Search Results for Tag : Reference

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Supreme Court refers Ram Mandir- Babri Masjid case for Mediation(08.03.2019)

The Supreme Court has referred the Ram Janambhomi- Babri Masjid land dispute case to mediation for a possible settlement of the disputes arising out o.....

Tags : Land dispute, Reference, Mediation

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

News

Del. HC: Circumstances Along with Age Important to Determine Intelligent Preference of Child(20.09.2023)

Delhi High Court has held that while considering the intelligent preference of a child to appoint its guardian, not only the age of the child but also.....

Tags : Delhi High Court, Guardian, Intelligent Preference, Circumstances

SC: Reference to Factual Aspects in Second Appeal Not to Mean Evidence Appreciated(03.09.2021)

Supreme Court has observed that merely because the High Court, while considering a second appeal, refers to certain factual aspects in the case to rai.....

Tags : Supreme Court, Reference to Factual Aspects

All. HC: Reference U/S 28A(3) of LAA, 1894 Can’t be Filed by Beneficiary of Acquired Land(14.08.2023)

Allahabad High Court has held that reference under Section 28A(3) of the Land Acquisition Act (LAA), 1894 can’t be filed by the beneficiary of acquire.....

Tags : Allahabad High Court, Land Acquisition, Reference

Raj. HC: Delay Itself Can’t be a Ground for Refusing to Make a Reference U/S 10 of ID Act(24.08.2023)

Rajasthan High Court while observing that delay and latches itself cannot be a ground for refusing to make a Reference u/s 10 of Industrial Disputes (.....

Tags : Rajasthan High Court, Industrial Disputes, Reference

SC: Court Can Consider Preferences of Minor in Parental Custody(02.11.2020)

Supreme Court has stated that as per Section 17(3) of the Guardian and Wards Act, 1890, the Court can consider the preferences of the minor if he/she .....

Tags : Supreme Court, Preference of Minor, Parental Custody

SC: Arbitration Reference Can be Declined if Dispute Does Not Correlate to Arbitration Agreement(23.09.2021)

Supreme Court has observed that prayer for reference to Arbitration under Section 11 of the Arbitration and Conciliation Act, 1996 can be declined if .....

Tags : Supreme Court, Arbitration Reference

Judgments

Reference made to Labour Court or the Tribunal not to be dismissed in default(20.12.2016)

Petitioners claims to be Safai Kamgar with Respondent / Corporation. All of them claimed to have worked for about two years prior to their oral termin.....

Tags : Reference, Dismissal, Non-prosecution

Non-conduction of Test Identification Parade may not itself be fatal to prosecution case but it must be weighed in by Court while considering facts and circumstances of each case(03.08.2018)

The judgment and order passed by the High Court in Death Reference along with Criminal Appeals, whereby the High Court answered the death reference in.....

Tags : Death reference, Negation, Validity

RBI Sets Rupee Reference Rate against US Dollar and Euro(08.07.2016)

Reserve Bank of India (RBI) has fixed reference rate of the rupee at 67.4972 against the US dollar and 74.8274 for the euro.

Tags : Reserve Bank of India, RBI, reference rate

SC: Passing Reference Made by Bench of Equal Strength Could Not be a Ground for Review(01.11.2023)

Supreme Court while summarizing principles to prevent review petitions from becoming "appeals in disguise”, has observed that comments of a co-ordinat.....

Tags : Supreme Court, Reference, Co-Ordinate Bench, Review

Choices of Sexual Preference Protected Under Scheme of Constitutional Morality: Calcutta HC(05.02.2019)

Calcutta High Court has observed that consensual cohabitation between two adults of same sex cannot be termed as illegal and also observed that such .....

Tags : Calcutta High Court, Sexual Preference Protected Under Scheme of Constitutional Morality

AAR: Pharmaceutical Reference Standards is Not Diagnostic Reagent, Attracts 18% IGST(22.01.2020)

Authority on Advance Ruling, Karnataka has ruled that the Pharmaceutical Reference Standards (PRS) is not a diagnostic reagent and is not covered unde.....

Tags : Authority for Advance Ruling, Pharmaceutical Reference Standards

SC Stays Judgment Which Held Defence Authorities' Reference Against Land Acquisition Compensation(06.12.2021)

Supreme Court has stayed the operation of the impugned judgement of the Madhya Pradesh High Court which held that Defence Authorities had no right to .....

Tags : Supreme Court, Reference Against Land Acquisition Compensation

Del. HC: Power to Award Interest Applies Only in Absence of An Arbitration Agreement(18.03.2023)

Delhi High Court has held that Arbitrator’s discretion while awarding interest in respect of the pre-reference period under Section 31 of Arbitration .....

Tags : Delhi High Court, Arbitration, Pre-Reference Period

Once an application under Section 8 of Arbitration and Conciliation Act, 1996 has been filed, Civil Court has no jurisdiction to continue with the suit(28.12.2017)

Plaintiff has filed a suit for recovery of Rs. 2,31,34,553/- for payment made to Defendant in pursuance to the Commercial Buyers Agreement (Buyer's Ag.....

Tags : Dispute, Arbitrator, Reference

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

Court can interfere at the referral stage only when it is manifest that the claims are ex facie time-barred and dead, or there is no subsisting dispute(23.11.2022)

In present matter, disputes arose between the Appellant and the Respondents and the Appellant filed an application before the Commercial Court under S.....

Tags : Reference, dispute, Arbitration

Notifications & Circulars

Use of any alternative reference rate in place of LIBOR for interest payable in respect of export / import transactions(28.09.2021)

1. Attention of Authorised Dealer Category- I banks (AD banks) is invited to extant Regulation 15 of Foreign Exchange Management (Export of Goods & Se.....

Tags : Alternative reference rate, LIBOR, Interest

Insurers permitted to classify investments in Preference Shares and Equity Shares as part of "Approved Investment" on specified conditions(27.09.2021)

In continuation to circular no.: IRDAI/F&I/CIR/INV/065/03/2021 Dt. 31st March, 2021 on the subject, the Authority in exercise of its powers conferred .....

Tags : Classification, Permission, Preference Shares

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

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

Tags : Dispute, Adjudication, Reference

Arbitration agreement would be considered as in writing, if it is contained in exchange of letters, telex, telegrams or other means of telecommunication(04.10.2023)

The Appellant has filed the present appeal under Section 37(1)(a) of the Arbitration and Conciliation Act, 1996 (Arbitration Act') impugning an order .....

Tags : Dispute, Reference, Entitlement

TRAI responds to DoT's back reference on TRAI's Recommendations dated 19.08.2021 on "Enabling Unbundling of Different Layers Through Differential Licensing"(06.09.2022)

Telecom Regulatory Authority of India (TRAI) has issued its response to the back-reference received from DoT regarding its earlier Recommendations on .....

Tags : Response, DoT's back reference, Differential Licensing

Power Ministry revises terms of reference of National Committee on Transmission (NCT) to fast-track ISTS process(28.10.2021)

Transformative reform towards fast-tracking ISTS Planning and Approval process to further facilitate R E Development

As one more step in the .....

Tags : Terms, Reference, NCT

Revised - Computation, Dissemination of RBI Reference Rate(21.04.2016)

The Reserve Bank of India notified revisions to the methodology adopted for computing the daily Reference Rate for spot US Dollar against Indian Rupee.....

Tags : reference rate, usd, weighted average, libor

There must be a level of infirmity greater than ordinary in a Tribunal's order to justify interference of High Court under Articles 226 and 227 of Constitution(02.04.2024)

The present appeal arises out of the final judgment passed by High Court by which the High Court dismissed the appeal filed by the Appellant. The moot.....

Tags : Reference, Powers, High Court

Rajasthan HC: High Court Not Bound to Invite Bar's Views While Deciding Criminal Reference(01.07.2022)

Rajasthan High Court has held that Section 395 of CrPC, which makes provision for criminal reference, does not obligate the court to invite the views .....

Tags : Rajasthan High Court, Criminal Reference, Bar Members

SC: Limited Scrutiny by Court Under S.11 of A&C Act is Necessary And Compelling(11.04.2023)

Supreme Court has held that under Section 11(6) of the Arbitration and Conciliation Act, 1996, Court’s are not expected to act mechanically and observ.....

Tags : Supreme Court, Judicial Scrutiny, Arbitration, Pre-Reference Stage

POCSO Cases: Consider Upper Age Where Victim’s Age Determined Through Bone Age Ossification Report(04.07.2024)

Delhi High Court has held that in cases of sexual assault under the POCSO Act, wherever, the court is called upon to determine the age of the victim b.....

Tags : Delhi High Court, POCSO Cases, Bone Age Ossification Report, Reference Range

SC Refuses to Refer ‘Vijay Madanlal Choudhary’ Judgment to a Larger Bench(17.05.2023)

Supreme Court while rejecting a plea to refer to Vijay Madanlal Choudhary judgment (MANU/SC/0924/2022) to a larger bench has stated that a grinding ha.....

Tags : Supreme Court, PMLA, Vijay Madanlal Choudhary, Reference

Where there is merely a possibility of parties agreeing to arbitration in future, as contrasted from an obligation to refer disputes to arbitration, there is no valid and binding arbitration agreement(11.02.2019)

In facts of present case, the Petitioner and Respondent Nos. 1 to 4 entered into joint development agreement on 25th November, 2011 for development of.....

Tags : Agreement, Dispute, Reference

When there is no dispute between the parties relating to the contract containing an arbitration clause, the arbitration clause cannot be invoked(23.08.2017)

The undisputed facts relevant for the determination of the present application is that, the Defendant had awarded the Balance Civil & Structural Works.....

Tags : Dispute, Existence, Reference

TRAI issues directions to access providers under its Telecom Commercial Communication Customer Preference Regulations, 2018(24.06.2024)

(a) Direction regarding enhancing user-friendliness of registration of Unsolicited Commercial Communication (UCC) complaints, Preferences and Consents.....

Tags : Directions, Issuance, Customer Preference Regulations