Search Results for Tag : Cause
Notifications & Circulars
Clarifications on Finance Act, 1994 and Central Excise Act, 1944(18.08.2015)
The Central government issued clarifications with regard to detections made during audit, investigation or scrutiny. The clarifications relate to the.....
Tags : Show cause notice, service tax
Judgments
When a decree or order is of High Court and an appeal is to be filled in same court, period of limitation is of 30 days from date of decree or order(09.03.2017)
Appeal has been filed challenging judgment passed by a Single Judge whereby the arbitral award passed by sole arbitrator was upheld. Along with said a.....
Tags : Delay, Condonation, Sufficient cause
Mere presence of a body on railway premises will not be conclusive to hold that, injured or deceased was a bona fide passenger for compensation claim(09.04.2019)
The Applicant has filed present claim petition under Section 16 of the Railway Claims Tribunal Act, 1987 seeking compensation for an amount of Rs. 4,0.....
Tags : Cause of death, Proof, Compensation, Entitlement
To have territorial jurisdiction at Delhi, whole or part of cause of action would have to accrue at Delhi(19.12.2016)
Present writ petition impugns orders passed by Respondent/Central Bank of India/ employer whereby Petitioner has been inflicted punishment of dismissa.....
Tags : Proceedings, Jurisdiction, Cause of action
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
In absence of complete cause of action for declaring election of returned candidate to be void, election petition is to be summarily dismissed without trial(11.02.2020)
Present election petition filed under Section 80 read with Section 100(1) of the Representation of the People Act, 1951 challenges the election of the.....
Tags : Non-compliance, Provisions, Cause of action, Absence
Application for setting aside of the award has to be made within three months after receipt of arbitral award and a further period of thirty days, but not thereafter(04.05.2022)
Appellant impugns order whereby the application filed by the Appellant under Section 34(3) of the Arbitration and Conciliation Act, 1996 (Arbitration .....
Tags : Sufficient cause, Objections, Time period
Word "sufficient cause" should receive a liberal consideration, when delay is not on account of any dilatory tactics(22.04.2022)
Applicant, who is a promoter, has moved present application for condonation of delay of 36 days in filing appeal on the ground that due to surge of se.....
Tags : Delay, Sufficient cause, Condonation
Delay should not be permitted to defeat the rights of a person to approach the Court of law(25.07.2022)
The petition challenges the order passed by University and College Tribunal, whereby the application of the petitioner seeking condonation of delay of.....
Tags : Delay, Condonation, Sufficient cause
Delay can be condoned, only if, Applicant assigns a sufficient cause to the satisfaction of the Appellate Tribunal for not filing the Appeal in time prescribed(21.07.2023)
Present appeal has been filed with an Application for seeking condonation of delay of 13 days in filing the present Appeal. Counsel for the Applicant .....
Tags : Delay, Condonation, Sufficient cause
Suit seeking damages for illegal use of property is maintainable, even after, filing of suit for possession against the same property(30.11.2023)
Challenge in the present appeal is to the order passed by the High Court, vide which the application filed by the Appellants/Defendants under Order VI.....
Tags : Subsequent suit, Cause of action, Maintainability
Administrator may take over management of a school only after giving reasonable opportunity of showing cause against proposed action(07.05.2018)
The Petitioner No. 1/School, which is a private unaided school recognized by the Respondent No. 2/Directorate of Education, and the Petitioner No. 2, .....
Tags : Show-cause notice, Personal hearing, Grant
Cause and reason are immaterial in determining if demand made in nexus of marriage is for dowry(13.08.2015)
Any demand for property or a valuable security, directly or indirectly, that has nexus with marriage would constitute a demand of dowry, regardless of.....
Tags : Dowry, cause, reason, demand
Order of FSSAI banning sale of Maggi Noodles in violation of principles of natural justice(13.08.2015)
The Court held that the FSSAI did not give Nestle adequate opportunity to be heard before imposing a ban on the sale of Maggi Noodles. A show-cause no.....
Tags : Food adulteration, natural justice, show cause notice
News
Supreme Court: Decree Against Plaintiff by Default Bars New Suit on Same Cause of Action(10.09.2019)
Supreme Court has ruled that the decree against Plaintiffs by default bars fresh suit on the same cause of action by their successors in title. The Co.....
Tags : Supreme Court, Cause of Action
Gujarat HC: Issuance of Illusory Pre-Show Cause Notice for Consultation Before Hearing is Arbitrary(27.07.2021)
Gujarat High Court while imposing the cost of Rs. 20,000 on Goods and Service Tax Department held that the Issuance of an illusory Pre-Show-Cause Noti.....
Tags : Gujarat High Court, Issuance of Illusory Pre-Show Cause Notice
ITAT: Non-Issue of Proper Show Cause Notice Can be Fatal to Proceedings Under Income Tax Act(13.06.2022)
Income Tax Appellate Tribunal (ITAT), Ahmedabad bench has held that non-issue of proper show-cause notice can be fatal to the proceedings under the In.....
Tags : ITAT, Income-Tax Act, Show Cause Notice
Delhi High Court Acquits Man of Murdering Wife, Says He Was of Unsound Mind(29.11.2017)
Delhi High Court Acquits Man of Murdering Wife, Says He Was of Unsound Mind
Tags : The bench said that certain circumstances of the case, like the "ghastly manner" in which the woman was killed, which was evident from 24 injuries on the woman's body caused by several household articles, were perhaps "reflective of his chronic mental state".
Even if Injury Caused by Knife is Minor, Accused Deserves Full Punishment: Bombay HC(18.02.2019)
Bombay High Court has refused leniency to a convict, who had injured four persons of a family during a robbery attempt and ruled that just because inj.....
Tags : Bombay High Court, Injury Caused by Knife
Delhi High Court: Litigant Cannot Be Put at Peril For Raising Public Cause(20.11.2017)
Delhi High Court has said while while taking note of a recent assault on two persons, one an elderly woman, who filed PILs against unauthorized constr.....
Tags : Delhi High Court, Litigant, Public Cause
AP HC: Show-Cause Notice is a Superfluous Formality if No Prejudice is Caused(29.07.2022)
Andhra Pradesh High Court has held that while hearing plea opposing termination of lease for non-issuance of show cause notice, has held that mere bre.....
Tags : Andhra Pradesh High Court, Show Cause Notice, Natural Justice
MP HC: Communication of Show-Cause Notice Must be on Revenue’s Website and Not via Email(26.11.2020)
Madhya Pradesh High Court held that the only mode prescribed for communicating the show-cause notice is by way of uploading on the website of the reve.....
Tags : Madhya Pradesh High Court, Communication of Show-Cause Notice
All. HC: Order Passed Cannot go beyond the Show Cause Notice(28.11.2023)
Allahabad High Court has held that in the event a particular case is made out in the show cause notice and the order passed subsequently is beyond the.....
Tags : Allahabad High Court, Show Cause Notice, Natural Justice
SC: In case of Fire Insurance, Precise Cause of Fire is Immaterial if Claimant Didn’t Instigate it(29.11.2023)
Supreme Court has held that in cases of fire insurance the precise cause of a fire, whether attributed to a short circuit or any alternative factor, r.....
Tags : Supreme Court, Fire Insurance, Cause
Criminal Complaints can't be Quashed Just because Allegations Appear to be of Civil Nature: SC(13.02.2019)
Supreme Court has observed that criminal complaints cannot be quashed only on the ground that the allegations made therein appear to be of a civil nat.....
Tags : Supreme Court, Criminal Complaints, Criminal Complaints can't be Quashed Merely Because Allegations Appear to be of Civil Nature
DIRECT TAXATION - Omission by CA Reasonable Cause for Not Claiming Refund in Time: Delhi HC(28.02.2019)
Delhi High Court has held that omission on the part of the Chartered Accountant/ auditor would constitute a reasonable cause delay in claiming the ref.....
Tags : Delhi High Court, Omission by CA Reasonable Cause for Not Claiming Refund in Time
DIRECT TAXATION - Omission by CA Reasonable Cause for Not Claiming Refund in Time: Delhi HC(28.02.2019)
Delhi High Court has held that omission on the part of the Chartered Accountant/ auditor would constitute a reasonable cause delay in claiming the ref.....
Tags : Delhi High Court, Omission by CA Reasonable Cause for Not Claiming Refund in Time
Customs, Excise & Service Tax Appellate Tribunal Mumbai Quashes Show Cause Notice Issued After 5 Year(10.01.2020)
Customs, Excise & Service Tax Appellate Tribunal Mumbai has set aside the order of the Commissioner of Appeals stating that show cause notice issued a.....
Tags : Customs, Excise & Service Tax Appellate Tribunal, Show-Cause Notice
SC: Cause of Action to Plaintiff to File Suit Accrues When There is a Threat to Infringe Right(02.03.2020)
Supreme Court has observed that cause of action to a Plaintiff to file a suit accrues when there is a clear and unequivocal threat to infringe a right.....
Tags : Supreme Court, Cause of Action to Plaintiff
Bombay HC Rejects Petition Challenging Show Cause Notice Issued By Income Tax Department(20.12.2021)
Bombay High Court has rejected a petition filed by Maharashtra Cabinet Minister Chhagan Bhujbal challenging a show cause notice issued by the Income T.....
Tags : Bombay High Court, Show Cause Notice Issued By Income Tax Department
Ensure No Pollution is Caused Due to Immersion of Idols and Religious Festivals: Bombay HC(20.12.2018)
Bombay High Court has issued directions to Nashik Municipal Corporation (NMC) for ensuring that the river Godavari remains pollution-free.
Tags : Bombay High Court, Ensure No Pollution is Caused Due to Immersion of Idols and Religious Festivals
Gujarat HC: SCN for Confiscation of Goods Cannot be Issued on Mere Suspicion(13.11.2020)
Gujarat High Court has held that the Show cause notice for Confiscation of Goods or Conveyances under section 130 of the Central Goods and Services Ta.....
Tags : Gujarat High Court, Show Cause Notice, Confiscation of Goods
Bombay HC: House Inmates’ Silence on Cause of Woman’s Death Held Against Them(20.09.2021)
Bombay High Court observed that house inmates' silence on the cause of a woman's death inside her marital home would be held against them as such inci.....
Tags : Bombay High Court, House Inmates’ Silence on Cause of Woman’s Death
Cal. HC: Supplementary Show Cause Notice an Independent Notice Even if it Relates to Smuggling Case(12.03.2024)
Calcutta High Court has held that even though the term supplementary show cause notice has the word supplementary attached to it, it is actually an in.....
Tags : Calcutta High Court, Show Cause Notice, Independent Notice
CESTAT: Demand of Excise Duty Not Payable on Waste and Scrap Packing Material if Travels Beyond SCN(22.03.2024)
Mumbai Bench of Customs, Excise, and Service Tax Appellate Tribunal (CESTAT) has held that no excise duty is supposed to be paid on waste and scrap pa.....
Tags : Mumbai Bench, CESTAT, Excise Duty, Show-Cause Notice
Allahabad HC: Form GST DRC-01A is Pre-Show Cause Notice Intimation Focusing on Reducing Litigation(21.03.2022)
Allahabad High Court has ruled that Form GST DRC-01A is a pre-show cause notice intimation which focuses on reducing litigation.
Tags : Allahabad High Court, Form GST DRC-01A, Pre-Show Cause Notice
P&H HC: GST Registration Suspension Deemed to be Revoked if SCN Not Decided Within 30 Days of Reply(27.03.2024)
Punjab and Haryana High Court has held that if a show cause notice is not decided within thirty days of filing a reply, the suspension of Goods and Se.....
Tags : Punjab and Haryana High Court, Show Cause Notice, Goods and Service Tax, Suspension
Bom. HC: Show Cause Notice for Contempt Issued Against Individuals Borrowing from NBFCs(27.03.2024)
Bombay High Court has issued show cause notice for contempt proceedings against certain borrowers who after giving a solemn undertaking to the Court, .....
Tags : Bombay High Court, Show Cause Notice, Contempt, Borrowers
JKL HC: Cause of Action Not Generated Merely by Repeated Representation(07.03.2023)
Jammu and Kashmir and Ladakh High Court has held that Cause of Action can’t be generated merely by making repeated representations to the concerned au.....
Tags : Jammu and Kashmir and Ladakh High Court, Cause of Action, Repeated Representation
SC: Facts Relevant for Grant of Relief Gives Rise of Cause of Action(15.03.2023)
Supreme Court while explaining concept of cause of action under Article 226 of Constitution, has observed that only those facts, which are relevant to.....
Tags : Supreme Court, Cause of Action, Facts
SC to Trial Courts: Do Not Mention Caste of Parties in Cause Titles(15.03.2023)
Supreme Court has directed Trial Courts to refrain from continuing practice of adding one's caste next to name in cause titles of judgments.
Tags : Supreme Court, Trial Courts, Caste, Cause Titles
Del. HC: Proper Officer Empowered to Grant Upto 3 Adjournments if Sufficient Cause Shown(30.04.2024)
Del. HC has held that Section 75(5) of the Goods and Service Tax Act, 2017 empowers the proper officer to grant upto three adjournments if sufficient .....
Tags : Delhi High Court, Section 75(5) of GST Act, Sufficient Cause
Delhi HC: Existence of Cause of Action Cannot be Equated with Merits of Suit Filed(12.04.2022)
Delhi High Court has observed that existence of the cause of action cannot be equated with the merits of the suit filed.
Tags : Delhi High Court, cause of action
Del. HC: Requisite Documents Forming Basis of Show Cause Notice Must be Provided to the Party(27.05.2024)
Delhi High Court has observed that all the requisite documents that form the basis of Show Cause Notices by the banks must be provided to the concerne.....
Tags : Delhi High Court, Show Cause Notice, Requisite Documents
Bombay HC: Arbitration Clause Cannot be Defeated by Adding Cause of Action Beyond its Scope(13.04.2020)
Bombay High Court has held that a litigant cannot be permitted to defeat an arbitration agreement by adding a cause of action in the suit which is not.....
Tags : Bombay High Court, Cause of Action Beyond Arbitration Clause's Scope
Meghalaya HC Takes Serious Note of Obstruction Caused to Funeral Of COVID-19 Infected Doctor(17.04.2020)
Meghalaya High Court has taken serious note of the obstruction caused to the funeral of a senior doctor who died due to COVID-19. The Court observed t.....
Tags : Meghalaya High Court, Obstruction Caused to Funeral
SC Holds NHAI Liable to Compensate Death Caused by Failure to Prevent Illegal Mining(16.07.2020)
Supreme Court has upheld an order passed by the National Green Tribunal directing the National Highways Authority of India to pay compensation to lega.....
Tags : Supreme Court, Death Caused by Failure to Prevent Illegal Mining
Delhi HC: Occurrence of Cause of Action Determining Factor to Attract Jurisdiction of Court(09.07.2021)
Delhi High Court has reiterated that the occurrence of cause of action at a place is a determining factor both under section 20 of the Code of Civil P.....
Tags : Delhi High Court, Occurrence of Cause of Action
HP HC: Not Responding to Show-Cause Notice Implies Acquiescence to Contents Thereof(15.09.2020)
Himachal Pradesh High Court has held that not responding to a Show-cause notice without any reasonable cause implies acquiescence to the contents ther.....
Tags : Himachal Pradesh High Court, Show Cause Notice
Madras HC Allows AO to Issue SCN Calling for Objections on ITC(15.09.2020)
Madras High Court has allowed the Assessing Officer (AO) to issue a show-cause notice to the Petitioner calling for his objections with regard to “Inp.....
Tags : Madras High Court, Show Cause Notice
Kerala HC: Where Wife Refuses to Resume Marital Relationship Without Reasonable Cause(03.08.2021)
Kerala High Court has held that when the appellant-husband makes an offer to resume the marital relationship, and the respondent-wife resists without .....
Tags : Kerala High Court, Marital Relationship Without Reasonable Cause
CESTAT: Proceeding Can't be Initiated When Excise Duty was Paid Prior to Issuance of Notice(25.05.2022)
Customs, Excise and Service Tax Appellate Tribunal (CESTAT), Kolkata Bench has held that the authorities has no jurisdiction to initiate proceedings a.....
Tags : CESTAT, Excise Duty, Show Cause Notice
Karnataka HC: Arbitration Relating Third Parties and Leading to Other Proceedings Inarbitrary(29.04.2022)
Karnataka High Court has held that reference of a dispute to arbitration cannot be permitted if it would lead to splitting up of the cause of action a.....
Tags : Karnataka High Court, cause of action, arbitration
SC: ‘Cause of Delay’ to be Considered While Examining Application for Condonation of Delay(07.08.2024)
SC has held that while examining the plea for condonation of delay, it is the cause for delay which has been propounded, will have to be examined. If .....
Tags : Supreme Court, Condonation of Delay, Cause of Delay
Delhi HC: Penalty Order, SCN Issued in the Previous Name of Company is Merely a Clerical Error(14.11.2024)
Delhi High Court has clarified that Show Cause Notice issued and the Penalty Order passed in the previous name of the company is merely a clerical err.....
Tags : Delhi High Court, Show Cause Notice, Clerical Error
MP HC: Separate Show-Cause Notice Liable to be Issued for Blacklisting or Suspension of Registration(17.10.2024)
MP HC while quashing suspension of registration of a contractor with State PWD has observed that blacklisting or suspension can be done simultaneously.....
Tags : MP High Court, Show-Cause Notice, Suspension of Registration