Search Results for Tag : P

Events

Conflict of interest: CCI members attend Assocham conference(07.08.2015)

Members of the Competition Commission of India participated in a conference organised by parties that have cases pending before the Commission. Held, .....

Tags : competition, conflict of interest

Manupatra Webinar: Making best of Act Search(10.09.2015)

Registration for Manupatra's Webinar on the 10th of September, 2015 is open. Conducted from 4.00pm to 4.30pm, the talk will focus on making best use o.....

Tags : Webinar, 10, september, 2015

Ask the Experts: Your Questions Answered(26.11.2015)

Enrollment for Manupatra's Webinar on the 26th of November, 2015 will open soon. The session will focus on addressing user queries and streamlining yo.....

Tags : Manupatra, webinar, 2015, november

Ask the Experts: Your Questions Answered(22.09.2015)

Enrollment for Manupatra's Webinar on the 22nd of September, 2015 is open. Conducted from 11.00am to 11.30am, the session will focus on addressing que.....

Tags : Manupatra, webinar, ask the experts

Manupatra Webinar: Useful Tips - Part II(12.01.2016)

Enrollment for Manupatra's Webinar on 12th January, 2016 is nearly concluded. The session will focus on addressing user queries and streamlining your .....

Tags : Webinar, January, useful tips

Manupatra Webinar: Refine Your Search(03.11.2015)

Registration for Manupatra's Webinar on the 3rd of November, 2015 is nearly closed. Conducted from 11.30am to 12.00pm, the session will show you how t.....

Tags : Webinar, Manupatra, November, 2015, search

Manupatra Webinar: What's new on Manupatra(27.08.2015)

Registration will soon close for the Webinar on the 27th of August, 2015. Conducted from 5.30pm to 6.00pm, the Webinar will introduce e-attendees to n.....

Tags : webinar, manupatra, august, 2015

Statute

Drugs and Cosmetics (Amendment) Bill 2013 shelved(22.06.2016)

The Union Cabinet approved withdrawal of the Drugs and Cosmetics (Amendment) Bill 2013 from the Rajya Sabha.

Having been sent for examinat.....

Tags : Drugs and cosmetics, pharmaceutical, clinical trials

Telecom companies to compensate for dropped calls from 2016(16.10.2015)

The Telecom Regulatory Authority of India introduced the The Assisted Reproductive Technology (Regulation) Bill, 2014(30.09.2015)

The Assisted Reproductive Technology (Regulation) Bill proposes establishment of National State Advisory Boards for the regulation and supervision of .....

Tags : Surrogacy, reproduction, assisted, technology, bill

Real estate bill passed, aadhaar number changes rejected(15.03.2016)

The Parliament kept up its newfound legislation fervour, approving the Real Estate (Regulation and Development) Bill, 2016, which aside from providing.....

Tags : Parliament, legislation, budget 2016, companies amendment

Budget: It’s that time of 2016(22.02.2016)

The Parliament’s 2016 Budget Session may prove a misnomer yet what with 16 Bills waiting in the wings and another two to be introduced. Amongst the ne.....

Tags : Budget 2016, bills, pending, introduced

Consumer Protection Bill, 2015(10.08.2015)

The government introduced the Consumer Protection Bill, 2015 in the Lok Sabha on 10.08.2015. The Bill aims to provide protection of the interests of c.....

Tags : consumer protection bill, 2015

The High Court and The Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill, 2015(13.08.2015)

The Government introduced 'The High Court and the Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill, 2015' in the Lok Sabha on .....

Tags : supreme court, high court, salary

The High Court and The Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill, 2015(13.08.2015)

The Government introduced a Bill in the Lok Sabha to further amend the High Court Judges (Salaries and Conditions of Service) Act, 1954 and the Suprem.....

Tags : high court, supreme court, judges, salaries

Geospatial Information Regulation Bill, 2016(04.05.2016)

India’s Geospatial Information Regulation Bill 2016 may .....

Tags : geospatial, cartography, online map, jammu and kashmir, arunachal pradesh

Public Procurement Bill reinvigorated for 2015(16.11.2015)

The Central Government is set to re-introduce the Public Procurement Bill, 2012 to Parliament, albeit with a few changes. Earlier in the year, the Min.....

Tags : Public procurement, bill, 2015

Draft Patent (Amendment) Rules, 2015(19.11.2015)

The Ministry of Commerce and Industry has released draft Rules amending Patent Rules, 2003. Suggestions and objections on the draft Rules are being re.....

Tags : Patent, rules, draft amendment, 2015

Model Shops and Establishments (Regulation of Employment and Conditions of Service) Bill, 2016(29.06.2016)

The Union Cabinet looked into disseminating the Model Shops and Establishment (Regulation of Employment and Conditions of Service) Bill, 2016 to State.....

Tags : labour, retail, operational freedoms, night shift

Enemy Property (Amendment and Validation) Ordinance, 2016(08.01.2016)

The President has promulgated the Enemy Property (Amendment and Validation) Ordinan.....

Tags : Ordinance, Enemy property, succession

More Bills to add to Parliament's backlog(05.12.2015)

The government introduced an additional 11 Bills to Parliament: four in the Lok Sabha and seven bound for the Rajya Sabha. The Bills are in addition t.....

Tags : Parliament, backlog, introduction, bills

Atomic Energy (Amendment) Bill, 2015(07.12.2015)

A Bill, amending the Atomic Energy Act, 1962 has been introduced in the Lok Sabha. The

Tags : Unregulated deposits, pyramid schemes,

Draft Mines and Minerals (Development and Regulation) (Amendment) Bill, 2016(11.01.2016)

Ministry of Mines has released draft Act, 2016 to amend the Mines and Minerals (Development and Regulation) Act, 1957. Comments and suggestions on the.....

Tags : Captive mining lease, auction, transfer

Lokpal and Lokayuktas (Amendment) Act, 2016(27.07.2016)

The Lokpal and Lokayuktas (Amendment) Bill, 2016 has received Presidential assent on 29th July, 2016 and has become Lokpal and Lokayuktas (Amendment).....

Tags : Public servants, Assets, Declaration, Time Limit

Lokpal and Lokayuktas (Amendment) Act, 2016(27.07.2016)

The Lokpal and Lokayuktas (Amendment) Bill, 2016 has received Presidential assent on 29th July, 2016 and has become Lokpal and Lokayuktas (Amendment).....

Tags : Public servants, Assets, Declaration, Time Limit

Houses of Parliament pass several Bills(14.03.2016)

The Lok Sabha and Rajya Sabha kept up frenetic legislative activity, passing several Bills in the ‘first half’ of the Budget session. Of note is the R.....

Tags : Budget session, 2016, parliament, legislation

Real estate bill passed, aadhaar number changes rejected(15.03.2016)

The Parliament kept up its newfound legislation fervour, approving the Real Estate (Regulation and Development) Bill, 2016, which aside from providing.....

Tags : Parliament, legislation, budget 2016, companies amemendment

Others

PF Settlement Made Quicker(11.08.2015)

The Government of India has granted authorization to market transportation fuels, namely, MS, HSD and ATF to the new entrants including the private s.....

Tags : epfo, social security, india, canada, austria

Parameters for Splitting of GST Revenue Between Centre and States(11.08.2015)

Under the proposed General Sales Tax regime, the Centre would levy and collect Central Goods and Services Tax, and States would levy and collect the S.....

Tags : general sales tax, levy, apportion

Employees Pension Scheme(10.08.2015)

The Minister of State for Labour and Employment stated the government had constituted an Expert Committee to review Employees' Pension Scheme, 1995 wh.....

Tags : pension, employees, provident fund

Programmes for skill development and provision of apprenticeships(13.08.2015)

To provide skill training on a large scale, the government has introduced the 'Pradhan Mantri Kaushal Vikas Yojana' and 'Apprentice Protsahan Yojana'.....

Tags : scheme, workforce, skill, development

Report on the working of the Reserve Bank of India for the year ended June 30, 2015(01.01.1900)

The Reserve Bank of India released its Annual Report 2014-15. The Report provides an overview on various aspects of the Indian economy. It also descri.....

Tags : rbi, annual report, 2014, 2015

Law Commission Report No. 260 analysing draft model Indian bilateral investment treaty(28.08.2015)

The Law Commission released its 260th Report on 'Analysis of the 2015 Draft Model Indian Bilateral Investment Treaty'. The bi-lateral investment treat.....

Tags : Law commission, report, 260

Law Commission Report No. 259 on Early Childhood Development and Legal Entitlements(01.01.1900)

The Law Commission released Report No. 259 on early childhood development analysing and debating legal entitlements to nutrition that will benefit dev.....

Tags : law commission, report, 259

Law Commission Report No. 258 on Prevention of Bribery of Foreign Public Officials and Officials of Public International Organisations—A Study and Proposed Amendments(01.01.1900)

The Law Commission released Report No. 258 examining various international regiames and their approaches in preventing bribery of foreign public offic.....

Tags : law commission, report , 258

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

Not requiring wilful defaulters to snitch on themselves(25.01.1995)

Wilful default - alleging the debtor to have failed paying his or her debts despite the presence of funds - a last resort it may be for the lender, re.....

Tags : Willful default, burden of proof, means

Winding a fine line between ‘public interest’ and interest(02.08.2004)

Tobacco advertising occupies a grey area in the debate on moral policing. On the one hand is consumer will and freedom to consume a legal substance, o.....

Tags : Pan masala, public interest, ban, state

Winding a fine line between ‘public interest’ and interest(02.08.2004)

Tobacco advertising occupies a grey area in the debate on moral policing. On the one hand is consumer will and freedom to consume a legal substance, o.....

Tags : Pan masala, public interest, ban, state

Party partaking in arbitration waives right to object validity(21.02.2002)

By participating in arbitration proceedings without protest, or objection before a court at the initial stage, a party is deemed to have waived its ri.....

Tags : arbitration, jurisdiction, acquiescence, participation, without protest

Drawing distinction between human and animal life(21.03.1968)

Poaching and hunting animals for game has witnessed only a gradual build up in public ire. Animal life is rarely seen as equatable to human life, and .....

Tags : firearm, licence, poaching, public safety

How long does a “caretaker” committee function(07.11.1960)

The Supreme Court of India in 1960 was required to answer whether a municipal committee could continue exercise of its authority after the Act by whic.....

Tags : hyderabad, municipal committee, tenure, repeal, ultra vires

Abrogating the right to demonstrations(07.07.1958)

Striking and protesting, recognised as purveyors of social change in the country basically borne from them, are both a scourge and boon. How much so w.....

Tags : Demonstration, freedom of expression, government servant

Saving democracy from itself(07.11.1975)

This Supreme Court decision, arising out of an Allahabad High Court ruling that likely abetted a declaration of emergency, may have saved the nation’s.....

Tags : Indira Gandhi, prime minister, election, malpractice

India’s love affair with speed mountains(01.01.1988)

Creaking springs, broken track rods, bent camber and toe fittings and your ruined back. Indian ‘speed mountains’ - officially called speed breakers - .....

Tags : indian roads congress, speed breakers

Supreme Court clears confusions about infant Rajasthan High Court’s competence(07.10.1965)

Fifty years ago the Supreme Court faced the unique dilemma of telling a still ‘young’ Rajasthan High Court to become besotted with its appellate autho.....

Tags : High court, appeal, finality, rajasthan

Giving a constitutional enactment the widest possible meaning(01.11.1954)

It seems prerequisite that any case seeking to send aftershocks into the legal system should have the word Mafatlal in it. Certainly, Mr. Mafatlal her.....

Tags : Income, constitution, interpretation, widest, natural meaning

No bail for those behind money circulation schemes(23.09.2003)

Ponzi schemes have the benefit of being complex in implementation, but easy in description. Such was one scheme run by ‘Job Work Com. Private Limited’.....

Tags : Pyramid scheme, bail, custody

Supreme Court clears confusions about infant Rajasthan High Court’s competence(07.10.1965)

Fifty years ago the Supreme Court faced the unique dilemma of telling a still ‘young’ Rajasthan High Court to become besotted with its appellate autho.....

Tags : High court, appeal, finality

Wide berth for government to secure extradition(10.01.1969)

Enactment of the Extradition Act 1962 does not prohibit the Indian government from securing extradition of an offender through diplomatic channels.

Tags : extradition, notified country, british possession, diplomatic channels

Warranting appeal from decision of a Single Judge(10.09.1952)

Whether a High Court can sit in appeal against an order passed under Article 226 of the Constitution of India by a Single Judge of the same court has .....

Tags : Single judge, appeal, maintainability, letters patent

Personal laws not disturbed by fundamental rights(24.07.1951)

What could the Bombay High Court have said that stung Finance Minister Arun Jaitley so, leading him to call it “one of the most adverse judgments”. Af.....

Tags : Personal laws, bigamy, fundamental rights, social custom

Trading godly good will(23.08.1967)

Being able to exploit financially intellectual property has been recognised as vital to any country’s success and prosperity. And what prosperity must.....

Tags : Trade mark, ganesh, publici juris, religious

Their right to be loud and your duty to hear(05.03.1974)

Public authorities have a torrid time explaining why loudspeakers are allowed to be used or why sometimes they are not. Permit a screeching amplifier .....

Tags : public nuisance, loudspeaker, ban, kerala

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

International Cases

Duty to secure rights calls for a more proactive role than requirement to respect rights(08.02.2017)

In fact of present case, Appellant lived with his partner for ten years before December 2009. On Christmas Eve, they became engaged. Sadly, Lenny McMu.....

Tags : Scheme, Pension, Eligibility

Distribution of false or misleading information that is capable of harming the business interests of another undertaking' shall be deemed to constitute a deceptive marketing practice(30.03.2018)

The Complainant is a company incorporated under the Companies Ordinance, 1984 in Pakistan since 19 February 1970. It is engaged in the business of pro.....

Tags : Product, Similarity, Contravention

In deciding an appeal, Court may set aside or vary the decision of the Court of Summary Jurisdiction and the sentence imposed(22.03.2019)

The Appellant pleaded guilty in the Magistrate's Court to four charges of trespass and two charges of possessing drug paraphernalia in which there wer.....

Tags : Sentence, Imposition, Legality

Judicial pension scheme is not based upon individual appointments only; it includes a number of different appointments(16.12.2019)

Issue in present appeal is when time starts to run for a claim by a part-time judge to a pension under the Part-time Workers’ Directive, as applied by.....

Tags : Pension, Unequal treatment, Validity

In order to succeed in tort of negligence, it is essential to establish a negligent breach of duty, causation and loss(20.11.2019)

In facts of present case, Mr. Thomas Arthur Watkins lived near Tredegar in South Wales. He was employed by the National Coal Board (later British Coal.....

Tags : Scheme, Benefits, Applicability

A strong likelihood of confusion on part of targeted consumer is central to a determination as to existence of a deceptive marketing practice through fraudulent use of another's trademark(30.06.2016)

In instant case, proceedings initiated pursuant to Show Cause Notices issued to Respondents for prima facie violations of Section 10 of Competition Ac.....

Tags : Contravention, Provisions, Deceptive marketing

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

Impermissible disclosure of confidential information is no less impermissible because information is passed on in confidence, or “off the record”(19.10.2016)

Claim by Ingenious Media and Mr McKenna was brought by way of an application for judicial review, it was a straightforward claim for breach of a duty .....

Tags : Information, Disclosure, Permissibility

Court’s discretion to determine that by whom and to what extent the costs of proceedings are to be paid must be exercised judicially(25.01.2018)

In facts of present case, the Respondent is the operator of a caravan park. The Appellants and the Respondent entered into a tenancy agreement in resp.....

Tags : Cost, Payment, Validity

Openness is not necessarily a statement about visual qualities of land, nor does it imply freedom from all forms of development(05.02.2020)

The short point in present appeal is whether the Appellant county council, as local planning authority, correctly understood the meaning of the word “.....

Tags : Visual impact, Openness, Planning policies

Court is empowered to make an order for pre-action discovery on basis that, Defendant has possession of information that will assist Plaintiff’s case(26.06.2019)

The Plaintiffs have applied for orders for pre-action discovery pursuant to Order 26A Rule 3 of the Rules of the Supreme Court 1971 (RSC). The first .....

Tags : Pre-action discovery, Documents, Discretion

‘Joint enterprise’ Chan Wing-Siu principle takes a turn(18.02.2016)

The British Supreme Court heard appeals against the application of the Chan Wing-Siu principle in establishing the guilt and conviction of the Appel.....

Tags : Criminal, joint enterprise, foresight, intent

Seriousness of offence must be determined by taking into account statutory penalty for offence, circumstances of commission of the offence, any aggravating factors and mitigating factors(01.07.2019)

In present case, the Appellant attempted to possess a prohibited drug, namely cocaine, with intent to sell or supply it to another. On 17 December 201.....

Tags : Possession, Prohibited drug, Sentence, Legality

Sstrict or literal interpretation of provisions has to be consistent with object of Act(10.06.2020)

The appeal concerned the application of Section 34A of the Estate Agency Affairs Act 112 of 1976, which precludes an estate agent from claiming commis.....

Tags : Provision, Applicability, Public interest

Costs of winding up of a partnership are to be paid out of the partnership assets unless there are good reasons to the contrary(18.06.2020)

In present matter, On 11 March 2019 the Plaintiff, in his own capacity and in his capacity as executor of the deceased's estate, brought an applicatio.....

Tags : Winding up, Costs, Assets, Partnership

Test whether a vehicle is designed for use on a road is objective(22.06.2020)

Mr Simphiwe Robert Makutoana (the deceased) was a pedestrian at the Multipurpose Terminal, Cape Town Harbour, when a large industrial vehicle Reach St.....

Tags : Accident claim, Compensation, Nature, Vehicle

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

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

A reasonable suspicion that a thing has been stolen or unlawfully obtained will necessarily fall short of certainty(06.11.2018)

In facts of present case, the Appellant was convicted after trial in the Magistrates Court of a charge of being in possession of a thing capable of be.....

Tags : Suspicion, Conviction, Legality

If a substantial part of the concerned item has been copied then a copyright infringement will be said to have taken place(29.01.2020)

The claimant ('Response') is a company based in Oswaldtwistle, Lancashire. It designs and markets clothing. The Defendant ('EWM') is a major retailer .....

Tags : Copyright Infringement

Relatively low shareholder turnout does not prevent Court from making orders approving a scheme of arrangement(23.01.2020)

The Plaintiff, Pensana Metals Ltd (Pensana), applies for orders approving a proposed scheme of arrangement (Scheme). The Scheme meeting was convened a.....

Tags : Scheme, Arrangement, Approval

Production of notice of assessment is conclusive evidence that the assessment is properly made(07.08.2020)

An application is made by the Plaintiff, the Deputy Commissioner of Taxation, for judgment to be entered against the defendant pursuant to the Rules o.....

Tags : Debt dues, Payment, Recovery

Regulations made under a statute cannot be used to interpret the governing statute(23.05.2020)

The Appellants appeal against an urgent interim interdict issued by the High Court, Pretoria, which prevents the South African Police Service (the SAP.....

Tags : Interim interdict, Implementation, Provision

Grant of probate in solemn form cannot be made simply by consent of the parties(23.07.2021)

The Plaintiff commenced present action by writ for proof of a will in solemn form. The Plaintiff seeks an order that, the last will and testament exec.....

Tags : Probate, solemn form, Grant

Let’s not play, Sony(25.01.2016)

The United States Patent and Trademark Office put to bed Sony’s application to register a trade mark in the prhase ‘Let’s Play’. Previously rejected f.....

Tags : Sony, playstation, lets play, trade mark, us

EPA’s Clean Power Plan suffers setback(09.02.2016)

The United States Supreme Court took the steam out of the Government’s Clean Power Plan halting enforcement of the same. It stayed the “Carbon Polluti.....

Tags : Paris, clean power, carbon emission, supreme court

Attorney is entitled to move single application for the removal of their name from the roll of attorneys and their admission as an advocate(14.12.2020)

In present matter, the Respondents had all been admitted and enrolled as attorneys and wished to be advocates. They relied on Section 115 of the Legal.....

Tags : Enrolment, Legal practitioner, Right

It is necessary to make a restriction order, when Court is satisfied that, a person is a high risk serious offender(25.02.2022)

In present case, On 25 November 2021, the State of Western Australia applied for a restriction order in respect of the Respondent, Jason Guy Hapke, un.....

Tags : Protection, Community, High-risk offender

Court has power to extend time where statutory pre-requisites are met but power must be exercised having regard to interests of all parties affected(16.03.2020)

The Plaintiffs seek relief under Section 1322(4)(d) of the Corporations Act, 2001 from compliance with financial reporting and lodgement obligations .....

Tags : Financial reporting, Time, Extension

The appointment of an interim administrator will only be made if there is sufficient reason to do so(24.06.2021)

In present matter, an application is made on behalf of the first and second Plaintiffs seeking an order appointing them as the joint administrators of.....

Tags : Interim administrator, Appointment, Entitlement

China's new Anti-Unfair Competition laws to aid 'ease of doing business'(25.02.2016)

China’s Legislative Affairs of the State Council released Draft Amendments to the People’s Republic of China Anti-Unfair Competition Law. Promulgated .....

Tags : China, anti-unfair competition, copyright

HMRC gets payday on bankers’ bonuses(09.03.2016)

Hearing a case that ties together the two bugbears of today’s commercial world - executives’ bonuses and offshore companies - the British Supreme Cour.....

Tags : bankers, bonus, purposive approach

Court has the power to interfere with the valuer’s decision in review proceedings(09.12.2021)

The primary issue before the SCA is when parties agree to refer a matter to an expert valuer, whether the valuer is legally permitted to unilaterally .....

Tags : Valuation, Alteration, Proceedings

Application for declaratory relief to validate trading in securities issued without a valid cleansing prospectus can be allowed where no blatant or flagrant disregard of obligations(10.12.2021)

In present case, on 18 November 2021, the Plaintiff, Arizona Lithium Ltd (Arizona), filed an originating process seeking orders under Section 1322(4)(.....

Tags : Trading, Securities, Prospectus

In order to be eligible for declaratory relief, shares must not have been suspended from trading for more than five days in the previous 12 months(22.03.2022)

In present matter, on 1 March 2022, the Plaintiff, Buddy Technologies Limited (Buddy Technologies), filed an originating process seeking orders under .....

Tags : Shares, Sale, Cleansing prospectus

Function of Court is to determine whether there is a genuine dispute, Courts are not expected to undertake an extended inquiry or to weigh the merits of the dispute(27.02.2020)

The Plaintiffs filed an application pursuant to Section 459G and Section 459H of the Corporations Act, 2001 to set aside a statutory demand served by .....

Tags : Dispute, Existence, Statutory demand, Validity

Rate relief is allowed where a dwelling's rateable value is increased by facility required for meeting needs of a person who resides in hereditament and has a disability(09.09.2019)

Mrs Quinn who is a person with a disability for the purposes of Article 31A of the Rates (Northern Ireland) Order 1977 ("the 1977 Order") applied purs.....

Tags : Rate relief, Article, Applicability

A bank which gives a performance guarantee must honour that guarantee according to its terms(13.11.2020)

Appeal was filed by the Joint Venture between Aveng (Africa) Pty (Ltd) and Strabag International Gmbh (the Joint Venture) against the order of the Hig.....

Tags : Beneficiary, Performance guarantee, Payment

Applicant must establish, on balance of probabilities, that Respondent has committed an act of domestic violence(15.07.2022)

The Appellant brought an application for a protection order against the Respondent in terms of Section 4(1) of Domestic Violence Act, 1998 in the Bloe.....

Tags : Domestic violence, Protection, Proof

Likelihood of deception or confusion must be attributable to the resemblance of the marks themselves and not to extraneous matter(26.05.2022)

The Appellant, Open Horizon Ltd, had sought an order interdicting and restraining the Respondent, Carnilinx (Pty) Ltd, from infringing its PACIFIC tra.....

Tags : Infringement, Restraint, Deception

Court can relieve a person from civil liability provided that the person concerned acted honestly(28.01.2022)

The Plaintiff has sought the relief under Section 1322(4)(a) of the Corporations Act, 2001 from compliance with its financial reporting and lodgment o.....

Tags : Compliance with Financial reporting, Civil liability

Burden to prove that ESTA applies in relation to a specific occupier rests on the occupier who invokes the application of the Act(29.04.2022)

The issue in present application for special leave to appeal is whether a community of about 300 people who occupied the Applicant’s property known as.....

Tags : Occupants, Onus, Proof

Discretion may be interfered only if the Court is satisfied that it was not exercised judicially or had been influenced by wrong principles(13.04.2022)

Present appeal arises from a successful application by the Appellants, the Central Energy Fund SOC Limited (CEF) and the Strategic Fuel Fund Associati.....

Tags : Compensation, Decision, Review

The discretion to impose a sentence cannot be appropriately exercised, if the magistrate is under a misapprehension as to what conduct constitutes the offence(15.02.2022)

Present is an appeal against sentence. On 4 January 2022, the Appellant appeared in the Magistrates Court and pleaded guilty to three offences of fail.....

Tags : Direction, Compliance, Sentence

The Trustee has an express power to vary the trusts created(24.06.2022)

By an originating motion filed on 17 May 2022, the Trustee seeks a direction from the court pursuant to Section 92 of the Trustees Act, 1962 (WA), tha.....

Tags : Power, Trustee, Creation

State is liable for any delictual or contractual damage or loss caused as a result of any act or omission in connection with any school activity conducted by a public school(13.02.2023)

The Appellant, the MEC of Education, North West, was found liable in terms of Section 60 of the South African Schools Act, 1998 for damages suffered b.....

Tags : Damages, Liability, Provision

Applicant for grant of special leave to appeal must show that there are special circumstances which merit a further appeal to the court(05.09.2022)

Present is an appeal against the refusal by the high court of the Appellant’s application for leave to appeal to that court against his conviction and.....

Tags : Conviction, Leave to appeal, Grant

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

Arbitration Foundation of Southern Africa Rules did not confer a discretionary power upon the Arbitrator to decide whether to adjudicate the defence of repudiation(31.03.2023)

The second Respondent brought arbitral proceedings against the Appellants. The dispute submitted to arbitration concerned two agreements. In the award.....

Tags : Agreement, Defence, Repudiation

Directors did not have the authority to represent the company in the POCA litigation(01.12.2023)

The Appellant (the company) has been in business rescue in terms of Chapter 6 of the Companies Act, 2008. The fourth and fifth respondents on appeal w.....

Tags : BRPs, Directors, Authority

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

When a corporate trustee enters into external administration, the company's right of indemnity and accompanying equitable lien over the assets of the trust survives the appointment(18.01.2023)

The Plaintiffs, Kimberley Stuart Wallman and Gregory Paul Quin (collectively, the Liquidators) are the liquidators of Goldeagle Nominees Pty Ltd (Gold.....

Tags : Corporate trustee, Right of indemnity,

Once a business rescue plan is accepted, it will be implemented by the business rescue practitioner on the terms stipulated therein(28.04.2023)

The issue before the Supreme Court was whether in business rescue proceedings, Section 153(4) of the Companies Act, 2008 is to be applied after a bind.....

Tags : Business rescue, Proceedings, Offer

An interlocutory order is not appealable unless it disposes of any issue or any portion of the issue in the main action(22.12.2023)

This appeal is against an order of the KwaZulu-Natal Division of the High Court, which dismissed a point in limine to the effect that the first respon.....

Tags : Appeal, Locus standi, Maintainability

A landlord’s hypothec comes into effect the moment rent is in arrears, and is enforceable against the debtor immediately(29.01.2024)

The Appellant, Ergomode (Pty) Limited (Ergomode), instituted legal proceedings by way of notice of motion in the Mpumalanga Division of the High Court.....

Tags : Business rescue, Hypothec, Perfection

In executing a warrant, SARS officials may search anything on the premises identified in the warrant, if they suspect that it contains relevant material(05.03.2024)

The appeal emanated from the High Court and was launched by the first appellant Mr. Kapeel Bechan (Mr Bechan) who is the sole director of the second A.....

Tags : Search, Premises, Warrant

US Court of Appeal holds sequence of yoga poses not copyrightable(08.10.2015)

A Court of Appeal in the United States of America ruled that the sequence used in ‘hot yoga’ classes was a process intended to improve people's health.....

Tags : Copyright, yoga, hot, choreographic

Apple loses patent battle for mobile processors but pays less than expected(16.10.2015)

A jury in Wisconsin has found Apple guilty of infringing patents owned by Wisconsin Alumni Research Foundation, or WARF. It awarded WARF $234 million .....

Tags : Apple, patent, lose, warf, processor, iphone, ipad, million, damages

ECJ keeps door open for deporting asylum seekers(08.03.2016)

If the exodus of asylum seekers from war torn countries into Europe was not a handful, Member States of the European Union are now grasping with the m.....

Tags : Pakistan, safe third country, international protection

A divided legislature, now a divided court(22.03.2016)

“The judgment is affirmed by an equally divided Court”, screams the blankly white sheet of paper announcing the United States Supreme Court’s decision.....

Tags : usa, supreme court, deadlock

ECHR derides pre-trial detention in Russia(24.03.2016)

The European Court of Human Rights rejected the Russian Government’s application to strike part of the case against alleged unjust pre-trial detention.....

Tags : echr, russia, pre-trial detention

ECHR derides pre-trial detention in Russia(24.03.2016)

The European Court of Human Rights rejected the Russian Government’s application to strike part of the case against alleged unjust pre-trial detention.....

Tags : echr, russia, pre-trial detention

Coca Cola’s bottles not recognisable enough(24.02.2016)

The G.....

Tags : Coca cola, bottle, trade mark, relevant public

Conduct of employee must be related to relationship with employer to apportion vicarious liability(02.03.2016)

The British Supreme Court, deciding claims raising questions on vicarious liability of the employer, found that the conduct of the individual has to b.....

Tags : united kingdom, supreme court, vicarious liability, employer

Conduct of employee must be related to relationship with employer to apportion vicarious liability(02.03.2016)

The British Supreme Court, deciding claims raising questions on vicarious liability of the employer, found that the conduct of the individual has to b.....

Tags : united kingdom, supreme court, vicarious liability, employer

There shall be no discrimination on ground of sex either directly, or indirectly by reference in particular to marital or family status(10.08.2016)

Appellant was registered at birth as a man. From 1991, Appellant began to live as a woman. Appellant applied for a state retirement pension, on the fo.....

Tags : Pension, Retirement, Eligibility

A person who suffers damage as a result of malicious prosecution of a civil suit against him is entitled to recover that damage(20.07.2016)

Principal issue in instant appeal is relating to prosecution of civil proceedings in tort of malicious prosecution. Instant appeal is from a decision .....

Tags : Malicious prosecution, Civil suit, Damages

Children must be recognised as rights-holders on their own account and not just as adjuncts to other people’s rights(16.11.2016)

Instant appeal is against an order for deportation of a foreign criminal. Appellant appealed claiming that his deportation would breach his and his ch.....

Tags : Deportation, Breach, Right

If Police Cannot Lawfully Arrest and Detain a Person for a Relatively Short Time, Ability of Police to Perform their Duty Would be Severely Hampered(15.02.2017)

Four appellants were part of a larger group of claimants, but it was agreed before the Court of Appeal that their cases should be treated as test case.....

Tags : Detention, Validity, Police, Power

Hurtful or not, free speech is free(22.12.2015)

The United States Court of Appeals for the Federal Circuit ruled Section 2(a) of the Lanham (Trademark) Act,

Tags : Shareholding Agreement, Contravention, Provision

In matrimonial disputes, a spouse may have an obligation to make provision for the payment of other expenses; but an obligation to duplicate it in circumstances is most improbable(18.07.2018)

In facts of present case, Mr Mills (“the husband” notwithstanding his divorce from Mrs Mills, “the wife”, in 2002) appeals against an order for upwa.....

Tags : Periodical payments, Discretion, Obligation

Trustees are not empowered to adopt an index other than RPI unless RPI had been discontinued as an officially published index and replaced(07.11.2018)

Present appeal raises a question of interpretation of a clause in a pension scheme trust deed which defines the phrase “Retail Prices Index” and which.....

Tags : Pension scheme, Clause, Interpretation

Person asserting breach must show that, there are substantial grounds for believing that he faces real risk of being subjected to treatment contrary to Article 3 of Convention(28.06.2017)

Respondent was convicted by District Court of Taipei of driving under influence of alcohol, negligent manslaughter and leaving scene of an accident. P.....

Tags : Extradition, Validity, Convention, Compliance

Injunction is available to prevent an executor distributing whole or part of a deceased estate and in such case standard principles applicable to interlocutory injunctions apply(22.01.2019)

The Plaintiff is seeking relief under the Family Provision Act 1972 (WA) from the estate of Christoniki James (the deceased). The matter is well advan.....

Tags : Property , Sale, Injunction, Grant

Liability in tort, delict or quasi-delict can only arise, if a causal connection can be established between damage and event in which that damage originates(21.03.2018)

In facts of present case, between May 2005 and February 2009, Mr. Mukhtar Ablyazov was the chairman and controlling shareholder of the claimant, a ban.....

Tags : Conspiratorial agreement, Damages, Jurisdiction

Courts cannot be compelled to take a rigorous and technical view of appointment process(02.05.2019)

In present case, the Plaintiffs sought a declaration confirming their appointment as administrators of Traditional Therapy Clinics Ltd (In liq) (Compa.....

Tags : Appointment, Administrators, Declaration

When law required a thing to be done in a particular manner, same must be done accordingly, and, if prescribed procedure was not followed, it was assumed that, it had not been legally done(14.03.2018)

In facts of present case, 'Complainant' filed a complaint with Commission for alleged violations of Section 10 of Competition Act, 2010/Act. Complaina.....

Tags : Enquiry, Initiation, Powers, Commission

A document is restricted information, if the disclosure of same could reasonably be expected to frustrate the deliberative process of the Competition Commission(13.10.2017)

The initial complaint was submitted to the Commission by Mr Parsons ("the Parsons complaint") wherein he alleged that the tyre manufacturers simultane.....

Tags : Litigation privilege, Documents, Disclosure, Protection

While an appeal to Court of Appeal is by way of rehearing, a trial judge’s findings of fact should not be overturned simply because Court of Appeal would have found them differently(05.12.2018)

Present appeal is about the burden of proof in actions against a shipowner for loss of or damage to cargo. The six claimants were the owners and bill .....

Tags : Consignment, Damage to cargo, Burden of proof

Every disposition made after the commencement of the winding-up is void, unless the court had ordered otherwise(13.10.2022)

The appeal addressed the remuneration of fees of business rescue practitioners in respect of work performed after an application to convert business r.....

Tags : BRP, Payment, Validity

In a trial involving a charge of murder, the magistrate shall be assisted by assessors unless the accused requests that the trial may proceed without assessors(23.06.2023)

In facts of present case, Pillay had been charged with murder before the Regional Court. He was convicted. Pillay appealed to the high court against h.....

Tags : Conviction, Compliance, Provision

Gambling tax is payable in respect of freeplay credits(04.09.2023)

The Board, together with Sun International Subsidiaries Grand west and Golden Valley casinos approached the Western Cape High Court for resolution of .....

Tags : Assessment, Gambling tax, Payment

Court has a discretion to order an inspection if good faith and proper purpose is proved(13.06.2023)

By originating process filed 13thDecember, 2022, the Plaintiff sought an order pursuant to Section 247A of the Corporations Act, 2001 authorising the .....

Tags : Inspection, Records, Entitlement

Court can make a winding up order on the just and equitable ground by reason of mismanagement or lack of confidence in the conduct and management of the company's affairs(01.07.2022)

By originating process which was amended on 14 February 2022, the Plaintiff seeks orders under the Corporations Act ,2001 for the reinstatement of Inf.....

Tags : Winding up, Reinstatement, Grant

Clauses in which the annexures were mentioned had to be read not in isolation, but as part of the whole agreement(20.02.2023)

The issue in the appeal was whether an agreement concluded between the appellant, the first respondent and the second respondent was: (a) void for vag.....

Tags : Agreement, Clauses, Implementation

Imposition of a life sentence is not to be departed from ‘lightly and for flimsy reasons which could not withstand scrutiny’(14.03.2024)

The order of the high court was substituted with an order dismissing the appeal against the sentence imposed by the regional court, and reinstated the.....

Tags : Life imprisonment, Imposition, Legality

If an undertaking is clear and unambiguous, a failure to obey it will constitute contempt(02.09.2022)

The applicant, the Attorney General, seeks orders that the first contemnor, Robert Noel Morrison (Mr. Morrison Snr.), and the second contemnor, Robert.....

Tags : Undertaking, Contempt, Conviction

Olympus’ ‘3D’ mark rejected(17.12.2015)

The General Court of the European Court of Justice

Tags : Cheating, Public revenue, Secret profits

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

Accused cannot be convicted of the charge unless the State has proven the accused's guilt beyond a reasonable doubt(30.03.2022)

The prosecution's case against the accused was that he entered into a bail undertaking on 25 August 2021 and that he was granted a bail extension on 1.....

Tags : Bail, Undertaking, Appearance

Insured persons are under a duty to act in good faith in their dealings with insurers(14.06.2023)

The issue before the Supreme Court was whether Discovery Limited (Discovery) was entitled to terminate the insurance policy with retrospective effect .....

Tags : Insurance policy, Refund, Moneys

Section 31 of the Insolvency Act serves as a sword for the liquidator in winding up the insolvent estate, rather than a shield for third parties in subsequent litigation(09.02.2024)

The Appellant, Mr. Chaim Cohen (Mr Cohen), seeks to avoid liability under a deed of suretyship executed in favour of the Respondent, Absa Bank Limited.....

Tags : Surety, Liability, Payment

Interference would be called for, if the exercise of the discretion was based on a misdirection of fact or a wrong principle of law(18.05.2023)

Present is an appeal by the Commissioner for the South African Revenue Service (SARS) against an order setting aside the winding-up of Regiments Capit.....

Tags : Winding up, Discretion, Solvency

An application for a request for further particulars is purely interlocutory(19.04.2024)

In present case, the Respondent launched divorce proceedings in the regional court. In addition to defending the matter, the appellant instituted a co.....

Tags : Spousal maintenance, Particular, Furnishing of

Court must consider the factual matrix of the dispute in order to be satisfied whether sufficient reason exists to wind up the company(01.06.2023)

Present is an application by the Plaintiff for an order under Section 461(1)(k) of the Corporations Act, 2001 that the first defendant, KVG Contractin.....

Tags : Dysfunction, Winding up, Discretion

Homes built for sale to be treated the same way as homes built for lease(21.06.2019)

The Respondent, Xantha Properties 18 (Pty) Ltd, carries on business in the building construction industry. It embarked upon the construction of a prop.....

Tags : Provision, Applicability, Enrolment fee

To maintain suit under Article III of US Constitution, it has to be established that sufficient injury in commercial terms has been caused to complainant(17.11.2023)

This case pits real lawyers against a robot lawyer. Defendant DoNotPay, Inc. (“DNP”), is an online subscription service that touts its robot lawyer’s .....

Tags : Robot lawyer, Real lawyer, DoNotPay Inc., MillerKing, Inc

To succeed in obtaining relief in terms of Section 163 of Companies Act, the applicant must prove to the court that the relevant conduct complained was of oppressive or unfairly prejudicial(28.02.2024)

Present litigation emanates from an acrimonious relationship between two directors and shareholders of a small private company. The applicant, who is .....

Tags : Powers, Director, Conduct

While calculating limitation period in a midnight deadline case, there is complete undivided day following the expiry of deadline which has to be included in the same(21.05.2021)

The Appellants are the present trustees of a Trust (the “Trust”). They replaced the Respondents. Further the Trust had a share in a company called Cat.....

Tags : Midnight deadline, Limitation period

Where a Master admits a claim, it cannot subsequently alter the decision(18.10.2023)

Present appeal emanated from an order of the high court that, the Appellants were not entitled to contest the claims proved by the Eastern Cape Develo.....

Tags : Disposition, Assets, Claim

Prescription begins to run, when the creditor has the minimum facts necessary to institute action(04.10.2023)

The matter concerned the prescription of a claim which Mr. and Mrs. Mokhethi (the Respondents) had instituted against Mr. and Mrs. Stemmet (the appell.....

Tags : Prescription, Claim, Defects

Court must not grant leave to appeal unless a ground has a reasonable prospect of success(25.09.2017)

The Appellant seeks leave to appeal against a conviction for being a reportable offender who, without reasonable excuse, failed to comply with his rep.....

Tags : Obligation, Report, Reasonable excuse

Tender process is designed to induce competition in a very structured way by facilitating independent conduct of potential service providers(03.10.2018)

Present matter concerned a complaint referral by Competition Commission against two firms active in provision of brand activation services: Geometry G.....

Tags : Anti-Competitive Agreement, Contravention, Provisions

Inspection should only be refused if the redacted paragraphs are manifestly irrelevant(19.03.2018)

In present case, on 8 February 2018, the Plaintiff issued a subpoena to Mr Simon Guy Theobald, former administrator of the Defendant, requiring produc.....

Tags : Amending Agreement, Unredacted version, Inspection

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

Public law acts were to be regarded and relied upon as lawful unless and until they were set aside by Courts(27.09.2018)

Appeal was against decision of Tribunal which it handed down on 2 June 2017. Tribunal's decision related to a special plea taken by both Goodyear Sout.....

Tags : Complaint referral, Compliance, Provisions

Court may terminate an order made by Tribunal only if it considers that order was wrong(08.09.2016)

Claimant is a trainee doctor who, at a hearing held in private before Interim Orders Tribunal ("IOT") of Medical Practitioners' Tribunal Service ("MPT.....

Tags : Criminal Proceedings, Interim suspension, Public confidence

The Commissioner may initiate a complaint against an alleged prohibited practice(14.02.2018)

Present is an application for a dismissal of a complaint referral brought at the instance of the third respondent Omnia Fertilizer Limited ("Omnia"). .....

Tags : Compliant Referral, Tacit initiation, Validity

A private company running on commercial lines is not entitled to exemptions under Section 10 Income Tax Act(20.11.2020)

The Appellant, City Power Soc Limited (City Power), is a state-owned company that is wholly owned by the City of Johannesburg (the City). In 2014, it .....

Tags : Assessments, Exemption, Applicability

Prescription shall commence to run as soon as the debt is due(21.09.2020)

Present case is about whether or not a claim to divide the fruits of a universal partnership can prescribe in terms of the Prescription Act 68 of 1969.....

Tags : Universal partnership, termination, Prescription

Discrimination on grounds of religious belief and political opinion is unlawful(17.12.2018)

The claimant was employed by the Respondent on a regular but not formal basis from March 2016 until 16 May 2016, on which latter date he signed a cont.....

Tags : Discrimination, Termination, Compensation

Application to reopen a case under same case number on same pleadings in order to thwart prescription is not permissible(20.04.2020)

The central issue in present appeal is whether, after an order of absolution from the instance at the end of a trial, the Appellant, Liberty Group Lim.....

Tags : Case re-opening, Entitlement

Order under Section 1322(4)(c) of the Corporations Act can be passed if the person to be relieved from civil liability acted honestly(09.01.2024)

In present matter, on 8 December 2023, the Plaintiff, Enova Mining Ltd (Enova), filed an originating process seeking orders under Section 1322(4)(a) o.....

Tags : Liability, Provision, Applicability

Court has power under Section 25(9) of the Supreme Court Act, to appoint a receiver where it appears to be just and convenient(20.12.2023)

In facts of present case, the first Plaintiff, Jennifer Elizabeth Low, was appointed as liquidator of the second plaintiff, Midwest Marine Pty Ltd (Li.....

Tags : Appointment, Liquidator, Power

If provision gave no power to grant permission in form described, then, there is no valid grant(03.07.2019)

Present appeal concerns the permitted uses of a retail store in Streatham in the area of the London Borough of Lambeth (“the Council”). Planning permi.....

Tags : Planning permission, Grant, Legality

In passing off proceedings, the court must consider all extraneous factors in reaching a conclusion that confusion is likely(01.12.2022)

The dispute was about a shape of a water bottle. Since 2011, Tupperware has been selling a plastic bottle that has the shape of the registered mark, a.....

Tags : Passing off claim, Deception, Likelihood

Only exceptionally will law countenance a deprivation of liberty at direction of executive(27.07.2016)

Appellant suffered protracted mental disorder, namely a personality disorder and a chronic paranoid delusional disorder and has a long history of admi.....

Tags : Recall, Detention, Explanation

Annexures are privileged and there is no basis to sever the same from application(08.08.2017)

Present is an interlocutory application by WBHO Construction Limited (“WBHO”) against the Competition Commission and Group Five Construction Limited f.....

Tags : Privilege, Annexure, Declaration

Distribution of false or misleading information that is capable of harming the business interests of another undertaking constitutes a deceptive marketing practice(10.08.2017)

In facts of present case, the Complainant is engaged in the manufacturing and marketing of consumer household, antiseptic, and pharmaceutical products.....

Tags : Deceptive marketing practices, Provisions, Violation

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

EU citizen can claim equal treatment in respect of social assistance only if his or her residence in the territory of that member state complies with the conditions of the Directive(01.12.2021)

The appeal concerns the compatibility with EU law of statutory provisions governing eligibility for various non-contributory benefits which were inser.....

Tags : EU law, Statutory provisions, Benefits

A Court’s finding of its lack of jurisdiction prevents any binding decision by that court on merits of the matter(03.06.2019)

The Respondent, Mr Anil Bhagwan Maharaj, a professional racehorse trainer, instituted proceedings in terms of the Promotion of Equality and Prevention.....

Tags : Complaint, Unfair discrimination, Remittal

A "scintilla of invention" remains sufficient in Australian law to support patent validity(17.08.2016)

Present Matter related to patent application in name of Britax Childcare Pty Ltd (Applicant). A notice of opposition was filed by Dorel Australia Pty .....

Tags : Patent, Grant, Inventive step

Religious discrimination in workplace must be for legitimate business aim(13.07.2016)

The .....

Tags : europe, commission, greenhouse, emissions, allowance

Snapchat’s Discover feature revealing more than expected(07.07.2016)

Popular video and photo sharing platform Snapchat is facing a lawsuit over its recently launched ‘Snapchat Discover’ feature.

Snapchat Dis.....

Tags : snapchat discover, sexually suggestive, nudity, minors

Doctrine of illegality bows down to public interest(20.07.2016)

A party to a contract “tainted by illegality” is not barred from recovering money paid under the contract from the other party under the law of unjust.....

Tags : uk, doctrine of illegality, public interest, insider information

INTELLECTUAL PROPERTY LAW(22.05.2018)

In the instant case the Apple group of companies is involved in the design, manufacture and marketing of various mobile communication and media device.....

Tags : Jurisdiction, Exhaustion, Patent

Bail can only be granted, if the Court is satisfied that, there are exceptional reasons for not keeping Appellant in custody(01.08.2019)

Application filed on 24 June 2019, for bail pending an appeal against sentence, pursuant to clause 4A of point C of schedule 1 of the Bail Act 1982. I.....

Tags : Bail, Grant, Exceptional reasons

Top Story

Union cabinet clears National Medical Commission bill, 2017 to replace Medical Council of India(15.12.2017)

The Cabinet has approved the draft of National Medical Commission Bill, 2017, in order to ensure transparency. The National Commission for Indian Syst.....

Tags : Bill, Approval, Medical Commission

Paying for the pay raise(23.11.2015)

The Ministry of Finance released the Report of the Seventh Central Pay Commission, propos.....

Tags : Seventh pay commission, aiib, bilateral assistance

An inference may be drawn in favour of a party who bears the onus if it is the most probable inference to be drawn(10.01.2018)

Present case concerns two exceptions the Respondents have brought to a case referral from the Competition Commission. The Commission alleges that, in .....

Tags : Price fixation, Agreement, Anti-competitive, Contravention

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

Right to be forgotten rejected by Japan’s Supreme Court(03.02.2017)

The Supreme Court of Japan has rejected a man's demand that a Google web search showing up reports of his arrest for child prostitution be removed. Th.....

Tags : Privacy, Right, Personal information, Removal

Lok Sabha Passes Bill Criminalizing Triple Talaq(28.12.2017)

The Minister of Law and Justice, Mr. Ravi Shankar Prasad tabled The Muslim Women (Protection of Rights on Marriage) Bill, 2017 in Lok Sabha. The bill .....

Tags : Triple talaq, Bill, Cognizable offence

Government signs Global Environment Facility (GEF) Grant Agreement with the World Bank(16.08.2017)

The Government of India and the World Bank has signed a US dollar 24.64 million grant from the Global Environment Facility (GEF) in order to improve e.....

Tags : World Bank, Grant, Ecosystem, Improvement

Merger is pro-competitive as it reduces an opportunity for rivals to meet in a joint venture(06.03.2017)

In facts of present matter, on 22nd February 2017, Competition Tribunal unconditionally approved large merger between Boundlesstrade and the AA Group......

Tags : Merger, Competition, Prevention

Merger is pro-competitive as it reduces an opportunity for rivals to meet in a joint venture(06.03.2017)

In facts of present matter, on 22nd February 2017, Competition Tribunal unconditionally approved large merger between Boundlesstrade and the AA Group......

Tags : Merger, Competition, Prevention

Application of general law may produce a more favourable result for claimant than statutory planning assumptions(22.02.2017)

Instant appeal concerns assessment of compensation for compulsory acquisition of two parcels of grazing land, formerly owned by present Appellant (“cl.....

Tags : Acquisition, Compensation, Determination

Applicant in any proceedings under the Proceeds of Crime Act bears onus of proving matters necessary to establish grounds for making the order applied for(14.06.2019)

Present is an application by the Commissioner of the Australian Federal Police pursuant to Section 49 of the Proceeds of Crime Act, 2002 for the court.....

Tags : Forfeiture order, Proceeds, Conditions

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

RBI Consumer Confidence Survey(10.09.2015)

The Reserve Bank of India has been conducting consumer surveys on economic conditions, income spending and prices and other criteria since 2010. It re.....

Tags : Contempt, mci, b.sc, medicine

Regulatory disclosure and public interest(16.12.2015)

The Supreme Court dismissed appeals arising out of Central Information Commission’s orders requiring the Reserve Bank of India to disclose information.....

Tags : Rbi, fiduciary relationship, disclosure, rti

SEBI constitutes Group to review Institutional Trading Platform (ITP)(12.06.2018)

The Securities and Exchange Board of India (SEBI) has constituted a group to look into the existing Institutional Trading Platform (ITP) framework. SE.....

Tags : ITP, Review, Committee, Constitution

Payment by employer to tax consultants to render assistance to expatriate employees is taxable ‘benefit or advantage’ as contemplated in the definition of ‘gross income’(06.09.2019)

The Appellant, BMW South Africa (Pty) Ltd (BMWSA), is part of the BMW Group (the Group) that manufactures and markets BMW vehicles and conducts worldw.....

Tags : Payment, Tax Consultant, Assessment, Legality

An accused released on warning who fails to appear, shall be guilty of an offence and liable to the punishment(19.08.2020)

The issue in present appeal, with the special leave of this Court, is whether the Appellant’s petition for leave to appeal in terms of Section 309C of.....

Tags : Conviction, Leave to appeal, Grant of

Where harm is caused by a domesticated animal, responsibility for that harm rests with the owner of the animal and not the injured party(11.09.2020)

An appeal by Mr. van Meyeren against a finding by the Eastern Cape Division of the High Court, that he was liable to compensate Cloete for injuries su.....

Tags : Negligence, Compensation, Eligibility

Online portal PENCIL launched by Union Government for effective implementation of National Child Labour Project(26.09.2017)

Child labour is a social evil which hampers development of future generation of society and deprives children of their childhood. Poverty and illitera.....

Tags : Child labour, Portal, Launch

A statement of claim must state the material facts to support the claim for relief, but not the evidence by which those facts are to be proved(06.01.2020)

In present case, on 20 December 2019, the application filed by the Defendant, Cutmere Pty Ltd, to strike out part of the statement of claim. The appli.....

Tags : Pleadings, Paragraphs, Striking off

Payment obligation is only applicable as long as the land lease remained valid(05.08.2021)

Appeal is against impugned order of High Court, which upheld an application brought by Capital Propfund 4 (Pty) Ltd, for an order declaring a leases a.....

Tags : Leases assignment, Agreement, Ownership rights

Competition Commission of India (CCI) imposed penalty on Google for "Search Bias"(08.02.2018)

Competition Commission of India fines Google for abusing dominant position amounting to Rs. 136-crore for "search bias". CCI’s order came in wake of i.....

Tags : Dominant position, Abuse, Penalty

AI Machine cannot be granted a Patent since it does not qualify as an inventor as per the Patent laws(27.07.2021)

The appellant has pursued this matter to address his grievance regarding the failure of two patent applications designating an artificial intelligence.....

Tags : Patent, Inventor, AI Machine

Free Data: Having your cake and eating it too(19.05.2016)

After the Telecom Regulatory Authority of India spurned advances of the private sector offering ‘free’ internet for all by banning

Tags : Tender, Issuance, Prices, Fixation, Collusion

“The DNA Technology (Use and Application) Regulation Bill - 2019” passed by Lok Sabha(08.01.2019)

In order to strengthen justice delivery system, the Lok Sabha passed “The DNA Technology (Use and Application) Regulation Bill - 2019”. The Bill has b.....

Tags : DNA Technology, Bill, Approval

Government enhances pension for family of employees in case of death; amends Central Civil Services (Pension) Rules, 1972(23.09.2019)

The Central Government has issued a Notification dated 19th September, 2019 bringing an amendment in Rule 54 of the Central Civil Services (Pension) R.....

Tags : Pension, Rule, Amendment

A hereditament is to be valued as it in fact existed at the material day(01.03.2017)

Appellants (“SJJM”) own the freehold of first floor of a three-storey office building built in the 1990s. In past, premises were occupied by tenants a.....

Tags : Property, Valuation, Reality principle

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

RBI expands scope of non-resident Rupee Accounts(22.11.2019)

Reserve Bank of India in consultation with Government of India widens scope of Special Non-Resident Rupee accounts (SNRR) aiming to promote the usage .....

Tags : SNRR, Scope, Expansion

Supreme Court Approves Witness Protection Scheme, 2018(05.12.2018)

Supreme Court has approved the draft prepared by Centre on Witness Protection Scheme, 2018. In furtherance of approval, Apex Court has directed the Un.....

Tags : Scheme, Approval, Witness protection

RBI imposes monetary penalty on five Prepaid Payment Instrument (PPI) Issuers(03.05.2019)

The Reserve Bank of India has imposed monetary penalty on five PPI Issuers for non-compliance of regulatory guidelines in exercise of its powers under.....

Tags : Penalty, Levy, PPI issuers

Cabinet Approves Amendment to the Micro, Small and Medium Enterprises Development Act, 2006 to Change the Criteria of Classification(07.02.2018)

The Union Cabinet has approved change in the basis of classifying Micro, Small and Medium enterprises from ‘investment in plant & machinery/equipment’.....

Tags : MSME, Amendment, Approval

Differential pricing stopped, differentiation possible still(08.02.2016)

The Telecom Regulatory Authority of India released the ‘Prohibition of Discriminatory Tariffs for Data Services Regulations, 2016’, restraining intern.....

Tags : Differential pricing, regulations, trai, 2016

No SSNL-ing out of this security(15.01.2016)

The Sardar Sarovar Narmada Nigam Limited (Conferment of Power to Redeem Bonds) Act, 2008 being held invalid may bring rejoicing to those left feeling .....

Tags : Ssnl, premature payment, bond

Where, there is challenge on totality grounds, severity of sentence imposed on individual count to be assessed in light of its contribution to total effective sentence(08.12.2016)

Appellant appeals against his conviction on the grounds that a miscarriage of justice occurred due to the appellant wrongly pleading guilty. Appellant.....

Tags : Conviction, Sentence, Totality principle

A person’s physical liberty is a fundamental right protecting physical security of an individual(06.12.2016)

Present case originated in an application against Russian Federation lodged with Court under Article 34 of Convention for the Protection of Human Righ.....

Tags : Psychiatric examination, Involuntary, Validity

Government Repeals Article 370 of the Constitution in respect of Jammu and Kashmir(05.08.2019)

The Central Government announced a historic decision by introducing Bill for repeal of provisions under Article 370 of the Constitution of India grant.....

Tags : Article 370, Repeal, Bill

Court has discretion and will exercise that discretion to award costs to one party, where it is just to make costs order(11.07.2017)

In facts of present case, Plaintiff and Defendant carried on a pharmacy business in partnership. Plaintiff holds 60% interest and Defendant 40% intere.....

Tags : Partnership, Dissolution, Cost

Central Government set to expand Public Electric Vehicle Charging Infrastructure across the nation(19.02.2022)

The Government of India has undertaken multiple initiatives to promote the manufacturing and adoption of electric vehicles in the country. Due to the .....

Tags : Electric Vehicle, Charging Infrastructure, Expansion

Nestle’s KitKat trade mark ambitions hit sleeping policeman(25.01.2016)

A High Court in the United Kingdom declined granting Nestle trademark over the distinctiveness in the shape of its four-fingered chocolate bar, ‘Kit K.....

Tags : Nestle, kit kat, four finger, shape

Olympus’ ‘3D’ mark rejected(17.12.2015)

The General Court of the European Court of Justice dismissed an application by Olympus Medical Systems to register the mark, ‘3D’. The Court concurred.....

Tags : Ecj, Olympus, trade mark, 3d

Centre launches framework for safeguarding and protecting consumer interest from fake and deceptive reviews in e-commerce(21.11.2022)

The Department of Consumer Affairs launched the framework for safeguarding and protecting consumer interest from fake and deceptive reviews in e-comme.....

Tags : E-commerce, Deceptive review, Safeguard

RBI bars payment system operators from introducing new QR codes(22.10.2020)

RBI bars Payment System Operators (PSOs) from launching any new proprietary QR code for payment transactions. In order to strengthen the digital payme.....

Tags : QR code, Bar, PSO’s

Centre allows International Trade Settlements in Indian Rupees for Export Promotion Schemes(09.11.2022)

The Government of India has made suitable amendments in the Foreign Trade Policy and Handbook of Procedures to allow for International Trade Settlemen.....

Tags : Export, Settlement, Rupee

Employer 'may' make a payment in lieu of notice to the employee giving the employer the choice whether or not to make the payment(21.09.2017)

In the facts of present case, the claimant worked as a farm labourer for the respondent company, picking mushrooms at its premises, from 13 December 2.....

Tags : Poor attendance, Dismissal, Legality

Summary judgment should be awarded only in clearest of cases, where one party can demonstrate that, question will certainly be resolved in their favour(20.10.2017)

The primary judge granted summary judgment to the Deputy Commissioner of Taxation in two actions brought against the Appellants. The actions had been .....

Tags : Assessment, Validity, Estoppel

Ministry of Commerce and Industry launches US Startup - SETU(07.09.2022)

The Minister of Commerce and Industry, Consumer Affairs, Food and Public Distribution and Textiles, Shri Piyush Goyal launched the US Startup, SETU - .....

Tags : Startup, SETU, Launch

Ministry of Corporate Affairs revises threshold for paid up capital of “small companies”(16.09.2022)

The Central Government amends the Companies (Specification of Definition Details) Rules, 2014. These rules may be called Companies (Specification of d.....

Tags : Definition, Amendment, Paid-up capital

A scheme of arrangement is used to re-organise a Company in a manner which will be binding on its members(22.03.2021)

The Plaintiff, Piedmont Lithium Limited (Piedmont), is an Australian public company listed on the official list of the Australian Securities Exchange .....

Tags : Scheme, Approval, Provisions

High Court would have jurisdiction over matters specified in Section 62(2) of Competition Act, 1998, unless such jurisdiction was specifically and expressly ousted(08.04.2021)

Present is an appeal against a decision of the High Court, in terms of which it dismissed an application under Rule 30 of the Uniform Rules , brought .....

Tags : Provision, Applicability, Jurisdiction

RBI announces monetary policy keeping repo and reverse repo rate unchanged(10.02.2022)

On the basis of an assessment of the current and evolving macro-economic situation, the Monetary Policy Committee (MPC) decided to keep the policy rep.....

Tags : Monetary policy, Economy, Repo rate

CBDT proposes changes to Rule 11UA of Income Tax Rules, 1962(19.05.2023)

An amendment has been introduced to bring the consideration received from non-residents for issue of shares within the ambit of Section 56(2)(viib) of.....

Tags : Changes, Rule, Proposal

HSN Code mandatory from 1st April for GST taxpayer with turnover of more than Rs 5 Crore(31.03.2021)

CBIC (Central Board of Indirect Taxes and Customs) with effect from 1st April has made mandatory for a GST taxpayer, with a turnover of more than Rs 5.....

Tags : HSN Code, Mandatory, GST taxpayer

RBI reviews instructions relating to interest on overdue domestic deposits(02.07.2021)

Reserve Bank of India (RBI) has issued the review of instructions on Interest on overdue domestic deposits. RBI’s decision to allow banks to offer the.....

Tags : Interest, Deposit, Instruction

DGFT implements the Advance Authorisation Scheme, allows duty-free import of inputs for export purposes(17.07.2023)

Directorate General of Foreign Trade (DGFT) implements the Advance Authorisation Scheme under the Foreign Trade Policy, which allows duty-free import .....

Tags : Scheme, Implementation, Inputs

Ministry of Corporate Affairs operationalises Central Processing Centre for Centralised Processing of Corporate Filings(16.02.2024)

On the lines of continuous endeavour to provide Ease of Doing Business and in pursuance to Union Budget Announcement 2023-24, Central Processing Centr.....

Tags : Corporate Filings, CPC, Operations

Deliberate disobedience of an order does not require a specific intention to break the law(14.08.2019)

Present proceedings arise from a dispute about noise disturbance between the owners of units in a block of units in Bay View Terrace. Unit 1 is a grou.....

Tags : Compliance, Direction, SAT Order

Cabinet approves PLI Scheme – 2.0 for IT Hardware(17.05.2023)

The Union Cabinet approved the Production Linked Incentive Scheme 2.0 (PLI) for IT Hardware with a budgetary outlay Rs. 17,000 crore. Electronics manu.....

Tags : IT hardware, Scheme, Approval

Department for Promotion of Industry and Internal Trade releases Report on Logistics Costs in India(14.12.2023)

India’s National Logistics Policy, which was launched on 17th September 2022, aims to reduce logistics costs in India. To achieve this objective, the .....

Tags : Logistic cost, Report, Release

Difference of treatment is inherent in change in law, if it were to be objectionable discrimination, it would be impossible to change law(14.12.2016)

Appellant sentenced in the Crown Court for offences of serious violence. At the time, when Appellant was sentenced, the statutory scheme for sentencin.....

Tags : Sentence, Validity, Change in law, Applicability

Government amends Foreign Direct Investment (FDI) policy for curbing opportunistic acquisitions of Indian companies(17.04.2020)

The Government of India has reviewed the extant FDI policy for curbing opportunistic takeovers/acquisitions of Indian companies due to the current COV.....

Tags : Investment, FDI policy, Amendment

New Appointments Not To Be Made From In-Service Candidates Against Bar Quota Rules Supreme Court(10.05.2019)

Supreme Court has ordered that, no new appointments to the post of District Judges shall be made from in-service candidates against quota reserved for.....

Tags : Appointment, District Judges, Interim relief

Ministry of Corporate Affairs notifies penalty for non-compliance with NFRA Rules(17.06.2022)

Ministry of Corporate Affairs has notified that, the non-compliance with the National Financial Reporting Authority Rules (NFRA), 2018 would attract p.....

Tags : Penalty, Non-compliance, NFRA Rules

Central Government reduces Excise Duty on Petrol and Diesel on the eve of Diwali(03.11.2021)

Government of India has taken a significant decision slashing Central Excise Duty on Petrol and Diesel by Rs. 5 and Rs. 10 respectively. Prices of pet.....

Tags : Duty, Reduction, Petrol and Diesel

To be eligible for interview, candidate must satisfactorily completed recognised Vocational Training Scheme in General Practice or acquired rights under EU Directive on specific training(06.04.2017)

Plaintiff/Appellant in present proceedings (Dr. Hussain) complained that, he was not awarded a contract under General Medical Services Scheme (GMS Sch.....

Tags : Scheme, Practice, Eligibility

For an arrest to be effected in terms of Section 5(1)(b) of Extradition Act, 1962, it was not necessary for the Minister to issue a notice in terms of Section 5(1)(a) of Act(10.02.2021)

The core issue for determination in present appeal is whether a provisional arrest under Section 5(1)(b) of the Extradition Act, 1962 had lapsed, for .....

Tags : Extradition, Interpretation, Article

Common Format for Issuance of Pollution Control Certificate across the Country notified(17.06.2021)

Ministry of Road Transport and Highways has issued a notification dated 14thJune, 2021 for a common format of the PUC (Pollution Under Control) Certif.....

Tags : PUC, Common format, Introduction

Set off of opposing costs orders is not affected by Qualified One-way Costs Shifting ("QOCS"), essentially because set-off is not a type of enforcement(06.10.2021)

Present appeal relates to the construction and effect of a procedural rule in relation to the costs of legal proceedings that applies to all personal .....

Tags : Cost, Legal proceedings, Applicability

Statutory provision should not be interpreted so as to alter the common law unless the intention to do so was clearly reflected in the enactment(04.11.2021)

The appeal concerned the construction to be placed on ‘collection costs’ as defined in Section 1 and whether collection costs in Section 101(1)(g), as.....

Tags : Cost, Inclusion, Post-judgment

FCC’s ‘Open Internet’ upheld; dissenting judge scathing in remarks(14.06.2016)

A United States Court of Appeals gave further credence to a Federal Communications Commission move in February 2016 to (11.12.2019)

The Union Cabinet, chaired by the Prime Minister has given its approval to the "Partial Credit Guarantee Scheme", set to be offered by the Government .....

Tags : Scheme, Approval, Partial Credit

Centre notifies Regulations for Insolvency Resolution and Bankruptcy Proceedings of Personal Guarantors to Corporate Debtors(20.11.2019)

The Insolvency and Bankruptcy Board of India (IBBI) notifies Regulations for Insolvency Resolution and Bankruptcy Proceedings of Personal Guarantors t.....

Tags : New Rules, Insolvency Resolution, Corporate debtors

Ministry of Electronics and Information Technology notifies the incentive scheme for promotion of RuPay Debit cards and low-value BHIM-UPI transactions (P2M)(17.12.2021)

The Union Cabinet, chaired by the Prime Minister has approved an incentive scheme to promote RuPayDebit cards and low-value [uptoRs. 2,000) BHIM-UPI t.....

Tags : Digital transaction, Promotion, Scheme

Finance Minister presented Union Budget, 2022 in the Lok Sabha(01.02.2022)

The Union Minister for Finance and Corporate Affairs, Smt. Nirmala Sitharaman tabled the Union Budget 2022-23 in Parliament. The Union Budget while co.....

Tags : Budget, Proposal, Taxpayers

Central Government set to introduce Cryptocurrency and Regulation of Official Digital Currency Bill, 2021(23.11.2021)

The Cryptocurrency and Regulation of Official Digital Currency Bill, 2021 is to be presented in winter session of Parliament. The Bill seeks to create.....

Tags : Cryptocurrency, Regulation, Bill

DGFT relaxes provision of the submission of a "Bill of Export" for supplies made to the SEZ units(07.06.2022)

Directorate General of Foreign Trade (DGFT) has relaxed the provision of the submission of a "Bill of Export" for supplies made to the SEZ units in ca.....

Tags : Export bill, Submission, Relaxation

IBBI amends Insolvency Resolution Process for Corporate Persons Regulations, 2016(15.06.2022)

Insolvency and Bankruptcy Board of India (IBBI) notified the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Per.....

Tags : Corporate Persons, Regulation, Amendment

A mark can be opposed or cancelled, if it is identical to or similar to a trade mark which is already registered(14.12.2023)

The applicant, a Mexican company which traded in many countries including South Africa, was the proprietor of the impugned mark. It was registered in .....

Tags : Leave to appeal, Special circumstances, Existence

Prime Minister launches National Logistics Policy(17.09.2022)

Prime Minister, Shri Narendra Modi launched the National Logistics Policy. Addressing the gathering, the Prime Minister said that India is emerging as.....

Tags : Policy, Launch, Logistics

Prime Minister launches National Logistics Policy(17.09.2022)

Prime Minister, Shri Narendra Modi launched the National Logistics Policy. Addressing the gathering, the Prime Minister said that India is emerging as.....

Tags : Policy, Launch, Logistics

An appeal Court cannot intervene simply on basis that, it might have exercised discretion differently(16.05.2017)

In facts of present case, on 1st September 2016, Appellant was convicted after a trial in Magistrates Court of five offences of stealing as a servant .....

Tags : Spent conviction, Denial, Validity

A person exercising a public function must not do anything that constitutes discrimination, harassment or victimisation(24.05.2017)

In facts of present case, in August 2004, Appellant was sentenced to life imprisonment for murder, with a tariff of 11 years and three months. Her tar.....

Tags : Approved Premises, Stay, Discrimination

Google wins lawsuit against scanning of copyrighted works(16.10.2015)

A United States Court of Appeal ruled in favour of Google in a lawsuit concerning its book scanning activities. It determined that such digitisation o.....

Tags : Google, copyright, books, scan, fair use

Whistle-blowing protection in Part IVA of Employment Rights Act, 1996 extends to district judges as well(16.10.2019)

Present case is about the employment status of district judges, but it could apply to the holder of any judicial office. The issue is whether a distri.....

Tags : Judicial officer, whistle-blowing, Protection

To avoid multiplicity of proceedings and unnecessary expense, Court will in general order the joinder of parties(05.09.2023)

The issue raised in present case is whether it was open to present Court to enter into the merits and make an order on appeal, absent the joinder of c.....

Tags : Parties, Joinder, Necessity

International Financial Services Centres Authority notifies the regulatory framework for distribution of capital market products and services(21.12.2022)

The International Financial Services Centres Authority (IFSCA), in furtherance of its mandate to develop and regulate financial products, financial se.....

Tags : Regulatory Framework, Distribution, Products

Stand aside Dunlop there’s a new penalty sheriff in town(04.11.2015)

The United Kingdom Supreme Court passed rulings that are likely to send at least a few flutters of joy amongst the contract-writing community. Determi.....

Tags : Penalty clause, unfair, united kingdom, test

ECJ: Safe Harbour not safe from US intelligence(06.10.2015)

In a case where an Austrian citizen complained against his personal data on popular social networking website ‘Facebook’ being shifted from servers in.....

Tags : Safe harbour, data privacy, offshore, server

Notaries and lawyers exempt from disclosure scheme in Canadian tax law(03.06.2016)

Canada’s Supreme Court held unconstitutional tax provisions relating to request for information by the Revenue Agency in the assessment of tax payable.....

Tags : search and seizure, legal advice, privileged information, canada

Detention without a court order or other clear legal ground is incompatible with standard of “lawfulness”(18.10.2016)

Instant case originated in an application against the Russian Federation lodged with Court under Article 34 of the Convention for Protection of Human .....

Tags : Detention, Unlawful, Liberty, Deprivation

Increased Tax Collection at Source rates set to apply from 1st October, 2023(28.06.2023)

Certain changes were announced to the system of Tax Collection at Source (TCS) on payments under the Liberalised Remittance Scheme (LRS) and on overse.....

Tags : TCS, Rates, Applicability

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

Secretary of State can deprive a person of citizenship, if satisfied that grant was obtained by means of fraud, false representation or concealment of a material fact(21.12.2017)

Appellant obtained British citizenship using a false name, a false date of birth, a false nationality and a false place of birth. When these frauds c.....

Tags : Citizenship, Grant, Misrepresentations

A party to the dispute ought not be appointed as the administrator(10.11.2017)

By chamber summons filed 24 August 2017, the first and second Defendants sought an order appointing an administrator to the estate of the late Maria S.....

Tags : Probate, Appointment, Administrator

EU countries not obliged to extend extradition protections to non-nationals(10.05.2016)

The

Tags : tobacco, uniform packaging, branding

Central Government announces Foreign Trade Policy, 2023(31.03.2023)

Union Minister of Commerce and Industry, launched the Foreign Trade Policy 2023 saying that, it is dynamic and has been kept open ended to accommodate.....

Tags : FTP, Announcement, Changes

There must be a representation, omission or practice that was likely to mislead consumers in case of deception(24.09.2018)

In facts of present case, SCN was issued to Respondent pursuant to Enquiry Report concluded by Commission. Enquiry was authorized on complaint filed b.....

Tags : Trademark, Infringement, Deceptive marketing

Ministry of Information and Broadcasting approves Comprehensive “Digital Advertisement Policy, 2023”(10.11.2023)

The Ministry of Information and Broadcasting has approved a path breaking "Digital Advertisement Policy, 2023 to enable and empower the Central Bureau.....

Tags : Advertisement Policy, Digital Media, Approval

Poland’s highest court faces constitutional crisis(14.03.2016)

The Council of Europe released a report expressing dismay over const.....

Tags : Poland, constitutional court, effectiveness

Intention of Parliament must be clearly found on wording of legislation(22.05.2019)

By present appeal, Mr. and Mrs. Hancock seek to show that, the redemption of the loan notes, issued to them in connection with the sale of their share.....

Tags : Charge, Capital gains, Exemption

Cabinet approves Terms of Reference for the Sixteenth Finance Commission(29.11.2023)

The Union Cabinet chaired by the Prime Minister, has approved the Terms of Reference for the Sixteenth Finance Commission. The 16th Finance Commission.....

Tags : Terms of Reference, Approval, Finance Commission

Buyers/resellers (whether dealers, distributors, or retailers) must remain free to determine their resale price(30.03.2018)

In facts of present case, Respondent was a company engaged in manufacturing and supply of paints and allied products in Karachi and interior Sindh. Co.....

Tags : Re-sale price, Fixation, Contravention

Fact that, an error has been made in sentencing does not automatically mean that sentencing discretion should be exercised afresh(30.05.2018)

The Appellant appealed from the sentences imposed for the burglary, trespass and breach of bail offences. Sole ground of appeal was that, the learned .....

Tags : Sentence, Imposition, Validity

Officer of the Department or an agent of Chief Executive Officer (CEO) may serve a Notice on his behalf without a formal written delegation from CEO(25.05.2018)

In instant case, the Respondent was charged with offence of driving a motor vehicle whilst not being a person authorised to do so, for the reason that.....

Tags : Power, Delegation, Acquittal, Validity

A mere link between a claim which engages Article 24(2) of Recast Regulation and one which does not is not sufficient to bring latter within scope of that provision(29.07.2019)

Present appeal is concerned with the interpretation of Article 24(2) of the Brussels I Recast Regulation (Parliament and Council Regulation (EU) of 12.....

Tags : Jurisdiction, Regulation, Applicability

Brexit: Being aloof is better than being a fool(27.06.2016)

Whether the government overestimated its position in the blunder to call for a referendum, or Britons mistook the opportunity to test out ‘any change .....

Tags : brexit, european union, referendum, united kingdom

Registrar has no discretion to allow a change of name, if it was likely to mislead the public(17.08.2020)

Present appeal is filed by Compcare Wellness Medical Scheme (Compcare) against the Registrar of Medical Schemes (the Registrar) and the Council of Med.....

Tags : Change of name, Registrar, Power

Government Makes Service Charge Completely Voluntary(21.04.2017)

The Central Government has approved guidelines making service charge “completely voluntary”. As per the guidelines, levy of service charge amounts to .....

Tags : Service charge, Voluntary, Approval

Onus rests on the taxpayer to establish, on a balance of probabilities, that it has fully met the requirements of the provision(07.12.2021)

The primary issue before the SCA was whether the Commissioner for South African Revenue Services (SARS) was correct in rejecting Purveyors’ voluntary .....

Tags : Voluntary disclosure, Non-compliance, Provision

Crime and Criminals Tracking Network and Systems Get Extension by One Year(05.04.2017)

The Cabinet Committee on Economic Affairs (CCEA) has approved the extension of implementation phase of Crime and Criminals Tracking Network and System.....

Tags : Project, Time, Extension

A provision of subordinate legislation which results in a breach of a Convention right must be disregarded, if it is possible to do so without affecting the statutory scheme(13.11.2019)

On 9 November 2016, present Court handed down judgment in the series of cases collectively reported as R (Carmichael) v Secretary of State for Work an.....

Tags : Housing benefit, Provision, Applicability

Section 139(1)(c) of the Constitution imposes no obligation on the provincial executive to pass an interim budget, when it dissolves the council(24.12.2021)

The issue before the SCA was whether the administrator appointed in terms of Section 139(1)(c) of the Constitution had the power to approve the 2020/2.....

Tags : Annual budget, Power, Approval

India slams another extension of anti dumping duty against certain Chinese products(09.10.2016)

The Revenue Department of the Finance Ministry has slammed an extension of anti dumping duty on certain Chinese products used in garment, toys and foo.....

Tags : Anti-dumping duty, Extension, Chinese Products

Court is not bound to approve any scheme and have discretionary over the same(05.10.2020)

The Plaintiff, Cassini Resources Ltd (Cassini), applies for orders approving two proposed schemes of arrangement (Acquisition Scheme and Demerger Sche.....

Tags : Amended scheme, Approval

India slams another extension of anti dumping duty against certain Chinese products(09.10.2016)

The Revenue Department of the Finance Ministry has slammed an extension of anti dumping duty on certain Chinese products used in garment, toys and foo.....

Tags : Anti-dumping duty, Extension, Chinese Products

Court is empowered to remove a BRP from office on the grounds of ‘conflict of interest or lack of independence’(21.05.2021)

In facts of present case, Oakbay Investments applied to the High Court for the removal of Messrs Knoop and Klopper as business rescue practitioners (B.....

Tags : BRPs, Conflict, Removal

Central Government approves an ordinance making triple talaq a punishable offence(19.09.2018)

Union cabinet passed the ordinance as it failed to get the majority on The Muslim Women (Protection of Rights on Marriage) Bill 2017 which had been pa.....

Tags : Ordinance, Triple talaq, Approval

Parliament Passes the Muslim Women (Protection of Rights on Marriage) Bill, 2019(30.07.2019)

Parliament passed the Muslim Women (Protection of Rights on Marriage) Bill, 2019, to ban practice of Triple Talaq. The bill is a historic step to prot.....

Tags : Triple Talaq, Practice, Muslim Women, Protection

A maintenance order had the same legal consequences which flowed from an order made in a civil action(21.01.2022)

The appeal stemmed from the judgment of the High Court, the court made a declaratory order to the effect that the maintenance obligations contained in.....

Tags : Maintenance order, Prescription Act, Applicability

Judgments

A concluded agreement is not contemplated to be the starting point of offer period(02.12.2016)

Challenge in present appeal is to an order of Securities Appellate Tribunal, reversing order of Adjudicating Officer holding Respondents guilty of con.....

Tags : Contravention, Penalty, Reversal of order

Mandatory Use of Public Finance Management System (PFMS) for all Central Sector Schemes Launched(27.10.2017)

The use Public Finance Management System has been made mandatory in order to ensure that, the benefits of the various Government Schemes reach to the .....

Tags : PFMS, Mandatory use, Central schemes

Parties to a probate action cannot simply consent to a solemn form grant in respect of a will without offering of sufficient evidence for Court’s satisfaction(15.10.2019)

In the present probate action, the last will and testament of the late Anka Cvitan (the deceased), who died on 1 September 2013 is sought to be proved.....

Tags : Will, Probate, Grant

Natural as well as juristic persons may hold member’s interests as a trustee, but only in certain circumstances(07.12.2022)

Present appeal is related to the application and interpretation of Sections 29(1) and 29(1A) of the Close Corporation Act, 1984 in the event where a f.....

Tags : Trustees, Juristic persons, Interest

An unsatisfied quid pro quo(12.08.2015)

The Supreme Court recently deliberated on several appeals questioning the imposition of fee on a 'per bulk litre' of industrial alcohol exported from .....

Tags : excise, quid pro quo, fee

Indian Ports Association Launches ‘PCS1x’ As An Initiative Of Ease Of Doing Business(11.12.2018)

Indian Ports Association (IPA), under the aegis of the Ministry of Shipping, government of India launched the Port Community System ‘PCS1x’. ‘PCS 1x’ .....

Tags : PCS 1X, Technology, Launch

Finance Minister announces GST exemption for businesses with an annual turnover of up to Rs 40 lakh(24.08.2020)

The Finance Minister said that now, the businesses with an annual turnover of up to Rs 40 lakh are GST exempt. Earlier, this limit was Rs 20 lakh. In .....

Tags : Exemption, GST, Businesses

Customs to begin faceless assessment of imports across India(04.09.2020)

In a step forward to ease of doing business module, the Customs Department will soon initiate pan-India faceless assessment for all imported goods by .....

Tags : Customs, Faceless assessment, Imports

Only Inspector appointed by Central Government or State Government by notification in official Gazette is competent to launch prosecution(07.09.2018)

In present matter, the case of the Petitioners is that, Petitioner No. 1 is a Public Limited Company having its registered office. The Petitioner No. .....

Tags : Proceeding, Inspector, Competency

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

Central Government exempts certain non-residents from furnishing ITR(11.10.2021)

The Central Government exempts certain class of persons, subject to the conditions, from the requirement of furnishing a return of income under sub-se.....

Tags : ITR, Exemption, Non-residents

Income Tax Department set to launch new, taxpayer-friendly e-filing Portal(05.06.2021)

The Income Tax Department is set to launch its new e-filing portal on 7th June, 2021 that is today. Department introduces Several New Features. The ne.....

Tags : ITR, Portal, Launch

Finance Ministry releases guidelines for reforms in Public Procurement and Project Management(29.10.2021)

In order to ensure efficient and transparent execution of projects, Finance Ministry releases guidelines for reforms in Public Procurement and Project.....

Tags : Guidelines, Reforms, Public Procurement

Consumption of liquor beyond a safe limit disqualifies the insured from getting benefits of insurance policy(04.09.2018)

The complainant/Respondent owned a vehicle which he had got insured with the Petitioner Company. The vehicle having met with an accident, on 4th Decem.....

Tags : Compensation, Grant, Legality

Cabinet approves Companies (Second Amendment) Bill, 2019(04.03.2020)

The Union Cabinet, chaired by the Prime Minister, has approved the Companies (Second Amendment) Bill, 2019 to amend the Companies Act, 2013. The chang.....

Tags : Bill, Amendment, Approval

Parliament passes the Direct Tax Vivad se Vishwas Bill, 2020(13.03.2020)

The Parliament has given its nod to Direct Tax Vivad se Vishwas Bill, 2020. The ‘Vivad se Vishwas’ Scheme was announced during the Union Budget, 2020,.....

Tags : Vivad se Vishwas, Bill, Approval

Magnasound and Sony ordered to hand over music to liquidator(21.10.2015)

The Bombay High Court ordered Magnasound, Sony Music and another to hand over Magnasound’s repository of music and other materials to its Official Liq.....

Tags : sony, asha bhosale, wind up, employees

Location of manufacture not bonded to quality and type of concrete(06.10.2015)

The Supreme Court ruled that a manufacturer of concrete mix, manufacturing it for captive consumption cannot claim exemption from excise duty on the b.....

Tags : Concrete, excise, exemption, preparation

Machinery provision which enables the Assessee to avail concession or benefit conferred by substantive provision in the Act need to be construed liberally(05.09.2017)

In facts of present case, The Appellant is the owner of the premises. It consists of two-storey building and some land appurtenant thereto ("the premi.....

Tags : Valuation, Premises, Tax, Payment

If a person is put to officiate on a higher post with greater responsibilities, he is entitled to salary of that post(05.09.2017)

The present appeal, by special leave, calls in question the legal acceptability of the order passed by the High Court whereby the Division Bench placi.....

Tags : Officiating position, Benefit, 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

There must be some valid reason for the discretion to be exercised under Section 482(1) of the Corporations Act, 2001(09.08.2022)

The Plaintiff by originating process seeks orders pursuant to Section 482(1) and Section 482(1A) of the Corporations Act, 2001 for the winding up of H.....

Tags : Winding up, Stay, Entitlement

New Delhi International Arbitration Centre Bill, 2019 gets Cabinet’s nod(12.06.2019)

The Union Cabinet chaired by Prime Minister approves New Delhi International Arbitration Centre Bill, 2019 (NDIAC) to achieve aim of making India a hu.....

Tags : Arbitration Centre, Bill, Approval

Court has a discretion to approve a scheme under Section 411(4)(b) of the Corporations Act and is not bound to approve a scheme just because the statutory majorities have been achieved(10.06.2022)

The Plaintiff applies for orders approving a proposed scheme of arrangement. The Scheme meeting was convened and held on 1 June 2022. At the meeting, .....

Tags : Resolution, Scheme, Approval

High Court cannot proceed to hear a second appeal without formulating the substantial question of law(01.09.2017)

Respondent No. 1-Plaintiff filed a suit for perpetual injunction against the Defendants restraining them from interfering with the peaceful possession.....

Tags : Question of law, Formulation, Second appeal

Lok Sabha Passes LLP (Amendment) Bill To Boost Ease Of Doing Business(09.08.2021)

Lok Sabha has passed the Limited Liability Partnership (Amendment) Bill, 2021 which seeks to encourage the start-up ecosystem and further boost the ea.....

Tags : Bill, Amendment, LLP

In exercising the discretion to grant relief under Section 1322(4)(a) Corporations Act, 2001, a relevant factor is the promptness with which the Plaintiff has sought to remedy the irregularity(10.05.2022)

The plaintiff, Delecta Limited (Delecta), by way of originating process seeks relief under Section 1322(4)(a) of the Corporations Act, 2001 relating t.....

Tags : Cleansing notice, Contravention, Provision

If an issue stood decided, the benefit thereof must be given to similarly placed persons(31.08.2017)

The present petition has been filed by the Petitioner with prayers for issuance of writ of Mandamus directing the Respondent to allow the Time Bound P.....

Tags : Promotion, Scale, Grant

Disclosure for the purpose of an investigation or identification of wrongdoers is excluded from Section 42(1)(c) of RICA(04.04.2023)

The Appellant was an online store trading in corporate gifts and clothing. As a result of the nature of the business, it fell victim to a type of inte.....

Tags : Information, Disclosure, Provisions

Government amends Companies (Appointment and Qualification of Directors) Fifth Amendment Rules, 2014 easing norms for independent directors(18.12.2020)

Central Government amends Companies (Appointment and Qualification of Directors) Fifth Amendment Rules, 2014 in exercise of powers conferred under Sec.....

Tags : Rules, Amendment, Independent directors

Honest guess work will always be required for calculating the mesne profits(19.01.2018)

Instant Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the Appellant/tenant/Oriental Insurance Company L.....

Tags : Mesne profits, Determination, Grant

Finance Minister launches e-Bill system to enable paperless submission of bills/claims(02.03.2022)

The Union Minister for Finance and Corporate Affairs launched the e-Bill system for Central Government Ministries. Finance Ministry has enabled the ne.....

Tags : E-Bill system, Paperless submission, Launch

Allegations of clandestine manufacture and removal are required to be proved by production of sufficient evidence(18.01.2018)

All the present appeals have been filed against the Order-in-Original. Four appeals have been filed by the assessee as well as related parties, challe.....

Tags : Penalty, Imposition, Validity

For erroneous credit availed, even if, not utilized, interest could be applicable for the normal period of limitation(19.01.2018)

In the facts of present case, the Appellant had wrongly taken excess credit of Rs. 9,97,32,292 during the period September 2008 to January 2009 on imp.....

Tags : Excess credit, Interest, Payment

Low shareholder turnout does not prevent the Court from making orders approving a scheme of arrangement(07.04.2022)

On 1 April 2022, Bardoc Gold Ltd moved for orders approving a scheme of arrangement between Bardoc and its shareholders pursuant to Section 411(4), an.....

Tags : Arrangement, Scheme, Approval

Merely because pay-scale may have been and remained the same, it cannot lead to conclusion of a conscious parity on principle of equal pay for equal work(11.05.2018)

The Appellant sought a Reference on 24th October, 1979, under the Industrial Disputes Act, 1947 with regard to revision of pay-scale of Security Staff.....

Tags : Award, Pay-scale, Parity

Once opposite parties were put in possession, then same will remain in possession over the land regarding which, decree has been executed(10.05.2018)

In facts of present case, an objection under Section 9 of the U.P. Consolidation of Holdings Act, 1953, was filed by the opposite parties, claiming ex.....

Tags : Land, Possession, Decree

Wrong interpretation of law itself is not misconduct as wrong decision is subject to judicial supervision in an appeal(14.05.2018)

The pivotal issue in this batch of writ petitions revolves around the validity of report dated 30th May, 2008 submitted by the J & K State Accountabil.....

Tags : Report, Misconduct, Validity

In exceptional cases, college/University authorities are competent to make appointment of eligible and suitable persons against such posts, without seeking prior approval of State Government(10.05.2018)

The present writ application is being filed to declare that, since these Petitioners were appointed in the year 1981 and joined on 27th July 1981 on t.....

Tags : Posts, Seniority, Grant

Government likely to release a new industrial policy aiming to promote 'Make in India'(30.08.2017)

The process to formulate new Industrial Policy began in May 2017 by The Department of Industrial Policy and Promotion. The new Industrial Policy will .....

Tags : Industrial policy, Release, Comments, Invitation

A Government servant has no vested right to remain posted at a place of his choice(08.10.2018)

In present matter, while the Petitioner was serving as Inspector and posted in the Armourer, Maligaon Headquarter, the Respondent No. 4 had issued ord.....

Tags : Post, Transfer order, Validity

An appellate Court may only interfere with the sentencing discretion of the trial court on limited grounds(26.09.2022)

Present appeal is against the substituted sentence of the Northern Cape Division of the High Court, Kimberley (the high court) of the sentence imposed.....

Tags : Sentence, Imposition, Validity

If any judgment or order is obtained by fraud, it cannot be said to be a judgment or order in law(10.10.2018)

Present appeal is against the order passed by the Tribunal. Aggrieved of said order passed in the review petition as also the basic award, the Appell.....

Tags : Compensation, Grant, Review

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

Once a guarantee is valid on the face of it, the contractual obligation of the bank is to pay the nominated beneficiary, if the conditions are met(30.12.2022)

In present case, the High Court dismissed the application brought by the liquidators of the Appellant, Cape Concentrate (Pty) Ltd. to set aside, as a .....

Tags : Payment, Demand, Bank guarantees

Claimant cannot maintain a claim on basis of his own fault or negligence(31.08.2018)

National Insurance Co. Ltd. has filed present appeal challenging the judgment whereby the High Court has directed the Appellant-insurer to pay the com.....

Tags : Compensation, Payment, Direction, Validity

Court covers its ears amidst religious caterwauling(08.04.2016)

The Lucknow Bench of the Allahabad High Court avoided, narrowly, being dragged into a controversial religious debate about the use of loudspeakers dur.....

Tags : public nuisance, loudspeaker, temple, religious

State Government is liable to make the payment of electricity and water bills in respect of hotels/accommodations, occupied by security forces(31.08.2018)

The simple and short grievance of the petitioners in these petitions is that, although their hotels came to be occupied by the security forces from 19.....

Tags : Charges, Payment, Liability

Ministry of Corporate Affairs amends Companies (Incorporation) Amendment Rules, 2021(25.01.2021)

Ministry of Corporate Affair (MCA) has notified Companies (Incorporation) Amendment Rules, 2021 which sought to amend the Companies (Incorporation) Ru.....

Tags : Companies, Incorporation, Rules, Amendment

MCA amends Nidhi Rules, 2014 to safeguard the interest of general public(20.04.2022)

Initially, there was no requirement for a company to obtain a declaration from the Central Government in order to operate as a Nidhi Company under the.....

Tags : Mandatory, Nidhi companies, declaration

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

Rs. 20 lakh compensation for kin of Beas river deceased(02.01.2016)

The Himachal Pradesh High Court increased severally the interim compensation awarded to parents of students who drowned in Beas river in 2014. The inc.....

Tags : beas tragedy, 2014, compensation, assessment

Newly Amended Triple Talaq Bill Passed In Lok Sabha(27.12.2018)

The Lok Sabha has passed the Muslim Women (Protection of Rights on Marriage) Bill 2018 in short ‘triple talaq’ bill in the ongoing winter session. T.....

Tags : Triple talaq, Bill, Amendment

High Court had power to prevent abuse and quash confronted proceeding, if any attempt is made to abuse the authority(29.10.2018)

The present petition has been filed to set aside the order convicting Petitioner under Section 376, 323 of Indian Penal Code, 1860 (IPC), and the orde.....

Tags : Proceedings, Quashing of, Jurisdiction

Government approves continuation of the National Export Insurance Account (NEIA) scheme(29.09.2021)

In order to provide a boost to the exports sector, Government has undertaken a series of measures. In line with this objective, the Government has app.....

Tags : Scheme, Approval, Continuation

RBI imposes restriction on Mastercard from on-boarding new domestic customers(14.07.2021)

The Reserve Bank of India (RBI) has imposed restrictions on Mastercard Asia / Pacific Pte. Limited (Mastercard) from on-boarding new domestic customer.....

Tags : Supervisory action, Restrictions, Mastercard

IBBI amends the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016(21.07.2021)

The Insolvency and Bankruptcy Board of India (IBBI) notifies the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate.....

Tags : Amendment, Regulations, CIRP

Accused is entitled to get discharge, if there is no material on record to attract ingredients of offences alleged(29.10.2018)

The Petitioner herein has filed Petition under Section 227 of Code of Criminal Procedure, 1973 (CrPC) praying to discharge him from case pending on th.....

Tags : Proceedings, Discharge, Grant

Supreme Court cracks the whip on false affidavits(11.01.2016)

The Supreme Court upheld Rs. 10 lakhs of costs imposed by the High Court in deploring the filing of a false and misleading affidavit. Petitioner had d.....

Tags : false affidavit, unconditional apology

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

Compensation should be adequate and there must be no injustice with the land owners(16.04.2018)

In facts of present case, The Government of Haryana, vide Notification under Section 4 of the Land Acquisition Act, 1894 dated 18th October, 2005 has .....

Tags : Acquisition, Compensation, Validity

Proof of rashness and negligence on part of driver of vehicle is sine qua non for maintaining a claim petition(12.04.2018)

In instant case, The Appellant filed a claim petition under Section 166 of the Motor Vehicle Act,1988 on account of multiple grievous injuries sustain.....

Tags : Compensation, Grant, Proof, Negligence

The art of creating a mess(14.03.2016)

The spectacle of the “world’s largest stage” was dwarfed by the severally larger parking facilities and the Art of Living’s ‘World Cultural Festival’ .....

Tags : Art of living, cultural festival, Yamuna, flood plains

The art of creating a mess(14.03.2016)

The spectacle of the “world’s largest stage” was dwarfed by the severally larger parking facilities and the Art of Living’s ‘World Cultural Festival’ .....

Tags : Art of living, cultural festival, Yamuna, flood plains

When crying wolf 218 times is one too many(31.07.2015)

The Punjab and Haryana High Court recently passed a judgment calling a Petitioner's suit (with a further 20 listed for the month of August, 2015) friv.....

Tags : vexatious, frivolous, litigation, compensation

No straightjacket formula can be laid for grant or refusal of anticipatory bail and application for anticipatory bail is to be decided on basis of available facts in each case(17.04.2018)

Present anticipatory bail application under Section 438 of Code of Criminal Procedure, 1973 (CrPC) is preferred by the Petitioner apprehending her arr.....

Tags : Anticipatory bail, Benefit, Extension

When crying wolf 218 times is one too many(31.07.2015)

The Punjab and Haryana High Court recently passed a judgment calling a Petitioner's suit (with a further 20 listed for the month of August, 2015) friv.....

Tags : vexatious, frivolous, litigation, compensation

Differentially pricing the web(09.12.2015)

The Telecom Regulatory Authority of India has released a paper on the merits (and demerits) of TRAI keeps a vigil not only on internet standards, adv.....

Tags : Differential pricing, trai, net neutrality

President’s Rule in Uttarakhand to stay for now(22.04.2016)

The Supreme Court put paid to hopes that President’s Rule in the State of Uttarakhand will be a short one. It stayed an order of the Uttarakhand High .....

Tags : president’s rule, uttarakhand, appropriation bill

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

A citizen cannot be non-suited on ground that, authority has failed to take decision in decision making process(22.11.2018)

The Petitioner has filed the present writ application for quashing the order contained in Memo No. 1023 dated 27th May, 2010, whereby the claim of the.....

Tags : Promotion, Denial, Legality

GST council has notified constitution of Anti-profiteering Authority(20.06.2017)

In order to keep a check on passing of price reduction benefit in tax rate from businesses to consumers, a five-member anti-profiteering authority has.....

Tags : Authority, Constitution, Benefit, Price reduction

Railway administration is not liable to pay compensation, if passenger dies or suffers injury due to- suicide or attempted to suicide by him or self-inflicted injury(21.11.2018)

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 : Compensation, Payment, Exemption

Pakistan’s Hindu Marriage Act returns(28.03.2016)

Pakistani National Assembly’s Law and Justice Standing Committee recently approved the

Tags : Complaint, Sexual harassment, Time barred

Evidence of Food Inspector need not necessarily corroborate from independent witnesses(05.10.2018)

The revisionist-accused has preferred present revision under Sections 397 and 401 of Code of Criminal Procedure, 1973 (CrPC) against the judgment pass.....

Tags : Conviction, Provision, Compliance

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

Mere inclusion of candidate's name in the select list does not confer any right to be appointed even if some of the vacancies remain unfilled(05.10.2018)

In present matter, Respondent No. 1 is an Autonomous Body, who is entrusted with the duty to conduct recruitment process for the post of Probationary .....

Tags : Wait list, Appointment, Grant

National Policy on Biofuels, 2018 approved by the Central Government(16.05.2018)

The Union Cabinet, chaired by the Prime Minister has approved National Policy on Biofuels, 2018. At present, only ethanol produced from sugarcane was .....

Tags : Policy, Approval, Biofuels

Emotional dependence cannot be measured to be in part; either it is there or is not there(03.10.2018)

In present matter, the daughter of the Appellants (hereafter the victim) died on August 2, 1999 in a rail accident. The accident claimed the lives of .....

Tags : Compensation, Denial, Validity

Cabinet approves establishment of Appellate Tribunal for speedy disposal of Benami Transaction matters(24.10.2018)

The Union Cabinet headed by Prime Minister has approved the appointment of Adjudicating Authority and establishment of Appellate Tribunal under Prohib.....

Tags : Tribunal, Establishment, Approval

Railway to pay for deaths of ‘roof riders’(05.07.2016)

The Supreme Court awarded compensation to kin of deceased who died while riding on the roof of train carriages.

The tragedy occurred when h.....

Tags : railway, compensation, death, roof rider

Long road to justice after unauthorised laying of road on private land(05.07.2016)

The High Court of Himachal Pradesh directed the State to compensate a land owner for unauthorised and free use of his land for laying a road.

.....

Tags : land acquisition, unauthorised, compensation, road laying

Title of religious text not ordinarily registrable as trade mark(27.10.2015)

The Supreme Court left little room for interpretation in its ruling against registration of a trade mark in ‘Ramayan’ to be used on packaging for ince.....

Tags : Trade mark, religious text , title, public juris

Companies Amendment (Ordinance), 2018 promulgated(02.11.2018)

President of India gives his assent for promulgation of the Companies Amendment (Ordinance), 2018 approved by the Union Cabinet. The Ordinance is base.....

Tags : Assent, Promulgation, Ordinance

Court refutes arguments transposing arbitration clause from pricing clause(01.07.2016)

An arbitration clause can be incorporated in a contract where reference to the same is made as part of the contract, the Madras High Court reiterated......

Tags : arbitration, clause, incorporation, contract

Cleanup begins after KPSC “deceit”(21.06.2016)

Karnataka High Court held the procedure followed by Karnataka Public Service Commission in preparing the list of candidates admitted to the written ex.....

Tags : karnataka, public services, selection, nepotism

Possession of old 500 & 1000 rupee notes set to become illegal(29.12.2016)

The Central Government Cabinet had approved an ordinance in respect of possession of old notes as a penal offence. The Cabinet has approved promulgati.....

Tags : Notes, Possession, Legality

Detaining suspect illegally outside ‘official duties’ of police(05.07.2016)

Police officials cannot be said to be acting “in the discharge of official duties” when they illegally detain a suspect longer than is claimed by them.....

Tags : criminal, police, sanction, illegal detention

SC: Cannot attach property of deceased person(04.07.2016)

The Criminal Law Amendment Ordinance, 1944 “excludes the possibility of proceedings against a dead person”, said the Supreme Court as it allowed an ap.....

Tags : misappropriation, attachment, property, deceased

Possession of old 500 & 1000 rupee notes set to become illegal(29.12.2016)

The Central Government Cabinet had approved an ordinance in respect of possession of old notes as a penal offence. The Cabinet has approved promulgati.....

Tags : Notes, Possession, Legality

Government Approves Ordinance for Capital Punishment to Child Rapists(21.04.2018)

In wake of recent horrific incidents of child rapes in different parts of country, the Central Government has approved an Ordinance for providing stri.....

Tags : Capital Punishment, Ordinance, Approval

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

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

Tags : Adultery, Provision, Validity

CIC dismisses appeal seeking up-to-date government email addresses(16.12.2015)

The Central Information Commission dismissed an appeal seeking email addresses of all governments, public authorities and organisations maintained by .....

Tags : Rti, email addresses, outdated, security, privacy

CENVAT credit can be availed on the basis of debit notes(14.12.2018)

In instant matter, the Appellant herein is a Public Sector Undertaking engaged in manufacture of various petroleum products and have been availing the.....

Tags : Demand, Penalty, Confirmation

Executing court cannot go beyond the decree.(12.12.2018)

In instant matter, the Complainant purchased a shop. The said building including the said shop of the Complainant was re-developed by the Housing Soci.....

Tags : Shop, Possession, Direction

Cabinet approves Special Remission Scheme for prisoners(18.07.2018)

The Union Cabinet chaired by the Prime Minister grants Special Remission to Prisoners as part of Commemoration of 150th Birth Anniversary of Mahatma G.....

Tags : Prisoners, Remission Scheme, Approval

Hitting with a gun not the same as shooting with one(24.06.2016)

The Madras High Court deleted a charge under Section 25 of the Arms Act against an accused who attacked the complainant physically with a gun.

.....

Tags : arms act, assault, simple injury

Not precluded as ‘consumer’ even if outcome commercial(22.07.2016)

Unless a party approaching the consumer disputes redressal forums is a partner or a co-adventurer in a business from which dispute arises, it remains .....

Tags : consumer, protection, commercial, joint venture

Government revised definition of start-up to promote entrepreneurship(25.05.2017)

With an endeavour to promote entrepreneurship in the country, Department of Industrial Policy and Promotion (DIPP), a nodal body for Start-up India Pl.....

Tags : Definition, start-up, Amendment

Multiple life imprisonment sentences to not run consecutively(01.01.1900)

A constitution bench of the Supreme Court held that though multiple sentences for life imprisonment can be awarded for multiple crimes, the same canno.....

Tags : murder, sentence, life imprisonment, consecutive

Flat-buyers’ endeavours against Unitech stumped by COMPAT(20.07.2016)

A (09.08.2018)

Present appeal by special leave by the landlord is against the order passed by the Calcutta High Court. Proceeding were under the West Bengal Premises.....

Tags : Municipal taxes, Payment, Obligation

Courts cannot lay down conditions of eligibility in respect of employment rules of Supreme Court(03.05.2019)

The Supreme Court in its recent Judgment has expressed that, the essential qualifications for appointment to a post are for the employer to decide and.....

Tags : Eligibility, Employment, Condition

Candidate has no right to insist that, vacancy in the Government service should be filled up immediately on its becoming available(08.08.2018)

In present batch of writ petitions, challenge has been thrown to the Advertisement Notification No. Pers-A400/2006/7503-403 dated 30th December, 2016 .....

Tags : Posts, Recruitment, Eligibility

Cabinet approves the incentive scheme for promotion of RuPay Debit Cards and low-value BHIM-UPI transactions(11.01.2023)

Cabinet Committee of Economic Affairs headed by Prime Minister has approved the incentive scheme for promotion of RuPay Debit Cards and low-value BHIM.....

Tags : Incentive scheme, Approval, RuPay Debit Cards

No employee has a right of promotion but has only right to be considered for promotion according to the Rules(10.08.2018)

Present order shall dispose of the application filed by applicant seeking review of the judgment. The writ petition was allowed by present Court holdi.....

Tags : Post, Promotion, Entitlement

Cabinet approves the incentive scheme for promotion of RuPay Debit Cards and low-value BHIM-UPI transactions(11.01.2023)

Cabinet Committee of Economic Affairs headed by Prime Minister has approved the incentive scheme for promotion of RuPay Debit Cards and low-value BHIM.....

Tags : Incentive scheme, Approval, RuPay Debit Cards

A government employee is entitled to get his previous service counted for purpose of pensionary benefits(08.08.2018)

The current application has been filed seeking the relief to Direct the Respondents (DTTE, GNCT of Delhi) to count the previous/past service (w.e.f. 2.....

Tags : Pensionary benefits, Previous service, Entitlement

Cabinet approves the incentive scheme for promotion of RuPay Debit Cards and low-value BHIM-UPI transactions(11.01.2023)

Cabinet Committee of Economic Affairs headed by Prime Minister has approved the incentive scheme for promotion of RuPay Debit Cards and low-value BHIM.....

Tags : Incentive scheme, Approval, RuPay Debit Cards

RBI’s Monetary Policy Committee decides to keep policy repo rates unchanged(05.04.2024)

The Monetary Policy Committee (MPC) at its meeting on 5thApril 5, 2024decided to keep the policy repo rate under the liquidity adjustment facility (LA.....

Tags : MPC, Repo rates, LAF

RBI proposes to permit linking of PPIs through third-party UPI applications(05.04.2024)

In order to provide more flexibility to PPI holders, it is now proposed to permit linking of PPIs through third-party UPI applications. This will enab.....

Tags : Digital payments, Linking, PPIs

Claimants are entitled to seek compensation from any of the wrongdoers, when it is found to be a case of composite negligence(21.02.2018)

In the instant case, on 08th December, 2012, the wife of the Appellant No. 1, was travelling in an auto-rickshaw, which was given a violent dash from .....

Tags : Compensation, Denial, Validity

Benefit of future prospects should not be confined only to those who have a permanent job and would extend to self-employed individuals(06.03.2018)

In present case, the Appellant was injured in a motor accident. The Tribunal awarded compensation of Rs. 12,81,228 for the injuries suffered by him. T.....

Tags : Award, Compensation, Enhancement

“Light Motor Vehicle" would include a transport vehicle as per the weight(06.03.2018)

The Motor Accident Claims Tribunal allowed a claim for compensation filed by the third Respondent. The claim arose from the death of the husband of th.....

Tags : Award, Compensation, Liability

Committee of Experts releases report on ‘Onshoring the Indian Innovation to GIFT IFSC’(25.08.2023)

A Committee of Experts to ‘Onshoring the Indian Innovation to GIFT IFSC’ constituted by International Financial Services Centres Authority (IFSCA) sub.....

Tags : Report, Submission, India innovation

CBDT releases Annual Advance Pricing Agreement report(01.09.2023)

The Central Board of Direct Taxes (CBDT) has recently released the fourth and fifth annual APA reports. The reports highlights key data and statistics.....

Tags : Report, Release, APA

Central Government notifies extension of RoDTEP Scheme to Advance Authorisation Holders, EOU and SEZ Units(08.03.2024)

Union Minister of Commerce and Industry, announces the extension of Remission of Duties and Taxes on Exported Products (RoDTEP) Scheme support to addi.....

Tags : RoDTEP Scheme, Extension, Economic growth

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

Government launches one-time settlement Scheme for Contractual Disputes(02.08.2023)

The Department of Expenditure, Ministry of Finance, has launched the scheme, "Vivad se Vishwas II - (Contractual Disputes), to effectively settle the .....

Tags : Settlement Scheme, Launch, Contractual Disputes

Railway administration cannot be held liable for preserving relevant documents after expiry of 6 months from date of delivery of consignment(05.06.2018)

Present appeal under Section 23 of the Railway Claims Tribunal Act, 1987 is against the judgment and order passed by the learned Railway Claims Tribun.....

Tags : Loss, Compensation, Validity

Averments set up by applicants are expected to be specifically denied by replying party, if there is no specific denial, then such an averment is deemed to have been admitted by the otherside(04.06.2018)

The Applicants have filed instant applications before present Court for the appointment of a sole Arbitrator under Section 11(6) of the J & K Arbitrat.....

Tags : Dispute, Settlement, Arbitrator, Appointment

Mere apprehensions of misuse of information or alleged inconspicuous actions of a citizen cannot take away their right to information(06.06.2018)

The Complainant sought information regarding under construction officer's mess, accommodation in Coastal Regulatory Zone in terms of copy of the NOC o.....

Tags : Information, Disclosure, Denial, Suspicion

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

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

Tags : Impleadment, Amendment, Rejection, Validity

State Government Obliged To Provide Medical Treatment To Prisoners In Need(18.06.2018)

By way of this writ petition filed under Article 226 of Constitution of India, prayer has been made on behalf of petitioner seeking his release on par.....

Tags : Parole, Medical Treatment, Prison, Prisoners

Lok Sabha passes Press and Registration of Periodicals Bill(21.12.2023)

In a historic decision, the Lok Sabha passes the Press and Registration of Periodicals Bill, 2023, repealing the colonial era law of the Press and Reg.....

Tags : Registration, Periodicals Bill, Approval

MeitY issues advisory to all intermediaries to comply with existing IT rules(26.12.2023)

Ministry of Electronics and Information Technology (MeitY) has issued an advisory to all intermediaries, ensuring compliance with the existing IT rule.....

Tags : Rules, Compliance, Advisory

Essence of crime of conspiracy is unlawful agreement and not its accomplishment(08.10.2018)

Present appeals are directed against the judgment passed by the trial Court whereby the Appellants were convicted for the offence punishable under Sec.....

Tags : Conspiracy, Circumstantial evidence, Conviction

In order to constitute a conspiracy, meeting of mind of two or more persons to do an illegal act or an act by illegal means is a must(10.10.2018)

Present appeal is directed against the final judgment passed by the High Court in Criminal Appeal whereby the High Court dismissed the appeal filed by.....

Tags : Conspiracy, Conviction, Legality

A candidate seeking appointment to a civil post cannot have an indefeasible right to appointment merely because of appearance of his name in merit list(15.01.2020)

In facts of present case, the candidates who were initially appointed as Lower Division Clerks and promoted as Upper Division Clerks/Head Clerks invok.....

Tags : Appointment, Eligibility, Right

IRDAI approves 8 principle-based consolidated Regulations(19.03.2024)

The Insurance Regulatory and Development Authority of India (IRDAI) approves eight principle-based consolidated regulations, following the comprehensi.....

Tags : Insurance sector, Regulation, Approval

Notifications & Circulars

Guidelines Prescribing Modalities for Persons with Disabilities to Show Respect to The National Anthem(25.01.2017)

In pursuance of the order of Hon'ble Supreme Court dated 09.12.2016 in the matter of Writ Petition (Civil) No. 855 of 2016, the Central Government has.....

Tags : Modalities, Persons with disabilities, Respect, National Anthem

Prohibition on Indian Party from making direct investment in countries identified as "Non Co- operative countries and territories"(25.01.2017)

Attention of the Authorised Dealer Category - I (AD - Category I) banks is invited to Regulation 6 of FEMA Notification No. FEMA.120/RB-2004 dated Jul.....

Tags : Prohibition, Direct investment, Non Co- operative countries

CBIC releases National Time Release Study, 2023 report(15.06.2023)

Central Board of Indirect Taxes and Customs (CBIC) released the National Time Release Study (NTRS) 2023 report.TRS as a performance measurement tool a.....

Tags : NTRS, Report, Release

Central Consumer Protection Authority issues ‘Guidelines for Prevention and Regulation of Dark Patterns, 2023’(08.12.2023)

The Central Consumer Protection Authority, in exercise of the powers conferred by Section 18 of the Consumer Protection Act, 2019, has issued “Guideli.....

Tags : Guidelines, Issuance, Dark patterns

TRAI releases Recommendations on "Applicability of e-KYC process for existing mobile subscribers as well as outstation customers"(23.01.2017)

The Telecom Regulatory Authority of India (TRAI) has issued its Recommendations on (i) "Verification of existing mobile subscribers through Aadhaar ba.....

Tags : Recommendations, Applicability, E-KYC process

Provisions of EPF Act are applicable to a private security agency engaged in expert service of providing personnel to its client(02.12.2020)

The Appellant is engaged in the business of providing private security guards to its clients on payment basis. The Appellant is registered under the P.....

Tags : Private agency, Provisions, Applicability

Central Government approves continuation of ongoing urea subsidy scheme(14.03.2018)

The Cabinet Committee on Economic Affairs, chaired by Prime Minister has approved the proposal of Department of Fertilizers to continue Urea Subsidy S.....

Tags : Scheme, Subsidy, Approval

Fiscal Responsibility and Budget Management (FRBM) Committee headed by Shri N.K. Singh presents its Report to the Union Finance Minister Shri Arun Jaitley(23.01.2017)

The Fiscal Responsibility and Budget Management (FRBM) Committee headed by Shri N.K. Singh, former Revenue and Expenditure Secretary and former Member.....

Tags : Budget Management, Committee, Report

Political Parties cannot receive donation above Rs. 2,000 in cash from one person(01.02.2017)

The Union Minister for Finance and Corporate Affairs, Shri Arun Jaitely while presenting the General Budget 2017-18 in Parliament today said that the .....

Tags : Donation, Limit, Political parties

Cabinet approves Banning of Unregulated Deposit Schemes Bill, 2019 to curb illicit deposit taking activities(10.07.2019)

The Union Cabinet, chaired by the Prime Minister has approved the banning of Unregulated Deposit Schemes Bill, 2019. The bill will replace the bannin.....

Tags : Bill, Approval, Schemes, Illicit deposit

Where no minimum sentence is prescribed, accused is entitled to default bail if charge-sheet not filed in 60 days(04.12.2020)

Accused had moved a petition under Section 167(2) of Code of Criminal Procedure, 1973 (CrPC) to release him, on the ground that, 60 days period having.....

Tags : Charge sheet, Time period, Default bail

Investigation and arrest under Immoral Traffic (Prevention) Act, 1956 has to be conducted by Special Police Officer authorized in that behalf(27.11.2020)

Petition has been filed under Section 482 of Code of Criminal Procedure, 1973 (CrPC) to quash all further proceedings against the Petitioner/first acc.....

Tags : Jurisdiction, Proceedings, Quashing of

“Right to sue" accrues when a default occurs and if the default has occurred over three years prior to the date of filing of the Application, the Application would be barred(14.10.2020)

Present Appeal emanates from the Impugned Order passed by the Adjudicating Authority, whereby the Adjudicating Authority has admitted the Application .....

Tags : Initiation, CIRP, Legality

Plea for transfer of case should not be entertained on mere apprehension of a hyper sensitive person(16.10.2020)

The present petitions are filed under Section 406 of the Code of Criminal Procedure, 1973 (CrPC) read with Order XXXIX of the Supreme Court Rules seek.....

Tags : Apprehension, Transfer plea, Entitlement

Income Tax Department (ITD) launches Operation Clean Money(31.01.2017)

Income Tax Department (ITD) has initiated Operation Clean Money, today. Initial phase of the operation involves e-verification of large cash deposits .....

Tags : Launch, Operation, Clean money

When there is no specific denial against the assertions made by the creditors, it implies admission(16.10.2020)

Present are appeals preferred under Section 483 of the Companies Act, 1956, read with Section 5 of the High Court Act, challenging the correctness of .....

Tags : Insolvency, Winding up, Validity

Fixing Minimum Support Price is a policy decision which cannot be interfered with by the Court, unless arbitrary(19.10.2020)

Petitioner prayed for issuance of writ in the nature of writ of mandamus directing the Respondents to henceforth immediately and expeditiously procure.....

Tags : MSP, Fixation, Legality

Domiciling a special class: a new reservation(27.10.2015)

The Supreme Court, hearing petitions against State policies of Andhra Pradesh, Telangana and Tamil Nadu to restrict eligibility of students to super-s.....

Tags : Article 370, article 371, special class, Andhra Pradesh, telangana

Insolvency and Bankruptcy Bill, 2015(09.11.2015)

The Ministry of Finance has placed the draft Insolvency and Bankruptcy Bill, 2015 on its website and is receiving comments on it till 19 November 2015.....

Tags : Bankruptcy, insolvency, draft, bill, 2015, report

Grant of benefits of higher pay scale to Central/State Government employees stand on different footing than grant of pay scale by an instrumentality of State(09.07.2021)

The present appeals are directed against an order passed by the Division Bench of the High Court whereby the writ petitions filed by the Respondents w.....

Tags : Pay-scale, Entitlement, Direction

When the decree holder has a pre-existing right in the property, a decree does not require registration(06.07.2021)

The Appellant filed a suit for possession in the year 1978 disputing the Will dated 4th December, 1958 executed in favour of the defendant. The Appell.....

Tags : Registration, Provision, Applicability

India Post Payments Bank Limited commences operations(30.01.2017)

India Post Payments Bank Limited has commenced operations as a payments bank with effect from January 30, 2017. The Reserve Bank has issued a licence .....

Tags : Payments bank, Operation, Commencement

Procedures for Exchange Listing Control Mechanism(27.01.2017)

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

Tags : Exchange Listing, Mechanism, Procedures

Reopening on the basis of the report of Investigation Wing without independent application of mind by AO is not valid(07.07.2021)

In present case, the assessee is a company and had filed its return of income on 30th September, 2011 declaring a loss of Rs.3,91,500. The return was .....

Tags : Assessment, Re-opening, Validity

SIDBI and CSC signs MOU for providing easy credit to village level entrepreneurs(24.05.2018)

Small Industries Development Bank of India (SIDBI) signs Memorandum of Understanding (MoU) with Common Service Centres (CSC) aiming to ensure easy cre.....

Tags : MOU, Financial Support, Rural area

In a Motor Accident Compensation Claims, compensation for 'loss of consortium' can be awarded to children and parents also(07.09.2020)

Present appeals have been filed by three Insurance Companies, i.e., New India Assurance Company Limited, Cholamandalam MS General Insurance Company Lt.....

Tags : Accident, Compensation, Entitlement

Government brings Taxation Laws (Amendment) Ordinance, 2019 slashing corporate tax rates to boost investment(20.09.2019)

In order to make certain amendments in the Income-tax Act, 1961 and the Finance Act, 2019, the Government has brought in the Taxation Laws (Amendment).....

Tags : Ordinance, Corporate tax, Reduction

Party can claim maintenance from the estate of husband under Section 19 of Hindu Adoption and Maintenance Act, 1956 only after demonstrating that she is unable to maintain herself(07.09.2020)

The Petitioner was blessed with two sons. Late Bhupinder was married to Respondent no. 1 on 12th December, 2004 and died on 21st May, 2015. Respondent.....

Tags : Maintenance, Eligibility, Proof

IBC is not a substitute to a recovery forum and whenever there is existence of real dispute, the IBC provisions cannot be invoked(04.09.2020)

The present appeal has been preferred by Kuntal Construction Pvt. Ltd. ('Operational Creditor') under Section 61 of the Insolvency & Bankruptcy Code 2.....

Tags : CIRP, Initiation, Legality

Rajya Sabha passes the Insolvency and Bankruptcy Code (Second Amendment) Bill, 2020(19.09.2020)

Rajya Sabha amends IBC by temporarily suspending initiation of Corporate Insolvency Resolution Process. The Insolvency and Bankruptcy Code (Second Ame.....

Tags : CIRP, Initiation, Suspension

Reference to factual aspects in Second Appeal by the High Court to raise and conclude on question of law does not mean that evidence has been re-appreciated(02.09.2021)

The Plaintiff filed the suit seeking the relief of perpetual injunction to restrain the Defendants from interfering with the peaceful possession and e.....

Tags : Facts, Reference, Second appeal

Cabinet approves protocol amending convention between India and Brazil for avoidance of double taxation(06.11.2019)

The Union Cabinet Chaired by the Prime Minister approved the signing of the Protocol amending the Convention between India and Brazil for the avoidanc.....

Tags : Convention, Approval, Double Taxation

Prudential Limits in Sector Exposure for Housing Finance Companies (HFCs)(22.02.2017)

Presently, the guidelines for sectoral exposure in debt oriented mutual fund schemes put a limit of 25% at the sector level and an additional exposure.....

Tags : Limit, Housing Finance, Sectoral exposure

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

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

Tags : Appointment, Procedure, Legality

Court has no discretion to vary the amount required to be deposited before entertaining the application under Section 34 of Arbitration Act(02.09.2021)

In facts of the present case, the parties were engaged in commercial business transactions relating to purchase of readymade denims and shirts by the .....

Tags : Pre-deposit, Direction, Legality

Quantum proceedings and penalty proceedings are independent and so, distinct proceedings and confirmation of an addition cannot, on a standalone basis, justify upholding of a penalty(02.09.2021)

By present miscellaneous application, the applicant revenue seeks to recall order passed, wherein the revenue's appeal was summarily dismissed on acco.....

Tags : Assessment, Penalty, Upholding of

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

Cabinet Approves Signing of Air Services Agreement Between India and Greece(22.02.2017)

Union Cabinet chaired by the Prime Minister Shri Narendra Modi has approved the signing of Air Services Agreement (ASA) between India and Greece. The .....

Tags : Air services, Approval, Agreement

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

No bar in permitting amendment of pleadings or filing of additional documents in CIRP application under Section 7 of IBC(04.08.2021)

Present Appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) is against a judgment passed by the National Company Law Appellate T.....

Tags : Additional documents, CIRP, Bar

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

RBI releases framework for geo-tagging of payment system touch points(25.03.2022)

RBI releases geo-tagging of payment system touch points. In recent years, the payments ecosystem in India has witnessed rapid developments with a bouq.....

Tags : Geo-tagging, Payment system, Release

CBDT amends provisions of Income-tax Rules, 1962 for prescribing fees under Section 234H of the Income-tax Act, 1961(30.03.2022)

In order to mitigate the inconvenience to the taxpayers, as per Notification No.17/2022 dated 29th March, 2022, a window of opportunity has been provi.....

Tags : Provision, Amendment, Fees, Levy

Unexplained delay in disposal of the representation made on behalf of the detenu is sufficient to set aside detention order(02.08.2021)

The Petitioner is the mother of the detenu. The detenu has been detained by the second Respondent holding him to be a "Goonda", as contemplated under .....

Tags : Procedural safeguards, Detention, Legality

Quantification of penalty is dependent upon the additions made to the income of the assessee(02.08.2021)

Assessee is a company stated to be engaged in the business of carrying on infrastructure activities. Assessee filed its return of income for Assessmen.....

Tags : Assessment, Penalty, Validity

In a case of revocable Trust, the provisions of Section 61 to 63 of IT Act were applicable and the assessee could not be assessed as AOP(15.09.2021)

Assessee is a Trust created by Asset Reconstruction Company India Ltd. (ARCIL) for the purpose of liquidating/recovering/realizing the non-performing .....

Tags : Revocable Trust, applicability of provisions

RBI announces Monetary Policy and keeps repo rates unchanged(08.12.2021)

The Monetary Policy Committee (MPC) decides to keep the policy repo rate under the liquidity adjustment facility (LAF) unchanged at 4.0 per cent on th.....

Tags : Monetary Policy, Repo rate, Announcement

Central Government approves E- Vehicle policy(15.03.2024)

The Union Government has approved a scheme to promote India as a manufacturing destination so that e-vehicles (EV) with the latest technology can be m.....

Tags : Policy, Approval, E-vehicles

If the Assessee has mistakenly included any amount which is exempted from the payment of Income-tax, Revenue is under obligation to grant the refund of tax paid in excess by him(21.09.2020)

In facts of present case, the Assessee is a company, deriving income from agricultural activities and earning from investments. For the assessment yea.....

Tags : Additions, Exemption, Direction

A person who advanced interest free loans to corporate body is also a financial creditor and can initiate CIRP(26.07.2021)

Present appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) is against the final judgment of the National Company Law Appellate .....

Tags : CIRP, Initiation, Right

SEBI's consent cannot be mandatory before SAT or the Court before which the proceeding is pending, for compounding of offence under Section 24A of SEBI Act(23.07.2021)

The Appellant is being prosecuted for an offence under Section 24(1) of the Securities and Exchange Board of India Act, 1992 ("SEBI Act"). The Appella.....

Tags : Offence, Compounding, Denial

Subjected to law? Make a fuss(07.12.2015)

Hearing complaints of how the upper echelon of the Indian National Congress political party illegally acquired several thousand crores worth of Associ.....

Tags : Gandhi, national herald, summons, prima facie

Central Government approves recapitalisation of Export-Import Bank of India(16.01.2019)

The Union Cabinet, chaired by the Prime Minister has approved the recapitalization of EXIM Bank. Recapitalization Bonds by Government of India to the.....

Tags : Recapitalisation, Exim bank, Approval

In exercise of jurisdiction vested in present Court under Article 227 of the Constitution, Court is not to reappraise facts(27.07.2021)

Present petition has been filed by the Plaintiff before the learned Trial Court under Article 227 of the Constitution of India, 1950 praying that the .....

Tags : Possession, Injunction, Entitlement

Cabinet Approves Signing of an Agreement Between India and Poland on Cooperation in the Field of Agriculture and Allied Sectors(22.02.2017)

The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has given its approval for signing of an Agreement between India and Poland on coop.....

Tags : Approval, Agreement, Agriculture Sector

Cabinet Approves MoU Between India and Australia for Promotion and Development of Cooperation in Civil Aviation Security(22.02.2017)

The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has given its approval for signing of a Memorandum of Understanding (MoU) between I.....

Tags : MOU, Approval, Aviation, Security

Making Digital Payments a Mass Movement in India, Nearly 10 lakh Citizens Get Reward Money Over Rs.153.5 Crore for Embracing Digital Payments(21.02.2017)

It has been 58 days since the launch of NITI Aayog's two incentive schemes - Lucky Grahak Yojana and Digi Dhan Vyapar Yojana to promote digital paymen.....

Tags : Digital payments, Movement, Reward

Central Government issues extension of Interest Equalization Scheme for Pre and Post Shipment Rupee Export Credit(08.03.2022)

Government of India has approved the extension of Interest Equalization Scheme for Pre and Post Shipment Rupee Export Credit (‘Scheme’) up to March 31.....

Tags : Scheme, Extension, Approval

ECGC introduces new scheme providing export credit risk insurance cover up to 90% for small exporters(26.07.2022)

Export Credit Guarantee Corporation (ECGC) has introduced a new scheme to provide enhanced export credit risk insurance cover to the extent of 90% to .....

Tags : Insurance cover, Scheme, Small exporters

Maternity Leave in Private Sector(22.03.2017)

Maternity benefits to workers in the private sector are regulated under Employees' State Insurance (ESI) Act, 1948 and Maternity Benefit (MB) Act, 196.....

Tags : Leave, Maternity, Private sector

Strict compliance of 'Flag Code of India, 2002' and 'The Prevention of Insults to National Honour Act, 1971'(22.03.2017)

The Ministry of Home Affairs has issued an Advisory to the Chief Secretaries/Administrators of all State Governments/UT Administrations, Secretaries o.....

Tags : Flag code, Compliance, Strict

Concealment of income can be levied only in cases where the concealment has been proved(26.07.2021)

Assessee is a company who filed its return of income for A.Y. 2008-09, declaring total income of Rs.1307,37,84,038. Thereafter, assessee filed revised.....

Tags : Assessment, Penalty, Levy

Highlights of Telecom Subscription Data on 31 July, 2015(30.09.2015)

Telecom Regulatory Authority of India released subscription data for the period ending 31 July, 2015. The total number of telephone subscribers contin.....

Tags : Trai, telecom report, july, 2015

A return to public hangings(30.07.2015)

When a judge begins his deliberations with a somewhat sardonic assessment that, “the issue had seen the end yesterday, appears to have unending charac.....

Tags : supreme court, death, public trial

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

NCLT/NCLAT has no residual equity jurisdiction while dealing with Resolution Plan approved by Committee of Creditors(10.08.2021)

Present appeal arises under Section 62 of the Insolvency and Bankruptcy Code, 2016 against a judgment of the National Company Law Appellate Tribunal. .....

Tags : Resolution Plan, CoC, Jurisdiction

When the notice issued by the AO is vague and ambiguous, the penalty proceedings initiated under Section 271(1)(c) of IT Act are not sustainable(13.08.2021)

In facts of present case, on the basis of assessment framed under Section 143(3) of Income Tax Act, 1961, penalty proceedings have been initiated for .....

Tags : Assessment, Penalty, Legality

Legislation seems to be the hardest word()

With the impending conclusion of the Monsoon Session of the Parliament of India, the inconvenient question of how it bettered the nation for economic .....

Tags : Parliament, session, bills

A little more compassion for married daughters(30.11.2015)

It may not quite be the “but-for-sex”, but Chhattisgarh High Court’s ruling took a step in quelling another probably archaic, certainly egregious gove.....

Tags : compassionate appointment, married daughter, Chhattisgarh

Participation in Derivatives Market by Mutual Funds(20.02.2017)

In terms of SEBI circular no. DNPD/Cir-29/2005 dated September 14, 2005, existing schemes of the Mutual Funds, whose Scheme Information Documents (SID.....

Tags : Mutual fund, Market, Participation

Subsequent compliance in assessment proceedings is considered as a good compliance and default committed earlier needs to be condoned by the Assessing officer(28.10.2020)

Present appeals have been preferred by the Assessees against the separate orders of the Learned Commissioner of Income Tax (Appeals) {CIT(A)} wherein .....

Tags : Penalty, Levy, Validity

RBI Consumer Confidence Survey(10.09.2015)

The Reserve Bank of India has been conducting consumer surveys on economic conditions, income spending and prices and other criteria since 2010. It re.....

Tags : Contempt, mci, b.sc, medicine

RBI Consumer Confidence Survey(10.09.2015)

The Reserve Bank of India has been conducting consumer surveys on economic conditions, income spending and prices and other criteria since 2010. It re.....

Tags : Contempt, mci, b.sc, medicine

A heavy price for not charging toll(08.09.2015)

In a case where the State government issued notifications on charging toll on highways contrary to the Concession Agreement with the Petitioner, it wa.....

Tags : highways, toll, public policy

Cabinet approves amendment to 'The Right of Children to Free and Compulsory Education Act, 2009'(22.03.2017)

The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has approved the amendment to Right of Children to Free and Compulsory Education (R.....

Tags : Free Education, Amendment, Approval

Jammu and Kashmir HC approves suo moto accountability(01.02.2016)

Jammu and Kashmir High Court ruled the State’s Accountability Commission, a body receiving complaints against public functionaries, capable of beginni.....

Tags : Accountability commission, suo moto, proceedings

Promotion under the scheme is to be given benefit only from the entry of service of incumbent teacher into the University(17.12.2020)

Present civil appeal is filed by the Karnataka University aggrieved by the judgment and order passed by the High Court. By the aforesaid Order, Divisi.....

Tags : Scheme, Promotion, Benefit

Petition under Section 482 of CrPC filed by a person unconnected with proceedings cannot be ordinarily entertained by High Court(16.12.2020)

Present appeal has been filed questioning the order passed by the High Court in application under Section 482 of Code of Criminal Procedure, 1973 (CrP.....

Tags : Third party, Locus standi, Legality

An urge towards protecting vulnerable witnesses(16.12.2015)

The Madras High Court confirmed a conviction and sentence of the accused by a trial court for the rape of a minor. It rejected contentions that the vi.....

Tags : Rape, minor, competent victim, vulnerable

RBI’s Circular issued to extend relief to borrowers during the COVID-19 pandemic is not applicable to defaults prior to the outbreak of the pandemic(18.12.2020)

The present writ petition has been filed challenging the impugned letter sent by Respondent No.1/IL&FS Financial Services Ltd. ('IL&FS'), by which it .....

Tags : Burrowers, RBI circulars, Applicability

Married daughters are eligible to seeking benefit of compassionate appointment(15.12.2020)

Petitioner in present petition has challenged the order denying appointment on compassionate ground on the death of her father on the score that she i.....

Tags : Married daughters, Compassionate appointment, Entitlement

No mercy for abuse of position of trust(01.09.2015)

Noting that a bus conductor's position was one of trust within a transport company as he was responsible for collection of fares, and checks to bolste.....

Tags : Corruption, mercy, position of trust

Doctrine of parity? Some more equal than others(29.09.2015)

Deciding an appeal against grant of bail to the Respondent, a history-sheeter, the Supreme Court made sure to reiterate that it had not cancelled bail.....

Tags : bail, antecedents, parity, criminal

Civil Aviation Policy: Trading lower fees for higher taxes?(15.06.2016)

The Ministry of Civil Aviation released the National .....

Tags : civil aviation, policy, airport charges, developer fee, concession, international flights

Minor deviation from explicit terms of NIT would not by itself be sufficient to set aside tender in absence of malafides(11.12.2020)

Petitioner, who is an A Class Contractor, has challenged Exhibit P8 order alleging that, the 2nd lowest bidder on 8th September, 2020 was awarded the .....

Tags : Selection notice, Award, Compliance

Share Application Money as transferred by the assessee is ‘Capital Asset’ for the purpose of Income Tax Act, 1961(15.12.2020)

In facts of present case, as a part of corporate restructuring undertaken by the assessee group, it was decided that, shares of certain group entities.....

Tags : Assessment, Share money, Capital Assets

Officers of private bank punishable under POCA(23.02.2016)

Officers of a private bank, specifically its Chairman, Directors and other Officers are ‘public servants’ who can be prosecuted under the Prevention o.....

Tags : Prevention of corruption, bankers, public duty

Busy Budget: Snapshot of the 2016 proposals(29.02.2016)

The Central Government's Budget for 2016-2017 is out and has faced great scrutiny in the public spotlight. Being a large proposal, the devil is in the.....

Tags : budget, 2016-2017, employment, pension, welfare

GST Council Approved Final Draft of Central GST and Integrated GST(04.03.2017)

The all-powerful GST Council headed by Union Finance Minister Arun Jaitley approved final draft of Central GST (C-GST) and Integrated GST (I-GST). Fur.....

Tags : Council, Approval, Implementation, GST

Cabinet approves proposal for Amendments to the NABARD Act, 1981(22.03.2017)

Union Cabinet chaired by the Prime Minister Shri Narendra Modi has approved the following proposals:

(a) Amendments to National Bank for Agr.....

Tags : Enactment, Amendment, Approval

Review of implementation of SEZ Policy(20.03.2017)

Ongoing review and reform, as necessary, of Government policy and procedure is inherent to Public Policy. The Government, on the basis of inputs/sugge.....

Tags : Policy, Review, SEZ

Court looks to cut spam on Naukri.com(15.12.2015)

Delhi High Court allowed a suit for injunction by Info Edge, the company that runs the well-known job portal ‘Naukri.com’, against a person who regist.....

Tags : Naukri.com, job portal, duping customers, naukrinews

Court looks to cut spam on Naukri.com(15.12.2015)

Delhi High Court allowed a suit for injunction by Info Edge, the company that runs the well-known job portal ‘Naukri.com’, against a person who regist.....

Tags : Naukri.com, job portal, duping customers, naukrinews

Mere filing of representation before authorities does not extend limitation period(28.02.2022)

The Petitioner filed Writ Petition by which the Petitioner prayed to allot 10% plot to him as provided under Clause 12 of the Sale Deed dated 19th Sep.....

Tags : Delay, Time period, Extension

India-Australia Convened First Joint Steering Committee(06.10.2017)

The officials of India-Australia met for first Joint Steering Committee on 6th October, 2017. Shri TVSN Prasad, Additional Secretary, Ministry of Home.....

Tags : Co-operation, Mutual, Terrorism, Combating

Master Directions on Issuance and Operation of Prepaid Payment Instruments in India(20.03.2017)

As you are aware, the Reserve Bank of India has, from time to time, issued a number of circulars containing policy guidelines on Issuance and Operatio.....

Tags : Direction, Pre-paid payments, Operations

Cabinet approves four GST Bills(20.03.2017)

The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has approved the following four GST related bills:

1. The Central Goods a.....

Tags : GST bills, Approval, Integration

Cabinet approves implementation of Supreme Court's Judgment regarding Target Plus Scheme (TPS) under Foreign Trade Policy (FTP) 2004-2009(12.04.2017)

The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has approved the implementation of Supreme Court's Judgment dated 27th October 2015.....

Tags : Judgment, Implementation, Target Plus Scheme

Entire process of grant of promotion to the eligible officials should be carried out in a completely transparent and objective manner(09.08.2017)

In present case, the Appellant sought information regarding details of total vacancies created in the cadre of Group 'A' (Assistant Commissioner), det.....

Tags : Promotions, Reservation, Information, Disclosure

Rights of a bona fide tenant would not be automatically terminated by forfeiture of property(17.08.2017)

In present case, vide impugned order, one Krishna Budha Gawde was detained under Section 3(1) of the Conservation of Foreign Exchange and Prevention o.....

Tags : Forfeiture, Property, Tenant, Bonafide right

Promotion in a private establishment is a managerial function and cannot be claimed to be a condition of service(21.08.2017)

Instant petition takes an exception to the judgment and order passed by the Industrial Court. By said judgment and order, Industrial Court allowed the.....

Tags : Trade practice, breach, Legality

Powers of revision of Special Tribunal are wide and include the power to re-appreciate evidence and record its own findings(16.08.2017)

Present intra Court appeal is against the judgment of learned Single Judge whereby order of Jammu & Kashmir Tribunal has been quashed and the Appellan.....

Tags : Tribunal, Revision, Powers

Discharge voucher cannot be obtained by any kind of pressure or compulsion upon the insured(16.08.2017)

In present case, the complainant company obtained a Standard Fire and Special Perils Policy for the period from 3rd November, 2012 to 2nd November, 20.....

Tags : Compensation, Grant

Mere availability of injured/dead-body in a railway yard does not per-se prove that, dead-body is of a passenger travelling in a train(17.08.2017)

The present claim application has been filed by parents of the deceased under Section 16 of the Railway Claims Tribunal Act, 1989 seeking compensation.....

Tags : Untoward accident, Compensation, Entitlement

State Governments have power to levy sales tax on value of material in execution of the works contract(28.08.2017)

In facts of present case, in the year 1954, the State Government of Rajasthan enacted Rajasthan Sales Tax Act in order to tax the sales and purchase o.....

Tags : Works contract, Exemption, Entitlement

Cabinet approves MoU on cooperation in the field of justice between India and Tunisia(12.04.2017)

The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has approved the Memorandum of Understanding (MoU) on cooperation in the field of j.....

Tags : MOU, Approval, Justice

Cabinet approves signing of Framework of Understanding between India and Bangladesh on Cooperation in the hydrocarbon sector(12.04.2017)

The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has approved signing of Framework of Understanding (FoU) on Cooperation in the Hydr.....

Tags : Hydrocarbon sector, Cooperation, Approval

CBDT issues PAN and TAN within 1 day to improve Ease of Doing Business(11.04.2017)

In order to improve the Ease of Doing Business for newly incorporated corporates, CBDT has tied up with Ministry of Corporate Affairs (MCA) to issue P.....

Tags : PAN, TAN, Issuance

Prosecution of a remedy before the Consumer Forum is a valid ground to invoke and apply the provisions of Section 14 of Limitation Act(23.06.2021)

The present appeal challenges the concurrent findings rendered by the Courts below, holding that Section 14 of the Limitation Act, 1963 was not applic.....

Tags : Specific performance, time barred, Legality

An order of dismissal of a complaint under Section 203 of CrPC has to be made on judicially sound grounds(21.06.2021)

The complainant in private complaint is before present Court against the order passed by the learned Judicial Magistrate. The Petitioner/complainant h.....

Tags : Complaint, Dismissal, Validity

Central Government Launches BHARAT QR Code for Encouraging Digital Payments(20.02.2017)

The Central Government has recently launched Bharat QR code, a Quick Response (QR) code to enable digital payments without card swiping machines. This.....

Tags : QR code, Launch, Digital payments

Courts should be liberal in allowing third-party locus standi(12.04.2016)

Courts should be “liberal in allowing any third party” with a bona fide connection with the matter so long as it ‘advance[s] substantial justice’, the.....

Tags : Locus standi, cognizance, third party

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

Special Investigation Team(11.04.2017)

SIT has been constituted in pursuance of the Order dated 4.7.2011 of Hon'ble Supreme Court of India passed in Writ Petition (Civil) No.176 of 2009. Th.....

Tags : SIT, Constitution, Order, Supreme Court

RBI announces Draft Framework on introduction of Tri-Party Repo(11.04.2017)

The Reserve Bank of India, today, released the draft framework on the introduction of Tri-Party Repo. Tri-party repo will enable market participants t.....

Tags : Tri-Party Repo, Framework, Announcement

Government makes compliance of Labour Laws and Rules easy(10.04.2017)

The Government has undertaken an exercise to promote ease of compliance of Labour Laws and Rules by various establishments. The "Rationalisation of Fo.....

Tags : Labour laws, Compliance, Ease of

Union Cabinet approves the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018(28.02.2018)

The Union Cabinet chaired by Prime Minister has approved the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018 for introdu.....

Tags : Trafficking, Bill, Approval

Loss of Ecology Authority shuttered(07.04.2016)

The Loss of Ecology Authority, functioning intermittently to entertain claim petitions form farmers seeking compensation for damage caused to agricult.....

Tags : loss of ecology, authority, winding up, ngt

Passing ice cream off as biscuits and other ways to test court patience(11.04.2016)

The Bombay High Court rejected an application alleging trade mark infringement by Parle for use of the mark, ‘Londonderry’.

Putting aside .....

Tags : trade mark, phonetic, vendibility, class of goods

Draft to determine company’s ‘Place of Effective Management’(23.12.2015)

The Ministry of Finance has released draft guidelines proposing principles to determine the ‘place of effective management’ of a company, for the purp.....

Tags : Income tax, company, effect management, draft, principles

RBI creates Helpline for guiding Start-ups in India on Forex Matters(22.12.2015)

The Reserve Bank of India has created a dedicated email helpline for start-ups in India, offering guidance and assistance to undertake cross-border tr.....

Tags : Rbi, foreign exchange, start-up, email assistance

Negotiable Instruments (Amendment) Act, 2015 effective retrospectively(29.12.2015)

The Ministry of Law and Justice notified Presidential assent accorded to The Negotiable.....

Tags : Negotiable instruments, amendment, act, retrospective

Report on revitalising PPP model of infrastructure development released(28.12.2015)

A Committee formed to revisit and revitalise the Public Private Partnership Model for infrastructural development has released its Report. PPP, provis.....

Tags : Public private partnership, transparency, infrastructure

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

Certificate under Section 65B of Indian Evidence Act is necessary, when reliance is being placed upon electronic record(14.01.2021)

The instant petition has been filed for grant of regular bail to the Petitioner in case bearing Crime under Sections 8, 21, 22, 29 of the Narcotic Dru.....

Tags : Bail, Compliance, Provisions

NGT bans open burning of waste across the country(23.12.2016)

In a significant move towards a cleaner environment, the National Green Tribunal has directed that there shall be complete prohibition on open burning.....

Tags : Ban, Waste, Open burning

Electricity to Railway Stations by Solar Energy(04.08.2016)

In order to reduce dependence on fossil fuels, Ministry of Railways has planned to harness 1000 MW of solar power through developer mode by putting up.....

Tags : Railway Stations, Electricity, Solar Plants

Import/export policy for Human Biological Samples for commercial purposes: amendment Schedule - 1 (Import Policy) and Schedule - 2 (Export Policy) of ITC (HS), 2012.(04.08.2016)

The Central Government inserts Import Policy for Human Biological Samples for commercial purposes under General Notes 17 to Schedule - 1 (Import Polic.....

Tags : Import Policy, Insertion, Human Biological Samples, Commercial purposes

Petition for police protection under Section 482 of CrPC is not maintainable(11.01.2021)

The Petitioner Company was running a Factory at Ranipet and it had employed nearly 146 persons to carry on with its operations. Certain demands were r.....

Tags : Pending dispute, Police protection, Entitlement

Prime Minister unveiled 12 key initiatives for expansion of MSMEs(02.11.2018)

The Prime Minister launched a historic support and outreach programme for the Micro, Small and Medium Enterprises (MSME) sector. Twelve key initiative.....

Tags : MSMEs, Expansion, Initiative, Launch

Adjudicating Authority would not have power to modify the Resolution Plan which the CoC in their commercial wisdom have approved(21.06.2021)

Present is an Application filed by the Resolution Professional under Section 30(6) of the Insolvency and Bankruptcy Code, 2016 (IBC), seeking approval.....

Tags : Resolution plan, Approval, Power

Amendment to Section 148 of Negotiable Instruments Act applies retrospectively(29.05.2019)

In a recent decision, the Supreme Court, while hearing a case namely Surinder Singh Deswal @ S.S. Deswal & Ors. v. Virender Gandhi held that, Section .....

Tags : Enactment, Amendment, Applicability

Adjudicating Authority and Appellate Authority under IBC cannot compel a party to the proceedings before it to settle a dispute(14.12.2021)

In present matter, on a petition which was instituted by the Appellants under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) for initiati.....

Tags : Dispute, Settlement, Direction

Cheaper to pirate than purchase?(23.09.2015)

In a case against large pirating of Microsoft software (yes, makers of the little known ‘Windows’, ‘Office’ and ‘Bing’), the Delhi High Court laid hea.....

Tags : Software, pirate, unlicensed, Microsoft, punitive

India Set the Course For First Ever Bullet Train On Its Soil(14.09.2017)

The Prime Minister of India Shri Narendra Modi and Prime Minister of Japan Shinzo Abe jointly laid the foundation stone for India’s first ever bullet .....

Tags : Project, Bullet train, Foundation

Agreements relating to immovable properties, which are to be used exclusively in trade and commerce are covered within the ambit of 'commercial dispute'(13.12.2021)

The present petition under Article 227 of the Constitution of India, 1950 impugns the order passed by District Judge, whereby the Commercial Court has.....

Tags : Immovable properties, Trade, Commercial dispute

Amendment in Sl. No. 57, Chapter 10 of Schedule 2 of ITC (HS) regarding conditions for export of Basmati Rice(01.08.2016)

Central makes amendment in Chapter 10 of Schedule 2 of ITC (HS) Classification of Export and Import Items, in exercise of the powers conferred by Sect.....

Tags : Basmati rice, Exports, Conditions, Amendment

Joint Venture Agreement signed between Ministry of Railways and Government of Chhattisgarh for "Formation of Joint Venture Companies"(04.08.2016)

A Joint Venture Agreement was signed between Ministry of Railways and State Government of Chhattisgarh for "Formation of Joint Venture Company" in the.....

Tags : Joint Venture Agreement, Projects, Railways

Central Government Approves the Commercial Courts and Commercial Division of High Courts (Amendment) Bill, 2018(07.03.2018)

The Union Cabinet has approved the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Bill, 2018 for .....

Tags : Commercial disputes, bill, Amendment

Sine qua non for invoking Section 35(1)(c) of CP Act, 2019 is that all consumers on whose behalf or for whose benefit the provision is invoked, should have the same interest(17.12.2021)

The builder has come up with the present appeal challenging an order of the National Consumer Disputes Redressal Commission, passed under Section 35(1.....

Tags : Joint complaint, Filing of, Conditions

Commerce Ministry held Meeting with Export Promotion Councils to Boost Exports(05.02.2019)

In wake of enhancing exports, a meeting with export promotion councils and other key exporters was held to discuss various issues being faced by expor.....

Tags : Exports, Promotion, Meeting

Candidate has to comply with all the conditions/eligibility criteria as per the advertisement before the cut-off date mentioned therein unless extended by recruiting authority(16.12.2021)

The Appellants have preferred the present appeal against the impugned judgment passed by the Division Bench of the High Court by which, the Division B.....

Tags : Appointment, Direction, Legality

EPFO withdraws 5 day grace period for depositing dues(12.01.2016)

Employees Provident Fund Organisation has withdrawn the grace period of five days for depositing dues with effect from February, 2016. The EPFO notes .....

Tags : Epfo, grace period, deposit, dues, 2016

CCI (Procedure in regard to the transaction of business relating to combinations) Amendment Regulations, 2016(07.01.2016)

The Competition Commission of India released Regulations amending the Competition Commission of India (Procedure in regard to the transaction of busin.....

Tags : Competition, combination, regulations, 2016

Procedural requirements for Leave Travel Concession simplified(11.01.2016)

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

Tags : Leave travel concession, procedure, simplified

Commercial wisdom of the CoC expressed after due deliberation has to be given weight(21.12.2021)

Present Appeal has been filed by an Unsuccessful Resolution Applicant challenging the order of the Adjudicating Authority by which the Adjudicating Au.....

Tags : Resolution plan, Approval, Legality

Government restricts import in ‘others’ category without HSN Code(15.01.2020)

In a 6th National Standards Conclave, the Union Minister of Commerce & Industry and Railways, Piyush Goyal said that, no imports will be allowed witho.....

Tags : HSN Code, Necessity, Import

Licensee company cannot take recourse to coercive measure of disconnecting electricity supply for recovery of additional demand raised after expiry of two years limitation period(18.02.2020)

In the present case, for the period July, 2009 to September, 2011, the Respondent along with other consumers were billed by the licensee company (the .....

Tags : Electricity supply, Additional demand, Recovery

Exclusion of song from movie which was included in trailer amounts to unfair trade practice(18.02.2020)

The complainant, who is a teacher by profession, on watching the promos of the film, namely, “Fan” decided to watch the said film with her family memb.....

Tags : Compensation, Direction, Validity

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

Integrity of judicial officer must be of a higher order and even a single aberration is not permitted(27.02.2020)

Present writ petitions have been filed by two erstwhile judicial officers who were members of the judicial service in the State of Jharkhand and are d.....

Tags : Compulsory retirement, Public interest, Legality

RBI’s Monetary Policy Committee (MPC) announces no change in repo rate(04.12.2020)

On the basis of an assessment of the current and evolving macro-economic situation, the Monetary Policy Committee (MPC) at its meeting decides to keep.....

Tags : MPC, Announcement, Repo rate

Application for setting aside the sale can be made only after deposit of purchase money(25.02.2020)

Present civil appeal is filed by the Appellants, aggrieved by the judgment and order passed in Letters Patent Appeal by the High Court. It is contende.....

Tags : Purchase money, Deposit, Time period

Where a penalty is imposed on employee for a conduct which led to conviction on criminal charges, the employer can independently take disciplinary action against employee(25.02.2020)

The present appeal arises from a judgment of a Division Bench of the High Court of Gujarat. The Division Bench, in a Letters Patent Appeal arising fro.....

Tags : Final orders, Passing of, Restrain

RBI issues new Guidelines on Safe Deposit Lockers, Safe Custody Article Facility provided by Banks(18.08.2021)

Reserve Bank of India has reviewed the guidelines issued on the Safe Deposit Locker/Safe Custody Article Facility provided by the banks. The developme.....

Tags : Guidelines, Safe Deposit, Lockers

Composition and Ownership of Deposits with Scheduled Commercial Banks(11.01.2016)

The Reserve Bank of India released data related to the composition and ownership pattern of deposits with scheduled commercial banks as of March 31, 2.....

Tags : Scheduled banks, deposits, march 2015

Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) (Amendment) Regulations, 2016(11.01.2016)

The Securities and Exchange Board of India made amendments to the Securities Contracts (Regulation) (Stock Exchanges and Clearing Corporations) Regula.....

Tags : Sebi, stock exchange, clearing corporations, amendment

Specified goods when stored in warehouse within ambit of Customs Act, 1962(11.01.2016)

The Ministry of Finance has specified goods that will attract provisions of the Customs Act, 1962 when deposited in a warehouse. The list comprises va.....

Tags : Fuel, spirits, crude, nitrogen, storage, customs act

General guidelines for implementation of e-payment of excise refund and rebate(12.01.2016)

The Central Board of Excise and Customs has prescribed procedure for e-payment of refund and rebate. The procedure is hoped to speed transfer of funds.....

Tags : Excise, e-payment, refund, rebate, authorised banks

Fraud vitiates everything and forged DEPB licenses are void ab initio(23.09.2022)

The original assessee has preferred the present Civil Appeal against the impugned judgment passed by the High Court by which the High Court has confir.....

Tags : Demand, Duty, Penalty

Finance Minister unveils Doorstep Banking Services by PSBs(09.09.2020)

Union Minister of Finance & Corporate Affairs inaugurated Doorstep Banking Services by PSBs and participated in the awards ceremony to felicitate best.....

Tags : Services, Doorstep, Inauguration

Executive orders or circulars in the absence of any legislative competence cannot be made applicable with retrospective effect(22.09.2022)

The instant batch of appeals has been preferred by the Appellant, Bharat Sanchar Nigam Ltd. assailing the judgment passed by the Telecom Disputes Sett.....

Tags : Circular, Rates, Applicability

Prime Minister launches digital payment solution e-RUPI(02.08.2021)

Prime Minister launched digital payment solution e-RUPI, a cashless and contactless instrument for digital payment. The e-RUPI is a digital voucher wh.....

Tags : Digital payments, e-RUPI, Launch

Factual finding of the Appellate Authority cannot be interfered with in an appeal under Section 62 of the IBC(22.09.2022)

Present appeal under Section 62 of the Insolvency and Bankruptcy Code 2016, the ‘IBC’, is against a Judgement passed by the National Company Law Appel.....

Tags : CIRP, Initiation, Legality

CBIC reduces compliance burden by abolishing renewals of licenses/registrations(24.07.2021)

The Central Board of Indirect Taxes and Customs (CBIC) has with effect from 23rd July, 2021 abolished the requirement of periodic renewals of Licence/.....

Tags : Compliance, licenses, Renewal

Inclusion or exclusion of comparables per se cannot be treated as a question of law unless it is demonstrated that the Tribunal took into account irrelevant consideration(22.09.2022)

Present appeal has been filed seeking a direction for setting aside the order passed by the Income Tax Appellate Tribunal ('ITAT') in with respect to .....

Tags : Comparables, Exclusion, Validity

RBI reduces the repo rate from 4.4% to 4% to mitigate the impact of COVID-19(22.05.2020)

The RBI revises the repo rate and reduced it from 4.4% to 4%. Further, it has reduced the reverse repo rate to 3.35%. The decision of the monetary po.....

Tags : Repo rate, Reduction, Economic activity

Central Government amends Insurance Ombudsman Rules for better resolution of complaints(03.03.2021)

In order to improve the working of the Insurance Ombudsman mechanism and to facilitate resolution of complaints, the Government notified amendments to.....

Tags : Complaint, Ombudsman Rules, Amendment

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

Central Government Announces Vehicle Scrapping Policy(18.03.2021)

Minister for Road Transport and Highways, Shri Nitin Gadkari announced the Vehicle Scrapping Policy. The policy aims to reduce population of old and d.....

Tags : Vehicle, Scrapping Policy, Announcement

When the complainant had lodged the FIR immediately after the theft of the vehicle, the Insurance Company cannot repudiate the claim on ground of delay(11.02.2022)

The present appeal is directed against the impugned order passed by the National Consumer Disputes Redressal Commission, New Delhi (“the NCDRC”) in Re.....

Tags : Claim, Repudiation, Legality

Clarification regarding taxability of consortium members(07.03.2016)

The Central Board of Direct Taxes moved to dispel ambiguities behind treatment of consortiums as an ‘Association of Persons’ for the purposes of taxat.....

Tags : Association of persons, consortium, taxability

RBI seeks feedback on concept paper on Card Acceptance Infrastructure(08.03.2016)

The Reserve Bank of India is inviting comments on its Companies Law Committee has released its Report on .....

Tags : companies act, report, 2016

RBI announces Regulatory Relaxations for Startups(02.02.2016)

The Reserve Bank of India has highlighted steps taken to promote the ease of doing business and creating conditions conducive for growth of start-ups......

Tags : Start-up, rbi, ease of doing business

RBI releases results of Consumer Confidence and Inflation Expectations Surveys(03.02.2016)

The Reserve Bank of India released the results of its

Tags : Cenvat, rules, sales promotion, swachh bharat

One Rank One Pension implementation tables issued(03.02.2016)

The Central Government has issued detailed instructions and ‘One Rank One Pension’ Tables. The annual recurring financial implication on account of im.....

Tags : Orop, implementation table, arrears

Budget session 2016 from 23 February till 13 May(04.02.2016)

The Budget Session of the Parliament in 2016 will begin 23rd February and end on 13th May. The Sessions is expected to have a total of 31 sittings ove.....

Tags : Budget, session, 2016, parliament

Settlement of Export/ Import transactions in currencies without direct exchange rate(04.02.2016)

The Reserve Bank of India has permitted AD Category-I banks to settle import and export transactions where invoicing is in a freely convertible curren.....

Tags : Export, import, transaction, direct exchange rate

For claiming Input Tax Credit, genuineness of the transaction and actual physical movement of the goods has to be proved by the dealer(13.03.2023)

The issue is with respect to interpretation of Section 70 of the Karnataka Value Added Tax Act, 2003 (KVAT Act, 2003). By the impugned judgment passed.....

Tags : Purchase, Input credit, Eligibility

Report on measures for improved monitoring of CSR released(19.10.2015)

A High Level Panel constituted by the Ministry of Corporate Affairs has released a report suggesting measures for monitoring the progress of implement.....