Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
Constitutional judicial review permits challenges to ECIRs and connected money-laundering proceedings where coercive action affects fundamental intere...
High court power / jurisdiction to condone the delay - delay in filing an application seeking special leave to appeal against an acquittal. - After thorough consideration, the High court concluded that there is indeed power to condone the delay in such cases. - The court emphasized the precedential authority of a Supreme Court judgment, stating that it is binding on all courts unless distinguished, overruled, or set aside. The argument that the Supreme Court decision was inadequately considered was rejected. - The court analyzed the provisions of the Criminal Procedure Code and the Limitation Act, particularly regarding their applicability in appeals against acquittal. It concluded that Section 5 of the Limitation Act can be availed in such appeals.
High court power / jurisdiction to condone the delay - delay in filing an application seeking special leave to appeal against an acquittal. - After thorough consideration, the High court concluded that there is indeed power to condone the delay in such cases. - The court emphasized the precedential authority of a Supreme Court judgment, stating that it is binding on all courts unless distinguished, overruled, or set aside. The argument that the Supreme Court decision was inadequately considered was rejected. - The court analyzed the provisions of the Criminal Procedure Code and the Limitation Act, particularly regarding their applicability in appeals against acquittal. It concluded that Section 5 of the Limitation Act can be availed in such appeals.
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