![[MPID Act, S. 2(c) & 2(d)] – Amounts advanced with promise of return and interest qualify as “deposit” accepted by “financial establishment” under the Act. – Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 Section 2(c) and Section 2(d) — Deposit and Financial Establishment — Amounts advanced to individuals with promise of repayment with interest constitute a “deposit” under Section 2(c) and the recipients are “financial establishments” under Section 2(d) of the MPID Act, irrespective of the transaction being termed as a “loan” — The nomenclature of the transaction is not determinative; the essential attributes of the transaction are key.](https://i0.wp.com/sclaw.in/wp-content/uploads/2017/04/State-Laws.jpg?resize=150%2C150&ssl=1)
![[Central Sales Tax Act, 1956, S. 3] – No State can levy VAT on inter-State sales; taxation power for inter-State trade vests exclusively with the Union. – Constitution of India, 1950 — Article 269 — Taxes on sale or purchase of goods in the course of inter-State trade or commerce — Levied and collected by Union but assigned to States — Parliament’s power to formulate principles for determining when such sale/purchase takes place — State legislature’s power restricted to intra-State sales.](https://i0.wp.com/sclaw.in/wp-content/uploads/2017/04/Constitution-of-India.jpg?resize=150%2C150&ssl=1)
HELD The observations that “in the peculiar facts of the case and not to be treated as precedent” are to be construed while considering the sale deeds executed post section 4 notification L AC A. Per acre rate increased to Rs 22,00,000 & statutory benefits.
SUPREME COURT OF INDIA DIVISION BENCH JASPAL SINGH AND OTHERS — Appellant Vs. THE STATE OF HARYANA AND OTHERS — Respondent ( Before : M.R. Shah and M.M. Sundresh, JJ.…
Looking to the location and the potentiality of the lands acquired and as the acquired lands were required to be used for Liquified Petroleum Gas Plant, not much development was required HELD the original landowners shall be entitled to Rs. 12,16,800/- per acre towards compensation for the lands acquired against 7,00,000 lakh per acre granted by HC.
SUPREME COURT OF INDIA DIVISION BENCH HARI RAM (DECEASED) THR. HIS LRS. AND ANOTHER — Appellant Vs. LAND ACQUISITION COLLECTOR CUM DISTRICT REVENUE OFFICER GURGAON AND OTHERS — Respondent (…
A and C Act, 1996 – S 11(6) r/w S 11(12) – Sole arbitrator – No legal impediment to the enforceability of the arbitration agreement pending payment of stamp duty on the substantive contract – Retd judge appointed sole arbitrator
SUPREME COURT OF INDIA DIVISION BENCH WEATHERFORD OIL TOOL MIDDLE EAST LIMITED — Appellant Vs. BAKER HUGHES SINGAPORE PTE — Respondent ( Before : Uday Umesh Lalit, CJI. and Bela…
Environment – Establishment of new wood-based industries – Appeals challenges the order passed by NGT HELD Forest Survey of India (FSI), undisputedly an expert body, arrived at its estimation based on the scientific method – NGT could not have sat in appeal over the opinion of the expert. NGT order set aside
SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF UTTAR PRADESH AND OTHERS ETC. ETC. — Appellant Vs. UDAY EDUCATION AND WELFARE TRUST AND ANOTHER ETC. ETC. — Respondent (…
HELD modify the sentence imposed for the offence under Sections 376(2)(i) and 376(2)(m) of IPC and for the offence under Section 5 (i) and 5 (m) read with Section 6 of the POCSO Act, so as to commensurate the said sentences with the sentence imposed for the offence under Section 376(A) of IPC, and accordingly imposes sentence directing the appellant/petitioner to undergo imprisonment for a period of twenty years instead of life imprisonment for the said offences.
SUPREME COURT OF INDIA FULL BENCH MOHD. FIROZ — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Uday Umesh Lalit, CJI, S. Ravindra Bhat and Bela M.…
Held Trial court directions restored whereby temporary injunction granted – defendants to maintain status quo with respect to the Will property till final disposal of the suit and, the defendants would furnish the details and account of the movable property of the deceased-Ishwarbhai Madhavbhai Patel from the date of his death within 30 days from the date of the order – Suit be expedited
SUPREME COURT OF INDIA DIVISION BENCH HARISH ISHWARBHAI PATEL — Appellant Vs. JATIN ISHWARBHAI PATEL AND OTHERS — Respondent ( Before : Aniruddha Bose and Vikram Nath, JJ. ) Civil…
West Bengal Teacher Recruitment Scam – CBI Investigation – Plea to stay – Declined – Order passed directing cancellation of 269 candidates by the Single Judge and the part of the order of the Division Bench confirming that order shall stand stayed and remain in abeyance.
SUPREME COURT OF INDIA DIVISION BENCH DR. MANIK BHATTACHARYA — Appellant Vs. RAMESH MALIK AND OTHERS — Respondent ( Before : Aniruddha Bose and Vikram Nath, JJ. ) SLP (Civil)…
Motor Vehicles Act, 1988 – Section 168 – Just Compensation – Section 168 of the Act deals with the concept of “just compensation” and the same has to be determined on the foundation of fairness, reasonableness and equitability on acceptable legal standard – claimants cannot expect a wind fall but compensation so granted cannot be PITTANCE
SUPREME COURT OF INDIA DIVISION BENCH RAJ BALA AND OTHERS — Appellant Vs. RAKEJA BEGAM AND OTHERS — Respondent ( Before : B.R. Gavai and C.T. Ravikumar, JJ. ) Civil…
Section 64 of the Electricity Act, 2003, – HELD that it is not permissible to amend the tariff order made under Section 64 of the 2003 Act during the ‘truing up’ exercise.”
“In our opinion, ‘truing up’ stage is not an opportunity for the DERC to rethink de novo on the basic principles, premises and issues involved in the initial projections of…
HELD the Constitution (97th Amendment) Act, 2011 would not be applicable to the local co-operative societies, whereas the same would be applicable to the multi-State co-operative societies and the societies within the Union territories”,
The entire legislative scheme goes to show that the Co-operative Society is to function democratically and the internal democracy of a society, including resolutions passed in accordance with the Act,…