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Search results for indefeasible

Parents can be compelled to provide funds for daughter's education: Supreme Court
2 months, 1 week ago

Parents can be compelled to provide funds for daughter's education: Supreme Court

Hindustan Times  

The Supreme Court recently observed that daughters have an "indefeasible, legally enforceable and legitimate right" to secure educational expenses from their parents. The Supreme Court further observed that the daughter has a fundamental right to pursue her education for which the parents can be compelled to cough up the funds. All that we observe is that the daughter has a …

Education Supreme Court Parents Court Daughter
Parents can be legally compelled to offer education money to daughter: Top court
2 months, 1 week ago

Parents can be legally compelled to offer education money to daughter: Top court

India Today  

Daughter has an indefeasible, legally enforceable and legitimate right to secure educational expenses from her parents, who can be compelled to provide necessary funds within their means, the Supreme Court recently said. The remarks of a bench comprising Justices Surya Kant and Ujjal Bhuyan came in a matrimonial dispute in which the daughter of the estranged couple, who was studying …

Court Daughter
Whether Litigant Has Indefeasible Right To Appear In Person & Plead His Own Case: Punjab & Haryana HC Answers
3 months ago

Whether Litigant Has Indefeasible Right To Appear In Person & Plead His Own Case: Punjab & Haryana HC Answers

Live Law  

The Punjab & Haryana High Court has made it clear that a litigant has no indefeasible right to appear in person. Justice Sumeet Goel said, "There is no right nay indefeasible right vested in a litigant to appear on his/her own before a Court/authority etc. However, the bench said where a litigant, though not formally trained in law, demonstrates a …

Court Litigant Case Right Cbi Goel Person
Supreme Court reserves order on plea against termination of 2 Madhya Pradesh judges
3 months ago

Supreme Court reserves order on plea against termination of 2 Madhya Pradesh judges

India Today  

The Supreme Court on Tuesday reserved its order on the suo motu writ petition registered in connection with the termination of services of six female civil judges by the Madhya Pradesh government, of which two are yet to be reinstated. On the last date of hearing, the top court had slammed the state high court for terminating the services of …

Court Madhya Pradesh Pradesh Judges
CGST Rules Prescribing Time-Bound Submission Of Declaration Under TRAN-1 To Claim Transitional Credit Not Directory But Mandatory: Rajasthan HC
3 months, 1 week ago

CGST Rules Prescribing Time-Bound Submission Of Declaration Under TRAN-1 To Claim Transitional Credit Not Directory But Mandatory: Rajasthan HC

Live Law  

The Rajasthan High Court has held that Rules prescribing the 'time and manner' for claiming transitional credit, in addition to the statutory procedure provided under Section 140 of the Central Goods and Services Tax Act 2017, are mandatory in nature. Petitioner contended that once it fulfilled the statutorily prescribed eligibility conditions enumerated under Section 140, non-compliance with Rule 117 would …

Credit Rules Rule Claim Declaration Prescribed Petitioner
Improper To Say Selection Process Was Vitiated When Paper Wasn't Leaked Or Without Any Deficit In Academic Standard Of Exam: Punjab & Haryana HC
4 months, 1 week ago

Improper To Say Selection Process Was Vitiated When Paper Wasn't Leaked Or Without Any Deficit In Academic Standard Of Exam: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has upheld the recruitment process for 1,091 assistant professors and 67 librarians in Punjab Government colleges. The Court set aside the order of the Single Judge, whereby the selection process was quashed in 2022.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "It was completely inapt for the learned Single Judge to conclude that the. …

Court Recruitment Selection Selection Process Process Punjab Single
No Right To Be Appointed Merely Because Of Placement In Select List; But State Must Justify Non-Filling Of Vacancies: Supreme Court
4 months, 1 week ago

No Right To Be Appointed Merely Because Of Placement In Select List; But State Must Justify Non-Filling Of Vacancies: Supreme Court

Live Law  

The Supreme Court has held that a candidate placed in the select list gets no indefeasible right to be appointed even if vacancies are available. "A candidate placed in the select list gets no indefeasible right to be appointed even if vacancies are available.But there is a caveat. In its conclusion, the Court held : "Placement in the select list …

Supreme Court Court Vacancies Right State List Candidate
'Can't Change Rules Midway': Big Supreme Court Verdict On Recruitment Process For Govt Jobs
4 months, 1 week ago

'Can't Change Rules Midway': Big Supreme Court Verdict On Recruitment Process For Govt Jobs

ABP News  

The top court concluded that the recruitment process begins with calling for applications and ends with filling of vacancies and eligibility rules cannot be changed midway and it can be done only if extant rules prescribe so. Following are the key conclusions by top court: 1) Recruitment process commences from the issuance of the 2) Eligibility criteria for being placed …

Recruitment Vacancies Process Rules State List Select
Different Posts Coincidentally Having Same Pay Scale Does Not Create Indefeasible Right To Pay Parity: Supreme Court
8 months ago

Different Posts Coincidentally Having Same Pay Scale Does Not Create Indefeasible Right To Pay Parity: Supreme Court

Live Law  

The Supreme Court on Monday observed that pay parity cannot be claimed as an indefeasible right unless the competent authority consciously decides to equate two posts despite their different nomenclature or qualifications. Incidental grant of same pay scale to two or more posts, without any express equation amongst such posts, cannot be termed as an anomaly in a pay scale …

Supreme Court Appeal Constitution Court Uttar Pradesh State High
Kavitha seeks ‘default bail’ in CBI case
8 months, 1 week ago

Kavitha seeks ‘default bail’ in CBI case

New Indian Express  

NEW DELHI: BRS leader K Kavitha on Monday submitted a default bail application before the Rouse Avenue Court contending that the Central Bureau of Investigation failed to file a complete chargesheet within the mandated 60-day investigation period in the Delhi excise policy-linked corruption case. Special Judge Kaveri Baweja has directed the central agency to file its response to the plea, …

Bail Cbi Kavitha Chargesheet Default Bail Seeks Default
Why was Sharjeel Imam granted ‘statutory bail’ in a 2020 sedition case? | Explained
9 months, 2 weeks ago

Why was Sharjeel Imam granted ‘statutory bail’ in a 2020 sedition case? | Explained

The Hindu  

The Delhi High Court on May 20 granted statutory bail to JNU scholar and student activist Sharjeel Imam in connection with a 2020 communal riots case involving allegations of sedition. Warning judicial officers that they would be taken off work and sent for training if such continued non-compliance is observed, the Court said, “If such orders are being passed by …

Court Bail Case Statutory 2020 Seven Years Act
Allahabad High Court Grants 'Default Bail' To 11 Alleged AQIS-JMB Operatives Booked Under UAPA
10 months ago

Allahabad High Court Grants 'Default Bail' To 11 Alleged AQIS-JMB Operatives Booked Under UAPA

Live Law  

The Allahabad High Court on Tuesday granted 'default bail' to 11 alleged operatives of AQIS and JMB under Section 167 CrPC while holding the Special Court's orders extending the time to complete the investigation vis-a-vis the accused in the case as 'illegal', as the same was passed in their absence. Stressing the special court's duty to hear the accused persons …

High Court Investigation Bail Application Order Accused Appellants
Mere participation in the selection process does not guarantee an absolute right to appointment ,but a valid reason is required before canceling such a process: Andhra Pradesh High Court
10 months ago

Mere participation in the selection process does not guarantee an absolute right to appointment ,but a valid reason is required before canceling such a process: Andhra Pradesh High Court

Live Law  

A division bench of the Andhra Pradesh High Court comprising of Hon'ble Mr. Justice Dhiraj Singh Thakur, Chief Justice & Hon'ble Mr. Justice R. Raghunandan Rao, while deciding Writ Petitions in the case of Shaik Mahaboob John vs. High Court of Andhra Pradesh, held that merely participating in the selection process does not automatically ensure an absolute entitlement to appointment, …

High Court Selection Process Cancellation Petitioners Valid Reasons
Delhi Court dismisses default bail plea of Unitech's former promoters
11 months ago

Delhi Court dismisses default bail plea of Unitech's former promoters

Hindustan Times  

A Delhi court has dismissed default bail pleas of Unitech's former promoters, Sanjay Chandra and Ajay Chandra, in a money laundering case relating to cheating of multiple homebuyers of several crore rupees. The Enforcement Directorate had recorded the case in 2018 based on over 60 FIRs registered against the accused for various offences, including cheating, criminal conspiracy, taking undue advantage …

Delhi Unitech Delhi Court Default Bail Default Bail Plea
Accused should get reasonable chance to fulfil bail conditions: Orissa HC
1 year, 1 month ago

Accused should get reasonable chance to fulfil bail conditions: Orissa HC

New Indian Express  

CUTTACK: An accused should be given reasonable opportunity to fulfil the bail conditions when no time limit is specified while granting it, the Orissa High Court has held. A single judge bench of Justice V Narasingh gave the ruling in the case of one Bhisma Behera whose bail plea was rejected by the trial court after granting default bail as …

Bail Conditions Bail Conditions Three Days
Legally speaking | Understanding the remission guidelines set out in the Bilkis Bano case by the Supreme Court
1 year, 2 months ago

Legally speaking | Understanding the remission guidelines set out in the Bilkis Bano case by the Supreme Court

Hindustan Times  

On Friday, the Supreme Court refused to extend the deadline of surrender by 11 convicts of the Bilkis Bano gangrape case — a few days previously, the top court came down heavily on the government of Gujarat while quashing the order of remission granted by the state government to the 11 convicts in August 2022. In 2022, the Supreme Court …

Policy Court Gujarat Guidelines Remission Order Case
[NDPS Act] Merely Filing FSL Report With Chargesheet Not Ground To Cancel Default Bail, Special Reasons Must Be Shown: Punjab & Haryana HC
1 year, 6 months ago

[NDPS Act] Merely Filing FSL Report With Chargesheet Not Ground To Cancel Default Bail, Special Reasons Must Be Shown: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has made it clear that the mere filing of an FSL report with the chargesheet in a NDPS case will not be a ground to cancel default bail granted to an accused.Justice Deepak Gupta observed, ".it is made clear that merely filing the FSL report along with the challan in itself will not be …

Court Haryana Case Punjab Filing Kumar Crpc
Daughter In Law Has No Indefeasible Right In Shared Household, In-Laws Cannot Be Excluded: Delhi High Court
1 year, 9 months ago

Daughter In Law Has No Indefeasible Right In Shared Household, In-Laws Cannot Be Excluded: Delhi High Court

Live Law  

The Delhi High Court has ruled that a daughter in law does not have an indefeasible right in a “shared household” and that the in-laws cannot be excluded from the same.“Thus, the concept of ‘shared household’ clearly provides that the right of the daughter-in-law in a shared household is not an indefeasible right and cannot be to the exclusion of …

Law Household Court Delhi High Court Right Live Daughter
[BAIL] Questions & Answers By Justice V. Ramkumar- Default Bail -PART-VI
1 year, 10 months ago

[BAIL] Questions & Answers By Justice V. Ramkumar- Default Bail -PART-VI

Live Law  

Q.26 Whether it is for the Magistrate or for the Special Court to extend the time for filing the charge-sheet for the period from 90 days to 180 days under Section 43 D of the Unlawful Activities Act, 1967? 1021- VRK - J. Q.27 In a case involving a scheduled offence under the UAP Act, on the expiry of 90 …

Application Default Extension 90 Days Default Bail Bail Questions
[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-III
2 years ago

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-III

Live Law  

Q.11 The default period applicable for the offence is 60 days. Q.12 Is not the accused entitled to default bail on the expiry of the period under the proviso to Section 167 Cr.P.C even without a written application for bail? In Hussainara Khatoon v. Home Secretary, State of Bihar AIR 1979 SC 1369 – P. N. Bhagwati, D. A. Desai …

Court Bail Air Application State Accused Sec
Telangana HC rules remission is not an indefeasible right of convicts
2 years, 2 months ago

Telangana HC rules remission is not an indefeasible right of convicts

Deccan Chronicle  

Hyderabad: The Telangana High Court held on Saturday that remission is not an indefeasible right of convicts, and they cannot seek premature release on the sole ground that they have completed 18 years of sentence and 24 years of sentence including remission. GO 30 said that convicted male prisoners sentenced to imprisonment for life and who had undergone an actual …

Court Remission Release Sentence Father Her Father 14 Years
Lowest Bidder Doesn't Enjoy Indefeasible Right To Be Awarded Contract, Can't Approach Court Against Tender Cancellation For Valid Reasons: Kerala HC
2 years, 4 months ago

Lowest Bidder Doesn't Enjoy Indefeasible Right To Be Awarded Contract, Can't Approach Court Against Tender Cancellation For Valid Reasons: Kerala HC

Live Law  

The Kerala High Court on Wednesday held that even if a tender process had been validly initiated, the Municipality is vested with the authority to cancel the said process for valid reasons, and call for fresh tenders. Ravi observed, "When the law does not recognise any indefeasible right in a lowest bidder to be awarded a contract, the petitioners cannot …

Court Process Right Decision Valid Cancel Reasons
Right To Controvert Government Analysts' Report U/S 25 of Drugs & Cosmetics Act Is An Indefeasible Right: Himachal Pradesh High Court
2 years, 5 months ago

Right To Controvert Government Analysts' Report U/S 25 of Drugs & Cosmetics Act Is An Indefeasible Right: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court recently held that a report of the Government Analyst under Section 25 of the Drug and Cosmetics Act is a conclusive evidence of facts unless the person, from whom the sample was taken, notifies within 28 days of receipt of a copy of the report that evidence in controversion will be adduced.Justice Satyen Vaidya held …

Kolkata Drugs Court Right Report Act Himachal Pradesh
S.43D UAPA | Report of Public Prosecutor Contains Details of Investigation, Need Not Be Shared With Accused: Madras High Court
2 years, 5 months ago

S.43D UAPA | Report of Public Prosecutor Contains Details of Investigation, Need Not Be Shared With Accused: Madras High Court

Live Law  

The Madras High Court recently denied bail to two Srilankan nationals, who are accused of attempting to siphon off funds from the bank account of a deceased woman in Mumbai to fund LTTE. The bench of Justice PN Prakash and Justice Teeka Raman denied bail after observing that the indefeasible right for default bail stood extinguished as the National Investigation …

High Court Public Prosecutor Investigation Court Bail Accused Report