MANU/HRDT.....Tags : Recruitment rules, Appointments, Validity
SC Upholds Validity of Kerala Motor Vehicle Rules Which Empowers State to Reject Permit Replacement(18.02.2022)
Supreme Court has upheld the validity of one of the provisions of the Kerala Motor Vehicles Rules, 1989 which empowers the State transport authority t.....
Tags : Supreme Court, Validity of Kerala Motor Vehicle Rules
Direction to give foot-prints for corroboration of evidence is not violative of protection guaranteed under Article 20 (3) of Constitution(02.05.2017)
Present appeals is against judgment passed by High Court, whereby judgment passed by Additional Sessions Judge, was set aside and Accused-Respondent w.....
Tags : Acquittal, Validity, Circumstantial evidence
When statute specifically provides for a code of conduct and penalty for infringement thereof, it is not proper to bring such violation within the realm or scope of another statutory provision(21.03.2018)
Instant appeals are against common impugned order, involving the issue of imposition of penalties for illegal export of Red Sanders, instead of the de.....
Tags : Penalty, Imposition, Validity
A liability to pay damages must arise under the contract and not otherwise(03.05.2018)
Present appeal under Section 37 of the Arbitration and Conciliation Act, 1996 arises from the judgment whereby the Appellant's petition under Section .....
Tags : Award, Counter-claim, Validity
CESTAT Grants Partial Relief To Bata On Issue Of Denial Of CENVAT Credit(07.01.2022)
Karnataka High Court upheld the validity of Section 54(3) of the CGST Act refers to the refund of unutilized Input Tax Credit (ITC). The Section is en.....
Tags : Karnataka High Court, Validity, CGST Act
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
When non-payment of tax is not due to fraud, collusion, wilful misstatement or suppression of facts, penalty cannot be imposed(30.06.2021)
The Appellant is engaged in providing construction of residential complex services. During the course of audit of the records, for the period 2012-201.....
Tags : Penalty, Imposition, Validity
Madras HC Disposes of Petition Assailing Validity of Amendment Law Officer Appointment Rules(17.06.2021)
Madras High Court has disposed of a petition filed assailing the validity of an amendment that was made to the rules under the Law Officers of High Co.....
Tags : Madras High Court, Validity of Amendment Law Officer Appointment Rules
SC Upholds Constitutional Validity of Section 140(5) Companies Act 2013(04.05.2023)
Supreme Court while upholding the constitutional validity of Section 140(5) of the Companies Act, 2013, and observed that application/proceedings unde.....
Tags : Supreme Court, Constitutional Validity, Companies Act
Board Members are empowered to assess and award the marks(10.11.2017)
In facts of present case, Respondent belongs to the Army Medical Corps. He is the Major General and aspires to become Lieutenant General (Lt. Gen.), w.....
Tags : Direction, Promotion, Validity
Proved circumstances must be consistent only with hypothesis of guilt of Accused and totally inconsistent with his innocence(08.01.2018)
Present appeal preferred by the State challenges the judgment of the High Court acquitting the Respondent under Section 302 of Indian Penal Code, 186.....
Tags : Acquittal, Validity, Evidence, Credibility
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
Institutional Preference is permissible in Post Graduate Medical Courses even after introduction of NEET Scheme(04.10.2019)
The original writ Petitioners have preferred the special leave petition/appeal against impugned judgment passed by the Division Bench of the High Cour.....
Tags : Admissions, Reservation, Validity
Mere relationship or being an acquaintance cannot be sole ground to discard the testimony of an otherwise reliable witness(18.01.2019)
Rajinder Kumar Sharma, owner of the vehicle in question has filed the instant appeal assailing the award passed by the Tribunal. A claim petition was .....
Tags : Award, Compensation, Validity
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
For summoning an Accused under Section 319 of Cr. PC, it requires much stronger evidence than mere probability of his complicity(27.02.2019)
Present appeals arise out of the order passed by the High Court by which the High Court has affirmed the order of the trial court summoning the Appell.....
Tags : Summon, Proceedings, Validity
When the notice issued by AO is ambiguous, penalty proceedings are not sustainable(09.04.2021)
The assessee is private limited company, engaged in the business of share, commodity trading and investment activities. It filed its return of income .....
Tags : Penalty, Levy, Validity
Breach of contract cannot give rise to criminal prosecution for cheating(22.03.2022)
Present appeal is directed against the judgment passed by the High Court filed by the Appellants praying for quashing of proceedings pending before th.....
Tags : Charge sheet, FIR, Validity
Magistrate is not bound by the conclusion drawn by the police officer(03.01.2019)
The State by means of present revision petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (CrPC) has chall.....
Tags : Cognizance, Refusal, Validity
Demand cannot be sustained unless all relied documents have been furnished to Appellant to enable them to defend themselves(07.06.2017)
Appellant is engaged in manufacture of brass, zinc, nickel, tin and lead alloys falling under Tariff Subheading 74.03 of 1st schedule to Central Excis.....
Tags : Demand, Confirmation, Validity
Madras High Court Quashes Order Shortening Validity of Karti Chidambaram's Passport(04.03.2022)
Madras High Court has held that when an application is made for the renewal/ re-issue of a passport, the authority cannot shorten the duration or vali.....
Tags : Madras High Court, Validity of Karti Chidambaram's Passport
Existence of a concluded contract is sine qua non in compensation claim for loss and damages(21.04.2017)
Respondent's Suit for breach of contract and damages was decreed by Principal District Court, in Original Suit for a sum of Rs. 5,25,55,460/- with int.....
Tags : Decree, Damages, Validity
Under CENVAT scheme, CENVAT credit is passed on by using invoice documents, which are to be transferred to buyer of goods only(20.06.2018)
In facts of present case, the Appellant is a refinery for the manufacture of petroleum products. During the period in dispute, Crude Oil Refinery proj.....
Tags : Cenvat credit, Denial, Validity
A conflict or contradiction between ocular and medical evidence has to be direct and material(19.03.2018)
The instant appeal has been filed against the impugned judgment/order passed by the trial Court in FIR registered under Sections 363-A, 376 of Indian .....
Tags : Conviction, Validity, Evidence, Credibility
Madras HC to Suo Motu Test Constitutional Validity of Section 36B of Advocates Act, 1961(02.03.2020)
Madras High Court has decided to suo moto consider the validity of Section 36B of the Advocates Act, 1961, in as much as it stipulates that in case a .....
Tags : Madras High Court, Constitutional Validity of Section 36B of The Advocates Act
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
Notice under Section 148 of IT Act cannot be issued merely on basis of suspicion(23.12.2020)
Assessee, an individual, was engaged in agricultural activity during the relevant year. In the case of the assessee, an information was received throu.....
Tags : Assessment, Reopening, Validity
SC Upholds Constitutional Validity of Sec. 5A of Kerala GST Act & Section 7A of Tamil Nadu GST Act(14.05.2025)
Supreme Court has rejected the challenge to the constitutional validity of Section 5A of the Kerala General Sales Tax Act, 1963 and Section 7A of the .....
Tags : Supreme Court, Constitutional Validity, General Sales Tax
SC to Solicitor General: Provide Data on No. of People Benefitted from S.6A of Citizenship Act(06.12.2023)
Supreme Court while hearing pleas challenging the constitutional validity of Section 6A of the Citizenship Act, 1955, has asked Solicitor General of I.....
Tags : Supreme Court, Citizenship Act, Section 6A, Constitutional Validity
An application to rescind can in certain limited circumstances be made to Court at first instance. It should not be made to the Court of Appeal.(16.01.2019)
Present is an appeal brought by AB, the Appellant, in relation to an order dated 14 June 2018 of His Honour Judge sitting in the High Court granting a.....
Tags : Divorce, Decree, Validity
A Magistrate who passes an order on settlement under Section 125 of CrPC has power to recall or set aside the Order, if terms of the same are violated(19.02.2020)
Present appeal has been filed against the judgment of the High Court filed by the Appellant for setting aside the order passed by the Additional Princ.....
Tags : Maintenance application, Revival, Validity
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
A TIP has to be conducted timely, if not, then the delay has to be explained(10.12.2018)
Present appeals by special leave arise out of the common impugned judgment passed by the High Court, whereby the High Court has reversed the judgment .....
Tags : Investigation, Lapse, Acquittal, Validity
Benefit of doubt given to an Accused must always be reasonable and not fanciful(12.03.2019)
In present matter, the First Additional Sessions Judge, vide judgment convicted the Accused/Appellant for the offences punishable under Sections 363, .....
Tags : Conviction, Sentence, Validity
Appellate Court cannot interfere with order of acquittal if the view taken by Trial Court is reasonable and findings recorded by it are not manifestly erroneous or contrary to the evidence on record(09.01.2018)
The Superintendent of Police, Central Bureau of Investigation, Anti-Corruption Bureau, Jammu, has filed this appeal against the judgment of acquittal .....
Tags : Illegal gratification, Acquittal, Validity
In absence of clear, unambiguous and individual communication, search was vitiated, even if, accused opted and reposed faith in Investigating Officer to conduct search(27.03.2018)
The prosecution story is that on 19th September, 2013, police party was on patrolling. On personal search of the accused, white intoxicating powder wr.....
Tags : Search, Investigation, Validity
Supreme Court Rejects Aadhaar Review Plea in 4:1 Verdict(21.01.2021)
Supreme Court has dismissed a petition seeking re-examination of its 2018 verdict by which the Aadhaar Act, 2016 was declared valid and constitutional.....
Tags : Supreme Court, Validity of Aadhar Act, 2016
Bombay HC: Constitutional Validity of Regulation Setting Out Qualification to Obtain CoP, Upheld(09.08.2024)
Bom. HC has upheld constitutional validity of Regulation 10 of Institute of Actuaries of India Regulations, 2017 that sets out the qualification requi.....
Tags : Bombay High Court, Constitutional Validity, Certificate of Practice
Organization has a right to change/re-change the promotion policy, adjust/readjust it according to the compulsions of the prevailing circumstances(25.10.2017)
The Applicants are working in RITES Ltd.-Respondent organization against the posts of Deputy General Manager (DGM) and Senior Deputy General Manager (.....
Tags : Promotion policy, Rules, Validity
Sentencing is a discretionary exercise. An Appellate Court can intervene, only if, Appellant demonstrates either an express or implied error(27.06.2018)
The Appellant seeks an extension of time within which to appeal and leave to appeal a total sentence of 22 months immediate imprisonment imposed by a .....
Tags : Conviction, Sentence, Validity
Supreme Court Refuses to Extend Validity Period of Cheques(15.07.2020)
Supreme Court has refused to extend the period of validity of a cheque, while holding that a decision on the same may be taken by the Reserve Bank of .....
Tags : Supreme Court, Validity Period of Cheques
A process of selection and appointment to a public office should be absolutely transparent and there should be no deviation from terms and conditions(20.03.2018)
Present Original Application under Section 19 of the Administrative Tribunals Act, 1985, was filed by the Applicant seeking to call for the Records of.....
Tags : Candidature, Rejection, Validity
In case the employee is confirmed in service, holding Departmental enquiry is necessary before passing of termination order(03.03.2021)
Present writ petition has been filed challenging the termination order and the order in appeal passed by the Respondent Nos.1 and 3 respectively. Peti.....
Tags : Departmental inquiry, Termination, Validity
AO gets jurisdiction to reopen assessment only after recording the reasons for reopening and thereafter, issuing notice under Section 148 of IT Act within prescribed time(05.05.2021)
The assessee individual, filed her return of income admitting income of Rs.2,27,890. AO received information that the assessee, along with 4 others, h.....
Tags : Re-assessment, initiation, Validity
Limitation period will not be extended in SARFAESI & DRT Proceedings on part payment under IBC(05.03.2020)
The Appeal preferred by a Shareholder and Director of the Corporate Debtor challenging the order passed by the Adjudicating Authority (National Compan.....
Tags : Limitation period, Extension, Validity
Writ court cannot sit as an appellate authority over decision taken by competent authority(17.12.2018)
The present writ petition has been preferred primarily praying for issuance of a writ of or in the nature of Mandamus directing the Respondents to for.....
Tags : Willful defaulter, Declaration, Validity
Penalty cannot be imposed in absence of clarity on whether there is concealment of income(15.10.2020)
In present appeals, the grievance of the revenue is that the learned CIT(A) was not justified in deleting the penalty levied under Section 271(1)(c) o.....
Tags : Deletion, Penalty, Validity
For exercising power under Section 263 of IT Act, there should be material on record to prove that order is not only prejudicial to the interest of Revenue but also erroneous in nature(14.02.2022)
Present appeal by the assessee is preferred against the order of the Principal Commissioner of Income Tax [Appeals], framed under Section 263 of the I.....
Tags : Assessment, Jurisdiction, Validity
Substantive right cannot be denied merely on procedural irregularity(12.07.2021)
The present appeal is directed against the impugned order passed by the Commissioner of Central Tax (Appeals) whereby the Commissioner has rejected th.....
Tags : Demand, Confirmation, Validity
Hostel facility is incidental to achieve the object of providing education and comes under charitable purpose which is exempt under Section 11 of IT Act(03.11.2021)
The assessee society is duly registered with the Registrar of Society, Uttar Pradesh and the renewal was granted vide letter dated 6th February, 2012 .....
Tags : Assessment, Additions, Validity
To classify a person employed in an industry as a workman, not only nature of work performed but also terms of appointment in job performed are relevant considerations(18.04.2019)
The Petitioner-Trust has challenged concurrent orders passed by the Labour Court and Industrial Court by filing the present writ petition. It is claim.....
Tags : Reinstatement, Direction, Validity
Review jurisdiction can be exercised only in a case where it is found that there is an error apparent on the face of the record and not otherwise(22.03.2022)
The Appellant filed Writ Petition before the High Court challenging the order of superannuation and seeking directions to continue him in service till.....
Tags : Review, Jurisdiction, Validity
Legitimate expectation is not a wish or a desire or a hope, it cannot be claimed or demanded as a right(30.01.2019)
The present appeal is directed against an order passed by the High Court whereby the Writ Petition was allowed directing the Appellant to provide fina.....
Tags : Financial assistance, Direction, 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
Madras High Court Issues Notice on Plea Challenging Constitutional Validity of RP Act(11.01.2021)
Madras High Court has issued notices to the Centre and Election Commission of India (ECI) on a Petition challenging the constitutional validity of Sec.....
Tags : Madras High Court, Constitutional Validity of Representation of Peoples Act, 1951
Extra consideration received for subject goods in form of subsidy or otherwise has to be treated as part of assessable value(30.03.2017)
Appellant is in appeal against Order-in-Original passed by Commissioner, whereunder various demands along with interest and equivalent penalties have .....
Tags : Demand, Confirmation, Validity
Separate charges for distinct offences must be framed separately and cannot be clubbed together for more than one year(08.05.2017)
Present appeals arise out of three separate judgments of learned Single Judge of High Court discharging three Accused persons namely; Lalu Prasad Yada.....
Tags : Trial, Discharge, Validity
Del. HC: Magistrates Cannot Question Validity of FIR under their Power to Supervise Investigation(02.12.2024)
Delhi High Court has held that under the power to supervise investigation, Magistrates and Special Courts cannot question the validity of the FIR and .....
Tags : Delhi High Court, Validity of FIR, Supervise Investigation
Notice under Section 148 of the IT Act against a dead person is null and void(13.06.2022)
By way of the present writ petition, Petitioner assails the impugned notices in relation to assessment year 2013-14 under Section 148 of the Income Ta.....
Tags : Assessment, Notice, Validity
Penalty provisions are applicable only when there is a failure to furnish returns or there is concealment of income or furnishing of inaccurate particulars before the Assessing Officer(23.07.2021)
The assessee is an individual and earned income from purchase and sale of properties and shown income under the head capital gain. The assessee claim .....
Tags : Penalty, Levy, Validity
For a document to constitute a Will, it is necessary that there be cogent evidence that the document embodied the deceased's testamentary intentions(23.01.2020)
The plaintiff, Daniel John Crisp, asks the Court to declare that, the document dated 21 May 2009 signed by the deceased constitutes the last will of t.....
Tags : Intention, Last will, Validity
MHA Notifies Extension of Validity of Registration Certificates Issued Under FCRA Act(01.10.2021)
Ministry of Home Affairs has notified the extension of the validity of the registration certificates issued under the Foreign Contribution (Regulation.....
Tags : Ministry of Home Affairs, Extension of Validity of Registration Certificates
Supreme Court Upholds Validity of Prevention of Money Laundering Act(27.07.2022)
Supreme Court has upheld the provisions of Prevention of Money Laundering Act (PMLA), 2002 which relate to the power of arrest, attachment, and search.....
Tags : Supreme Court, PMLA, Validity, Enforcement Directorate
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
Del. HC Upholds Validity of Section 115BBE of Income Tax Act(29.12.2023)
Delhi High Court while observing that Statutory Acts and their provisions are not to be declared unconstitutional on the fanciful theory that power wo.....
Tags : Delhi High Court, Constitutional Validity, Income Tax Act
A decision which is merely faulty or erroneous or incorrect should not be a ground for a Court to interfere(17.12.2018)
The Petitioner has assailed the rejection of his technical bid. The Petitioner has submitted that, not only the rejection of the technical bid of the .....
Tags : Technical bid, Rejection, Validity
Penalty can only be invoked, when there is failure to furnish return in prescribed form and not that return has been incorrectly filed(25.01.2019)
In instant case, order passed by the Commissioner of CGST & CE, (Appeals), setting aside the penalty imposed by the adjudicating authority on the Resp.....
Tags : Penalty, Deletion, Validity
Refund cannot be denied, when all conditions of the notification are fulfilled(05.04.2021)
In present matter, Appellant has filed refund applications seeking refund of 4% Additional Customs duty as per Notification No. 102/2007-Cus. dated 14.....
Tags : Refund, Recovery, Validity
Sentencing is a discretionary exercise, an appellate court can only intervene, if the Appellant demonstrates either an express or implied material error(15.03.2022)
The Appellant was sentenced to a total effective sentence of 8 years 11 months' imprisonment. The appellant now appeals against his sentence. His sole.....
Tags : Conviction, Sentence, Validity
Amendment in the shipping bills can be allowed by the Proper Officer subject to the only rider that same is based on documentary evidence(26.09.2023)
Instant Appeals have been preferred by the Commissioner of Customs, under Section 130 of the Customs Act, 1962 assailing the orders passed by Custom, .....
Tags : Documents, Amendment, Validity
Aggrieved parties cannot challenge SARFAESI proceedings directly by filing a writ petition without exhausting appeal remedy available to them(22.08.2019)
The Petitioner is a borrower, who has taken a loan from United Bank of India. The Petitioner defaulted in repaying the said loan, hence, notice was is.....
Tags : Notice, Validity, Alternate remedy
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
Karnataka HC: Validity of Unloading of Goods May be Extended for 8 Hours(17.12.2020)
Karnataka High Court has held that the validity of Unloading of goods after expiry of E-way bill may be extended for 8 hours which reached destination.....
Tags : Karnataka High Court, Validity of Unloading of Goods
Offence of aggravated burglary attracts a term of immediate imprisonment(04.04.2018)
The Appellant appeals against the suspended term of imprisonment imposed upon him on his conviction, following his plea of guilty, of an offence of ag.....
Tags : Home burglary, Sentence, Validity
Government ban on crude palm oil imports through Kerala ports in public interest(21.08.2015)
The Supreme Court held that there existed “sufficient public good” in banning the import of crude palm oil through ports in Kerala. The government had.....
Tags : Import ban, validity, constitutionality, palm oil
Traffic Manager has discretion to prohibit discharge of goods which are likely to obstruct traffic, cause congestion or hinder convenient movement at Port(17.09.2019)
In present case, the Appellant is a private limited company engaged in the business of clearing, forwarding and transporting of cargo for import and e.....
Tags : Circular, Issuance, Validity
Caste is acquired by birth and the caste does not undergo a change by virtue of marriage and adoption(04.02.2019)
The Petitioner claims to be belonging to "Mahar" caste, which is included in Scheduled Caste Category. The Petitioner has been appointed as Staff Nurs.....
Tags : Caste claim, Certificate, Validity
Provisions of Section 13 of IT Act would be attracted only at the time of assessment and not at the time of grant of registration(02.07.2024)
Present is an appeal filed by the assessee against the order of the learned Commissioner of Income-tax (Exemption), rejecting application for registra.....
Tags : Registration, Denial, Validity
In absence of salary certificate, the minimum wage notification can be a yardstick but cannot be an absolute to fix the income of deceased(01.10.2021)
In instant case, unfortunate parents who lost their son aged about 32 years in the motor vehicle road accident are before present Court claiming enhan.....
Tags : Award, Compensation, Validity
An order passed by the quasi-judicial authority should be in conformity with the principles of natural justice(06.07.2021)
In facts of the present case, the Appellant is an individual, who engaged in the business of Ferrous and Non-Ferrous Scrap Material. The return of inc.....
Tags : Assessment, Additions, Validity
Every driving licence, notwithstanding its expiry, continues to be effective for a period of 30 days from day of its expiry(12.07.2021)
Appellant (owner of the offending vehicle) impugns judgment passed by the Motor Accident Claims Tribunal to the limited extent that, it grants recover.....
Tags : Recovery, Right, Validity
Once the election process has been set in and the programme has been published, the whole process cannot be halted for one or the other reasons(29.03.2022)
The brief facts of the case are that, the Petitioner is running a fair price shop and had filed a nomination form for contesting the Committee Electio.....
Tags : Nomination, Rejection, Validity
For wrongdoing of a Company, its officers may be responsible, but not to extent that all employees of a Company would be criminally liable(28.03.2019)
The Petitioner has moved the Court under Section 482 of the Code of Criminal Procedure, 1973 (CrPC). For quashing of the order of cognizance passed by.....
Tags : Proceedings, Quashing of, Validity
Plaintiff, being the dominus litis, has a right to choose the person against whom he wish to litigate and cannot be compelled to implead a stranger as party to the suit(25.01.2021)
Present writ petition has been filed for issue of a writ, order or direction in the nature of certiorari quashing the impugned order passed by the Add.....
Tags : Proper party, Impleadment, Validity
While considering a petition under Section 34 of the Arbitration Act, the Court cannot act as an appellate forum(13.11.2021)
The appeal arises from a judgment of a Single Judge of the High Court. High Court not only set aside the judgment of the District Judge rejecting the .....
Tags : Award, Jurisdiction, Validity
Supreme Court Upholds Validity of OBC quota in NEET Admissions(21.01.2022)
Supreme Court has upheld the constitutional validity of quota for Other Backward Classes candidates in National Eligibility cum Entrance Test’s (NEET).....
Tags : Supreme Court, Validity of OBC quota
Open enquiry at pre-FIR Registration stage in cases relating to allegations of corrupt practice is permissible(24.03.2021)
Appeal was against impugned judgment passed by the High Court by which the High Court has dismissed the writ petition challenging notice dated 4th Mar.....
Tags : Pre-FIR Registration, Enquiry, Validity
Continuance in service for long period on part-time or temporary basis confers no right to seek regularisation in service(07.03.2017)
Present Civil Appeal arises out of judgment of High Court of Judicature at Madras dismissing Writ Appeal thereby affirming order of Single Judge dire.....
Tags : Regularization, Direction, Validity
Kerala High Court Extends Validity of All Interim Orders Till June 29(18.06.2021)
Kerala High Court has extended the validity of interim orders passed by this Court till June 29 2021, owing to continuation of lockdown in the State t.....
Tags : Kerala High Court, Extension of Validity of Orders
SC: Validity of Sale Deed Executed b/w co-defs. Can’t be Decided in Plaintiff’s Suit for Possession(08.05.2023)
Supreme Court has held that in plaintiff’s suit for possession, validity of sale deed executed between the defendants cannot be considered as it would.....
Tags : Supreme Court, Sale Deed, Validity, Co-Defendants
Absence of any overt act of assault, exhortation or possession of weapon cannot be singularly determinative of absence of common intention(01.08.2017)
In present case, conviction of Respondent No. 2, under Section 302/34 of Indian Penal Code, 1860 (IPC) by Sessions Judge has been reversed by High Cou.....
Tags : Common Intention, Acquittal, Validity
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
Appellate Court on hearing appeal filed against judgment of acquittal will not overrule or otherwise disturb trial Court's acquittal, if there is no substantial and compelling reason for doing so(01.06.2018)
In present case, five Accused were tried for the offences punishable under Sections 326, 302, and 114 read with Section 34 of Indian Penal Code, 1860 .....
Tags : Conviction, Validity, Evidence
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
Kerala High Court Extends Validity of All Interim Orders Till March 16(23.02.2022)
Kerala High Court has extended the life of all interim orders passed by the High Court and all courts and tribunals falling under the supervisory juri.....
Tags : Delhi CourtKerala High Court, Validity of All Interim Orders, Restoration of Temples, Qutub Minar Complex
In absence of mutuality of interest and financial flow back from one firm to another, clubbing of clearances is not permissible(08.05.2018)
In facts of present case, Trueline Appliances Private Limited (TAPL) and 3D International (3D) were engaged in the activity of importing and trading o.....
Tags : Demand, Penalty, Validity
Renewal of lease is a privilege and if a tenant wishes to claim privilege, he must do so strictly within the time limited for the purpose(14.02.2017)
Appeals have been preferred by Orissa Industrial Infrastructure Development Corporation ('IDCO') and also by Jindal Stainless Ltd. aggrieved by impugn.....
Tags : Land, Resumption, Direction, Validity
SC Refuses to Entertain Plea Challenging Validity of Religious Conversion Laws(04.02.2021)
Supreme Court has refused to entertain a plea challenging the validity of controversial laws enacted by states, including Uttar Pradesh and Uttarakhan.....
Tags : Supreme Court, Validity of Religious Conversion Laws
When exercising appellate jurisdiction, Supreme Court has power to pass any order(11.04.2017)
Respondent was convicted by trial Court under Sections 302 and 201 of Indian Penal Code, 1860 for having committed murder of his wife and daughter and.....
Tags : Acquittal, Validity, Benefit of doubt
TRAI releases consultation paper on "Validity Period of Tariff Offers"(13.05.2021)
1. The Telecom Regulatory Authority of India (TRAI) has today released a Consultation Paper on "Validity period of Tariff Offers".
2. The TRA.....
Tags : Consultation paper, Validity period, Tariff Offers
Existence of reasons must be seen in impugned order itself and cannot be supplemented by a subsequent affidavit(01.08.2018)
The Registrar of Co-operative Societies, exercising power under Section 67A of the Goa Cooperative Societies Act, 2001 appointed two directors to the .....
Tags : Appointment, Suo motu power, Validity
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
Deemed exports cannot be clubbed for the purpose of calculation of clearances in DTA(14.08.2018)
Present appeals have been filed by Surya Life Sciences Limited and its director against confirmation of demand of duty and imposition of penalties. Le.....
Tags : Demand, Confirmation, Validity
Likelihood of loss follows when Plaintiff can show a strong prima facie case of infringement of its registered trade mark, no evidence of actual loss is required(09.03.2018)
By instant appeal, the original Defendant has challenged order passed by the Court below, whereby an application for temporary injunction filed by the.....
Tags : Injunction, Grant, Validity
Guilt of Accused must be proved beyond all reasonable doubts(19.04.2017)
Instant appeal is against judgment passed by High Court, whereby High Court while allowing appeal of Respondent Nos. 1 & 2, set-aside judgment convict.....
Tags : Acquittal, Validity, Evidence, Credibility
Mere fact of agreeing to an oral variation is not a contravention of the clause(16.05.2018)
In facts of present case, MWB Business Exchange Centres Ltd operates serviced offices in central London. On 12 August 2011, Rock Advertising Ltd. ente.....
Tags : Oral agreement, Variation, Validity
High Courts should not allow admissions in medical/ dental colleges lacking approval(11.04.2017)
In instant case, Respondent, a dental college, submitted its scheme for grant of permission to start post-graduate course of Orthodontics and Dentofac.....
Tags : Interim order, Validity
Opinion of one expert cannot be rejected on basis of opinion of another expert unless there is sufficient independent reason for such rejection(19.06.2017)
Appellant imported one set of used offset printing machine along with standard accessories from Benelux International Trading BVBA, Belgium and declar.....
Tags : Valuation, Enhancement, Validity
Del. HC: Plea of Invalidity Essential to Challenge Validity of Mark U/S 124 of TM Act(06.11.2023)
Delhi High Court has held that for Section 124(1) of Trade Mark Act, to apply in a case where plaintiff seeks to challenge validity of the defendant’s.....
Tags : Delhi High Court, Trade Mark, 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
If an earlier application was rejected by a lower Court, the upper Court can always entertain the successive bail application(09.12.2020)
In present case, FIR for offences under Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) came to be registered by .....
Tags : Bail, Rejection, Validity
At stage of framing charges, Court would only be required to consider existence of a prima facie case(28.03.2019)
Present Petition has been filed under Section 482 of Code of Criminal Procedure, 1973 (CrPC) praying for setting aside the order by means of which, th.....
Tags : Charge, Proceedings, Validity
Grant of registration and assessment are two separate and distinct procedures prescribed under the Income Tax Act(01.06.2021)
The Appellant society is registered under the Bombay Public Trust Act, 1950. The Appellant society is incorporated with the objects of promotion of ed.....
Tags : Registration, Denial, Validity
Fraud should be of an egregious nature, vitiating the entire underlying transaction and bank should have knowledge of such a fraud(25.01.2018)
The Appellant is a company engaged in the business of generation and sale of electricity and for that purpose, it had entered into agreements with the.....
Tags : Injunction, Denial, Validity
Concealment of material fact, and active representation that, title to suit lands were good and free from encumbrance, is fraud that results in avoidance of contract(03.07.2017)
Instant appeal questions judgment of a single judge dismissing objections to an arbitration award, preferred by a petition under Section 34 of the Arb.....
Tags : Award, Validity, Facts, Concealment
Sale price realized by an Assessee be regarded as price inclusive of excise duty(15.05.2017)
In present case, Appellant was manufacturing un-branded Soft Drink Concentrates and were classifying said goods prior to April 2005 under six digit cl.....
Tags : Demand, Confirmation, Validity
NGT not empowered to adjudicate upon vires or validity of any enactment(28.09.2016)
By instant writ petition, Petitioners sought a declaration that Rule 17 of Biological Diversity Rules, 2004 does not apply to Indian entities or body .....
Tags : National Green Tribunal , Adjudication, Enactment, Validity
Extension of validity of Pre-Shipment Inspection Agencies(29.09.2020)
In exercise of powers conferred under paragraph 1.03 read with paragraph 2.04 of the Foreign Trade Policy (2015-20), the Director General of Foreign T.....
Tags : Extension, Validity, Pre-Shipment
If signature on cheque is admitted, presumption under Section 139 of NI Act that cheque was issued in discharge of a legally enforceable debt will be raised(23.09.2021)
The Appellant is before present Court assailing the common order passed by the High Court. Through the said order, the learned Single Judge has allowe.....
Tags : Conviction, Deletion, Validity
CENVAT credit is allowable on the inputs used in production of electricity which is supplied free of cost to the assessee's sister unit(06.09.2022)
In present case, the Respondent is engaged in manufacture of Ferro Alloys falling under Chapter 72 of the Central Excise Tariff. It also has another u.....
Tags : Cenvat credit, Demand, Validity
Charge would be framed not on mere suspicion but on facts giving rise to grave suspicion of accused having committed offence(01.07.2019)
Petitioners impugn order whereby the Revisional Court has reversed the order on charge passed by the Trial Court in case FIR under Sections 323, 341, .....
Tags : Charge, Framing of, Validity
Submission of valid report of Public Prosecutor indicating progress of investigation and disclosing specific reasons for extension of period of detention is sine-qua-non for such extension(24.01.2018)
Challenge in instant application under Section 482 of the Code of Criminal Procedure, 1973 (Cr. PC) is the order passed by learned Chief Judicial Magi.....
Tags : Bail, Rejection, Validity
Central Government is empowered not only to frame rules to regulate grant of reconnaissance permits, prospecting licences or mining leases, but also for purpose connected therewith(27.06.2017)
Present batch of writ petitions is to examine constitutional validity of Rule 64-D of Mineral Concession Rules, 1960, as amended by Government of Indi.....
Tags : Rule, Validity, Additional Royalty, Charge
Maximum sentence awarded under Section 394 of IPC, would be no ground for not granting benefit of Probation(17.05.2017)
State has called in question correctness of order of sentence passed by Additional Sessions Judge whereby accused person/Respondent, though has been c.....
Tags : Probation, Benefit, Validity
When evidence of eye witnesses is credible and trustworthy, medical opinion pointing to alternative possibilities cannot be accepted as conclusive(03.08.2017)
Appeals have been filed against common judgment passed by the High Court, whereby order of conviction and sentence passed by trial Court, for offences.....
Tags : Conviction, Validity
Uttarakhand HC Issues Notice on PIL Challenging Validity of Bar Council of Uttarakhand Rules(30.07.2021)
Uttarakhand High Court has issued notice to the Bar Council of Uttarakhand, the Bar Council of India, the Union and the State government on a Public I.....
Tags : Uttarakhand High Court, Validity of Bar Council of Uttarakhand Rules
Gujarat High Court Refuses to Hear Plea Challenging Validity of S.14 SARFAESI Act(25.08.2021)
Gujarat High Court has refused to entertain a plea challenging the vires of Section 14 of the Securitisation and Reconstruction of Financial Assets an.....
Tags : Gujarat High Court, Validity of S.14 SARFAESI Act
Sufficiency of the material cannot be called into question(27.09.2017)
The Petitioner has invoked the writ jurisdiction of present Court under Article 226 of the Constitution of India and under Section 482 of the Code of .....
Tags : Externment, Proceedings, Validity
In absence of investigation of consignee/buyer of goods, demand is not sustainable(13.12.2017)
In facts of the case, based upon search by the officers of Directorate General of Central Excise Intelligence, Assessee-appellant was issued with Sho.....
Tags : Demand, Confirmation, Validity
A pre-sentence order cannot be made if, at the time it is made, a sentence of immediate imprisonment is the only appropriate sentencing option(22.01.2019)
Present is a State appeal against the imposition of a pre-sentence order. The appeal is brought pursuant to Section 24(1)(a) of the Criminal Appeals A.....
Tags : Pre-sentence order, Imposition, Validity
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
Principles of natural justice are to be followed, when civil right of person already appointed or employed are affected(31.03.2017)
By present petition filed under Article 226 of Constitution of India, Petitioner questions order/communication issued by Chancellor, Rashtrasant Tukdo.....
Tags : Complaint, Appointment, Validity
For specific performance of contract, Plaintiff is required to prove readiness and willingness to perform his part of obligations under contract(06.07.2017)
Present First Appeal is against judgment and decree passed by Civil Judge. By impugned judgment, Plaintiff's suit for specific performance of contract.....
Tags : Agreement, Specific Performance, Refusal, Validity
Provisional Certificate would remain valid till the date degree is issued by university(03.10.2016)
Petitioner seeks quashing of action of Respondent-University in declining to grant him admission in LL.B. (Ist year) for the academic session 2016-201.....
Tags : Admission, Provisional Certificate, Validity
If there is a specific contract between the parties that proscribes award of interest, award of pre-reference interest would be impermissible(20.12.2021)
The Petitioner (the 'Railway') has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 ('A and C Act') impugning.....
Tags : Award, Interest, Validity
A party was bound by their pleadings and ordinarily, they would not be allowed to raise a different or fresh case without a due amendment(03.05.2023)
The Respondent (Mr. Gqamane) was arrested without a warrant for allegedly assaulting the complainant. A charge of assault with intent to commit grievo.....
Tags : Arrest, Discretion, Validity
Burden was strictly on Assessee to establish its entitlement to scheme of exemption(22.11.2018)
The present revision has been filed by the Assessee against the order passed by Tribunal. Tribunal had rejected Assessee's appeal claiming exemption u.....
Tags : Exemption, Denial, Validity
To hold the product as excisable, actual marketing or sale of goods is not necessary(12.10.2017)
In facts of present case, the Respondent is a manufacturer of agarbathi perfumes. The agarbathi perfumes are odoriferous compound prepared by the Resp.....
Tags : Demand, Confirmation, Validity
Action of applying for political asylum may result in bad publicity for a country but same is not prejudicial to the sovereignty and integrity of India(12.01.2018)
In facts of present case, the Petitioner returned to India on an Emergency Certificate issued from the Consulate General of India, Vancouver (Canada)......
Tags : Passport, Denial, Validity
To extend the tender validity period, the consent of all the participants to the tender process is required(03.06.2022)
In March 2020, the Appellant, the City of Ekurhuleni Metropolitan Municipality (the Municipality), published an invitation to tender under reference P.....
Tags : Tender, Validity period, Consent
Centre Extends Validity of Driving Licences, Registrations, Fitness Certificates & Permits(01.04.2020)
Ministry of Road Transport and Highways has extended the validity of documents like driving licenses, permits and registration that expired since 1st .....
Tags : Ministry of Road Transport and Highways, Validity of Documents
Central Government extend the validity of the notification issued vide number S.O. 345(E), dated the 17th January, 2019 for a further period of one year(18.02.2020)
S.O.750(E).--WHEREAS, the Central Government in the erstwhile Ministry of Environment, Forest and Climate Change, in exercise of the powers conferred .....
Tags : Validity, Notification, Extension
Provisions of Section 9D of the Central Excise Act, 1944 are mandatory in nature and have to be followed by the Adjudicating Authority, the absence of which vitiates the adjudicating process(06.01.2022)
The Appellant is a trader of Iron & Steel products and is engaged in purchase and sale of CTD/TMT bars. According to the Department, present is a case.....
Tags : Demand, Confirmation, Validity
Transaction which is recorded in defiance of prohibitory order shall have to be branded as illegal, if not void(10.03.2017)
In facts of present case, Petitioner is objecting to decision rendered by Debts Recovery Appellate Tribunal. Petitioner is purchaser of flat. The flat.....
Tags : Deed, Transaction, Validity
When the policy of insurance was in force on the day the vehicle met with the accident, the Insurance Company is bound to pay the amount of compensation(06.12.2021)
Present is Insurance Company's appeal, taking exception to the judgment and award, passed by Chairman, Motor Accident Claims Tribunal, in Motor Accide.....
Tags : Award, Compensation, Validity
Once an act was done in accordance with law, the presumption was in favour of such act or document and not against the same(03.10.2017)
Instant revision petition has been filed under Section 21(b) of the Consumer Protection Act, 1986 against the impugned order, passed by the State Comm.....
Tags : Power connection, Clubbing, Demand, Validity
MP HC: Revenue Authority Does Not Have Power to Determine Validity of Will(25.08.2021)
Madhya Pradesh High Court has held that that a revenue authority does not have the power to determine the validity of a will while considering an appl.....
Tags : Madhya Pradesh High Court, Validity of Will
Quotations cannot be the basis for re-determining the value of goods(09.01.2020)
The issue in present appeals being common - undervaluation of tyres imported by the Appellant company is for trade and further the companies are under.....
Tags : Demand, Differential duty, Validity
Non-fulfilment of the suspensive conditions renders the contract void ab initio(26.01.2024)
Present is an appeal against the judgment and order of the Gauteng Division of the high court, sitting as a court of first instance. The matter concer.....
Tags : Clause, Agreement, Validity
A relief of permanent injunction cannot be sought on the basis of an unregistered document(23.09.2022)
The Respondent – original Plaintiff instituted Original Suit before the learned trial Court for permanent injunction only. The said suit was filed on .....
Tags : Injunction, Possession, Validity
SC Issues Notice in Plea Challenging Constitutional Validity of S. 18 of Transgender Act(21.01.2022)
Supreme Court has issued notice to the Union Government in a writ petition filed challenging the Constitutional validity of Section 18 of the Transgen.....
Tags : Supreme Court, Constitutional Validity of S. 18 of Transgender Act
Orissa High Court Upholds Validity of Odisha Universities (Amendment) Act, 2020(31.01.2022)
Orissa High Court has held that in the absence of legislation by the central government under Entry 25 List III, the subordinate legislation under Ent.....
Tags : Orissa High Court, Validity of Odisha Universities (Amendment) Act, 2020
Ministry of Micro, Small and Medium Enterprises Extends Validity of Udyog Aadhaar Memorandum from 31st March, 2021 to 31st December, 2021(17.06.2021)
Ministry of Micro, Small and Medium Enterprises has issued an amendment to the original notification No. S.O. 2119 (E) dated 26.06.2020 vide 2347(E) d.....
Tags : Validity, Extension, Udyog Aadhaar
If the findings are based on evidence, the question of adequacy of evidence will not be a ground for interfering with the findings of the departmental enquiries(08.05.2023)
The present writ petition has been filed by the Petitioner impugning the order passed by the Disciplinary Authority of the erstwhile Andhra Bank under.....
Tags : Departmental enquiries, Compulsory retirement, Validity
Gravity and seriousness of the offence is relevant consideration for grant of bail(16.09.2022)
The original complainant has preferred the present appeal dissatisfied with the impugned judgment and order passed by the High Court by which, the Hig.....
Tags : Bail, Grant, Validity
Proof of cruelty or harassment by husband or her relative or person charged is sine qua non to inspirit statutory presumption, to draw person charged within coils thereof(20.06.2018)
Instant criminal appeals have been preferred against the judgment and order of conviction and order of sentence passed by Additional Sessions Judge-V,.....
Tags : Dowry death, Conviction, Validity
Right to refuse lowest or any other tender is always available to Government and public authorities(12.07.2018)
In the facts of present case, a Notice Inviting Tender ('NIT') dated 6th June, 2016 was issued by Eastern Coalfields Limited ('ECL') for supplying and.....
Tags : Bid, Rejection, Validity
Gatneta can be changed by same process by which the leader was elected in absence of rules to the contra(27.04.2018)
The Petitioner, a Municipal Councillor at Parola and elected from the Shivsena party, assails the communication of the Collector, declaring Respondent.....
Tags : Meeting, Leadership, Change, Validity
SC Upholds Validity of IBC Provisions Relating to Personal Guarantors(09.11.2023)
Supreme Court has upheld the constitutional validity of IBC provisions (Section 95 to Section 100) relating to Personal Guarantors Insolvency Resoluti.....
Tags : Supreme Court, IBC, Constitutional Validity, Personal Guarantors
Entire consignment cannot be seized/confiscated on unjustified assumptions and presumption and in absence of evidences(27.01.2022)
The issue involved in the Appeals is whether freely importable Waste Paper of CTH 47079000, imported by Appellants are liable to confiscation or other.....
Tags : Confiscation, Penalty, Validity
An order of dismissal of writ petition on merits would ensue, if no case of breach of a statutory provision is made out(16.06.2017)
In facts of present case, Petitioner has been working as Assistant Accountant of Suri Friend's Union Co-operative Bank Limited, a registered cooperati.....
Tags : Resolution, Termination, Validity
Government owned company with its 100% wholly owned subsidiaries has to be comprehended as a single entity, eligible to bid in terms of Clause of tender conditions(15.05.2017)
In instant case, dissension centres around exposition of an eligibility norm engrafted in tender conditions qua a prestigious project with global part.....
Tags : Tender, Dis-qualifcation, Validity
A deputationist can be reverted to his parent cadre at any time(30.05.2017)
Applicant has filed present O.A. under Section 19 of Administrative Tribunals Act, 1985, seeking to set aside impugned order dated 12th February, 2017.....
Tags : Deputation, Repatriation, Validity
Availment of credit on the strength of photocopies of the invoices is a procedural lapse and cannot be made the basis to disallow the credit(13.06.2022)
The limited issue involved in the present case is that the Revenue denied Cenvat credit availed on the strength of Xerox copies of the purchase invoic.....
Tags : Cenvat credit, Denial, Validity
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
For invoking extended period of limitation, there should be an intention to evade duty(14.09.2018)
The Appellants are having a unit of Maidens Hotels for providing Renting of Immovable Property Services, Mandap Keeper Service, Dry Cleaning Services,.....
Tags : Demand, Confirmation, Validity
Supreme Court: Constitutional Validity of Section 6A of Citizenship Act, 1955 Upheld(17.10.2024)
Supreme Court has upheld the constitutional validity of Section 6A of Citizenship Act, 1955 that grants citizenship to immigrants who entered India be.....
Tags : Supreme Court, Constitutional Validity, Citizenship Act, Section 6A
Sale could be set aside only when material irregularity or fraud results in causing substantial injury to judgment-debtor(02.05.2017)
Instant appeal is filed by auction purchaser against final judgment passed by High Court of Judicature, Andhra Pradesh whereby High Court allowed appe.....
Tags : Auction, Sale, Validity
A purely civil dispute can be given a colour of a criminal offence to wreak vengeance, it is necessary to draw a distinction between a civil wrong and a criminal one(05.05.2018)
In instant petition, filed under Section 561-A of the Code of Criminal Procedure, 1973, the Petitioners seek the indulgence of present Court in quashi.....
Tags : FIR, Registration, Validity
High Court cannot deliberate on constitutional validity of own accord(18.03.2016)
Meghalaya High Court’s suo moto cognizance on provisions in the Meghalaya Lokayukta Act, 2014 pertaining to appointment of the Chairperson and Members.....
Tags : Suo moto, constitutional validity, human rights
Where the charge is not properly set out in the notice under Section 274 of IT Act, the penalty order gets vitiated(10.01.2022)
The assessee was subjected to Survey action under Section 133A of the Income-tax Act, 1961 (IT Act), wherein a sum of Rs. 10,86,800 was offered as add.....
Tags : Penalty, Imposition, Validity
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
Supply of tangible goods will fall under the taxable services only when right to possession and effective control is not transferred(02.05.2019)
In facts of present case, during the course of audit it was noticed that, Appellant has recovered rent charges towards rents of gas cylinders obtained.....
Tags : Tax, Levy, Validity
CBIC Issues Circular Extending Validity of Authorized Economic Operator Certificates(27.05.2021)
Central Board of Indirect Taxes and Customs (CBIC) has issued a circular where the validity of the Authorized Economic Operator (AEO) is extended so a.....
Tags : Central Board of Indirect Taxes and Customs, Validity of Authorized Economic Operator Certificates
Del. HC: ‘Residence of Delhi’ as Mandatory Condition for Becoming Civil Defence Volunteer is Valid(23.05.2023)
Delhi High Court has upheld that constitutional validity of Delhi Government’s order that made “resident of Delhi” as mandatory condition to become el.....
Tags : Delhi High Court, Civil Defence Volunteer, Residence, Mandatory, Validity
Unless there is any kind of illegality in the impugned judgment of acquittal, Supreme Court cannot interfere in such judgment(13.11.2017)
Present appeal is filed by the State against the final judgment and order passed by the High Court of whereby the High Court allowed the appeal filed .....
Tags : Acquittal, Validity, Evidence, Contradiction
Bombay HC Upholds Validity of Section 13(8)(b) and Section 8(2) of IGST Act(09.06.2023)
Bombay High Court has upheld the validity of Section 13(8)(b) and Section 8(2) of Integrated Goods and Service Tax Act, 2017 which deal with place of .....
Tags : Bombay High Court, IGST, Validity, Upheld
Karnataka HC Upholds Validity of Micro Loan and Small Loan Ordinance, 2025(19.03.2025)
Karnataka High Court has upheld the constitutional validity of the Karnataka Micro Loan and Small Loan (Prevention of Coercive Actions) Ordinance, 202.....
Tags : Karnataka High Court, Constitutional Validity, Ordinance
If the reasons for re-opening the assessment are based on incorrect facts, the notice issued for re-opening cannot be sustained(08.08.2023)
The challenge raised in present Writ Petition is to the notice dated 24th March, 2020 that has been issued by the Income Tax Officer under Section 148.....
Tags : Assessment, Notice, Validity
Kerala High Court Extends Validity of All Interim Orders Till February 21 Amid COVID-19 Surge(19.01.2022)
Kerala High Court has extended the life of all interim orders passed by all courts and tribunals falling under the supervisory jurisdiction of the Hig.....
Tags : Kerala High Court, Validity of All Interim Orders
Tel. HC: Constitutional Validity of Section 38(2) of RP Act and Rule 5.7.1 of ECI’s Handbook Upheld(01.03.2024)
Telangana High Court has upheld the constitutional validity of Section 38(2) of the Representation of the People Act, 1951 (RP Act) and Rule 5.7.1 of .....
Tags : Telangana High Court, Section 38(2) of RP Act, Election Commission of India, Constitutional Validity
Director General of Foreign Trade extends the validity of ANFs and Appendices notified under Foreign Trade Policy (2015-20) till 31st May, 2023(11.04.2023)
In exercise of powers conferred under paragraphs 1.03 and 2.04 of the Foreign Trade Policy, 2023, the Director General of Foreign Trade hereby extends.....
Tags : Validity, ANFs, Extension
Ministry of Road Transport and Highways Issues Advisory for Extension of Validity of Documents(18.06.2021)
Ministry of Road Transport And Highways has issued an advisory declaring extension of validity of documents related to the Motor Vehicles Act, 1988 an.....
Tags : Ministry of Road Transport And Highways, Advisory for Extension of Validity of Documents
Every act of assault or injury to specific persons does not lead to public disorder(28.11.2016)
By way of present petition under Article 226 of the Constitution of India, Petitioner prays to issue a writ of mandamus or any other appropriate writ,.....
Tags : Detention, Subjective satisfaction, Validity
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
No judicial order is complete without reasons and it is expected that every Court, which passes an order should give reasons for the same(29.03.2022)
The present petition has been filed under Section 482 of Code of Criminal procedure, 1973 (CrPC) on behalf of the Petitioner seeking setting aside of .....
Tags : PO, Declaration, Validity
Order of blacklisting can be scrutinized not only on the touchstone of the principles of natural justice but also on the doctrine of proportionality(05.04.2022)
The challenge raised in present writ petition is to the order passed by the Food Corporation of India (FCI) terminating the contract that was issued t.....
Tags : Contract, Termination, Validity
Supreme Court Upholds Constitutional Validity of SC/ST Amendment Act, 2018(10.02.2020)
Supreme Court has upheld the constitutional validity of Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018 that ruled ou.....
Tags : Supreme Court, Constitutional Validity, SC/ST
All laws are deemed to apply prospectively unless either expressly specified to apply retrospectively(01.09.2020)
Present appeal takes exception to the Final Order passed by the Customs, Excise & Service Tax Appellate Tribunal, whereby the customs duty levied upon.....
Tags : Customs duty, Levy, Validity
Registration of FIRs by itself cannot have any nexus with breach of maintenance of public order and the authority can take recourse under IPC(10.01.2018)
Instant petition is against the order of detention passed by the Respondent No. 1 in exercise of powers conferred under Section 3[2] of the Gujarat Pr.....
Tags : FIR, Detention, Validity
Allahabad High Court: Section 164(2) of Companies Act is Constitutionally Valid(21.01.2020)
Allahabad High Court has upheld the constitutional validity of Section 164(2) of the Companies Act, 2013, which stipulates that a Director whose compa.....
Tags : Allahabad High Court, Constitutional Validity, Section 164 (2) Companies Act, 2013
Court's role is not to oversee the whole but only to ensure that there is no unfairness or arbitrariness(12.03.2018)
The Petitioner is a wholly owned subsidiary of SREI Infrastructure Finance Limited, which owns 99.90% of the shares. The first respondent/Oil and Natu.....
Tags : Bid, Rejection, Validity
SC to Suspend Operation of Committee Under UP Shri Bankey Bihari Ji Temple Trust Ordinance, 2025(08.08.2025)
SC has stated that it will pass an order suspending the operation of Committee under the Uttar Pradesh Shri Bankey Bihari Ji Temple Trust Ordinance, 2.....
Tags : Supreme Court, Operation of Committee, Constitutional Validity
SC Declines Plea Challenging Constitutional Validity of Provisions of CGST Act, 2017(08.01.2021)
Supreme Court has declined to entertain a writ petition challenging constitutional validity of various provisions of the Central Goods Service Tax Act.....
Tags : Supreme Court, Constitutional Validity of Provisions of CGST Act, 2017
Institute in academics, cannot be presumed, to have a lack of clarity qua the language of legal provisions and respective notifications/circulars(30.07.2018)
The facts relevant in present case are that, IILM Institute of Higher Education is being run by a charitable society registered under Societies Regist.....
Tags : Demand, Confirmation, Validity
Supreme Court Upholds Constitutional Validity of UP Madarsa Education Act, 2004(05.11.2024)
SC while setting aside Allahabad High Court’s judgement that struck down the UP Board of Madarsa Education Act, 2004, has upheld the constitutional va.....
Tags : Supreme Court, Madarsa Education Act, Constitutional Validity
Criminal defamation provisions to stay(13.05.2016)
The Supreme Court upheld the constitutional validity of Sections 499 and 500 of the Indian Penal Code and Section 199 CrPC, provisions that deal with .....
Tags : criminal defamation, constitutional validity, misuse
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
Every act of assault or injury to specific persons does not lead to public disorder(07.12.2017)
By filing instant petition under Article 226 of the Constitution of India, the Petitioner prays to issue a writ of mandamus or any other appropriate w.....
Tags : Detention, Validity, Subjective satisfaction
SC: NGT Could Not Decide Upon and Strike Down Validity of Law(14.04.2021)
Supreme Court has observed that the National Green Tribunal (NGT) could not decide upon and strike down the validity of a law in a plea pertaining to .....
Tags : Supreme Court, National Green Tribunal, Validity of Law
Delhi HC Seeks Delhi Govt's Reply in Plea Challenging Validity of Delhi Minorities Commission Act(30.07.2020)
Delhi High Court has directed the Delhi Government to file a reply in a plea challenging the validity of the Delhi Minorities Commission Act, 1999.
Tags : Delhi High Court, Validity of Delhi Minorities Commission Act
Del. HC Uphelds Constitutional Validity of Rule 4 of Delhi High Court (Original Side) Rules, 2018(27.08.2024)
Delhi High Court has upheld the constitutional validity of Rule 4, Chapter VII of the Delhi High Court (Original Side) Rules, 2018 which makes it mand.....
Tags : Delhi High Court, Constitutional Validity, Written Statement
While exercising judicial review, the Court should be circumspect in contractual matters as quashing decisions can result in unforeseen economic consequences(26.02.2018)
The Petitioner is aggrieved by the rejection of its bid submitted in response to the Notice Inviting Tender (NIT) for combined station works, includin.....
Tags : Bid, Rejection, Validity
Delhi HC Upholds Constitutional Validity of Section 193(9) of BNSS, 2023(28.08.2025)
Delhi High Court while upholding the constitutional validity of Section 193(9) of Bharatiya Nagarik Suraksha Sanhita, 2023, has observed that the prov.....
Tags : Delhi High Court, Constitutional Validity, Section 193(9)
Credibility of witnesses is ordinarily not re-visited by Supreme Court in an appeal by special leave(12.02.2019)
Present appeal by special leave is directed against the judgment of the High Court dismissing the appeal filed by the Appellant against his conviction.....
Tags : Conviction, Circumstantial evidence, Validity
Kerala High Court Quashes Administrative Tribunal's Order to Extend PSC Rank List Validity(04.08.2021)
Kerala High Court has quashed an order issued by the Kerala Administrative Tribunal (KAT) extending the validity of the Last Grade Servants (LGS) in S.....
Tags : Kerala High Court, Extend PSC Rank List Validity
Centre Extends Validity of Driving Licences, Registrations, Fitness Certificates & Permits(25.08.2020)
Ministry of Road Transport and Highways has extended the validity of documents like driving licenses, permits and registration that expired since 1st .....
Tags : Ministry of Road Transport and Highways, Validity of Driving Licences
Del. HC: Proprietor of TM Must Establish Valid Registration to Claim Relief Against Infringement(18.08.2023)
Delhi High Court has held that as per Section 28(1) of Trade Marks Act, in order to enjoy the fruits of registration, whether in the form of a right t.....
Tags : Delhi High Court, Trademark, Registration, Validity
Extension of validity of Directions under Section 35A of the Banking Regulation Act, 1949 (AACS) - Indian Mercantile Co-operative Bank Ltd., Lucknow (U.P.)(25.10.2022)
The Reserve Bank of India (RBI) has extended the directions issued to the Indian Mercantile Co-operative Bank Ltd., Lucknow (U.P.) for a period of thr.....
Tags : Extension, Validity, Directions
Extension of validity of Pre-shipment Inspection Agencies(11.04.2019)
In exercise of powers conferred under paragraph 2.04 of the Foreign Trade Policy (2015-20), the Director General of Foreign Trade in relaxation of the.....
Tags : Pre-shipment Inspection, Extension, Validity
Madras HC issues Notice on Plea Challenging Constitutional Validity of Faceless Assessment Scheme(28.10.2021)
Madras High Court has issued the notice to the Centre on plea challenging the constitutional validity of the Faceless Assessment Scheme.
Tags : Madras High Court, Constitutional Validity of Faceless Assessment Scheme
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
Sessions Judge is empowered to call for and examine record of any proceeding before any subordinate criminal court situated within its jurisdiction(23.02.2018)
Appellant filed a complaint before the jurisdictional police station under Sections 420, 467, 468, 471, 120B, 506 of Indian Penal Code, 1860 (IPC) and.....
Tags : Complaint, Cognizance, Remand order, Validity
Principle, ex proprio vigore, would be applicable to arbitrator and multi-member arbitral tribunal as well, particularly when it is faced with a judicial decision ordering a limited remand(19.10.2023)
Present appeal, at the instance of Appellant, registers a challenge to the judgment passed by the High Court dismissing an appeal carried by the Appel.....
Tags : Arbitral award, Quashing of, Validity
As the blocking orders were still extant at the time of the winding-up of the companies, it is competent for the Reserve Bank to issue the relevant forfeiture orders(23.01.2023)
The Reserve Bank issued three separate forfeiture orders relating to the monies standing to the credit of Sun Candle Products (Pty) Limited (Sun Candl.....
Tags : Liquidation, Forfeiture orders, Validity
Muddamal in self same condition is required to be produced in Court and non-production thereof is fatal to prosecution(31.05.2018)
In instant case, charge sheet was filed against the Accused-Appellant for the offence under Section 8/15 Narcotic Drugs And Psychotropic Substances Ac.....
Tags : Conviction, Validity, Seized muddamal, Non-production
Non-payment of a part of the sale price would not affect the validity of the sale(09.07.2020)
The present Civil Appeal has been filed to challenge the impugned Judgment passed by a Division Bench of the Gujarat High Court, which affirmed the Or.....
Tags : Sale deed, Registration, Validity
Deprivation of liberty must be considered a punishment, unless it can be required to ensure that, an accused person will stand his trial when called upon(07.07.2018)
The Applicants filed an application for the grant of bail in their favour in the FIR before the Court of the learned Additional Sessions Judge, which .....
Tags : Bail, Denial, Validity
Supreme Court strikes down words "adult male" from proviso of Section 2(q) DMV Act as same is contrary to object of affording protection to women(06.10.2016)
Present appeal arises out of a judgment passed by Division Bench of Bombay High Court raising an important question as to constitutional validity of S.....
Tags : Provision, Constitutional Validity
SEBI Extends IPO Nod Validity by Six Months(22.04.2020)
Securities and Exchange Board of India has extended the validity of regulatory nod for launching initial public offer (IPO) and rights issue by six mo.....
Tags : Securities and Exchange Board of India, IPO Nod Validity
Leave can be granted by trial court to file documents on a good cause being shown by Defendant(01.11.2017)
The present petition is against orders passed by Courts below, on an application Paper moved by the Plaintiff for rejection of application 111-Ga of t.....
Tags : Document, Admission, Validity
Supreme Court Upholds Constitutional Validity of S. 69 and 70 of GST Act(28.02.2025)
Supreme Court has upheld the constitutional validity of Sections 69 and 70 of the Goods and Services Tax Act, 2017 that provide the power to arrest an.....
Tags : Supreme Court, Constitutional Validity, Legislative Competence
All decisions of a multi-member body are expressed by opinion of majority of members present except where special majorities are provided in statute itself(08.02.2018)
In facts of present case, the writ Petitioners have permanent permit for two routes, one Gwalior to Bhander and second Gwalior to Datia. Respondent No.....
Tags : Decision, Validity
Any sum by way of any discount or rebate shall be deducted and shall not be included in sale price(23.02.2018)
The Appellant-Assessee manufactures cylinders for storage of Liquefied Petroleum Gas (LPG). At the relevant time, the entire production was for supply.....
Tags : Refund, Denial, Validity
The University cannot deduct a portion of the salary of its employees, as donation, without obtaining their consent(27.07.2021)
The Petitioners are Adhyapakas of different departments of Visva-Bharati, Santiniketan. They are dissatisfied with the action on the part of the Regis.....
Tags : Salary, Deduction, Validity
In a passing off case, it is the goodwill which is sought to be misappropriated(10.03.2017)
Instant appeal is against order passed by a learned single Judge, by virtue of the impugned order, granted an interim injunction against Britannia. IT.....
Tags : Trade-dress, Injunction, Validity
Before imposing the extreme penalty of death sentence, the Court should satisfy itself that, death sentence is imperative(26.11.2021)
Present Petition has been filed under Article 137 of the Constitution of India, 1950 seeking review of the judgment. The Petitioners were convicted fo.....
Tags : Conviction, Death sentence, Validity
For not keeping his promise to marry the victim, the Appellant can certainly not be convicted and sentenced for rape(29.03.2018)
The Appellant has been convicted under Section 376 of Indian Penal Code, 1860 (IPC) vide judgment passed by the learned 2nd Additional District & Sess.....
Tags : Rape, Conviction, Validity
Supreme Court Upholds Constitutional Validity of Kerala's Luxury Tax on Cable TV(23.05.2025)
Supreme Court has upheld Kerala luxury tax as constitutionally valid and affirmed the state's power to tax cable TV services under Entry 62 of State L.....
Tags : Supreme Court, Kerala Luxury Tax, Constitutional Validity
Officer dealing externment proceedings against person has to record his opinion that witnesses not willing to give evidence in public against that person(19.12.2016)
In order to fulfill mandate of Section 56 (1) (b) of Maharashtra Police Act, designated officer dealing externment proceedings has to record his opini.....
Tags : Proceedings, Externment, Validity
State Government is not under any obligation to always adopt Dearness Allowance as revised by Central Government(13.02.2019)
Instant Appeals arise out of the judgment by which the High Court affirmed the order of the learned Single Judge directing the Appellant-Board to pay .....
Tags : Dearness Allowance, Direction, Validity
For a mere technical venial breach, the assessee should not be invited with penalty(16.01.2024)
The issue to be decided in present appeals is as to whether the learned CIT(A) was justified in confirming the levy of penalty under Section 272A(2)(k.....
Tags : Penalty, Imposition, Validity
A conviction based on a plea of guilty may be set aside on basis that, an Appellant satisfies the Court that, he had an arguable defence with a reasonable prospect of success(29.06.2018)
In the instant case, Mr Granato was charged with importing a firearm accessory into Australia in contravention of Commonwealth law. He appeared before.....
Tags : Conviction, Validity, Arguable defence
SC Upholds Constitutional Validity of Section 43B(f) of Income Tax Act(27.04.2020)
Supreme Court has upheld the constitutional validity of clause (f) of Section 43B of the Income Tax Act, 1961, reversing the judgment of the Calcutta .....
Tags : Supreme Court, Constitutional Validity of Section 43B(f) of Income Tax Act
If a person tried for criminal offence but ordinary criminal law will not be able to deal with situation, only then, preventive detention can be taken recourse to(02.11.2017)
Present petition was against the order of detention passed by Respondent in exercise of powers conferred under Section 3[2] of the Gujarat Prevention .....
Tags : Illegal Activity, Detention, Validity
Delhi HC Issues Notice on Plea Challenging Constitutional Validity of IT Rules(08.07.2021)
Delhi High Court has issued a notice to the Central Government on a plea moved by Press Trust of India (PTI), challenging the constitutional validity .....
Tags : Delhi High Court, Constitutional Validity of IT Rules
Guj. HC: State to Take Stand on Challenge to Gujarat Local Authorities Laws (Amendment) Act 2023(11.03.2025)
Gujarat High Court has sought the stand of State Government on a PIL challenging the constitutional validity of the Gujarat Local Authorities Laws (Am.....
Tags : Gujarat High Court, Constitutional Validity, State Government
An employee, in discharge of his duties, is required to exercise higher standard of honesty and integrity(11.09.2017)
Present appeal is against the final judgment passed by the High Court whereby the Division Bench of the High Court allowed the appeal filed by the Lif.....
Tags : Departmental proceedings, Dismissal, Validity
Registration is a privilege which has significant economic advantages, but it is subject to stringent conditions and risk of cancellation(13.06.2018)
Present appeal raises a short question on the operation by the Respondent Commissioners (“HMRC”) of the Construction Industry Scheme under the Finance.....
Tags : Registration, Cancellation, Validity
Calcutta HC Issues Notice on Plea Challenging Validity of Taxation and Other Laws Act, 2020(19.07.2021)
Calcutta High Court has issued notice on a plea challenging the constitutional validity of the provisions of The Taxation and Other Laws (Relaxation a.....
Tags : Calcutta High Court, Validity of Taxation and Other Laws Act, 2020
SC Asks Madras HC to Decide Constitutional Validity of Section 40(a)(iib) of Income Tax Act(26.11.2020)
Supreme Court has directed the Madras High Court to decide the constitutional validity of Section 40(a)(iib) of the Income Tax Act, 1961.
Tags : Supreme Court, Constitutional Validity of Section 40(a)(iib) of Income Tax Act
The facts which are admitted need not be proved(08.05.2018)
The present appeal is against the order-in-appeal passed by the Commissioner of Customs (Appeals). The Respondent-Assessee imported certain goods and .....
Tags : Confiscation, Penalty, Validity
Mere fact of no proportionate representation in promotional posts for population of SCs and STs is not enough to grant consequential seniority to promotees(09.02.2017)
Instant appeals involve the question of validity of Karnataka Determination of Seniority of Government Servants Promoted on Basis of Reservation (To t.....
Tags : Seniority, Promotion, Provisions, Validity
Illegal occupants/encroachers are not entitled to any prior notice(29.06.2022)
The present writ petition has been filed under Articles 226 and 227 of the Constitution of India, 1950 seeking quashing/ setting aside of (i) Notifica.....
Tags : Encroachment, Notification, Validity
Telecom Consumers Protection (Tenth Amendment) Regulations (TCPR), 2016(19.08.2016)
The Telecom Regulatory Authority of India (TRAI) released The Telecom Consumers Protection (Tenth Amendment) Regulations, 2016 for permitting Special .....
Tags : Special Data Vouchers, longer validity, Regulations
Chhattisgarh HC: Validity of Section 148 Notices Issued Between March 1 to June 30 Due to Covid Lockd(06.09.2021)
Chhattisgarh High Court has upheld the validity of the section 148 notices issued between March 1, 2021, to June 30, 2021 without following section 14.....
Tags : Chhattisgarh High Court, Validity of Section 148 Notices
When cost of imported goods is included in amount, which is considered for payment of royalty, then such royalty should be added in assessable value of imported goods(26.12.2017)
In the facts of present case, the Appellant is regularly importing goods from Thailand, China and Philippines. The suppliers of the imported goods viz.....
Tags : Valuation, Inclusion, Validity
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
SC: ‘Existence of Arbitration Agreement’ Would Include Aspect of Validity of Arbitration Agreement(16.12.2020)
Supreme Court has held that the expression 'existence of arbitration agreement' in Section 11 of the Arbitration and Conciliation Act, 1996 would incl.....
Tags : Supreme Court, Validity of Arbitration Agreement
Principle of alternative remedy is a rule of convenience and not a rule of law(27.03.2018)
The Writ Petitioners have moved present court in its extraordinary writ jurisdiction for setting aside the order passed by the Excise Commissioner. By.....
Tags : Confiscation, Validity, Remedy
Mere wrong mention of the provision in the application would not prohibit a party to the litigation from getting justice(03.10.2017)
Present appeal arises out of the judgment passed by the Gujarat High Court dismissing the Special Civil Application filed by the Appellant, consequent.....
Tags : Legal representatives, Impleadment, Rejection, Validity
Extension of the validity of documents related to Motor Vehicles Act, 1988 and Central Motor Vehicle Rules, 1989 till 31st Oct, 2021(30.09.2021)
The Ministry of Road Transport and Highways had issued advisories dated 30th March, 2020, 9th June, 2020, 24th Aug 2020, 27th Dec 2020, 26 March 2021 .....
Tags : Extension, Validity, Documents
Post held as a member of Waqf Board not co-terminus to post as member of Bar Council of State(22.12.2016)
By present writ petition, Petitioner, a member of Waqf Board seeks direction to quash and set aside impugned Notification issued by Respondent No.1 on.....
Tags : Post, Eligibility, Notification, Validity
If selection is found to be tainted in any manner, it is always open to concerned authority to annul such selection to maintain purity of selection process(04.04.2018)
Present matter arises out of Selection conducted by the Karnataka Public Service Commission ("KPSC") pursuant to Notification dated 3rd November, 2011.....
Tags : Selection, Annulment, Validity
Constitutional Validity of S. 71(3A) of IT Act Upheld by Delhi High Court(03.06.2024)
Delhi High Court has upheld the constitutional validity of Section 71(3A) of the Income Tax Act, 1961 which was added by Section 31 of the Finance Act.....
Tags : Delhi High Court, Constitutional Validity, Income Tax Act, 1961
Bom. HC: Constitutional Validity of UGC Regulations on Open and Distance Learning, Upheld(09.07.2024)
Bom HC has upheld constitutional validity of UGC (Open & Distance Learning Programmes & Online Programmes) Regulations, 2020 that require universities.....
Tags : Bombay High Court, UGC Regulations, Constitutional Validity, Distance Learning
An assessee should be given sufficient opportunity to explain their case particularly for invocation of penal provision(24.06.2022)
The Appellant have defaulted the regular payment of duty thereafter the department frozen the bank account of the Appellant and recovered the non paid.....
Tags : Penalty, Levy, Validity
When Appellant has reversed Credit as per Rule 6(3A)(ii) of CCR, 2004, Department cannot insist Appellant to pay an amount equal to 6% of value of the exempted services/products(11.02.2019)
The Appellants are engaged in providing 'Beauty Treatment Service' and 'Health Club and Fitness Service'. They are also engaged in trading activity an.....
Tags : Demand, Confirmation, Validity
A transfer would not be annulled, if the same is made in the ordinary course of business or in good faith and for valuable consideration(25.10.2017)
Present appeal is against the notice of the Official Liquidator and against the report of the One Man Committee constituted by this Court. It is only .....
Tags : Prohibitory orders, Knowledge, Report, Validity
Publication of an advertisement for sale at a bargain price of goods that are not intended to be offered for sale or supplied at said bargain price amounts to an unfair trade practice(12.01.2018)
The Petitioner is engaged in the business of selling Woodland Brand of shoes and apparels. The complainant/respondent went to a store of the Petitione.....
Tags : Compensation, Grant, Validity
Arbitrator has power to recall his earlier order of termination of proceedings if sufficient cause is shown by claimant(30.12.2017)
By present petition, the Petitioners have prayed for condonation of delay, in filing petition and prays that, the Procedural Order Sheets passed by th.....
Tags : Arbitral proceedings, Termination, Validity
Exemption available to GTA service for transport of 'agricultural produce' cannot cover the transport of cut wood of trees(19.02.2018)
In instant case, the Respondents are engaged in the manufacture of MDF, particle boards, wooden flooring, etc. They are registered with the Department.....
Tags : Refund, Grant, Validity
Mere conflict amongst trustees themselves is not a sufficient reason for the removal of a trustee at the suit of another(23.10.2020)
Present appeal concerns the removal of the Appellant, Mr Warren Fletcher, as a trustee of the McNair Family Trust (the Trust) at the instance of the R.....
Tags : Trustee, Removal, Validity
A letter of intent is not a binding agreement enforceable in Courts, and nor it is a promise to issue a subsequent allotment letter(18.01.2018)
In facts of present case, Petitioner received a Show Cause Notice from the NDMC, by it (the NDMC) while referring to clause 1(i) of NIT, which provide.....
Tags : Tender, Cancellation, Validity
Karnataka HC: Validity of Unloading of Goods May be Extended for 8 Hours(17.12.2020)
Karnataka High Court has held that the validity of Unloading of goods after expiry of E-way bill may be extended for 8 hours which reached destination.....
Tags : Karnataka High Court, Validity of Unloading of Goods
Only because signature of one of parties is missing in a document, it cannot be concluded that such person did not join in execution of instrument(10.04.2018)
The question arises in present appeal is, as to whether a registered sale deed which does not bear signature of the vendor at the place where his name.....
Tags : Sale Deed, Execution, Validity
Authorized Economic Operator Programme(19.08.2015)
The Central Board of Excise and Customs notified that the validity of the Authorized Economic Operator certificate shall be for a period of five years.....
Tags : Customs, authorised economic operator, certificate, validity
Court can refuse to grant discretionary relief of specific performance, even if, contract is not voidable but circumstances make it inequitable to enforce the same(11.09.2019)
In facts of present case, Mohinder Kaur, predecessor in interest of the Appellants entered into an agreement with Bahadur Singh, predecessor in intere.....
Tags : Discretionary relief, Specific performance, Validity
The validity certificates issued by following a lawful procedure cannot be tinkered(25.09.2017)
The petitioner in present petition challenges the order passed by the Scheduled Tribe Certificate Scrutiny Committee, whereby the caste certificate va.....
Tags : Caste certificate, Validity
Bom. HC Upholds Constitutional Validity of Goa’s Green Cess Act(22.09.2023)
Bombay High Court has upheld the constitutional validity of Goa’s Green Cess Act and observed that if the State levies a cess/fee upon Petitioners for.....
Tags : Bombay High Court, Green Cess, Validity
No superior Court in hierarchical jurisdiction can issue such direction/mandamus to any subordinate Court commanding them to pass a particular order(14.12.2017)
Present appeal is filed by the Complainant against the final judgment passed by the High Court of Judicature whereby the High Court partly allowed the.....
Tags : Bail, Direction, Validity