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Showing posts with label
penalty
.
Show all posts
Showing posts with label
penalty
.
Show all posts
Saturday, 31 May 2025
Basic concepts: What is the difference between penalty and fine?
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Under Indian law, fines and penalties are distinct legal concepts with several key differences in their application, authority, and legal p...
Tuesday, 25 February 2025
Supreme Court: S. 74 Contract Act | Forfeiture Of Earnest Money Permissible If It's Not Excessive Amounting To Penalty
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It can be seen that this Court has held that if the forfeiture of earnest money under a contract is reasonable, then it does not fall withi...
Sunday, 4 July 2021
Whether the Municipal Corporation can impose a penalty for non-payment of toll or octroi without prosecution resulting in a conviction?
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The Division Bench of this Court, while dealing with the provisions of Section 398 of the Bombay Provincial Municipal Corporation Act, 194...
Friday, 18 September 2020
Whether Collector must impose ten times penalty for deficit stamp duty?
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According to Section 40(1)(b) if the Collector is of opinion that such instrument is chargeable with duty and is not duly stamped, he shall ...
Friday, 26 June 2020
Kerala HC: Passport Authorities have no power to impose penalties or fine for violation of passport Act
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1) The poignant question raised is whether an authority under the Passports Act, 1967, has any power to impose penalty/fine invoking t...
Monday, 1 July 2019
Whether plaintiff can get title on government land by adverse possession if he pays penalty in encroachment case?
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The court further observed that plea of adverse possession is not a pure question of law but a blended one of fact and law. Therefore, a p...
Saturday, 30 December 2017
Whether compensation under right to information Act can be granted even if no loss is suffered by applicant?
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I find sufficient force in the submissions made by the learned Government Pleader on the side of the petitioners. Exhibit P2 order has r...
Sunday, 25 December 2016
Whether court can extend time for payment of consideration amount in execution of consent decree?
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In the present case, there was a decree for a sum of Rs.1,04,50,000/-. On the judgment debtor's application, by consent of parties, a...
Sunday, 28 August 2016
What amount is to be deposited while filing municipal appeal under S 406 of BPMC Act?
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With the aforesaid factual backdrop, in the teeth of the above statutory provisions, one cannot dispute that tax, interest and penalty are...
Friday, 22 July 2016
Whether collector should always impose maximum penalty in every case on deficit stamp duty?
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The last issue which we must take notice of is the levy of penalty. While it is true that sub section (4) of section 47-A empowers the Co...
Friday, 13 November 2015
Whether unregistered partition deed can be used for collateral purpose if it is not properly stamped?
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Then the next question that falls for consideration is whether these can be used for any collateral purpose. The larger Bench of Andhra P...
Friday, 10 April 2015
Whether loss to govt can be presumed when there is delay in completion of public project?
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There is no dispute that the appellant failed to execute the work of construction of sewerage pumping station within the stipulated or ...
Whether govt can impose penalty upon contractor without following principles of natural justice?
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Defendant no. 3 passed the order of rescinding the contract, without issuing any show cause notice or holding an enquiry, as required und...
Sunday, 8 March 2015
Whether earnest money can be forfeited even in absence of proof of damage?
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Mr. Palaniswami strenuously contended that as the amount is in the nature of earnest money, it could be forfeited notwithstanding the absen...
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