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apex court

This tag is associated with 7 posts

Sec.498 A, 304 B of I.P.C.- A 1-husband acquitted – A 2 sentence was reduced – mitigating circumstances – A1 husband and A2 mother in law – In dying declaration and in her letter , the deceased said that A 1- husband is innocent and further gave credit marks in her letters – Apex court acquitted the husband A1- as far as mother-in-law concerned A2 – she has been demanding for gold chain – Apex court confirmed the one year sentence of imprisonment for sec.498 A and whereas for sec. 304B dispute was taken place on that night between A2 and deceased but not by A1 and so she committed suicide – but not burnt by A 2 – and further more deceased expressed unhappiness in respect of her marriage with A1 which was also one of the cause to commit suicide – Apex court Acquit the A1- husband from sec.304 B and reduced the sentence of A2 from 10 years to 7 years imprisonment and allowed the appeal partly = SATISH CHANDRA & ANR. Vs. STATE OF M.P. 2014 ( May.Part) http://judis.nic.in/supremecourt/filename=41506

Sec.498 A, 304 B of I.P.C.-  A 1-husband acquitted – A 2 sentence was reduced – mitigating circumstances – A1 husband and A2 mother in law – In dying declaration and in her letter , the deceased said that A 1- husband is innocent and further gave credit marks in her letters – Apex court … Continue reading

Sec.5 of Limitation Act – Delay of more than 10 years in filing appeal – No sufficient grounds assigned – simply because in some of the cases filed appeal in time , were given enhanced compensation – there is no obligation on the part of court to condone the delay – Apex court held that the High court correctly dismissed the sec. 5 Limitation petition in filing an appeal = Brijesh Kumar & Ors. … Petitioners Versus State of Haryana & Ors. …Respondents = 2014 ( March. Part ) judis.nic.in/supremecourt/filename=41333

  Sec.5 of Limitation Act – Delay of more than 10 years in filing appeal – No sufficient grounds assigned – simply because  in some of the cases filed appeal in time , were given enhanced compensation – there is no obligation on the part of court to condone the delay – Apex court held that the High court … Continue reading

Whether the Ld.CIT(A) is lawfully justified in law in holding that income from sale of Bonsai plants is agricultural income when no basic agricultural operations are carried out but only subsequent non-basic operations are carried out at the location of the plants where it was grown wild or spontaneously and little operation takes place inside the Farm for a very brief period before the product is saleable without any conjunction with basic operations ( as no basic operation need to be undertaken in this case) clearly violating the settled law of the and as enunciated by the Hon’ble Apex Court in CIT Vs. Raja Binoy Kuniar Sahas Roy [1957] 32 ITR 466.”The bonsai tree is nothing but a product on which primary and basic operation of agriculture is carried insofar as in order to make the biological change in it, it had to make eligible continue to live within a limited area. This clearly indicates that the trees/plant uprooted from soil and taken to farm in pot or polythene bags filled with soil for sale or transportation will not affect or change the nature of agricultural operations. Bonsai plants have been prepared on the land by the assessee and there are several agricultural operations, as explained in brief and observed in the order of the authorities below, that transplanting in a suitable container including pots and kept at the proper place i.e., green house or in the shed and after performing several operations, such as weeding, watering, manuring etc., they are made ready for sale as bonsai plant. It was not necessary to plough the land which is a must for implanting a seed. The very nature of the plant ultimately nurtured, is such that it has to be taken care of independently. Once the plants are able to live or out grow the basic agricultural operation carried out and they are ready for sale insofar as the bonsai is to live the life of the original tree which fetches a value

Reena Panda, Balasore vs Department Of Income Tax on 25 June, 2012 IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK Before : Shri K.K.Gupta, AM, and Shri K.S.S.Prasad Rao, JM ITA No.084/CTK/2012 and C.O.No.18/CTK/2012 (Assessment Year 2008-09) (C.O. filed by the assessee) Income-tax Officer, Ward 1, Versus Smt. Reena Panda, Ichhapur, Balasore. Bhanaga, Balasore … Continue reading

release of crime vehicles = In Sunderbhai Ambalal Desai Vs. State of Gujarat[1] the Apex Court has laid down that in case of vehicles seized during investigation, they should not be allowed to deteriorate by being kept unused and unattended in the premises of the police stations. Therefore, the vehicle has to be entrusted to the interim custody of the petitioner subject to appropriate conditions.

            HON’BLESRI JUSTICE RAJA ELANGO             CRIMINAL PETITION No.10146 OF 2011 ORDER: This Criminal Petition is filed by the petitioner, under Section 482 of Cr.P.C., with a prayer to direct the Station House Officer, Jangaon P.S., Warangal District, to forthwith release Auto bearing registration No.AP 36X 7037 seized in connection with Crime … Continue reading

HOW TO PREPARE SENIORITY LIST – .The law is clear that seniority is an incidence of service and where the service rules prescribe the method of its computation, it is squarely governed by such rules. In the absence of a provision ordinarily the length of service is taken into account

Their lord ships of Apex court of India in the following case discussed the methods of  preparing of seniority list. Case facts in Brief :- in the year 1983, the first batch of the Specialist Medical Officer (SMO) in the Ordnance Factories Organization was recruited in the category of Obstetrics, Gynecology, Medicine and Surgery. The appellant was … Continue reading

HOW TO PREPARE SENIORITY LIST – .The law is clear that seniority is an incidence of service and where the service rules prescribe the method of its computation, it is squarely governed by such rules. In the absence of a provision ordinarily the length of service is taken into account

Their lord ships of Apex court of India in the following case discussed the methods of  preparing of seniority list. Case facts in Brief :- in the year 1983, the first batch of the Specialist Medical Officer (SMO) in the Ordnance Factories Organization was recruited in the category of Obstetrics, Gynecology, Medicine and Surgery. The appellant was … Continue reading

AN ALARM TO THE ADVOCATE.

Generally, on confidence, advocates are conducting cases on behalf of the clients. on so many occasions, the adovates are discharging their duties on oral instructions of their respective clients. now the things have changed . some of the clients are also sending  wrong signals against their  advocates . their lord ships of apex court even though  upheld that … Continue reading

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