fraudulent was Set Asid(28.04.2025)

Supreme Court has held that criminal proceedings and FIRs initiated against the account holders for the offence of fraud can be continued even if clas.....

Tags : Supreme Court, Classification of Accounts, Fraudulent

J&K HC: Without Gazette Notification PF Coverage is 'Non Est' in Law(28.04.2025)

J&K HC has held that proceedings regarding registration of a cooperative society under J&K Employees' Provident Funds and Miscellaneous Provisions Act.....

Tags : J&K High Court, Gazette Notification, Cooperative Society

SC: Must Disclose to the Manufacturer, Test Reports Justifying Reclassification(30.04.2025)

SC has observed that a copy of test report justifying reclassification of petrochemical products has to be furnished to manufacturer as unless a copy .....

Tags : Supreme Court, Test Reports, Reclassification

Exception from Online Filing of Application under Section 197 and 206C (9) in the cases of NRIs and Resident Applicants(24.12.2018)

The Central Board of Direct Taxes (CBDT) has decided to allow exception from online filing of application under Section 197 and 206C (9) in the cases .....

Tags : Online Filing, Exception, Application, NRIs and Resident Applicants

Amendment in notification No. 50/2017-Customs, dated the 30th June, 2017(07.09.2020)

In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962) and sub-section (12) of section 3 of the Cu.....

Tags : Public interest, Amendment, Notification

Del. HC Upholds Rules Barring Retired Judges of Other States from Applying for Sr. Adv. Designation(28.03.2025)

The Delhi High Court has upheld the constitutional validity of Rule 9B of the High Court of Delhi Designation of Senior Advocate Rules, 2024, prohibit.....

Tags : High Court of Delhi Designation of Senior Advocate Rules, 2024, Delhi High Court

Delhi HC Decides Upon When Hyperlinking of Publication Would Amount to Republication(28.03.2025)

Delhi HC observed, "if the hyperlinking of publication is done in a manner in which it refers to the content that conveys defamatory meaning, not beca.....

Tags : Hyperlinking, Defamation, Republication

SC: 'Moratorium' of 1 Year Cannot be Imposed by High Court to Apply for Bail Afresh(28.03.2025)

Supreme Court, while setting aside a condition imposed upon a bail applicant by the Patna HC stating that the accused can only seek bail afresh after .....

Tags : Bail, Moratorium, Fresh application

NCLAT: In absence of privity of contract, application u/s 9 of IBC not maintainable(28.03.2025)

The National Company Law Appellate Tribunal (NCLAT) has observed that where there is no privity of contract or any sort of Debtor-Creditor relationshi.....

Tags : Privity of contract, Maintainability of application, Debtor-Creditor relationship, the Insolvency and Bankruptcy Code, 2016

Delhi HC: Delay in Publication of Award Doesn’t Invalidate the Award(02.04.2025)

Delhi High Court has observed that delay in publication of award does not render the award invalid unless it is shown that rights of the parties are m.....

Tags : Delhi High Court, Publication of Award, Invalid

SC: No Rule that Candidates with Higher Qualification Must be Preferred for Post(03.04.2025)

Supreme Court has observed that there is no general rule that candidates having higher qualification must be preferred over candidates having basic qu.....

Tags : Supreme Court, Higher Qualification, Basic Qualification

SC: No Party Ought to be Vexed Twice in a Litigation for One and the Same Cause(22.09.2023)

Supreme Court has observed that the doctrine of Res Judicata is based on public policy flowing from the age-old legal principle that in the interest o.....

Tags : Supreme Court, Res Judicata, Litigation

SC: Automatic Vacation of Stay After Six Months Requires Re-Consideration(27.09.2023)

Supreme Court has observed that its order in Asian Resurfacing of Road Agency v. CBI (MANU/SC/0308/2018) directing automatic vacation of stay granted .....

Tags : Supreme Court, Automatic Vacation, Re-Consideration

Del. HC: Accrual of Cause of Action at a Place is not a Consideration for Determining Jurisdiction(29.09.2023)

Delhi High Court has held that accrual of cause of action at a place for pursuing a substantive legal action is not a consideration for determining ju.....

Tags : Delhi High Court, Jurisdiction, Location

NCLAT: When No Objections Raised by Stakeholders Adj. Authority Not Justified in Rejecting Plan(23.05.2025)

NCLAT New Delhi bench has held that the Adjudicating Authority cannot reject the Resolution Plan under section 31 of the Insolvency and Bankruptcy Cod.....

Tags : NCLAT New Delhi, Adjudicating Authority, Corporate Debtor

SC: Res Judicata Applies to Impleadment Proceedings Under Order I Rule 10 of the CPC(26.05.2025)

Supreme Court while stating that the principle of res judicata applies to impleadment proceedings, has held that if a party has been given an opportun.....

Tags : Supreme Court, Res Judicata, Impleadment Proceedings

Supreme Court Seeks Centre’s Views on Reforms in the Sex Education Policy(26.05.2025)

Supreme Court while hearing a matter relating to conviction of a man under the POCSO Act, 2012, has sought Central Government’s views on reforms in th.....

Tags : Supreme Court, POCSO Act 2012, Sex Education Policy

Clarification pursuant to Circular dated September 11, 2020-Regarding Asset Allocation of Multi Cap Schemes of Mutual Funds(13.09.2020)

SEBI's 2017 circular on scheme categorization sought to achieve two objectives:

- True to Label schemes: The portfolio should reflect the na.....

Tags : Clarification, Asset Allocation, Multi Cap Schemes

SC: When Appointing Authority Accepts Equivalence of Qualification, Courts should Avoid Interference(24.02.2025)

SC has held that in circumstances where the appointing authority has not objected to the qualifications of the candidate and there is no apparent or g.....

Tags : Supreme Court, Appointing Authority, Qualifications

NCLAT: Can’t Question Order Approving RP When Application Seeking Approval Filed within Time(03.03.2025)

NCLAT New Delhi bench has held that when an order approving the Resolution Plan (RP) is passed by the Adjudicating Authority after expiry of 330 days .....

Tags : NCLAT New Delhi, Resolution Plan, Adjudicating Authority

Ker. HC: Order of AG Declining Sanction for Criminal Proceedings is Not Justiciable(04.03.2025)

Kerala High Court has held that Advocate General refusal of granting sanction for initiation of criminal contempt proceedings under Section 15(1) of t.....

Tags : Kerala High Court, Advocate General, Criminal Proceedings

SC Warns States/UTs for Not Forming Expert Committees for Identification of Forest Areas(05.03.2025)

SC has directed all states/UTs in which expert committees for identification of forest areas have not been constituted, to constitute such committees .....

Tags : Supreme Court, Expert Committees, Identification of Forest

NCLAT: Can’t Lay Down Straight Jacket Formula for Adjudication of Application u/s 12A of IBC(10.03.2025)

NCLAT New Delhi bench has held that for adjudication of application under Section 12A of Insolvency and Bankruptcy Code, 2016 by the Adjudicating Auth.....

Tags : NCLAT New Delhi, Straight Jacket Formula, Adjudication of Application

Bombay HC Upholds Suspension of TISS Student for Participating in Anti-National' Activities(13.03.2025)

The Bombay High Court has upheld the suspension of a Tata Institute of Social Sciences (TISS) PhD student, Ramadas KS, who was debarred for 2 years fo.....

Tags : Bombay High Court, National Education Policy, Tata Institute of Social Sciences

Kerala HC: Head of Edu. Institution Liable if Students Are Carried in Tourist Buses Violating Norms(12.10.2022)

Kerala High Court has held that head of educational institution would be liable if any tourist bus, which does not meet the safety standards and stand.....

Tags : Kerala High Court, Educational Institution, Bus

SC: If Number of Technically Qualified Bidders is Less Than 3, State can Annul Tender Notification(22.11.2023)

Supreme Court while referring to Rule 9(10) of the Mineral (Auction) Rules held that where the minimum number of qualified bidders is not available (i.....

Tags : Supreme Court, Tender Notification, Bidder, Annulment

Del. HC: Section 76(3) TM Act Doesn’t Require Both the Rival Marks to be Registered CTMs(23.11.2023)

Delhi High Court while enunciating ingredients to arrive at a satisfaction that a Certification Trade Mark (CTM) had been infringed, has observed that.....

Tags : Delhi High Court, Certification Trade Mark, Infringement

SC Expresses Reservation with Precedent Limiting Scope of High Courts in Deciding Discharge Appln(30.11.2023)

Supreme Court has expressed reservations with the precedent in Minakshi Bala v. Sudhir Kumar (MANU/SC/0702/1994), which limited/restricted the scope o.....

Tags : Supreme Court, Discharge Application, Precedent

Ker. HC: Elected Party Members Supporting Opposite Party are Liable for Disqualification(30.11.2023)

Kerala High Court has held that if the conduct of a particular member indicates that he had, after being elected under the banner of one party, suppor.....

Tags : Kerala High Court, Disqualification, Elected Member