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IMPORTANT POINTS
(1) Death in motor accident – While calculating compensation, Court should take into consideration not only actual income at the time of death but should also make additions by taking note of future prospects.
(2) Income Tax Return is a statutory document on which reliance be placed, where available, for computation of annual income. ,06 Dec 2022
Supreme Court of India
IMPORTANT POINT
Invalidation of release-deed by Maintenance Tribunal – When a senior citizen parts with his or her property by executing a gift or a release or otherwise in favour of his or her near and dear ones, a condition of looking after senior citizen is not necessarily attached to it. ,06 Dec 2022
Supreme Court of India
IMPORTANT POINT
Termination of lease and possession of land for Metro Rail Project – When appellant is allottee of land in question pursuant to allotment order and is in occupation and possession of allotted land which is being used for a public purpose, appellant cannot be said to be in illegal possession. ,06 Dec 2022
Supreme Court of India
IMPORTANT POINTS
(1) Summoning of additional accused to face trial – Power of court to summon an accused based on evidence as contemplated under Section 319 of Cr.P.C. will have to be invoked and exercised before pronouncement of judgment of acquittal.
(2) Summoning of additional accused to face trial – If decision is for joint trial, fresh trial shall be commenced only after securing presence of summoned accused. ,05 Dec 2022
Supreme Court of India
IMPORTANT POINT
Bail – In a case where ocular evidence will be through official witnesses due to which there can be no apprehension of tampering, intimidating or influencing, bail can be granted to accused. ,05 Dec 2022
Supreme Court of India
IMPORTANT POINT
Absorption of contract labour – There is no provision under Section 10 of CLRA Act that workers/employees employed by contractor automatically become employees of appellant and/or employees of contractor shall be entitled for automatic absorption and/or they become employees of principal employer. ,05 Dec 2022
Supreme Court of India
IMPORTANT POINT
Maintaining predictability in taxation law is of utmost importance – While Department’s hands are tied with regard to its Circulars, no such prohibition operates on Courts and Tribunals. ,05 Dec 2022
Supreme Court of India
IMPORTANT POINT
Rate of sales tax on Industrial Oxygen – Only in a case where oxygen gas is used as “raw material”, same would be taxed at the rate of 2% of sales tax, which otherwise is chargeable @ 3% on sale thereof. ,02 Dec 2022
Supreme Court of India
IMPORTANT POINT
Anticipatory bail – While granting anticipatory bail Court must consider role played by accused in crime. ,02 Dec 2022
Supreme Court of India
IMPORTANT POINT
Lapse of land acquisition proceeding – When acquisition proceedings were subject matter of litigation and because of that authority could not take possession of lands in question and as such not taking over possession cannot be in favour of landowners. ,02 Dec 2022
Supreme Court of India
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