Search Results for Tag : statutory

Notifications & Circulars

Enforcement action in respect of statutory auditors of commercial banks(03.06.2019)

RBI vide its Press Release dated June 29, 2018 had put in place an enforcement action framework in respect of statutory auditors for the lapses in the.....

Tags : Statutory auditors, Commercial banks, Enforcement action

Action against statutory auditors of NBFC under Section 45MAA of RBI Act, 1934(12.10.2021)

The Reserve Bank of India (RBI) in exercise of the powers vested under section 45MAA of the Reserve Bank of India Act, 1934, has, by an order dated Se.....

Tags : Statutory auditors, NBFC

RBI prescribes format for SAC to be submitted by NBFCs(23.06.2016)

The Reserve Bank of India introduced a uniform format for the statutory auditor certificate. Non-Banking Financial Corporations will need to fill out .....

Tags : Statutory auditor, certificate, nbfi

International Cases

Carrying out of significant repairs to a vehicle on private property does not entail “use” of vehicle(27.03.2019)

Present appeal is concerned with the interpretation of a policy of motor insurance. The question is whether the policy confers on the insured owner of.....

Tags : Policy, Cover, Statutory requirements

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

Court would lean against a construction of legislation which produces absurd or unworkable results(12.01.2022)

Present appeal concerns the extent of the “right to manage” conferred by Chapter 1 of Part 2 of the Commonhold and Leasehold Reform Act, 2002 (“the 20.....

Tags : Management, Statutory Right, Premises

For a property in a sectional title scheme to be transferred into the name of a purchaser, the body corporate must issue a clearance certificate(02.11.2023)

Present appeal concerns the interpretation of Section 15B(3)(a)(i)(aa) of the Sectional Titles Act, 1986 (the ‘embargo provision’)The appeal is agains.....

Tags : Clearance certificate, Provision, Statutory right

Dismissal of claimant automatically unfair due to non-completion of statutory dismissal procedure(21.02.2017)

Present case deals with claim of unfair dismissal. Issue to be determined by tribunal was whether the claimant was an employee of Respondent. In claim.....

Tags : Dismissal, Statutory Procedure, Compensation

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

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

Tags : EU law, Statutory provisions, Benefits

Judgments

In a tax matter, when a statutory remedy of appeal is available, the High Court should not entertain the writ petition(14.10.2022)

In facts of present case, by an Assessment Order, the Assessing Officer denied the Input rebate under Section 14 of the Madhya Pradesh Value Added Tax.....

Tags : Statutory appeal, Remedy, Availment

Limitation to file an appeal is only upto 45 days out of which the period of fifteen days can be used for the purpose of extension of period of limitation on assigning sufficient cause(12.05.2023)

The present appeal has been filed by 'Cloud9 Apartment Owner Association' who did not file the appeal within the statutory period of 30 days plus 15 d.....

Tags : Statutory period, Delay, Condonation

User development fee is a statutory levy and not subjected to levy of service tax(19.05.2023)

In present appeals, orders of the Customs, Excise and Service Tax Appellate Tribunal (“CESTAT”) are impugned by the service tax authorities (“the reve.....

Tags : UDF, Collection, Statutory levy

When language of statute is plain and unambiguous, it should be given effect to irrespective of its consequences(05.12.2023)

The singular point raised by learned counsel for the Petitioners is that, the decision making process adopted by the Respondents is contrary to the pr.....

Tags : Principles, Natural justice, Statutory mandate

When the statute provides a remedy by way of appeal against the award, the High Court ought not to have entertained the writ petition(04.05.2022)

The original claimant has preferred the present appeal, feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Cou.....

Tags : Award, Statutory remedy

Cooling off period mentioned in Section 13-B(2) of Hindu Marriage Act is not Mandatory(12.09.2017)

Factual matrix giving rise to instant appeal is that marriage between the parties took place on 16th January, 1994. Two children were born in 1995 and.....

Tags : Divorce, Mutual consent, Statutory period, Waiver

Bar Councils and Associations duty bound to provide information(17.03.2016)

Information pertaining to ethical standards of advocates with Bar Councils and Bar Associations cannot be denied upon requests for information as the .....

Tags : rti, bar association, statutory body

Consumer Forum has jurisdiction to adjudicate the legitimacy of statutory dues(16.09.2019)

In present case, the reference arises out of the order passed by a two-Judge Bench of present Court, wherein they expressed doubt as to the correctnes.....

Tags : imposition, Statutory due, Consumer fora, Jurisdiction

News

Delhi HC: High Court Cannot Exercise Power When Remedy of Statutory Appeal Exists(29.07.2020)

Delhi High Court has held that High Court cannot entertain the Petition in its extraordinary power under Section 482 of the Code of Criminal Procedure.....

Tags : Delhi High Court, Statutory Appeal

Orissa HC: Remand Date to be Excluded From Calculation of Statutory Period for Granting Default Bail(26.04.2022)

Orissa High Court has reiterated that while calculating the statutory period for granting default bail under Section 167(2) of the Code of Criminal Pr.....

Tags : Orissa High Court, statutory period, default bail, Section 167(2), Code of Criminal Procedure, 1973, res integra

Orissa HC: Remand Date to be Excluded From Calculation of Statutory Period for Granting Default Bail(26.04.2022)

Orissa High Court has reiterated that while calculating the statutory period for granting default bail under Section 167(2) of the Code of Criminal Pr.....

Tags : Orissa High Court, statutory period, default bail, Section 167(2), Code of Criminal Procedure, 1973, res integra

Karnataka HC: Period Must be Counted for Default Bail U/S 167(2) CrPC if Liberty of Accused Lost(28.04.2022)

Karnataka High Court has reiterated that even when the accused is protected on body warrant, the liberty of the said accused is lost and that period w.....

Tags : Karnataka High Court, Section 167(2), Code of Criminal Procedure, 1973, statutory bail

SC Directs Verification of Workers' Claims as LIC Bound by Constitution(28.04.2022)

Supreme Court has said that the Life Insurance Corporation, as a statutory corporation, is bound by the mandate of Articles 14 and 16 of the Constitut.....

Tags : Supreme Court, Life Insurance Corporation, statutory corporation, Articles 14, Articles 16, 11,000 workers

ITAT, Kolkata: Contributions Made After Statutory Due Date Shall be Allowable as Deduction(22.03.2022)

Income Tax Appellate Tribunal (ITAT), Kolkata has allowed relief to Deloitte Haskins & Sells, holding that the contributions made after the statutory .....

Tags : Income Tax Appellate Tribunal, Contributions Made After Statutory Due Date

ITAT, Bangalore Allows Capital Gain Exemption Since Sale Deed was Registered Within Given Time(18.04.2022)

Income Tax Appellate Tribunal, Bangalore has observed that the date of completion of construction of new property is immaterial to allow exemption und.....

Tags : Income Tax Appellate Tribunal, section 54F, Income Tax Act, 1961, statutory period

Delhi HC: Writ Petition Can be Filed Only When Statutory Remedies are Entirely Exhausted(06.06.2022)

Delhi High Court has held that writ petition can be filed only when statutory remedies are entirely exhausted to meet demands of extraordinary situati.....

Tags : Delhi High Court, Writ Petition, Statutory Remedies

SC: HC Cannot Disregard Statutory Limitation Period to Entertain Writ Petition(08.05.2020)

Supreme Court has observed that a High Court cannot disregard the statutory limitation period to entertain Writ Petition assailing orders passed by st.....

Tags : Supreme Court, Statutory Limitation Period

P&H HC: Party Under Legal Obligation to Opt Where Effective Remedy is Available U/S 41(h) SR Act(06.05.2022)

Punjab and Haryana High Court, while dealing with a revision petition, held that it is well-settled law that under Section 41(h) of the Specific Relie.....

Tags : Punjab and Haryana High Court, Section 41(h), Specific Relief Act, 1963, statutory provisions, efficacious

Madras HC: Convicted Prisoner Has No Fundamental or Statutory Right to be Released Prematurely(12.05.2022)

Madras High Court while considering a petition filed by the mother of a life convict Hariharan challenging the Government order rejecting his prematur.....

Tags : Madras High Court, life convict, statutory right

Delhi HC Issues Notice in Plea Seeking Strict Implementation of Statutory Reservation for Recruitment(25.08.2020)

Delhi High Court has issued notice in a plea seeking a direction to be issued to the Central Government to ensure that central universities are strict.....

Tags : Delhi High Court, Statutory Reservation for Recruitment

Delhi HC: Application for Leave to Serve Interrogatories Need Not be Decided Ex-Parte(07.04.2022)

Delhi High Court has held that no prescription in law, either statutory or precedential, that inhibits from issuing notice under Order XI Rule 1 of Co.....

Tags : Delhi High Court, statutory, precedential, Order XI Rule 1 of Code of Civil Procedure, 1908, prescription in law

Rajasthan HC: Establishment of Toll Plaza Can't be Faulted on of Vicinity to Adjoining Villages(11.04.2022)

Rajasthan High Court has held that in the absence of any statutory prohibitions, establishment of Toll Plaza could not be faulted only because the Tol.....

Tags : Rajasthan High Court, statutory prohibitions, Toll Plaza, dhanis, illegal

Kerala HC: Waiving of Statutory Mandate of Pre-Deposit Merely on Plea of Financial Hardships(12.04.2022)

Kerala High Court has observed that the High Court cannot waive the statutory mandate of pre-deposit merely on the plea of financial hardships.

Tags : Kerala High Court, waive, statutory, pre-deposit, financial hardships

Madras HC to SBC: Verify Advocates' Past Before Allowing Them To Hold Posts In Statutory Committees(22.08.2022)

Madras High Court has directed the State Bar Council (SBC) of Tamil Nadu and Puducherry to verify the antecedents of lawyers before they are permitted.....

Tags : Madras High Court, Fake Lawyer, Statutory Committee

Kar HC: Quo Warranto Writ Can be Issued Only if Appointment Made in Violation of Statutory Provision(24.08.2022)

Karnataka High Court while dismissing petition challenging appointment of the Chairman of Karnataka State Pollution Control Board, has held that a wri.....

Tags : Karnataka High Court, Quo Warranto, Statutory Provision

COMPANY - Statutory Dues of Companies are Operational Debt: NCLAT(22.03.2019)

National Company Law Appellate Tribunal (NCLAT) has held that statutory liability, including income tax and value added tax dues, of debt-ridden compa.....

Tags : NCLAT, Statutory Dues of Companies, Operational Debt

DIRECT TAXATION - Delay in Statutory Audit is Reasonable Cause for Delayed Filing of Tax Audit Report: ITAT(27.03.2019)

Income Tax Appellate Tribunal (ITAT) has held that the delay in completion of statutory audit can be a reasonable cause for delay in filing of the tax.....

Tags : Income Tax Appellate Tribunal, ITAT, statutory audit, tax audit report

Cal. HC: Accused Must Apply For Default Bail On Expiry Of Statutory Detention Period(23.01.2023)

Calcutta High Court has ruled that an accused under detention as per the NDPS Act cannot be released automatically on statutory bail on the expiry of .....

Tags : Calcutta High Court, statutory bail, 180 days.

Bom. HC: Non-Performance of Statutory Duties Won’t Automatically Disqualify Sarpanch(27.02.2023)

Bombay High Court has held that merely because a sarpanch of a village has not performed his statutory duties, he cannot be disqualified from the post.....

Tags : Bombay High Court, Sarpanch, Statutory Duties

Cal. HC: Transporting Goods Without Proper E-Way Bill is Breach(07.03.2023)

Calcutta High Court while observing that transporting of goods in a vehicle without proper E-way bill is a statutory breach, has held that there is no.....

Tags : Calcutta High Court, E-Way Bill, Statutory Breach

Delhi HC Notices AAP Govt Over Plea For Statutory Minimum Wages(13.07.2017)

Delhi High Court sought to know the stand of Arvind Kejriwal led- AAP government on a petition seeking enforcement of statutory minimum wages.

Tags : Delhi High Court, statutory minimum wages

JKL HC: Prosecutor is Independent Statutory Authority; Must Justify Extension of Investigation(10.04.2023)

Jammu and Kashmir and Ladakh High Court while observing that Public Prosecutor is an independent statutory authority, has held that he is expected to .....

Tags : Jammu and Kashmir and Ladakh High Court, Public Prosecutor, Independent Statutory Authority

SC: Penalty U/S 45 of Guj. Sales Tax Act, 1969 is Statutory And Mandatory(19.04.2023)

Supreme Court while observing that penalty under Section 45 of Gujarat Sales Tax Act, 1969 is statutory and mandatory in nature, has held that no disc.....

Tags : Supreme Court, Gujarat Sales Tax Act, Statutory, Mandatory

SC: Election is Purely a Statutory Proceeding(21.08.2023)

Supreme Court has observed that Election contest is not an action at law or a suit in equity but purely a statutory proceeding, provision for which ha.....

Tags : Supreme Court, Election, Statutory Proceeding

SC: In Absence of any Specific Challenge, Statutory Provision Can't Be Declared Ultra Vires(05.09.2023)

Supreme Court has held that it is a trite law that for striking down the provisions of law or for declaring any rules as ultra vires, specific pleadin.....

Tags : Supreme Court, Ultra Vires, Statutory Provision

RBI Announces Timetable Reduction in SLR(11.12.2015)

Reserve Bank of India (RBI) has announced a reduction in share of government securities known as Statutory Liquidity Ratio (SLR) that banks have to ma.....

Tags : Reserve Bank of India, Statutory Liquidity Ratio

Karnataka HC Directs State to Consider Issuing Directions/Advisory to Statutory Authorities(19.08.2021)

Karnataka High Court has directed the state government to consider issuing directions/advisory to all state-owned corporations and statutory authoriti.....

Tags : Karnataka High Court, Directions/Advisory to Statutory Authorities

Supreme Court: Statutory Authorities can Review Orders Only if Concerned Act Provides Such Power(18.10.2019)

Supreme Court has reiterated that the power of review can be exercised by a statutory authority only when the statute provides the same. The Court fur.....

Tags : Supreme Court, Statutory Authorities

SC: Bar of limitation Can’t be Eluded by Taking Recourse of Art. 136 When Statutory Appeal Available(04.01.2024)

Supreme Court while observing that bar of limitation cannot be avoided by taking recourse of proceedings under Article 136 of the Constitution when a .....

Tags : Supreme Court, Limitation, Constitution, Statutory Appeal

SC: Can’t Apply Statutory Set Off or Insolvency Set Off to CIRP Proceedings Under IBC(05.01.2024)

Supreme Court has held that statutory or insolvency set off will not apply to Corporate Insolvency Resolution Process (CIRP) proceedings under IBC and.....

Tags : Supreme Court, Insolvency Set Off, Statutory Set Off

SC: Court’s Interference in Employee’s Transfer Without Violation of Statutory Provision is Impermiss(14.03.2024)

Supreme Court has held that unless the decision of employee’s transfer is vitiated by mala fides or infraction of any professed norm there are no judi.....

Tags : Supreme Court, Statutory Provision, Transfer