![[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)
Appellant is a lady accused, who has already undergone 2 years and 9 months sentence – It appropriate to release the appellant on bail during the pendency of the appeal on the conditions that may be imposed by the learned Trial Court.
SUPREME COURT OF INDIA DIVISION BENCH MENON EKKA @ SMT. MENON UJJANA EKKA — Appellant Vs. UNION OF INDIA — Respondent ( Before : M.R. Shah and Krishna Murari, JJ.…
Land Acquisition Act, 1894 – Ss 11A & 17(3A) – possession is taken after tendering and paying eighty per centum, though there is need to pass an award and requirement is to pay the balance within a reasonable time, the rigour of Section 11A of Act, 1894 will not apply – Acquisition shall not lapse
SUPREME COURT OF INDIA FULL BENCH M/S DELHI AIRTECH SERVICES PVT. LTD AND ANOTHER — Appellant Vs. STATE OF U.P AND ANOTHER — Respondent ( Before : S. Abdul Nazeer,…
Section 36(1)(va) and Section 43B of the Income Tax Act, 1961 – HELD it is an essential condition to claim deduction that such amounts are deducted from employees income regarding ESI PF etc deposited on or before the due date. under Section 43B or anything contained in that provision would not absolve the assessee from its liability to deposit the employee’s contribution on or before the due date as a condition for deduction.
SUPREME COURT OF INDIA FULL BENCH CHECKMATE SERVICES P. LIMITED — Appellant Vs. COMMISSIONER OF INCOME TAX-1 — Respondent ( Before : Uday Umesh Lalit, CJI, S. Ravindra Bhat and…
Whether a stock broker has to obtain a certificate of registration from SEBI for each of the stock exchanges where he operates or whether a single certificate of registration from SEBI is sufficient – contention repelled – HELD the applicant was to be admitted as member of different stock exchanges as per their own bye-laws, rules and regulations
SUPREME COURT OF INDIA DIVISION BENCH SECURITIES AND EXCHANGE BOARD OF INDIA — Appellant Vs. NATIONAL STOCK EXCHANGE MEMBERS ASSOCIATION AND ANOTHER — Respondent ( Before : Ajay Rastogi and…
IBC, 2016 – Section 9 – HELD application filed by the first respondent against the second respondent under Section 9 will stand rejected. In view of the fact that the appellant succeeds on the basis that there is a pre-existing dispute within the meaning of IBC
SUPREME COURT OF INDIA DIVISION BENCH RAJRATAN BABULAL AGARWAL — Appellant Vs. SOLARTEX INDIA PRIVATE LIMITED AND OTHERS — Respondent ( Before : K.M. Joseph and Hrishikesh Roy, JJ. )…
Hijab Ban case – Per Mr. Sudhanshu Dhulia, J If girl wants to wear hijab, even inside her class room, she cannot be stopped, if it is worn as a matter of her choice, as it may be the only way her conservative family will permit her to go to school, and in those cases, her hijab is her ticket to education – Per Mr. Hemant Gupta, J State is within its jurisdiction to direct that the apparent symbols of religious beliefs cannot be carried to school maintained by the State from the State funds – Thus, the practice of wearing hijab could be restricted by the State in terms of the Government Order.
SUPREME COURT OF INDIA DIVISION BENCH AISHAT SHIFA — Appellant Vs. THE STATE OF KARNATAKA AND OTHERS — Respondent ( Before : Hemant Gupta and Sudhanshu Dhulia, JJ. ) Civil…
Service Law – Family pension – Deceased-husband of appellant being a member of the work charged establishment, was not entitled to pension as he could not be treated at par with the regular employees.
SUPREME COURT OF INDIA DIVISION BENCH SUNITA BURMAN — Appellant Vs. THE COMMISSIONER, M.P. HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud…
Period of three months, extended by one more month for legal consultation, is mandatory – Consequence of non-compliance with this mandatory requirement shall not be quashing of the criminal proceeding for that very reason – The competent authority shall be Accountable for the delay and be subject to judicial review and administrative action by the CVC under Section 8(1)(f) of the CVC Act.
SUPREME COURT OF INDIA DIVISION BENCH VIJAY RAJMOHAN — Appellant Vs. STATE REPRESENTED BY THE INSPECTOR OF POLICE, CBI, ACB, CHENNAI, TAMIL NADU — Respondent ( Before : B.R. Gavai…
Contempt of Court – Deliberate and willful disobedience of order – Direction issued to Telangana Power Utilities viz. TS Genco, TS Transco, TSSPDCL and TSNPDCL to pay salary and other service benefits to the petitioners from the day they are relieved by the respective Andhra Pradesh Power Utilities, to be implemented within two weeks.
SUPREME COURT OF INDIA DIVISION BENCH Y. SAI SATYA PRASAD AND OTHERS — Appellant Vs. D. PRABHAKARA RAO AND OTHERS — Respondent ( Before : M.R. Shah and A.S. Bopanna,…
Writ of quo warranto can be issued where an appointment has not been made in accordance with the law
SUPREME COURT OF INDIA DIVISION BENCH STATE OF WEST BENGAL — Appellant Vs. ANINDYA SUNDAR DAS AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and Hima Kohli,…