Articles for No Provision

Tax Monthly Digest: November 2024
2 weeks, 6 days ago

Tax Monthly Digest: November 2024

Live Law  

SUPREME COURT DRI Officers Can Issue Show-Cause Notices Under Customs Act : Supreme Court Allows Review Against 'Canon India' Judgment Case Details : COMMISSIONER OF CUSTOMS vs. M/S CANON INDIA PRIVATE LIMITED Case no. A division bench of Justices Vibhu Bakhru and Swarana Kanta Sharma ruled, “Assessee's contention that E4e Healthcare is functionally dissimilar to the assessee and therefore, could …

Delhi Supreme Court Writ Petition Writ Jurisdiction Tax Court Uttar Pradesh
Tax Weekly Round-Up: November 11 To November 17, 2024
1 month ago

Tax Weekly Round-Up: November 11 To November 17, 2024

Live Law  

HIGH COURTS Allahabad HC 1. : ITA 1092/2018 The Delhi High Court has held that in order to invoke Section 263 of the Income Tax Act, 1961, the Principal Commissioner must satisfy “twin conditions”, i.e. Assessing Authority Can't Reassess Prior Years Without Inquiry While Determining Relevant Year's Assessment: Kerala High Court Case Title: Kings Infra Ventures Ltd. v. The Assistant …

Delhi Court Customs Income Tax Title Income Tax Act Kerala High Court
When There Is No Appeal Provision Provided By Law, Judgment Made In Appeal Is Non-Est: Kerala High Court
1 month, 1 week ago

When There Is No Appeal Provision Provided By Law, Judgment Made In Appeal Is Non-Est: Kerala High Court

Live Law  

The Kerala High Court stated that when there is no appeal provision given in law, then the judgment made in appeal was non-est in law and could be ignored. The Court was considering the challenge against an order issued by the Sessions Judge, dismissing Magistrate's order when there was no provision provided for appeal. When such a remedy is not …

Appeal Court Order Muslim Act Code Provision
[Confiscation] No Provision For Waiver Of Show Cause Notice U/S 124 Of Customs Act: Delhi High Court
1 month, 1 week ago

[Confiscation] No Provision For Waiver Of Show Cause Notice U/S 124 Of Customs Act: Delhi High Court

Live Law  

The Delhi High Court recently came to the rescue of an OCI cardholder whose luxury watch was confiscated by the Customs Department when she landed at IGI Airport, without issuance of any show cause notice under Section 124 of the Customs Act, 1962. It observed, “The seized goods are required to be returned, if a notice under Section 124 of …

Court Customs Customs Act Show Cause Cause Notice Department
Centre says no provision to declare Wayanad landslides as national disaster
1 month, 1 week ago

Centre says no provision to declare Wayanad landslides as national disaster

New Indian Express  

KOCHI: There is no provision to declare any calamity as ‘national disaster’, the Union government has informed Kerala government in response to its plea to declare the July 30 landslides in Wayanad that left over 400 dead, as one. The Centre’s response drew flak from political parties, with Priyanka Gandhi, the Congress general secretary and the party’s Wayanad Lok Sabha …

Disaster Wayanad Centre Ndrf National Disaster No Provision
Telecom Act has no provision for surveillance: MoS in Rajya Sabha
4 months, 3 weeks ago

Telecom Act has no provision for surveillance: MoS in Rajya Sabha

Hindustan Times  

Minister of state for communications, Pemmasani Chandra Sekhar, on Thursday told the Rajya Sabha that the Telecommunications Act, 2023, does not have any provisions for telecom surveillance. However, experts found this response, made to a question by Trinamool Congress MP Mausam Noor, odd given that Section 20 of the Act, which was brought into force on June 26, provides for …

Communications Act Telecom Surveillance Section 20 No Provision
S.205 CrPC | Court Can Exempt Accused From Personal Appearance Before Grant Of Bail : Supreme Court
7 months, 3 weeks ago

S.205 CrPC | Court Can Exempt Accused From Personal Appearance Before Grant Of Bail : Supreme Court

Live Law  

The Supreme Court on Wednesday observed that even before the grant of bail, the accused can be exempted from showing his personal appearance before the court. “The observation that there is no provision for granting exemption from personal appearance prior to obtaining bail, is not correct, as the power to grant exemption from personal appearance under the. “The observation that …

Personal Supreme Court Bail Accused Appearance Grant Exemption
Fact Check: Viral Video Falsely Claims Indians Can Cast Vote Even If Their Names Are Not On Voting List
8 months, 1 week ago

Fact Check: Viral Video Falsely Claims Indians Can Cast Vote Even If Their Names Are Not On Voting List

ABP News  

The Verdict Indian citizens need to get registered as voters, and their names must appear on the electoral rolls to be able to vote. In the viral video, the woman makes these four claims: If the voter's name is not on the voter list, one can show their Aadhaar card at the polling booth under section 49A and ask for …

India Video Voting Election Indian Names Vote
No Provision Under Arbitration Act To Spilt Parties Or Refer Part Of Subject Matter To Arbitration, Delhi High Court Dismisses S. 8 Petition
8 months, 2 weeks ago

No Provision Under Arbitration Act To Spilt Parties Or Refer Part Of Subject Matter To Arbitration, Delhi High Court Dismisses S. 8 Petition

Live Law  

The Delhi High Court single bench of Justice Jasmeet Singh held that under the Arbitration and Conciliation Act, 1996 there is no provision for splitting of parties and referring part of the subject matter to arbitration. It held that where a suit encompasses matters outside the arbitration agreement and involves parties not party to the said agreement, Section 8 of …

Arbitration Court Parties Delhi High Court Agreement Held High
Muslims being provoked, CAA can't snatch away citizenship, says Amit Shah
10 months, 1 week ago

Muslims being provoked, CAA can't snatch away citizenship, says Amit Shah

Hindustan Times  

New Delhi: The Muslim community is being provoked over the Citizenship Amendment Act, home minister Amit Shah said on Saturday. Amit Shah said there is no provision in the act to snatch away any person's citizenship. READ | Amit Shah accuses Congress of appeasement on UCC, says Nehru-signed agenda ignored The CAA was passed by the Parliament in 2019. At …

India Citizenship Congress Shah Muslim Act Caa
No Provision For Taxing Stock Transfer From One Unit To Another Within State: Allahabad High Court Quashes Penalty Order
1 year, 2 months ago

No Provision For Taxing Stock Transfer From One Unit To Another Within State: Allahabad High Court Quashes Penalty Order

Live Law  

The Allahabad High Court has held that there is no provision for taxing goods being transported from one unit of the assesee to another within the State of Uttar Pradesh. Petitioner's goods were being transported from one unit to another in the State of Uttar Pradesh when they were intercepted and detained as Part-B of the e-way bill was complete. …

Tax Court Uttar Pradesh State Unit Goods Petitioner
Karnataka govt showed ‘haste’ in scrapping 4% Muslim quota: Supreme Court
1 year, 8 months ago

Karnataka govt showed ‘haste’ in scrapping 4% Muslim quota: Supreme Court

Hindustan Times  

The Karnataka government’s decision to scrap the 4% other backward classes quota for Muslims is “prima facie shaky and flawed,” the Supreme Court said on Thursday even as the Basavaraj Bommai-led BJP government undertook that no fresh appointment or admissions will be made in terms of the contentious government order until the court hears the matter next on April 18. …

Karnataka Supreme Court Constitution Court Reservation Order Muslims
Punjab removes women commission chief, says extension of her tenure was 'bonafide mistake'
1 year, 10 months ago

Punjab removes women commission chief, says extension of her tenure was 'bonafide mistake'

India Today  

The Aam Aadmi Party government has removed State Women Commission Chairperson Manisha Gulati by withdrawing a September 2020 letter through which she had been granted an extension of three years. In an order issued on Tuesday, Saroj said that under the Punjab State Commission for Women Act, 2001, there was no provision for extension in the term of a sitting …

Women State Commission Punjab Letter Chairperson Three Years
Delhi High Court Monthly Digest - January 2023 [Citations 1 - 102]
1 year, 10 months ago

Delhi High Court Monthly Digest - January 2023 [Citations 1 - 102]

Live Law  

Citations 2023 LiveLaw 1 to 2023 LiveLaw 102 NOMINAL INDEX GIRISH & ORS v. UNION OF INDIA & ORS 2023 LiveLaw 1 BHAVIKAA KESHWANI & ANR. Ad Industry Thrives On Creativity And Freedom Of Expression, Would Loathe A Govt Dictated Regulation: Delhi High Court Title: DABUR INDIA LIMITED v. THE ADVERTISING STANDARDS COUNCIL OF INDIA Citation: 2023 LiveLaw 18 The …

India Justice Delhi Supreme Court High Court Sexual Assault Money Laundering
No Provision In GST Act for Confiscating Currency From The Premises : Delhi High Court
1 year, 10 months ago

No Provision In GST Act for Confiscating Currency From The Premises : Delhi High Court

Live Law  

The Delhi High Court ruled that there is no provision in the GST Act that would allow for the forcible removal of currency from the premises of any person.The division bench of Justice Vibhu Bakhru and Justice Amit Mahajan has observed that the powers of search and seizure are draconian powers and must be exercised strictly in terms of the …

Delhi High Court Currency Officers Act Gst Petitioner Premises
Court Has No Jurisdiction To Review Order Passed Under Section 11 of A&C Act: Delhi High Court
1 year, 11 months ago

Court Has No Jurisdiction To Review Order Passed Under Section 11 of A&C Act: Delhi High Court

Live Law  

The Delhi High Court has reiterated that orders passed in an application filed under Section 11 of the Arbitration and Conciliation Act, 1996 cannot be reviewed since there is no provision of review contained in the A&C Act. The petitioner- M/s Diamond Entertainment Technologies, filed a review petition against the order of the Delhi High Court passed in an application …

Delhi High Court High Respondent Act Petitioner Section 11 Sarfaesi Act
Recognition Of LoP By Speaker/Chairman Is A Part Of Convention Not Governed By 'UP State Legislature Act': Allahabad High Court
2 years, 2 months ago

Recognition Of LoP By Speaker/Chairman Is A Part Of Convention Not Governed By 'UP State Legislature Act': Allahabad High Court

Live Law  

The Allahabad High Court has held that there is no provision in the Uttar Pradesh State Legislature Act, 1980 which mandates the Speaker/Chairman of the house to recognize the leader of a party having the greatest numerical strength, to be the leader of the opposition.The court further observed that if the Speaker recognizes any person who is the leader of. …

Court Opposition Party Speaker State Strength Leader
No Provision In CPC Which Enables Court To Appoint Guardian For A Missing Party: Delhi High Court
2 years, 3 months ago

No Provision In CPC Which Enables Court To Appoint Guardian For A Missing Party: Delhi High Court

Live Law  

The Delhi High Court has observed that there is no provision in the Code of Civil Procedure which enables the court to appoint a guardian for a party before it which is missing.Justice C Hari Shankar added that Order XXXII Rule 15 of the Code envisages appointment of guardians only to protect the interests of persons who are adjudged to …

Court Missing Delhi High Court Application Order Cpc Guardian
Award Of Demurrage Charges Under Major Ports Act Is Not Valid When Contract Does Not Provide For Such Charges : Calcutta High Court
2 years, 4 months ago

Award Of Demurrage Charges Under Major Ports Act Is Not Valid When Contract Does Not Provide For Such Charges : Calcutta High Court

Live Law  

The High Court of Calcutta held that the arbitral tribunal cannot award demurrage charges on the basis of Major Ports Act, 1963 when the contract between the parties has no provision for such damages. The Court held that the tribunal cannot resort to provisions of Major Ports Act, 1963 for awarding demurrage charges when the agreement contains no such provision …

Contract Court Cargo Charges Volume Agreement Tribunal
Rent Controller Cannot Call Upon Landlord To Carry Out Repairs Of Tenanted Premises Under Delhi Rent Control Act: High Court
2 years, 5 months ago

Rent Controller Cannot Call Upon Landlord To Carry Out Repairs Of Tenanted Premises Under Delhi Rent Control Act: High Court

Live Law  

The Delhi High Court has observed that there is no provision in the Delhi Rent Control Act, 1958 whereby the Rent Controller can call upon the landlord to carry out repairs of the tenanted premises. Justice C Hari Shankar added that the Rent Controller may permit the tenant to carry out repairs under sec. Analyzing the relevant provisions, the Court …

Delhi High Court Court Landlord Tenant Control Sec
Two Parallel Criminal Proceedings From Same Set Of Facts?
2 years, 8 months ago

Two Parallel Criminal Proceedings From Same Set Of Facts?

Live Law  

It is trite law that the same set of facts may lead to simultaneous civil and criminal proceedings. Pursuant to the above, Y and Z approach the Hon'ble High Court u/s 482 of Code of Criminal Procedure, 1973 praying for quashing of FIR and cognizance order on the ground that FIR allegedly discloses offence under section 447 of the Companies …

Delhi Supreme Court Investigation High Courts Criminal Criminal Procedure Trial Court
Power Of The "N.I.A. Special Court" To Tender Pardon To An Accomplice
2 years, 8 months ago

Power Of The "N.I.A. Special Court" To Tender Pardon To An Accomplice

Live Law  

INTRODUCTION India has been the victim of large scale cross-border terrorism B. N.I.A Courts are Courts of Session 2. Thus, in a case where pardon has been tendered by the CJM/MM to an accomplice in a case triable by the Special Court under the P.C Act during the stage of investigation, the police have to file the charge sheet before …

India Kerala High Court Court Criminal Procedure Air State Government
No Provision For Re-Examination For Civil Service Aspirants Failing To Appear In Mains Due To COVID : UPSC Tells Supreme Court
2 years, 9 months ago

No Provision For Re-Examination For Civil Service Aspirants Failing To Appear In Mains Due To COVID : UPSC Tells Supreme Court

Live Law  

Responding to a plea by civil service aspirants seeking extra chance in Mains exam as they could not appear for the same due to COVID-related issues, the Union Public Service Commission's has told the Supreme Court that there is no provision for holding re-examination in case a candidate fails to appear in the examination on the scheduled date for any …

Supreme Court Services Civil Examinations Examination Service Upsc
Restore peace, Karnataka High Court says in hijab case
2 years, 10 months ago

Restore peace, Karnataka High Court says in hijab case

The Hindu  

Indicating that it will pass an interim order, a three-judge Bench of the High Court of Karnataka on Thursday adjourned to February 14 the further hearing on petitions questioning ban on wearing of hijabs by Muslim girl students on college premises. Towards the end of day’s hearing, Chief Justice Ritu Raj Awasthi indicated to the advocates for the petitioner-students and …

Karnataka Students Court Muslim Bench Kamat No Provision