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Articles for Concurrent, search results for court

FAOs And JAOs Have Concurrent Jurisdiction For Assessment, Re-assessment Or Re-Computation U/S 147 Income Tax Act: Madras High Court
4 days, 1 hour ago

FAOs And JAOs Have Concurrent Jurisdiction For Assessment, Re-assessment Or Re-Computation U/S 147 Income Tax Act: Madras High Court

Live Law  

The Madras High Court recently clarified that both the Faceless Assessment Officer and Jurisdictional Assessment Officer have concurrent jurisdiction as far as assessment, re-assessment or re-computation under Section 147 of the Income Tax Act. In such case, the FAO will not have any jurisdiction to make assessment, re-assessment or re-computation…As far as the issuance of notice under Section 148 of …

Jurisdiction Tax Court Assessment Income Notice Act
CPC | Second Appeals Must Strictly Comply With S.100 CPC, No Scope For Equitable Grounds Or Disturbing Concurrent Findings: J&K High Court
1 month ago

CPC | Second Appeals Must Strictly Comply With S.100 CPC, No Scope For Equitable Grounds Or Disturbing Concurrent Findings: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has emphasised that conditions under Section 100 of the Code of Civil Procedure must be strictly fulfilled before a second appeal can be maintained. Pointing out the bare text used in Section 100 CPC Justice Wani remarked, “Thus, what emanates from above position and principles of law is that the existence of …

Appeal Compensation Court Land State High Second
'Not Same Transaction': Delhi High Court Rejects Convict's Plea Seeking Concurrent Running Of Sentences In UAPA Cases
7 months ago

'Not Same Transaction': Delhi High Court Rejects Convict's Plea Seeking Concurrent Running Of Sentences In UAPA Cases

Live Law  

The Delhi High Court yesterday dismissed a plea moved by a convict seeking concurrent running of his jail terms in two UAPA cases, observing that the offences committed by him did not form part of the same transaction. Justice Swarana Kanta Sharma dismissed the plea moved by Mohsin Ibrahim Sayyed who was convicted by NIA courts in Greater Bombay and …

Court Cases Delhi High Court Running Sentence Nia Sayyed
Arbitration Monthly Round-Up -March 2024
9 months, 1 week ago

Arbitration Monthly Round-Up -March 2024

Live Law  

Supreme Court Court May Refuse To Appoint Arbitral Tribunal If S.11 Petition Is Barred By Limitation Or Claim Is Ex-Facie Time Barred : Supreme Court Case Title: M/s Arif Azim Co. Ltd. Without Copy of Challenged Arbitral Award, Impossible To Consider Grounds To Set Aside Award: Delhi High Court Dismisses Section 34 Petition Case Title: Spml Infra Limited vs Ntpc …

India Delhi High Court Arbitration Railways Court International Standards
Arbitration Weekly Round Up: 26th February to 3rd March 2024
10 months ago

Arbitration Weekly Round Up: 26th February to 3rd March 2024

Live Law  

Supreme Court Court May Refuse To Appoint Arbitral Tribunal If S.11 Petition Is Barred By Limitation Or Claim Is Ex-Facie Time Barred : Supreme Court Case Title: M/s Arif Azim Co. Ltd. The Delhi High Court single bench of Justice Sachin Datta held that the court under Section 27 of the Arbitration and Conciliation Act, 1996 cannot determine the admissibility, …

Delhi Russia High Court Arbitration Court Commercial Division Tribunal
Arbitration Monthly Round Up: February 2024
10 months ago

Arbitration Monthly Round Up: February 2024

Live Law  

Supreme Court Case Title: M/s Arif Azim Co. Ltd. Need For Broad Panel To Choose From To Ensure Arbitrator's Independence As Per Clause 64 of GCC: Delhi High Court Case Title: The Braithwaite Burn and Jessop Construction Co Ltd vs Northern Railway The Delhi High Court bench comprising Justice Sachin Datta allowed an application made under Section 14 of the …

India Justice Delhi High Court Arbitration High Courts Court
“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XVI]
1 year, 3 months ago

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-XVI]

Live Law  

The Court having jurisdiction to grant a Succession Certificate is the District Judge within whose territorial limits the deceased ordinarily resided at the time of his death.. In the State of Kerala the State Government, in exercise of their power under Section 388 of the Indian Succession Act issued two notifications on 06-02-1958 which read as follows:- "i) In exercise …

Exercise Kerala Jurisdiction Court Succession Power Judge
Cheque Dishonour - Concurrent Sentencing Rule Only When Cases Arise Out Of Single Transaction: Supreme Court
1 year, 5 months ago

Cheque Dishonour - Concurrent Sentencing Rule Only When Cases Arise Out Of Single Transaction: Supreme Court

Live Law  

The Supreme Court observed that it is only when the conviction in a cheque case arise out of the single transaction, concurrent sentence would be merited. The court noted that, in the instant case, there were several transactions over a period of time pertaining to supply of raw material to the petitioner for which the cheques tendered towards payment, were …

Supreme Court Court Case Sentence Single This Case Transaction
Same Sex Marriage Issue Cannot Be Decided Without Hearing All States And UTs: Centre To Supreme Court
1 year, 8 months ago

Same Sex Marriage Issue Cannot Be Decided Without Hearing All States And UTs: Centre To Supreme Court

Live Law  

Central government has filed a fresh affidavit in the Supreme Court urging it to make all the State governments and Union Territories party to the petitions seeking recognition of same-sex marriage. Centre says that Concurrent list in the Seventh Schedule to the Indian Constitution includes "marriage". Centre claims that any decision on the present issues without making States a party, …

Marriage Supreme Court Constitution Court States Supreme Concurrent List
Prima Facie Infringement Made Out: Bombay High Court Temporarily Restrains Pune's Regal Footwear From Using 'Regal' Trademark
2 years ago

Prima Facie Infringement Made Out: Bombay High Court Temporarily Restrains Pune's Regal Footwear From Using 'Regal' Trademark

Live Law  

The Bombay High Court temporarily restrained Pune’s Regal Footwear from using the mark ‘Regal’ in a trademark infringement suit filed by owners of Mumbai’s Regal Shoes. Justice R. I. Chagla, while deciding a notice of motion in the suit held, “The Plaintiffs case of passing off is made out particularly considering that the rival marks are identical and used for …

Court Footwear Pune Defendant Regal Trademark Infringement Regal Footwear
42nd Constitutional Amendment Poisonous, State Better Equipped To Deal With Matters Of Education: Argument In Madras HC To Move Edu To State List
2 years, 2 months ago

42nd Constitutional Amendment Poisonous, State Better Equipped To Deal With Matters Of Education: Argument In Madras HC To Move Edu To State List

Live Law  

Education should essentially be a State subject as State is better equipped than Centre to determine the needs of the people, Senior Advocate NR Elango argued before the Madras High Court on Monday in favour of a petition challenging Section 57 of the 42nd Constitutional Amendment.The provision transferred the subject of 'Education' from Entry 11 of List II to Entry …

Education Constitution States Union Centre Edu Entry
Video Of Confession Made Before Police Inadmissible In Evidence: Supreme Court Sets Aside Concurrent Conviction In Murder Case
2 years, 3 months ago

Video Of Confession Made Before Police Inadmissible In Evidence: Supreme Court Sets Aside Concurrent Conviction In Murder Case

Live Law  

While setting aside concurrent conviction in a murder case, the Supreme Court observed that videography containing confession made before police is inadmissible as evidence.Statement given by an accused to police under Section 161 of CrPC is not admissible as evidence, the bench comprising CJI Uday Umesh Lalit, Justices S. Ravindra Bhat and Sudhanshu Dhulia observed.In this case, the accused. While …

Video Supreme Court Evidence Court Statements Accused Cji
Supreme Court Quarterly Digests 2022 - CRIMINAL LAW (Jan-March)
2 years, 7 months ago

Supreme Court Quarterly Digests 2022 - CRIMINAL LAW (Jan-March)

Live Law  

Anticipatory Bail - SLP Against Madras HC Judgment dismissing anticipatory bail with some observations about requirement of custodial interrogation- Dismissed - High Court, after having found no case for grant of pre-arrest bail, has otherwise not given any such direction of mandatory nature - Observations are essentially of the reasons assigned by the High Court in declining the prayer of …

Law India Rajasthan Karnataka Tamil Nadu Odisha Delhi
Difference Between 'Seat' & 'Venue' Of Arbitration: Allahabad High Court Explains
2 years, 10 months ago

Difference Between 'Seat' & 'Venue' Of Arbitration: Allahabad High Court Explains

Live Law  

The Allahabad High Court while adjudicating upon a petition filed under Article 227 of the Constitution of India discussed the difference between 'Seat' and 'Venue' of Arbitration in the light of several judicial precedents.Justice Siddharth clarified,"The term "seat" is of utmost importance as it connotes the situs of arbitration. Thus, in the absence of the specified "Seat of Arbitration" in …

Arbitration Jurisdiction Court New Delhi Venue High Proceedings
Writ Court Can't Sit In Appeal Over Departmental Proceedings, Particularly When There Are Concurrent Findings On Charge: Jharkhand HC
2 years, 11 months ago

Writ Court Can't Sit In Appeal Over Departmental Proceedings, Particularly When There Are Concurrent Findings On Charge: Jharkhand HC

Live Law  

The Jharkhand High Court has recently reiterated that the writ court does not sit in appeal against the orders passed in departmental proceedings, particularly when there are concurrent findings concerning the proved charges. Referring to the precedent in Pravin Kumar v. Union of India, Justice Anubha Rawat Choudhary noted,"This Court finds that in the instant case the petitioner has not. …

Court Proceedings Officer Sit This Court Findings Union Of India
[Recruitment Of 1,50,000 Asst. Professor Candidates] Rajasthan HC Dismisses Plea Alleging RPSC Procedure Being In Conflict With The UGC Norms
3 years ago

[Recruitment Of 1,50,000 Asst. Professor Candidates] Rajasthan HC Dismisses Plea Alleging RPSC Procedure Being In Conflict With The UGC Norms

Live Law  

A division bench of Rajasthan High Court, Jodhpur dismissed a plea challenging the RPSC procedure for the selection of Assistant Professors in government colleges for a total number of 918 posts. The court observed that though the procedure that is adopted by the State Government may be somewhat different from what the prescribed UGC Regulations, which is not a case …

Court Candidates Legislation Case State Central Ugc
Section 427 CrPC - Concurrent Running Of Sentences Shall Not Be Allowed In Drug Trafficking Cases : Supreme Court
3 years, 1 month ago

Section 427 CrPC - Concurrent Running Of Sentences Shall Not Be Allowed In Drug Trafficking Cases : Supreme Court

Live Law  

The Supreme Court has reiterated that discretion to direct subsequent sentence to run concurrently with the previous sentence has to be exercised judiciously depending upon the nature of offences committed.A Bench comprising Justice MR Shah and Justice BV Nagarathna observed that in NDPS cases, even while applying discretion under Section 427 of Cr.PC, the discretion shall not be in favour …

Delhi Court Cases Drug Trafficking Discretion Accused Run
Madras High Court Issues Notice On Plea Challenging Constitutional Amendment Transferring 'Education' From State List To Concurrent List
3 years, 3 months ago

Madras High Court Issues Notice On Plea Challenging Constitutional Amendment Transferring 'Education' From State List To Concurrent List

Live Law  

The Madras High Court on Tuesday issued notice to the Central government on a petition that challenged Section 57 of the Constitution vide which the subject 'Education' was transferred from the State list to the Concurrent list. The petitioner had challenged the constitutional validity of Section 57 of the Constitution Act, 1976 vide which Entry 11 of the State List …

Education Constitution States Constitutional State Amendment Plea
Second Appeal- High Courts Can Exercise Limited Factual Review Under Section 103 CPC: Supreme Court
3 years, 4 months ago

Second Appeal- High Courts Can Exercise Limited Factual Review Under Section 103 CPC: Supreme Court

Live Law  

The Supreme Court observed that High Courts are empowered to exercise limited factual review under Section 103 of the Code of Civil Procedure.The bench of Justices L. Nageswara Rao and S. Ravindra Bhat observed that the rule that sans a substantial question of law, the High Courts cannot interfere with findings of the lower Court or concurrent findings of fact, …

Law Supreme Court High Court High Courts Court Courts High
Sentences Can Be Made Concurrent Only If Offences Arise Out Of A Single Transaction : Karnataka High Court
3 years, 9 months ago

Sentences Can Be Made Concurrent Only If Offences Arise Out Of A Single Transaction : Karnataka High Court

Live Law  

The Karnataka High Court has held that only substantive sentences can be made as concurrent if it is of a single transaction. A single bench of Justice H P Sandesh while dismissing a petition said "I would like to make it clear that the default sentences cannot be made as concurrent and the same should run consecutively in respect of …

Supreme Court Court Cases Case Sentence Single Sentences
SC hints at avoiding cases with concurrent decisions
3 years, 11 months ago

SC hints at avoiding cases with concurrent decisions

Hindustan Times  

“Fifty percent of our orders will also be reversed if there were a higher court,” observed the Supreme Court on Monday, suggesting that the top court refrain from intervening in a matter if all subordinate courts concur in their decision. As a matter of principle, said the bench, the apex court should not interfere when there are concurrent findings by …

Court Courts Bench Matter This Court Interfere Kaul
Conviction Can Be Based On Sole Eye Witness Testimony Only If He Is Wholly Reliable, Reiterates SC [Read Judgment]
4 years, 2 months ago

Conviction Can Be Based On Sole Eye Witness Testimony Only If He Is Wholly Reliable, Reiterates SC [Read Judgment]

Live Law  

The Supreme Court has observed that conviction can be based on the testimony of a single eye witness so long he is found to be wholly reliable.The bench comprising Justices Sanjay Kishan Kaul, Aniruddha Bose and Krishna Murari observed thus while setting aside concurrent conviction of murder accused observing that the conduct of the sole testimony of one eye witness …

Court Witness Conviction Bench This Case Testimony Observed
Section 24 Of New Land Acquisition Act 2013
4 years, 8 months ago

Section 24 Of New Land Acquisition Act 2013

Live Law  

Right to Fair Compensation Act 2013 In this article I propose to deal with interpretation of Sec 24 of the Act, with particular emphasis on its impact on pending proceedings. Question 1 Whether the concept of statutory deemed lapsing of Acquisition Proceedings under Sec 24 of the Act 30/2013, which are commenced under Land Acquisition Act of 1894 for non-fulfillment …

Karnataka Compensation Land Acquisition Land Acquisition Act Land Acquisition Treasury
Remedies Available Under Consumer Protection Act And RERA Are Concurrent: Delhi HC [Delhi HC]
5 years, 4 months ago

Remedies Available Under Consumer Protection Act And RERA Are Concurrent: Delhi HC [Delhi HC]

Live Law  

The Delhi High Court on Wednesday reiterated that remedies available to home buyers under the Consumer Protection Act, 1986 and Real Estate Act, 2016 are concurrent.BackgroundIn the petition titled "M/s M3M India Pvt. The Delhi High Court on Wednesday reiterated that remedies available to home buyers under the Consumer Protection Act, 1986 and Real Estate Act, 2016 are concurrent. Findings …

Delhi Judgment Court Consumer Protection Act Home Buyers High Supreme