Criminal Procedure Code, 1973, Section 436 -- Bail - Bailable offence - Even in a bailable offence, on being summoned, accused must immediately put in appearance and seek bail - Only thereafter accused may seek exemption from personal appearance in case circumstances so warrant...........
Hindu Marriage Act, 1955, Section 14(1) -- Exemption to file divorce petition within 1 year of marriage - Marriage between parties not consummated as parties not lived together - Said act amounts to exceptional hardship to parties as no purpose of any nature will be served by insisting parties to wait for 1 year as required u/s 14(1) of the Act - View of Family Court that..........
Civil Procedure Code, 1908, Section 80(2) -- Notice - Exemption - Suit can be instituted without service of notice with `leave of Court' - Order granting leave should reflect application of mind by the Court to the requirements of the provision...........
Arbitration and Conciliation Act, 1996, Section 37(2)(b), 17 -- Appeal - Interim order - Tender process - Auction bid - Tribunal vide its interim order granted right of first refusal (ROFR) by matching lowest bid to respondent - However, exercise of said right would come into play only if respondent participated in tender process pursuant to notice inviting tenders from..........
Income Tax Act, 1961, Section 194A -- Tax deduction at source - Interest other than `Interest on securities' - Notification issued u/s 194A(3)(iii)(f) extending benefit of exemption to Corporations established by Central, State or Provincial Act - New Okhla Industrial Development Authority constituted by Act of 1976 is covered by notification and hence, entitled to..........
Criminal Procedure Code, 1973, Section 205, 317 -- Exemption from personal appearance - Application filed by accused prior to his appearance in Court - Exemption sought on the ground that distance between residence of accused and place of trial is 1750 kms - A-3 was a business man and A-4 was a student - Sufficient grounds made out for granting exemption from personal..........
Service -- Post of Guest Lecturer - Qualification - National Eligibility Test (NET) qualification is minimum qualification for appointment of Lecturer - Exemption from NET is allowed only to those Ph.D degree holders who have obtained Ph.D degree in accordance with Regulations 2009 of UGC...........
Kerala Private Forests (Vesting and Assignment) Act, 1971, Section 2(f)(1)(i) -- Madras Preservation of Private Forests Act, 1949 - Private forest - Exemption - If disputed land has no characteristics or features of forest, then land will fall under private forest as defined u/s 2(f)(1)(i) of 1971 Act and Act of 1949 is applicable to that land before appointed day and land..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - When Court has applied its judicious mind to exempt accused, his absence cannot be found fault with by the Court...........
Central Excise Act, 1944, Section 5A(1), Additional Duties of Excise (Goods of Special Importance) Act, 1957, Section 3(3), Additional Duties of Excise (Textiles & Textile Articles) Act, 1978, Section 3(3), Finance Act, 2004, Section 91, 92, 93 -- Education cess and secondary and higher education cess - Exemption - Education cess as surcharge is levied @ 2% on duties of..........
