Search Results for Tag : discretionary

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Service Charge for dining in restaurants discretionary: Government(02.01.2017)

In a move, benefitting the consumers, Government has announced, that ‘service charges’, levied by restaurants along with other taxes, are discretionar.....

Tags : Service charge, Restaurant, Discretionary

Judgments

Guidelines cannot be read as mandatory Rules to be adhered to in all circumstances or to take away all discretionary powers of transfer from the competent authorities(21.07.2020)

Present petition has been filed by the Petitioner, who is employed as a Sub-Inspector in CISF, presently at NLC, Barsingsar, Bikaner, for issuance of .....

Tags : Discretionary powers, Transfer, Legality

Court should not interfere with an order of Settlement Commission, passed in exercise of its discretionary powers, unless order contravenes provisions of Act(25.09.2023)

Present appeal has been filed assailing the judgment passed by the High Court whereby the judgment of the learned Single Judge, remanding the matter t.....

Tags : Settlement Commission, Discretionary powers, Supreme Court

Discretionary power of a court to condone delay must be exercised judiciously and it is not to be exercised in cases where there is gross negligence by litigant(08.04.2024)

The Appellant before present Court has challenged the order passed by the High Court, by which the petition filed by the Appellant under Article 227 o.....

Tags : Delay, Condonation, Discretionary power

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

Arbitral process could be interfered under Article 226/227 of the Constitution by the High Court only in exceptional circumstances(06.01.2021)

In facts of present case, on 13th February, 1991, Respondent No. 1 entered into a contract with the Appellant to manufacture and supply bricks. The af.....

Tags : Arbitral process, Discretionary power, Jurisdiction

News

SC: Discretionary Jurisdiction Must Be Exercised On Fair And Just Principles(17.07.2017)

Supreme Court has held that exercise of discretion under Section 427(1) Code of Criminal Procedure, in a given case, mandates that the substantive sen.....

Tags : Supreme Court, Discretionary Jurisdiction

Telangana HC: Power to Grant Stay Under Telangana VAT Act is Discretionary(21.04.2022)

Telangana High Court has observed that the power of the authorities under the Telangana Value Added Tax Act, 2005 is discretionary and the same should.....

Tags : Telangana High Court, Telangana Value Added Tax Act, 2005, discretionary

Allahabad HC: Exercise of Discretionary Power Without Relevant Considerations Under Statute Invalid(08.04.2022)

Allahabad High Court has ruled that if an authority, conferred with discretionary powers by a statute, avoids or does not take into account relevant c.....

Tags : Allahabad High Court, discretionary powers, invalid

ITAT, Mumbai: Circular Due to Difficulties in E-filing Software Can’t be Relied(11.04.2022)

Income Tax Appellate Tribunal, Mumbai has ruled that the private discretionary trust shall be treated as AoP and has rejected the plea of the assessee.....

Tags : Income Tax Appellate Tribunal, AoP, CBDT, software, private discretionary trust

Del HC: Discretionary Power to Grant Bail on Medical Ground Under PMLA Must be Exercised Judiciously(06.06.2023)

Delhi High Court while observing that power to grant bail on medical grounds under PMLA is discretionary in nature, has held that the same must be exe.....

Tags : Delhi High Court, PMLA, Discretionary Power, Bail, Medical Ground

Delhi HC Dismisses Plea Challenging Acquisition Proceedings After 62 Yrs(07.07.2022)

Delhi High Court while dismissing plea challenging acquisition proceedings after 62 years, has held that the self evident delay in approaching the cou.....

Tags : Delhi High Court, Discretionary Relief, Acquisition Proceedings

SC: Power to Pass Judgment on Admissions Cannot be Claimed as a Matter of Right(07.07.2022)

Supreme Court has held that the power to pass judgment on admissions under Order XII Rule 6 of Code of Civil Procedure is discretionary and cannot be .....

Tags : Supreme Court, Discretionary, Order XII Rule 6

Delhi HC: HC Must Respect Use of Discretionary Powers By Trial Court, Can’t Play Role Of Headmaster(09.08.2022)

Delhi High Court has held that high court is required, at all times, to respect the exercise of discretionary powers by the district judiciary and not.....

Tags : Delhi High Court, Discretionary Powers, Headmaster

SC: Discretionary & Extraordinary Power U/Sec 319 CrPC Should be Exercised Sparingly(02.11.2022)

Supreme Court has observed that power under Section 319 CrPC is a discretionary and extraordinary power which should be exercised sparingly and only i.....

Tags : Supreme Court, Discretionary, CrPC