Search Results for Tag : application
International Cases
Relevant Court to make the application for a summons is Supreme Court of Western Australia in its General Division and not the Court of Appeal division(01.03.2018)
Present is an application by the Respondent for leave pursuant to Order 10 Rule 7 of the Rules of the Supreme Court 1971 (WA) (Rules) to serve a 'mean.....
Tags : Means Inquiry, Application, Maintainability
Firm exercising characteristics of power against one player due to contractual relationship between the two, cannot be interpreted to imply that, it would be able to do so on a broader level(23.11.2017)
Present matter concerns two interlocutory applications, an amendment application and an exception application, arising from a private complaint referr.....
Tags : Prohibited practice, Complaint, Amendment, Exception, Application
Court is empowered to grant leave to a disqualified person to manage a corporation(04.12.2018)
By originating process lodged 17 September 2018 the plaintiff seeks leave of the court under s 206G of the Corporations Act, 2001 to be a director of .....
Tags : Bankrupt, Act as director, application
In absence of any third party interest, nothing else is required to be established before the court is compelled to make a declaration relating to confiscation(28.03.2019)
In present action, the Director of Public Prosecutions (DPP) seeks a declaration that particular property of the Plaintiffs has been confiscated, give.....
Tags : Application, Declaration, Confiscation
Dismissal of an application for a provisional order of liquidation is appealable(14.04.2023)
The appeal was directed against an order of the high court which dismissed the application by the Appellant for the provisional sequestration of the e.....
Tags : Provisional sequestration, Application, Maintainability
Issues once decided cannot be repeatedly re-ventilated and reconsidered(08.11.2016)
In present case, application by birth mother that, decision which was reached by Honorable Judge Singleton QC in August 2015 as to with whom this chil.....
Tags : Child, Custody, Application
A disclaimer does not affect any right or liability that has already accrued(28.12.2022)
The Plaintiff makes an application by originating summons pursuant to Section 568F(1) of the Corporations Act, 2001 seeking the Units are vest in, or .....
Tags : Unit, Vesting of, Application
Court may withhold a winding up order, where Plaintiff lacks clean hands or has himself or herself been primary contributor to breakdown of relationship.(03.08.2017)
In facts of instant case, winding up application is made pursuant to Section 461(1)(k) of Corporations Act, 2001. This is section which is generally r.....
Tags : Application, Winding up, Grant
Top Story
Pre-existing dispute is not a bar for rejecting application filed by a financial creditor under Section 7 rules NCLAT(01.10.2019)
In a recent Judgment rendered by National Company Law Appellate Tribunal (NCLAT), it has been held that, the pendency of a suit in relating to a dispu.....
Tags : Dispute, Pendency, Application, Maintainability
RBI simplifies the application process for registration of Core Investment Companies(10.04.2023)
The Reserve Bank has undertaken a comprehensive review of the system of processing of applications for registration as Core Investment Companies (CICs.....
Tags : Application process, Registration, CICs
Patent application pendency numbers(25.04.2016)
Patent Offices in four Indian metros released numbers on application pendency in the country. Awaiting examination and disposal are a total of 2,37,67.....
Tags : Patents, application pendency, india
Is there a doctor in the house(31.08.2015)
“The time schedule is required to be strictly observed”, the Supreme Court held, as it dismissed a petition by a medical college to increase the numbe.....
Tags : mci, mbbs, application, reject
Notifications & Circulars
One-time permission for resubmission of applications for claiming assistance under 'Transport and Marketing Assistance for Specified Agriculture Products Scheme(04.02.2020)
1. With reference to the subject mentioned above, attention is invited to sub-paras (e) and (f) of para 7(A). 01 of "Handbook of Procedures" notified .....
Tags : Permission, Re-submission, Applications
Risk Weights for exposures to HFCs(20.10.2016)
It has been observed that there is a lack of uniformity among banks in the application of risk weights on their exposures to Housing Finance Companies.....
Tags : Risk weights, Application, Exposure
Income-Tax (19th Amendment) Rules, 2020(10.08.2020)
In exercise of the powers conferred by clause (d) of sub-section (8) of section 139A and clause (ii) of sub-section (7) of section 206AA read with sec.....
Tags : Amendment, Provision, Application
Online filing of AEO T2 and AEO T3 applications: Launch of version 2.0 of web-application for filing, real-time monitoring, and digital certification(01.07.2021)
1. The AEO application processing for AEO T1 on the web-based portal www.aeoindia.gov.in has been functional since December 2018. To take this endeavo.....
Tags : Online filing, Web-application, Digital certification
Recovery of confirmed demands during pendency of stay application(04.07.2016)
The Ministry of Finance brought changes to its 2013 notification on the recovery of confirmed demands while assessee’s stay application remains pendin.....
Tags : excise, confirmed demand, stay application
Exemption of a Banking Company from the application of the provisions of Sections 5 and 6 of the Competition Act, 2002(11.03.2020)
In exercise of the powers conferred by clause (a) of section 54 of the Competition Act, 2002 (12 of 2003), the Central Government hereby exempts a Ban.....
Tags : Exemption, Banking Company, Application, Provisions
Procedures for application for tariff rate quota for FY 2022-2023(27.01.2022)
1. Reference is invited to para 2.107 of the HBP, wherein the details of allocation of Tariff Rate Quota (TRQ) under various FTA/CECA are notified. Th.....
Tags : Procedures, Application, Tariff rate quota
Guidelines for submission of online application for one time registration for SCOMET license and post-reporting requirements for export of chemicals(13.01.2022)
1. Reference is invited to DGFT's Notification No. 47 dated 20.12.2021 regarding SCOMET updates 2021 and policy of General authorization for export of.....
Tags : Guidelines, Online application, SCOMET license
Startup India launches Startup applications for MAARG Portal(23.11.2022)
The Department for Promotion of Industry and Internal Trade (DPIIT), under the Ministry of Commerce and Industry, has launched a call for startup appl.....
Tags : Startup India, launch, Applications
Pending RTI Applications(01.08.2018)
Central Information Commission (CIC) has informed that 23,978 second appeals/complaints are pending as on 26-07-2018. No data is maintained in respect.....
Tags : RTI Applications, Pendency, Speedy disposal, Steps
Securities and Exchange Board of India launched Saa?thi 2.0 mobile application(03.06.2024)
The updated "Saa₹ thi" app introduces a user-friendly interface with comprehensive tools aimed at simplifying complex financial concepts. It includes .....
Tags : Saa?thi, Mobile application, Launch
Invitation of applications for recognition of Self-Regulatory Organisations (SROs) for NBFCs(19.06.2024)
1. The Reserve Bank had issued 'Omnibus Framework for recognition of Self-Regulatory Organisations for Regulated Entities of the Reserve Bank' dated M.....
Tags : Invitation, Applications, SROs
Exception from Online Filing of Application under Section 197 and 206C (9) in the cases of NRIs and Resident Applicants(24.12.2018)
The Central Board of Direct Taxes (CBDT) has decided to allow exception from online filing of application under Section 197 and 206C (9) in the cases .....
Tags : Online Filing, Exception, Application, NRIs and Resident Applicants
Environment Minister Launches Online Filing of Access and Benefit Sharing Applications(30.03.2017)
Taking yet another important step towards contributing to and promoting Digital India and Ease of Doing Business, Minister of State (Independent Charg.....
Tags : Launch, Online filing, Application
Facility to view status of/deficiency in claim applications and making good those deficiencies(15.01.2020)
1. The Justice (Retd.) R.M. Lodha Committee (the "Committee") had initiated the process of refunds for investors of PACL having claim amount upto Rs. .....
Tags : Status, Claim applications, Deficiencies
Action against Bank of Baroda under section 35A of the Banking Regulation Act, 1949(10.10.2023)
The Reserve Bank of India has, in exercise of its power, under section 35A of the Banking Regulation Act, 1949, directed Bank of Baroda to suspend, wi.....
Tags : Bob world, application, Action
Applications in ANF-2D submitted for seeking policy/procedure relaxation in terms of Para 2.58 of the FTP(30.01.2019)
Trade and industry is already aware that in view of the increasing number of applications seeking relaxation being received in this Directorate and to.....
Tags : Applications, Policy, Relaxation
Modalities related to Investment Adviser applications(26.09.2022)
SEBI, vide circular ref. 2021/579 dated June 18, 2021, granted recognition to BSE Administration and Supervision Ltd. (BASL), a wholly owned subsidiar.....
Tags : Modalities, Investment Adviser, Applications
CBDT clarifies provisions under Finance Act 2023 relating to donations made by a trust/institution to another trust/institution for purposes of application of income(06.03.2024)
Any trust or institution registered u/s 12AA or 12AB of the Income Tax Act 1961 is exempt, subject to the fulfilment of certain conditions
In.....
Tags : Provisions, Application, donations, Trusts
SEBI grants renewal of recognition to AMC Repo Clearing Limited for one year(15.01.2024)
The Securities and Exchange Board of India, having considered the application for grant of renewal of recognition under Regulation 12 of the Securitie.....
Tags : Application, Renewal, Grant
New application process to fast track the allotment of PAN and TAN(22.07.2016)
For fast tracking the allotment of PAN and TAN to company applicants, Digital Signature Certificate(DSC) based application procedure has been introduc.....
Tags : Fast track, Allotment, PAN, TAN, Application process
Special drive for disposal of applications for fixation of Brand Rate of Duty Drawback(28.05.2020)
1. To mitigate the hardship caused by the Covid-19 pandemic to the trade and industry and other stakeholders, Board vide Instruction No. 03/2020-Custo.....
Tags : Special drive, Disposal, Applications
Facility to view status of/deficiency in claim applications and making good those deficiencies(02.06.2020)
The Justice (Retd.) R.M. Lodha Committee (the "Committee") vide Press Release dated January 15, 2020 requested investors/applicants with claims upto R.....
Tags : Status, Deficiency, Claim applications
Applications of Online Payment Aggregators received under the Payment and Settlement Systems Act, 2007 - Status(15.02.2023)
With a view to bringing entities undertaking online payment aggregation business within the regulatory fold, Reserve Bank of India (RBI) has issued ci.....
Tags : Applications, Online Payment, Aggregators
Foreign Trade Policy 2015-2020-Introduction of online deemed exports application module(28.07.2021)
1. The members of trade are hereby informed that this Directorate is introducing an online Deemed Exports Module on the DGFT website as a part of IT R.....
Tags : Introduction, Exports application, Online
Application under Rules 4, 6 or 7 of Insolvency and Bankruptcy (Application to Adjudication Authority) Rules, 2016(15.06.2022)
1. It has been decided that henceforth, the Board will forward the application for initiating insolvency received by it in terms of rule 4, 6 or 7 of .....
Tags : Application, Adjudication Authority, Rules
News
CIC Rejects Plea Seeking Details of PM Modi’s Passport Application(06.03.2017)
Central Information Commission (CIC) has upheld CPIO’s refusal to provide to an RTI applicant copies of applications submitted by Prime Minister Naren.....
Tags : Central Information Commission, Passport Application, Modi
Kerala HC Directs CBSE to Consider Representation Against New Application Format(01.12.2020)
Kerala High Court has directed the Central Board of Secondary Education (CBSE) to consider a representation against its new application format regardi.....
Tags : Kerala High Court, New Application Format
Delhi HC: Avoidance Application Cannot be Adjudicated by NCLT After Approval Of Resolution Plan(01.12.2020)
Delhi High Court has held that an application for avoidance of a preferential transaction, though filed prior to the Resolution Plan being approved, c.....
Tags : Delhi High Court, Avoidance Application
Allahabad HC Imposes Cost on Plea for Speedy Disposal of Bail Application Not Filed(04.12.2020)
Allahabad High Court has dismissed a Criminal Writ plea with a cost of Rs. 10,000/- which was filed seeking a direction for speedy disposal of the bai.....
Tags : Allahabad High Court, Speedy Disposal of Bail Application
SC Asks to Consider Inclusion of Aadhar Card in Eligibility Criteria for Rehabilitation(28.09.2021)
Supreme Court has asked the Municipal Corporation of Faridabad to consider whether Aadhar card could be included in the eligibility criteria for ident.....
Tags : Supreme Court, Eligibility Criteria for Application for Rehabilitation
Calcutta HC Seeks Response on Application of Foreigners Act, 1946 on Religious Minorities(29.09.2021)
Calcutta High Court has sought the State government's stand on the application of the Foreigners Act, 1946 in respect of prosecution of religious mino.....
Tags : Calcutta High Court, Application of Foreigners Act, 1946 on Religious Minorities
Bombay HC Rejects Intervention Application of Godhra Riots Survivor(27.10.2016)
Bombay High Court while rejecting Intervention Application (IA) filed by Bilkis Bano, survivor of a gang-rape and witness to murder of her family, in .....
Tags : Bombay High Court, Intervention Application, Bilkis Bano, Godhra riots
SC: Court Cannot Refuse Bail Application on Merits Saying Accused Went Back on Promise to Settle(05.10.2020)
Supreme Court has observed that a Court cannot refuse to hear a bail application on merits on the ground that the accused had failed to comply with th.....
Tags : Supreme Court, Bail Applications
DGFT Notifies Procedure and Criteria for Applications for Export of Antigen Tests(19.08.2021)
Director-General of Foreign Trade (DGFT) has notified the Procedure and Criteria for submission, approval of applications for export of COVID-19 Rapid.....
Tags : Director-General of Foreign Trade, Applications for Export of Antigen Tests
Gujarat HC Quashes Order Rejecting Application for Criminal Defamation Against Rahul Gandhi(19.08.2021)
Gujarat High Court has quashed an order of the Surat Court rejecting the application filed by BJP MLA Purnesh Modi to examine 4 additional in a crimin.....
Tags : Gujarat High Court, Application for Criminal Defamation Against Rahul Gandhi
Gauhati HC Directs GST Commissioner to Decide Application Seeking Fixation of Special Rate(20.08.2021)
Gauhati High Court has directed the Goods and Service Tax Commissioner to decide the application seeking for fixation of a special rate to the value a.....
Tags : Gauhati High Court, Application Seeking Fixation of Special Rate
Delhi HC: Bar Against Entertaining Revision Application Not Applicable to Petition Under Article 227(23.08.2021)
Delhi High Court has held that the bar provided under Section 8 of the Commercial Courts Act, 2015 against entertaining revision application or petiti.....
Tags : Delhi High Court, Bar Against Entertaining Revision Application
SC: Successive Bail Applications Should Be Placed Before The Same Judge Who Considered The First One(09.05.2019)
Supreme Court has reiterated that successive bail applications filed by an accused should be placed before the same Judge who had refused bail in the .....
Tags : SC, Bail Application
ITAT, Mumbai: Wrong Assumption or Incorrect Application Would Make Order Liable for Revision(04.03.2020)
Income Tax Appellate Tribunal (ITAT), Mumbai has held that the wrong assumption of facts or incorrect application of the law would make the order liab.....
Tags : Income Tax Appellate Tribunal, Wrong Assumption or Incorrect Application
NCLAT: Limitation Period Applicable to Application Filed by Financial Creditor(16.03.2020)
National Company Law Appellate Tribunal has reversed the order of the National Company Law Tribunal, Ahemdabad holding that the order of admission of .....
Tags : National Company Law Appellate Tribunal, Limitation on Application by Financial Creditor
NCLT, Kochi: Only Debts Under ‘Operational Debt’ Can File Application u/s 9 of IBC(26.03.2021)
National Company Law Tribunal (NCLT), Kochi has ruled that only debts covered under the definition of ‘Operational Debt’ can file an application under.....
Tags : National Company Law Tribunal, Application u/s 9 of IBC
CLAT 2021: Deadline for Online Applications Extended to April 30(30.03.2021)
Consortium of National Law Universities has extended the last day for submitting online applications for the CLAT 2021 examination to April 30 2021.
Tags : CLAT 2021, Online Applications
Patna HC: Application u/s 34 Arbitration Act Challenging Arbitral Award is Not Suit(01.02.2022)
Patna High Court has held that an application filed under Section 34 of the Arbitration and Conciliation Act, 1996 challenging an arbitral award is no.....
Tags : Patna High Court, Application u/s 34 Arbitration Act
CESTAT, Mumbai: Application for Compounding of Offence Can Not be Rejected on Technical Grounds(20.02.2020)
Custom, Excise & Service Tax Appellate Tribunal (CESTAT), Mumbai has held that the purpose of compounding of offence against the payment of compoundin.....
Tags : Customs Excise and Service Tax Appellate Tribunal, Application for Compounding of Offence
J&K HC Dismisses Intervention Application of Association of Pellet Survivors as "Unnecessary"(24.02.2020)
Jammu and Kashmir High Court have dismissed an application filed by Association of Pellet Survivors to intervene in an ongoing Public Interest Litigat.....
Tags : Jammu and Kashmir High Court, Intervention Application of Association of Pellet Survivors
Gujarat HC Permits to File Refund Application as Chilling and Packaging of Milk is Exempted(28.02.2020)
Gujarat High Court has permitted the Petitioner to file the refund application as chilling and packaging of milk is exempted under Goods and Service T.....
Tags : Gujarat High Court, Anticipatory Bail, Refund Application
Madras HC: If Application for Amendment Does Not Change Character of Petition, May be Allowed(11.02.2022)
Madras High Court has ruled that if the new grounds introduced by amendment do not change the character of the petition originally filed for setting a.....
Tags : Madras High Court, Application for Amendment
SC: Application for Correction of Decree Only Maintainable Before HC Where Decree Confirmed(14.02.2022)
Supreme Court has observed that in cases where the decree passed by the trial court merges with judgment and decree passed by the High Court, then the.....
Tags : Supreme Court, Application for Correction of Decree
Kerala HC: No Bar on Filing Anticipatory Bail Applications in Triple Talaq Cases(10.08.2020)
Kerala High Court has held that Anticipatory Bail application under Section 438 of the Code of Criminal Procedure, 1973 is not barred in a case in wh.....
Tags : Kerala High Court, Anticipatory Bail Applications in Triple Talaq Cases
Madras HC: State Should Consider on Applications to Transgender Board(15.06.2021)
Madras High Court has said that the State should consider whether all applicants who have applied to the Transgender Board in the State by May 31, 202.....
Tags : Madras High Court, Applications to Transgender Board
Delhi HC Directs to Block Defamatory Tweet, Social Media Posts Against India Today(15.06.2021)
Delhi High Court has directed 'TheCognate' to block the tweet in the form of infographic and other social media posts made against India Today News Ch.....
Tags : Madras HC: State Should Consider on Applications to Transgender Board
Madras HC: Applications Under Maintenance Act to be Disposed Of in Two Months(16.06.2021)
Madras High Court has directed the Chief Secretary to issue a circular instructing all Collectors and revenue officials in the State to dispose of in .....
Tags : Madras High Court, Applications Under Maintenance Act
Orissa HC: Court for Deciding Applications Arising Out of Arbitration Agreement is Commercial Court(15.04.2022)
Orissa High Court has observed that the Court for the purpose of deciding all the applications arising out of the arbitration agreement between the pa.....
Tags : Orissa High Court, Court for Deciding Arbitration Applications, Commercial Court
Madhya Pradesh HC: Application for Anticipatory Bail Maintainable After Accused Declared Absconder(14.05.2020)
Madhya Pradesh High Court has observed that declaration of an accused as an "absconder" under Section 82 of the Code of Criminal Procedure, 1973 does .....
Tags : Madhya Pradesh High Court, Application for Anticipatory Bail
Allahabad HC Enables Persons Desirous of Opposing Any Application to Join VC Proceedings(14.05.2020)
Allahabad High Court has intimated that all person desirous of opposing any application before the High Court may send a request for the same on presc.....
Tags : Allahabad High Court, Persons Desirous of Opposing Any Application
Karnataka HC: Application Under Section 12 DV Act Not Barred by Section 468 CrPC(19.05.2021)
Karnataka High Court has held that an application made under Section 12 of the Domestic Violence Act, 2005 is not barred by period of limitation under.....
Tags : Karnataka High Court, Application Under Section 12 DV Act
NCLT, Kochi: Initiation of CIRP Not Mandatory for Application Against Personal Guarantors(28.02.2022)
National Company Law Tribunal, Kochi has held that when an application for initiation of corporate insolvency resolution process (CIRP) is pending bef.....
Tags : National Company Law Tribunal, Application Against Personal Guarantors
Kar. HC Issues Directions to Ensure Bound Disposal of Maintenance Applications(10.02.2023)
Karnataka High Court has issued directions to trial courts to follow a timeline, in deciding applications filed by estranged women seeking maintenance.....
Tags : Karnataka High Court, Maintenance Applications, Disposal, Directions
Bombay HC: Application Seeking Time Extension for Investigation Not Maintainable(21.08.2020)
Bombay High Court has held that an application seeking extension of time for investigation under the Narcotic Drugs and Psychotropic Substances Act, 1.....
Tags : Bombay High Court, Application Seeking Time Extension
Telangana HC: Anticipatory Bail Application by Juvenile in Writ Petition Not Maintainable(05.07.2021)
Telangana High Court has ruled that filing of an anticipatory bail application by a juvenile under Section 438 of the Code of Criminal Procedure, 1973.....
Tags : Telangana High Court, Anticipatory Bail Application by Juvenile
SEBI Reduces Time for Companies to Submit Application with Market Regulator for Obtaining NOC(06.07.2021)
Securities and Exchange Board of India has reduced the time period to 2 months for companies to submit an application with the markets regulator for o.....
Tags : Securities and Exchange Board of India, Application with Market Regulator for Obtaining NOC
CBIC Launches Online Filing of Application for Authorised Economic Operators(09.07.2021)
Central Board of Indirect Taxes & Customs (CBIC) has inaugurated the online filing of Authorised Economic Operators (AEO) T2 and T3 applications to en.....
Tags : Central Board of Indirect Taxes & Customs, Application for Authorised Economic Operators
Del. HC: Application for Drawing Sample U/S 52A of NDPS Act Should Be Made Within 72 Hours(19.05.2023)
Delhi High Court has observed that application for drawing sample of drug or psychotropic substance under Section 52A of NDPS Act must be made within .....
Tags : Delhi High Court, NDPS Act, Sample, Application
Application for Interim Measure of Protection Maintainable Even After Arbitration Award: Kerala HC(28.11.2018)
Kerala High Court has held that application under Section 9(1)(ii) of the Arbitration and Conciliation Act, 1996 seeking an interim measure of protect.....
Tags : Kerela High Court, Application for Interim Measure of Protection
Calcutta HC: Application u/s 9 Of A&C Act Can be Filed Where Part of Cause of Action has Arisen(14.10.2020)
Calcutta High Court has observed that an application under section 9 of the Arbitration and Conciliation Act, 1996 can be filed where a part of the ca.....
Tags : Calcutta High Court, Application u/s 9 of the Arbitration and Conciliation Act, 1996
Rajasthan HC Directs State to Allow VRS Application of Doctor(19.10.2020)
Rajasthan High Court has directed the State of Rajasthan and Sawai Man Singh Medical College and Associate Hospital to allow the Voluntary Retirement .....
Tags : Rajasthan High Court, VRS Application of Doctor
Delhi HC Orders for Expeditious Processing of Ration Card Applications(22.10.2020)
Delhi High Court has passed an order in the writ petitions directing the State of National Capital Territory of Delhi to expeditiously process the pen.....
Tags : Delhi High Court, Pending Ration Applications
Karnataka HC Directs State to File Detailed Reply to Application Seeking Modification of Govt Order(08.09.2021)
Karnataka High Court has directed the state government to file a detailed reply, within four weeks, to an application seeking modification of a GO dat.....
Tags : Karnataka High Court, Application Seeking Modification of Govt Order
Ker HC: If HC had Previously Denied Anticipatory Bail, Successive Appln. Should Be Filed Before HC(26.07.2023)
Kerala High Court has held that in cases where the High Court rejected anticipatory bail plea, second or successive anticipatory bail applications, po.....
Tags : Kerala High Court, Anticipatory Bail, Successive Application
SC Issues Notice on Bail Application Upon Accused's Plea That Victim Had Consented(08.12.2020)
Supreme Court has issued notice on a bail plea of a man accused of rape of a girl, who was a minor aged 17 years 8 months at the time of the offence, .....
Tags : Supreme Court, Bail Application
SC: Application Under Section 482 CrPC Cannot be Filed by Person Not connected to Trial(17.12.2020)
Supreme Court has observed that an application under Section 482 of the Code of Criminal Procedure, 1973 filed by a person who is in no way connected .....
Tags : Supreme Court, Application Under Section 482 CrPC
Gujarat HC Issues Notice on Law Student’s Plea Whose Enrolment Application Has Been Pending(17.12.2020)
Gujarat High Court has issued notice on a petition filed by a law graduate, whose application for enrolment with the Bar Council of Gujarat has been k.....
Tags : Gujarat High Court, Enrolment Application
ITAT: Share Application Money is ‘Capital Asset’ Under Income Tax Act(18.12.2020)
Income Tax Appellate Tribunal (ITAT), Mumbai has held that Share Application Money is ‘Capital Asset’ for the purpose of Income Tax Act, 1961.
Tags : Income Tax Appellate Tribunal, Share Application Money
Madras HC: Court Can't Evaluate Evidence While Deciding Application for Revocation of Leave(15.11.2021)
Madras High Court has iterated that while considering an application for revocation of leave granted under Clause 12 of the Letters Patent, the Court .....
Tags : Madras High Court, Application for Revocation of Leave
SC Expresses Reservation with Precedent Limiting Scope of High Courts in Deciding Discharge Appln(30.11.2023)
Supreme Court has expressed reservations with the precedent in Minakshi Bala v. Sudhir Kumar (MANU/SC/0702/1994), which limited/restricted the scope o.....
Tags : Supreme Court, Discharge Application, Precedent
ITAT, Pune: Income Tax Act, 1961 Has No Provisions to Condone Delay in Filing Misc. Applications(25.03.2020)
Income Tax Appellate Tribunal (ITAT), Pune, while dismissing a bunch of miscellaneous applications, has held that the Income Tax Act, 1961 does not ha.....
Tags : Income Tax Appellate Tribunal, Condonation of Delay in Filing Miscellaneous Applications.
Securities and Exchange Board of India Cuts Timeline for Filing Settlement Application to 60 Days(18.01.2022)
Securities and Exchange Board of India (SEBI) has cut the timeline for filing settlement applications to just 60 days from the current 180 days in its.....
Tags : Securities and Exchange Board of India, Timeline for Filing Settlement Application
Madras HC Sets Aside Rejection Order Directing Processing of Application Under Pension Scheme(25.01.2022)
Madras High Court has set aside the rejection order by Freedom Figher Revenue Division (F.F.R) and directed the processing of Petitioner's application.....
Tags : Madras High Court, Application Under Pension Scheme
Bom. HC: Informant Is Entitled to Opportunity of Hearing in Discharge Application of Accused(08.12.2022)
Bombay High Court has held that first informant has a right to opportunity of hearing in the discharge application filed by the accused before the Cou.....
Tags : Bombay High Court, Discharge Application, Informant
Kerala High Court: Bail Application Allowed on Ground of Procedural Infraction by Detecting Officer(05.03.2024)
Kerala High Court while granting bail to the accused for possessing narcotic substances, has held that when a detecting officer does not follow a mand.....
Tags : Kerala High Court, Bail Application, Detecting Officer
Supreme Court: Landlord Not Precluded from Making Application for Fair Rent Determination(03.02.2020)
Supreme Court has held that a landlord is not precluded from making an application for determination of fair rent during the currency of agreed rent b.....
Tags : Supreme Court, Fair Rent Determination, Application by Landlord
Securities and Exchange Board of India Unveils New FPI Registration Application(05.02.2020)
Securities and Exchange Board of India has come out with a common application form for registration of foreign portfolio investors, to enhance operati.....
Tags : Securities and Exchange Board of India, Application for Foreign Portfolio Investors Registration
SC Rejects Bail Application of Akhil Gogoi in UAPA Case Relating to Anti-CAA Protests(11.02.2021)
Supreme Court has dismissed plea by peasants' rights activist Akhil Gogoi, challenging the Gauhati High Court order rejecting his bail plea. The Court.....
Tags : SC, Bail Application
SC: SEBI Circular on Standardisation of Procedure for Debenture Trustees Has Retroactive Application(05.09.2022)
Supreme Court has allowed retroactive application of SEBI Circular on Standardisation of procedure to be followed by Debenture Trustee(s) in case of d.....
Tags : Supreme Court, SEBI, Retrospective Application
SC: No Application of Principle of ‘Falsus in uno, falsus in omnibus’ in India(21.08.2023)
Supreme Court has observed that principle governing “Falsus in uno, falsus in omnibus” has got no application to the courts in India, and therefore it.....
Tags : Supreme Court, Falsus in uno, falsus in omnibus, Application
Bombay High Court Imposes Costs For Vexatious Application In Commercial Dispute(29.09.2021)
Bombay High Court recently imposed heavy costs on the plaintiff for a "vexatious and mischievous" application, observing that the Commercial Courts Ac.....
Tags : Bombay High Court, Costs For Vexatious Application
HP HC: Declaration as ‘Absconder’ Not to Preclude from Filing Anticipatory Bail Application(02.11.2020)
Himachal Pradesh High Court has made it clear that declaration of an accused as an "absconder" under Section 82 of the Code of Criminal Procedure, 197.....
Tags : Himachal Pradesh High Court, Anticipatory Bail Application
Bombay HC: Sessions Court Rejecting Anticipatory Bail Application to Grant 3 days to Avoid Arrest(24.08.2021)
Bombay High Court has held that a Sessions Court rejecting the anticipatory bail application should grant interim protection for at least three workin.....
Tags : Bombay High Court, Sessions Court Rejecting Anticipatory Bail Application
Delhi HC Issues Notice on Contempt Application Filed By Telecom Watchdog(03.09.2021)
Delhi High Court has issued notice on an application for initiation of contempt, filed by Telecom Watchdog in the case pertaining to grant of telecom .....
Tags : Delhi High Court, Contempt Application Filed By Telecom Watchdog
Bombay HC: Award Need Not be Set Aside for Mere Erroneous Application of Law(23.08.2022)
Bombay High Court has held that when the court is convinced that the Arbitrator has erred only on specific issues and that the arbitral award is other.....
Tags : Bombay High Court, Arbitrator, Erroneous Application
Kerala HC Constitutes Special Bench to Hear Bail Applications Through Video Conferencing(07.04.2020)
Kerala High Court has constituted a Special Bench to hear Bail Applications. The Court has started hearing bail applications from 6th April, 2020 thro.....
Tags : Kerala High Court, Special Bench to Hear Bail Applications
Karnataka HC: Courts Cannot Evade Application for Anticipatory Bail(28.06.2021)
Karnataka High Court has said that the apprehension of arrest always does exist even after issuance of notice of appearance under Section 41A of the C.....
Tags : Karnataka High Court, Application for Anticipatory Bail
Calcutta HC Allows Applications Filed by WB Govt, CM Mamata Banerjee for Accepting Affidavits(30.06.2021)
Calcutta High Court has allowed the applications filed by State of West Bengal, Chief Minister Mamata Banerjee, and the State Law Minister Moloy Ghata.....
Tags : Calcutta High Court, Applications Filed by WB Govt, CM Mamata Banerjee
Delhi HC: Presence of Estranged Husband Not Required to Process OCI Card Application(26.07.2021)
Delhi High Court has held that imposition of the condition mandating the presence of both spouses for the purpose of processing an OCI (Overseas Citiz.....
Tags : Delhi High Court, OCI Card Application
MCA Notifies Procedure for Disposal of Application for Conversion of Public Company into Private(27.01.2021)
Ministry of Corporate Affairs (MCA) has notified the procedure for disposal of application for conversion of a public company into private in case of .....
Tags : Ministry of Corporate Affairs, Disposal of Application for Conversion of Public Company to Private
Kerala HC: Any Application Seeking ‘Order of Prior Recognition’ to be in Form II(28.01.2021)
Kerala High Court has directed that any application made by a School seeking an "Order of Prior Recognition" under the terms of Rule 14 of the Kerala .....
Tags : Kerala High Court, Application Seeking ‘Order of Prior Recognition’
SC Directs States to File Reports with NALSA on Pending Applications of Convicts Seeking Remission(03.02.2021)
Supreme Court has directed all States to file reports through their respective State Legal Services Authorities (SLSA) to National Legal Services Auth.....
Tags : Supreme Court, Pending Applications of Convicts Seeking Remission
Karnataka HC: Application for Judgment on Admissions May be Filed at Any Stage of Suit(14.12.2021)
Karnataka High Court has reiterated that a decree can be passed under Order XII Rule 6 of Code of Civil procedure, 1908 (CPC) at any stage of the suit.....
Tags : Karnataka High Court, Application for Judgment on Admissions
# GST Changes Applicable From 01.01.2021: Extension on Period for Filing of Revocation Application(29.12.2020)
Finance Act, 2020 has amended Section 30(1) of the Central Goods and Service Act, 2017 to provide that on sufficient cause, the Additional/Joint Commi.....
Tags : Finance Act, 2020, Central Goods and Services Act, 2017, Filing of Revocation Application
SC: Provisions of Limitation Act Has No Application When Statute Extinguishes The Right Itself(01.08.2022)
Supreme Court has held that the provisions of Limitation Act will not have any application when a Statute extinguishes the right itself.
Tags : Supreme Court, Limitation, Application
SC Stays Retrospective Application of Provision Enabling the Transfer of Teachers(12.10.2023)
Supreme Court has restricted the retrospective application of Section 10C of West Bengal School Service Commission Act, 1997 that enables the State Go.....
Tags : Supreme Court, Retrospective Application, Teachers, Transfer
Kar. HC: Failure to Notify Victim of the Bail Application Amount to Violation of his Rights(13.10.2023)
Karnataka High Court has held that failure of Court and prosecution to notify victim of bail application of accused leads to violation of the victim's.....
Tags : Karnataka High Court, Bail Application, Notify, Directions
SC: Travel Restrictions to India Not to be Considered in Future Visa Applications of Tablighi Members(20.11.2020)
Supreme Court has clarified that the condition imposed by the Karnataka High Court, while quashing criminal proceedings against eight foreigners belon.....
Tags : Supreme Court, Future Visa Applications of Tablighi Members
SC: Application For Certified Copy Has To Be Made Before Expiry Of Limitation Period(25.10.2021)
Supreme Court has observed that person wishing to file an appeal has to file an application for a certified copy before the expiry of the limitation p.....
Tags : Supreme Court, Application For Certified Copy
Delhi Court Dismisses Plea Claiming Right Over Entire South Delhi(21.09.2022)
Delhi Court has dismissed an intervention application filed by one Kunwar Mahendra Dhwaj Prasad Singh seeking right over the territories running betwe.....
Tags : Delhi Court, South Delhi, Intervention Application
Ker. HC: Mere Uploading of Appln. u/s 96 IBC Can’t be Considered as Filing(20.11.2023)
Kerala High Court has held that only when an application under Section 96 of IBC is filed without any defects and satisfying the statutory procedural .....
Tags : Kerala High Court, Application, IBC
Patrons of Accused Still Outside CBI Net, Says Vyapam Whistle Blower(29.11.2017)
Patrons of Accused Still Outside CBI Net, Says Vyapam Whistle Blower
Tags : Rai on Thursday filed, in the CBI court, applications opposing anticipatory bail pleas of SN Vijaywargiya of People's Medical College, NM Srivastava, the then joint director in the Medical Education Department, and Ajay Goenka of Chirayu Medical College besides an official of People's Medical College.
Government Notifies Last Date for Submitting Applications for Scrip Based FTP Schemes(17.09.2021)
Government has notified the last Date for Submitting applications for Script-based FTP Schemes and the validity period of Duty Credit Scrips. The Gove.....
Tags : Government, Applications for Scrip Based FTP Schemes
Corporate Debtor can Withdraw Application Filed Under IBC on Making OTS Offer to Creditor : NCLT(28.01.2019)
NCLT has allowed the a corporate debtor to withdraw petition for its insolvency, though with costs, besides allowing ex-director of corporate debtor t.....
Tags : NCLT, Corporate Debtor can Withdraw Application Filed Under IBC
SC: Can't Seek Review Under the Garb of Miscellaneous Application(08.11.2022)
Supreme Court while Centre’s Plea to modify order passed by the Court on September 8, 2021 which prevented extension of tenure of Director of Enforcem.....
Tags : Supreme Court, Miscellaneous Application, Enforcement Directorate
Del. HC: No Privacy Issues MCD SMART Mobile Application(27.12.2023)
Delhi High Court while observing that policy mandating attendance by paramedical staff of MCD on SMART Mobile Application is not arbitrary or unfair, .....
Tags : Delhi High Court, MCD SMART Mobile Application, Privacy
Ker. HC: Not Proper to Arrest Accused Before Verifying if Any Interim Order Subsits in Bail Plea(25.05.2023)
Kerala High Court has observed that it is not proper on the part of the Police Officer to arrest an accused, without verifying from the office of the .....
Tags : Kerala High Court, Arrest, Bail Application, Interim Order, Verify
Cal. HC: Application u/s 34 of A&C Act Falls Under Entry No. 2(c) of Schedule II of Court Fees Act(29.08.2024)
Cal. HC has held that principal application u/s 34 of Arbitration and Conciliation Act, 1996 falls under Entry No. 2(c) of Schedule II of the Court Fe.....
Tags : Calcutta High Court, S. 34 of A&C Act, Higher Fees, Principal Applications
SC: Information Regarding Rejection of Remission Application to be Immediately Given to Prisoner(12.09.2024)
Supreme Court while hearing a suo motu plea regarding comprehensive policy strategy for the grant of bail to prisoners, has noted that prisoner must b.....
Tags : Supreme Court, Remission Application, Suo Motu Plea
Raj. HC: MACT Empowered to Recall Order if Obtained through Fraud or Misrepresentation(20.09.2024)
Raj. HC has held that generally a Motor Accidents Claims Tribunal does not have the jurisdiction to deal with a review application under Order 47 of C.....
Tags : Rajasthan High Court, MACT, Review Application
SC: HCs Passing Orders Directing Disposal of Trials Within a Time Schedule is Contrary to Law(07.10.2024)
SC has held that while rejecting bail applications, the HCs are passing orders directing disposal of trials within a time schedule. Apart from the fac.....
Tags : Supreme Court, Trial Courts, Bail Applications
SC: Can’t Fix Time-Line for Disposal of Execution Matter as Judges of Bombay HC are Overburdened(07.10.2024)
Supreme Court has observed that, considering the fact that the judges of the Bombay High Court are overburdened direction to fix a time-line for dispo.....
Tags : Supreme Court, Bombay High Court, Execution Applications
Bombay HC Asks Centre to Submit Procedure in Application Against Unlawful Activities of Organization(17.02.2020)
Bombay High Court has asked the Centre to submit on record the procedure followed in deciding an application seeking a ban on an organisation for indu.....
Tags : Bombay High Court, Procedure for Application, Unlawful Activities of Organization
Gujarat High Court Rejects Bail Application of ISIS Ideologue(18.02.2020)
Gujarat High Court has rejected the bail application of a person who was alleged to be advocating ISIS ideology through various social media platforms.....
Tags : Gujarat High Court, Bail Application of ISIS Ideologue
SC: Application Under Order IX Rule 13 CPC Can be Allowed Only When Sufficient Cause(05.03.2021)
Supreme Court has observed application under Order 9 Rule 13 of the Code of Civil Procedure, 1908 cannot be automatically granted and can be allowed o.....
Tags : Supreme Court, Application Under Order IX Rule 13 CPC
SC: Limitation Period for Filing 'Section 11' Application Governed by Article 137 Limitation Act(10.03.2021)
Supreme Court has stated that the period of limitation for filing an application under Section 11 of the Arbitration and Conciliation Act, 1996 would .....
Tags : Supreme Court, Limitation Period for Filing 'Section 11' Application
MP HC: Reg. Mandating Students to Opt Same Subjects in Classes XI & XII Has No Retrospective Appl.(06.02.2024)
Madhya Pradesh High Court while allowing a student to appear for examinations in the Biology stream of Class XII instead of Mathematics has held that .....
Tags : Madhya Pradesh High Court, Retrospective Application, Madhya Pradesh Board of Secondary Education
Patent Office Dismisses Wyeth’s Divisional Patent Application(31.03.2016)
The Assistant Controller of Patents & Designs, Kolkata, has refused to proceed with a divisional patent application of Wyeth (now part of Pfizer), fo.....
Tags : Wyeth, Patent Application
Jharkhand HC Sets Aside 2019 Advertisement Giving Retrospective Application to EWS Reservation(25.01.2021)
Jharkhand High Court has set aside a 2019 advertisement published by the Jharkhand Public Service Commission giving retrospective application to the 1.....
Tags : Jharkhand High Court, Advertisement Giving Retrospective Application to EWS Reservation
Del. HC: Opponent Does Not Have a Right to Intervene in the Examination Process(11.01.2024)
Delhi High Court while observing that an objection is intended to facilitate and assist the Controller in examining the patent application, has held t.....
Tags : Delhi High Court, Examination, Patent Application
Ker HC: Accused Under NDPS Act Can Seek Bail on Oral Application if IO Fails to File Final Report(18.01.2024)
Kerala High Court has held that an accused under Narcotic Drugs and Psychotropic Substances Act (NDPS Act) is entitled to be released on statutory bai.....
Tags : Kerala High Court, Oral Application, Final Report, Investigating Officer
MP HC: Rejection of Application to Donate Kidney to Ailing Son Not Sustainable(17.02.2022)
Madhya Pradesh High Court has held that the rejection of an application, moved by the Petitioner/mother to donate her kidney to her ailing son, by the.....
Tags : Madhya Pradesh High Court, Application to Donate Kidney
Bom. HC: Information of Previous Bail Applications And Orders to Be Give in All Bail Applications(26.02.2024)
Bombay High Court while issuing a circular, has mandated details of all previous applications for bail to be given in bail applications presented befo.....
Tags : Bombay High Court, Bail Applications, Circular
Delhi HC Orders Time Limit for Disposal of Application Moved by Bank to Sell Vehicle in Recovery Suit(22.01.2020)
Delhi High Court has held that the Applications filed for seeking permission to sell a vehicle seized by the bank in cases of default cannot be kept p.....
Tags : Delhi High Court, Time Limit for Disposal of Application to Sell Vehicle
SC: Debts Recovery Tribunal Has No Power to Condone Delay in Filing Review Application(27.01.2020)
Supreme Court has held that the Debts Recovery Tribunal has no power to condone the delay in filing application for review under the Recovery of Debts.....
Tags : Supreme Court, Debt Recovery Tribunal's Power to Condone Delay, Review Application
Bombay High Court Suggests BMC to Invite Fresh Applications for Junior Panel Lawyers(28.01.2020)
Bombay High Court has asked the Brihanmumbai Municipal Corporation (BMC) to invite applications from lawyers interested in being empaneled on the Juni.....
Tags : Bombay High Court, Brihanmumbai Municipal Corporation, Fresh Applications for Junior Panel Lawyers
Karnataka High Court Grants Bail to Bangladeshi Christian Woman Citing Citizenship (Amendment) Act(29.01.2020)
Karnataka High Court has granted bail to a Bangladeshi Christian woman, citing Section 2 of the Citizenship (Amendment) Act, 2019, according to which .....
Tags : Karnataka High Court, Application of Citizenship Amendment Act
Rajasthan HC: Applications for Sentence Suspension Not 'Extreme Urgent Matters' During Lockdown(01.04.2020)
Rajasthan High Court has directed the Registry to not list applications for bail and sentence suspension under the category of 'extreme urgent matters.....
Tags : Rajasthan High Court, Applications for Sentence Suspension
Karnataka HC: Application for Judgment on Admissions May be Filed at Any Stage of Suit(14.12.2021)
Karnataka High Court has reiterated that a decree can be passed under Order XII Rule 6 of Code of Civil procedure, 1908 (CPC) at any stage of the suit.....
Tags : Karnataka High Court, Application for Judgment on Admissions
Delhi HC Refuses to Interfere with Plea on JNU Failure to Accept Application for PhD in Hindi(30.12.2021)
Delhi High Court has refused to interfere with a plea of a candidate who claimed that Jawaharlal Nehru University has not invited any applications for.....
Tags : Delhi High Court, Failure to Accept Application for PhD
SC: Bail Application Filed Through Advocate Not to be Considered Appearance of Absconding Accused(18.03.2024)
Supreme Court has held that filing of an anticipatory bail through an advocate would not and could not be treated as an appearance before a court by a.....
Tags : Supreme Court, Section 82 of CrPC, Section 83 of CrPC, Bail Application, Absconding Accused
Bombay HC Quashes FIR Against Newslaundry Journalist Accused of Falsely Applying Trademark(22.04.2021)
Bombay High Court has quashed a First Information report lodged by Sakal Times against a Newslaundry journalist Prateek Chandragupt Goyal for using it.....
Tags : Bombay High Court, Sakal Times, Newslaundry Website, False Application of Trademark
Karnataka High Court: SC /ST Prevention Of Atrocities Act Is Prospective In Nature(08.03.2022)
Karnataka High Court has observed that the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, is prospective in nature and all.....
Tags : Karnataka High Court, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989, Prospective Application
MP HC Dismisses Application in Dacoity Case Seeking Custody of Recovered Stolen Cash(14.03.2022)
Madhya Pradesh High Court has dismissed an application moved by a Complainant in a dacoity case, seeking custody of the recovered stolen cash to the t.....
Tags : Madhya Pradesh High Court, Application in Dacoity Case
Allahabad HC: In Application for Discharge, Court Only to See Prima Facie Case Made Out(15.03.2022)
Allahabad High Court has reiterated that while dealing with an application for discharge under Section, the Court is required to only see whether a pr.....
Tags : Allahabad High Court, Application for Discharge
Delhi HC: Avoidance Applications Survive CIRP(17.01.2023)
Delhi High Court has held that avoidance applications filed under IBC survive even after approval of the resolution plan, in cases where Resolution Pl.....
Tags : Delhi High Court, Avoidance Applications, CIRP
All. HC: Filing Amendment Application in Pending Application Can’t be Considered Second Application(04.04.2024)
Allahabad High Court has held that for release of property from tenant under Section 21 of the Uttar Pradesh Urban Buildings (Regulation of Letting, R.....
Tags : Allahabad High Court, Amendment Application, Second Application
SC Clarifies That Judgement Stating B.Ed Graduates Can't Be Primary School Teachers Operates Prospe.(09.04.2024)
Supreme Court has clarified that the judgment delivered by the Court that Bachelor of Education (B.Ed.) degree holders cannot be primary school teache.....
Tags : Supreme Court, B.Ed Graduates, Primary School Teachers, Prospective Application
Orissa HC Strikes Down Rule Allowing Senior Designation Without Proposal/ Application(11.05.2021)
Orissa High Court has struck down Rule 6(9) of the 'High Court of Orissa (Designation of Senior Advocate) Rules, 2019' which confers power on the Full.....
Tags : Orissa High Court, Senior Designation Without Proposal/ Application
Allahabad HC: Refund Application Under GST Cannot be Rejected on Grounds of Delay(16.03.2022)
Allahabad High Court has observed that the refund application under the Goods and Service Tax (GST) cannot be rejected merely on the ground of delay.
Tags : Allahabad High Court, Refund Application Under GST
Orissa HC: Can’t Expect GST Return Filing Without Commencement of Business(13.03.2023)
Orissa High Court while observing that license application should not be rejected only because a GST return has not been filed yet, has held that unle.....
Tags : Orissa High Court, GST Return, License Application
Kerala HC: Delay in Filing Application Only Fatal if Allows for an Unfair Benefit(07.02.2022)
Kerala High Court has ruled that a delay in filing an application only becomes fatal if by allowing such application, the applicant obtains an unfair .....
Tags : Kerala High Court, Delay in Filing Application
Supreme Court: Can’t Apply CrPC Retrospectively to Jammu & Kashmir Before 31.10.2019(20.05.2024)
SC has observed that the Code of Criminal Procedure, 1973 would come into effect only from the appointed day, and therefore has no retrospective appli.....
Tags : Supreme Court, Jammu & Kashmir, Retrospective Application
Guidelines Issued by Delhi High Court for Trial Court Judges to Decide Transfer Applications(29.05.2024)
Delhi High Court has issued guidelines required to be followed in the national capital by Principal District & Sessions Judges while dealing with tran.....
Tags : Delhi High Court, Trial Court Judges, Transfer Applications
Del. HC: Free Wi-fi Facility Launched by Delhi High Court for Lawyers, General Public(30.05.2024)
Delhi High Court has launched a free Wi-Fi facility for lawyers and the general public. Apart from that the e-True Copy Application, soft-launched Del.....
Tags : Delhi High Court, Free Wi-Fi, e-True Copy Application
Karnataka HC Directs District Court Not to Defer Hearing Bail Applications(12.05.2020)
Karnataka High Court has said that trial Court cannot defer hearing of bail application stating that it is not a case of extreme urgency without going.....
Tags : Karnataka High Court, Hearing of Bail Applications
Allahabad HC: Matrimonial Case Cannot Be Transferred On Ground of Distance/ Financial Stress(30.03.2022)
Allahabad High Court has held that once an application under Section 24 of the Hindu Marriage Act, 1955 has been allowed and uninterrupted litigation .....
Tags : Allahabad High Court, Matrimonial Case, Matrimonial Dispute, Transfer Application, Section 24 of the Hindu Marriage Act, 1955
Del. HC: Updation Application to Change Amount of Counter Claim is an Amendment Application(29.03.2023)
Delhi High Court has held that where a party has filed an application seeking to update its counter claims before Arbitral Tribunal, the said applicat.....
Tags : Delhi High Court, Updation Application, Amendment, Arbitral Tribunal
SC: 2015 Amendment to S. 153C of IT Act Will have Retrospective Application(06.04.2023)
Supreme Court has held that amendment to Section 153C of Income Tax (IT) Act 1961 by Finance Act 2015 will retrospectively apply to searches conducted.....
Tags : Supreme Court, Income Tax, Section 153C, Retrospective Application
Chhattisgarh HC: If Agreement Stipulates for Reference to DRC, Claimant Must Exhaust that Remedy(18.04.2022)
Chhattisgarh High Court has held that an application under Section 11 of Arbitration and Conciliation Act, 1996 is not maintainable if the Petitioner .....
Tags : Chhattisgarh High Court. Application, Dispute Resolution Committee, Agreement
SC Disapproves Practice of Filing Applications in Disposed Of SLPs to Side-Step Arbitration Process(21.04.2023)
Supreme Court while expressing disapproval of practice of filing applications in disposed of SLPs in order to side-step the arbitration process, has o.....
Tags : Supreme Court, Applications, SLPs, Arbitration Process
Delhi HC: Court is Permitted to Entertain Application to Amend Admission Made in Pleadings(09.08.2021)
Delhi High Court has observed that a Court is permitted to entertain an application to amend an admission made in pleadings even after reserving judgm.....
Tags : Delhi High Court, Application to Amend Admission Made in Pleadings
SC: Application for Initiating CIRP Has To Be Rejected If Dispute Truly Exists In Fact(12.08.2021)
Supreme Court has observed that adjudicating authority has to reject an application seeking initiation of Corporate Insolvency Resolution Process unde.....
Tags : Supreme Court, Application for Initiating CIRP
P&H HC: Bail Application of Juvenile to be Decided After Considering Social Investigation Report(03.06.2021)
Punjab and Haryana High Court has reiterated that the bail application of a Juvenile under Section 12 of the Juvenile Justice Act, 2015 must be decide.....
Tags : Punjab and Haryana High Court, Bail Application of Juvenile
NCLAT, Delhi: Amount Given as Share Application Money is Not Covered Under Financial Debt(25.04.2022)
National Company Law Appellate Tribunal (NCLAT) , Delhi has held that money given as Share Application Money cannot be treated as a financial debt in .....
Tags : National Company Law Appellate Tribunal, Share Application Money
J&K HC: In Bail Applications, No Necessity to Give Opportunity to State to File Written Objections(03.07.2024)
Jammu and Kashmir High Court has observed that in a bail application, there is no necessity to give an opportunity to the State to file written object.....
Tags : Jammu and Kashmir High Court, Bail Application, Written Objections
SC: No Bar in Permitting Amendment of Pleadings or Filing of Documents in CIRP Application(05.08.2021)
Supreme Court has observed that there is no bar in permitting amendment of pleadings or to the filing of additional document in an application under S.....
Tags : Supreme Court, Amendment of Pleadings or Filing of Documents in CIRP Application
MP HC: Accused Can’t be Compelled to Languish in Jail in Absence of Progression of Trial(26.07.2024)
MP High Court while allowing bail application of an accused, has held that if there is delay in progression of trial, then no one can be allowed to la.....
Tags : MP High Court, Progression of Trial, Bail Application
All. HC: Retroactive Application of Rulings to Arbitral Awards Would Create Legal & Procedural Chaos(21.10.2024)
All. HC has observed that if parties were allowed to reopen concluded arbitrations based on new judicial rulings, it would lead to a flood of claims s.....
Tags : Allahabad HC, Arbitral Awards, Retroactive Application
Supreme Court: In a Bail Application There Can't Be a Transfer of Investigation(24.10.2024)
Supreme Court has held that in a bail application there can't be a transfer of investigation to CBI. The direction is virtually to make de novo invest.....
Tags : Supreme Court, Transfer of Investigation, Bail Application
SC: Appeal Against Retrospective Application of Electricity Act, 2003, Allowed(04.11.2024)
Supreme Court has allowed an appeal against the judgment of the MP High Court concerning the retrospective application of Electricity Act, 2003 and ha.....
Tags : Supreme Court, MP High Court, Retrospective Application
J&K HC: Complainant/Dependent to be Heard if Accused files Bail Application Under SC/ST Act(06.11.2024)
J&K High Court has observed that on filing of a bail application for being released in a case under the SC/ST (Prevention of Atrocities Act), 1989 the.....
Tags : J&K High Court, Bail Application, SC/ST Act
Gau HC: Crim. Petitions Filed after 1st July, 2024 in FIRs before said Date to be Filed Under BNSS(14.11.2024)
Gauhati High Court has held that all the criminal petitions, bail applications filed after 1st July, 2024 in FIRs registered prior to this date are li.....
Tags : Gauhati High Court, Bail Applications, BNSS
Delhi HC Questions Mandatory Online Application for Minority Scholarships(30.09.2016)
Delhi HC has asked Central Government why it had made online application mandatory for students from minority communities seeking scholarships.
Tags : Delhi HC, Online Application
CBIC Launches Online Filing of Application for Authorised Economic Operators(13.07.2021)
Central Board of Indirect Taxes & Customs (CBIC) has inaugurated the online filing of Authorised Economic Operators (AEO) T2 and T3 applications. The .....
Tags : Central Board of Indirect Taxes & Customs, Filing of Application for Authorised Economic Operators
Delhi HC: Failure to Supply of Legible Copies of Documents Renders Detention Order Illegal(03.05.2022)
Delhi High Court has observed that an order of detention passed by the Detaining Authority based on illegible copies of documents suffers from non-app.....
Tags : Delhi High Court, detention, Detaining Authority, illegible copies, non-application of mind
Raj. HC: Bail Denied to Man Who Was Not Mentioned in FIR but Accompanied Accused to Crime Scene(05.08.2024)
Raj. HC while rejecting the bail application of a man who was not named in FIR but accompanied the accused to the crime scene, has observed that even .....
Tags : Rajasthan High Court, Bail Application, FIR
Bom HC: CPC Doesn’t Have Provision to Extend Time for Filing WS Due to Pendency of Misc. Application(06.08.2024)
Bombay High Court has observed that there is no provision in the Civil Procedure Code, 1908 or any pronouncement of the Court stating that time to fil.....
Tags : Bombay High Court, Written Statement, Miscellaneous Application
Judgments
Appellant cannot claim a vested right to have entries in school record corrected(23.01.2017)
Appellant/writ petitioner appeared for Class-X Board Examination conducted by Central Board of Secondary Education (CBSE) in month of March, 2015 and .....
Tags : Records, Change of name, Application
Amendment application should be normally granted unless by virtue of amendment, nature of suit changed or prejudice caused to Defendant(18.01.2017)
Petitioner is objecting to the Order passed by Chairperson of Debt Recovery Appellate Tribunal rejecting appeal preferred by Petitioner-original appli.....
Tags : Amendment, Application, Entitlement
CIC chastises Delhi CMO for acting like ‘post office’(25.01.2016)
In a case of be careful what you wish for, a senior citizen received detailed responses to his application under the Right to Information Act, 2005, o.....
Tags : Rti, application, transfer, pension
While considering grant of leave to contest eviction proceedings under Rent Laws, Authority/Court is not expected to examine merits and demerits of grounds raised(07.02.2017)
Instant appeal is filed against final judgment and order passed by High Court of Delhi whereby the High Court dismissed revision filed by Appellants h.....
Tags : Application, Contest, Leave
CPIO is to give sufficient reasons for denying supply of information on account of it being exempt(24.01.2017)
Petitioner impugns order dated 22th November, 2016, whereby, CIC has held Petitioner – CPIO liable for not providing information to Respondents. It ha.....
Tags : Query, Application, Explanation
Principle of res judicata is applicable between two stages of same litigation but issue involved must have been decided at earlier stage of same litigation(21.06.2017)
In facts of present case, Applicants before KAT were candidates, who appeared for 2011, Karnataka Gazetted Probationers' Examination. They were select.....
Tags : Application, Maintainability, Doctrine, Res judicata
PMLA has an over-riding effect and provisions of Cr. PC would apply only if they are not inconsistent with provisions of PMLA(10.04.2017)
Petitioner has preferred present bail application seeking regular bail under Section 439 of Code of Criminal Procedure,1973 (Cr. PC) read with Section.....
Tags : Application, Bail, Grant
In absence of domestic relationship between parties as on date of filing of complaint, proceedings under DV Act were not maintainable(18.04.2019)
The present revision is against the judgment by which the application of the applicant came to be rejected. The said judgment was challenged before th.....
Tags : DV Act, Application, Maintainability
Application to initiate insolvency proceedings is maintainable only when Applicant is a financial creditor under Insolvency and Bankruptcy Code (IBC).(23.10.2019)
The Appellant filed the present appeal aggrieved by the order of the Adjudicating Authority National Company Law Tribunal, whereby the Adjudicating Au.....
Tags : Nature of claim, Application, Maintainability
Exercise of powers under Article 227 of Constitution is not affected in any manner by presence of alternate remedy but the power is to be exercised sparingly(11.11.2019)
The brief facts as noted, is that the Petitioner herein had filed a suit for permanent injunction against the Respondent in claiming right title and i.....
Tags : Jurisdiction, Application, Maintainability
Adjudicating Authority under IBC is not a 'Court of Law' and it does not decide money claim or 'Suit'(18.11.2019)
The Appellant/'Financial Creditor' had projected the Application under Section 7 of the Insolvency & Bankruptcy Code, 2016 ('I&B' Code,) read with Rul.....
Tags : Dispute, Adjudication, Application, Maintainability
Where there is an existence of dispute prior to issuance of Demand Notice, Adjudicating Authority must reject the application(22.11.2019)
Present appeal is arising out of the impugned order passed by the Adjudicating Authority (National Company Law Tribunal, Division Bench), admitting th.....
Tags : Dispute, Existence, Application, Maintainability
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
A demand notice delivered by an Advocate duly instructed by the Operational Creditor is a valid demand notice for purposes of initiation of CIRP(08.01.2021)
In present case, Application filed by the Appellant- Operational Creditor under Section 9 of the Insolvency and Bankruptcy Code, 2016 ("I&B Code") cam.....
Tags : Application, Maintainability, Demand notice
Power to transfer a case must be exercised with due care, caution and circumspection(12.05.2017)
Applicant-wife, by way of instant transfer application under Section 24 of Code of Civil Procedure, 1908 (CPC), seeks transfer of a petition under Sec.....
Tags : Application, Transfer, Grant
The acknowledgment in the form of letters/OTS/Settlement terms made by 'Corporate Debtor' before expiry of period of limitation results in a fresh period of limitation(22.05.2020)
The limited question involved in present appeal is whether the application under Section 7 of the Insolvency and Bankruptcy Code, 2016 ("I&B Code") fi.....
Tags : Debt, Application, Maintainability
Adjudicating Authority is only required to ascertain existence of default from records of an information utility(22.05.2020)
The twin appeals preferred by the same 'Financial Creditor' viz 'Allahabad Bank' against two different 'Corporate Debtors' primarily assail the orders.....
Tags : Application, Admission, Entitlement
Application filed by Financial Creditor has to be admitted on satisfaction that, default has occurred and application is complete, and no disciplinary proceeding against proposed IRP is pending(03.05.2021)
The present application is filed under Section 7 of The Insolvency and Bankruptcy Code, 2016, read with Rule 4 of the Insolvency and Bankruptcy (Appli.....
Tags : Default, Application, Admission
Commissioner is empowered to entertain even a new ground not urged before lower authorities while exercising revisional powers(03.07.2017)
Petitioner, Rites Limited, has filed present petition challenging order passed by Respondent. By order dated 10th December 2010, CIT(A) dismissed appe.....
Tags : Application, Maintainability, New ground
It is mandatory to provide an opportunity to applicant for rectifying defects of application in terms of Section 9(5)(ii)(a) of IBC(19.04.2021)
Present appeal emanates from the Order passed by the Adjudicating Authority in Company Petition, whereby the Application filed by Appellant under Sect.....
Tags : Proper Authorisation, Application, Maintainability
Judge must discharge Accused, if on examination of record, there is no sufficient ground for proceeding against him(04.10.2017)
Present petition challenges impugned judgment passed by Additional Sessions Judge, thereby dismissing the same filed by the Petitioner against the ord.....
Tags : Application, Discharge, Grant
Unless specified by statute itself, procedural law operates retrospectively(18.08.2021)
Present Miscellaneous Application(MA) is filed by assessee seeking rectification of mistake , which as per assessee is apparent from record and has cr.....
Tags : Miscellaneous Application, Time period, Maintainability
An application under Order 39 Rule 4 of CPC is permissible only if in the application seeking temporary injunction, a party has made false and misleading statement(21.02.2022)
Appellant impugns order whereby the application filed by the Appellant as also by Respondent no. 1 under Order 39 Rule 4 of Code of Civil Procedure, 1.....
Tags : Application, Modification, Entitlement
Telangana and AP High Court upholds amendments to mining law(11.09.2015)
The Telangana and Andhra Pradesh High Court rejected petitions that the Mines and Minerals (Development and Regulation) Amendment Act, 2015 was unreas.....
Tags : Mining, application, eligibility, constitutionality
Rejection of second-application for grant of registration under Section 12AA of the IT Act without mentioning substantial reason amounts to miscarriage of justice(20.06.2022)
The assessee is a company incorporated under Section 8 of the Companies Act, 2013, established for various objects set out in the Memorandum of Associ.....
Tags : Application, Registration, Grant
Tax authorities are entitled to grant stay on deposit of amounts lesser than twenty percent of the disputed demand(02.05.2022)
Present writ petition has been filed challenging the orders passed by Respondents No.1 and 2, without considering the submissions made by the Petition.....
Tags : Stay applications, Pre-deposit, Discretion
Juristic person’ has no right to seek information under RTI(13.06.2016)
Companies seeking information under the Right to Information Act, 2005 cannot raise an RTI request under their own name, the Central Information Commi.....
Tags : rti, corporation, citizen, application, legal entity
Application for permission to sue as an indigent person could not be allowed, if the allegations in the plaint could not show any cause of action(02.12.2022)
The original applicants – Plaintiffs have preferred the present appeal feeling aggrieved and dissatisfied with the impugned judgment passed by the Hig.....
Tags : Application, Indigent persons, Rejection
Mere fact that majority debenture holders have not initiated any application under Section 7 of IBC, shall not preclude financial creditor to initiate the same(01.02.2023)
Present Appeal has been filed against the Order by which order, the Adjudicating Authority has admitted Section 7 Application filed by the Financial C.....
Tags : Financial creditor, Application, Allowability
Any amount given in trust to a Corporate Debtor cannot be treated as asset of the Corporate Debtor(21.02.2023)
Present Appeal has been filed against two orders passed by the Adjudicating Authority. The Adjudicating Authority vide order rejected the application .....
Tags : Application, Rejection, Legality
NCLT has discretion to admit an application under Section 7 of IBC on existence of a financial debt, unless there are good reasons to reject it(11.05.2023)
The Respondent-Bank filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) before the National Company Law Tribunal. T.....
Tags : Financial debt, Application, Discretion
Dispute cannot be decided by arbitrator, when Trust Act provides for sufficient remedies to aggrieved persons by giving them right to approach Civil Court(17.08.2016)
In facts of the present case, since parties could not settle disputes/differences and nor could they agree for appointment of arbitrator amicably, Res.....
Tags : Arbitration application, Maintainability, Remedies, Civil Court
Section 12A of IBC does not debar entertaining of applications for withdrawal of CIRP even before constitution of CoC(28.03.2023)
The Appellant, a suspended Director of the Corporate Debtor has filed present appeal assailing the correctness of the order passed by the National Com.....
Tags : Withdrawal, CIRP, Application
When a finding is recorded by the Adjudicating Authority that agreement was entered, there is no question of doubting its genuineness(24.05.2023)
Present appeal has been filed against the order passed by Adjudicating Authority (NCLT Kolkata) by which order Section 7 of the Insolvency & Bankruptc.....
Tags : Default, Application, Rejection
Proceedings under Section 140(5) of Companies Act are maintainable even after the resignation of the auditors(03.05.2023)
In present appeals, common question of law pertaining to the interpretation of Section 140(5) of the Companies Act, 2013 and the Investigation Report .....
Tags : Application, Provisions, Applicability
Acknowledgement of the debt for the purpose of extension of limitation has to be made during the period of three years(26.04.2023)
Present appeal is filed by the Suspended Director of the Corporate Debtor (D.P. Agro Mills Pvt. Ltd) against the order passed by the Adjudicating Auth.....
Tags : Time period, Application, Maintainability
Dismissal of application filed under Section 7, for default committed during the period prescribed under Section 10A, justifiable(03.05.2023)
Present Appeal has been filed against order by which order the Adjudicating Authority has rejected the Section 7 application filed by the Financial Cr.....
Tags : Provision, Application, Maintainability
Litigation in the SARFAESI and DRT does not preclude the Bank to take specific remedy provided under Section 7 of IBC(31.08.2023)
Present Appeal has been filed against the order passed by the Adjudicating Authority (National Company Law Tribunal) Indore Bench, by which Applicatio.....
Tags : Settlement, Application, Provision
What was not decided in appeal by the Division Bench could not be decided by the Division Bench while deciding the review application(12.03.2018)
Present appeals are against the final judgment passed by the High Court whereby the Division Bench of the High Court dismissed the review application .....
Tags : Application, Review, Maintainability
Separate prosecution for offence under Customs Act for smuggling of gold and offence under Section 16 of UAPA maintainable(01.02.2021)
The petitioners have filed this petition under Section 483 of Criminal Procedure Code, 1973 (Cr.P.C.) for quashing of FIR filed under Section 16 of Un.....
Tags : Bail Application, Nature of offence
Civil suit would be triable by the Civil Court; Arbitrator has no jurisdiction to decide the eviction/rent disputes(12.10.2017)
Present appeal is filed by the Defendant against the final judgment passed by the High Court of Delhi at New Delhi whereby the High Court dismissed th.....
Tags : Eviction, Application, Maintainability
Fresh period of limitation shall be computed from the time when the acknowledgment is signed(12.09.2023)
Present appeal under Section 62 of the Insolvency and Bankruptcy Code, 2016, has been filed assailing the correctness of judgment and order of Nationa.....
Tags : Application, Admission, Delay
No retrospective relief for Hindu women in succession(16.10.2015)
In a case where a daughter contested having only a share in the self-acquired property of her father, but not in the entire property, the Supreme Cour.....
Tags : Hindu succession, retrospective, application
If acknowledgement is made before expiry of period of limitation, then a fresh period of limitation shall be computed from time, when acknowledgement was signed(14.02.2020)
Present two Appeals emanates from the common order passed by the Adjudicating Authority/National Company Law Tribunal, whereby the Application filed b.....
Tags : Application, Maintainability, Time Extension
In the absence of a provision of review in the IBC, inherent powers provided under Rule 11 of the NCLAT Rules cannot be invoked for the purpose of filing a Review Application(21.02.2023)
The Appellant/Applicant filed an application under Section 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) against the Respondent for initiation o.....
Tags : Application, Review, Maintainability