![[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)
Summoning additional accused – HELD As per the settled preposition of law, the powers under Section 319 CrPC can be exercised at any stage before the final conclusion of the trial. – dismissing the application under Section 319 CrPC submitted on behalf of the complainant to summon the private respondents herein as additional accused are unsustainable and deserve to be quashed and set aside and are accordingly quashed and set aside – Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH MANJEET SINGH — Appellant Vs. STATE OF HARYANA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M.R. Shah, JJ. )…
(IPC) – Sections 302, 120B, 147, 148 and 324 – Murder – HELD In the face of appellant’s such identification by name in the testimony of eye witnesses, it can be safely concluded that the failure to conduct the Test Identification Parade (TIP) for the appellant will not vitiate his conviction – Conviction of the appellant u/S 302, 120B, 147, 148 and Section 324 of the Indian Penal Code was upheld – Appeal dismissed.
SUPREME COURT OF INDIA DIVISION BENCH LALA @ ANURAG PRAKASH AASRE — Appellant Vs. THE STATE OF MAHARASHTRA — Respondent ( Before : Sanjay Kishan Kaul and Hrishikesh Roy, JJ.…
Reservation – Employees who are members of the SC/ST/OBC – HELD Person is entitled to claim the benefit of reservation in either of the successor State of Bihar or State of Jharkhand but would not be entitled to claim the privileges and benefits of reservation simultaneously in both the States and if that is permitted, it will defeat the mandate of Articles 341(1) and 342(1) of the Constitution.
SUPREME COURT OF INDIA DIVISION BENCH PANKAJ KUMAR — Appellant Vs. STATE OF JHARKHAND AND OTHERS — Respondent ( Before : Uday Umesh Lalit and Ajay Rastogi, JJ. ) Civil…
(IPC) – S 302 r/with S 34 – Murder – Recovery of weapons – Prosecution has not established either through the report of FSL or otherwise, that the blood stains contained in the knife and lathis were that of the deceased – Conviction and sentence set aside – Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH MADHAV — Appellant Vs. STATE OF MADHYA PRADESH — Respondent ( Before : Indira Banerjee and V. Ramasubramanian, JJ. ) Criminal Appeal No. 852…
Consumer Protection Act, 1986 – Section 24A – Insurance Act, 1938 – Section 64- UM(c) – Fire Insurance Claim – Surveyor report – HELD the reliance placed on the surveyor’s report by the NCDRC without giving credence to the investigation report in the facts and circumstances of the instant case cannot be faulted – Accordingly, the amount as ordered by the NCDRC shall be payable with interest at 9% per annum instead of 12% per annum – Appeal allowed in part.
SUPREME COURT OF INDIA DIVISION BENCH NATIONAL INSURANCE COMPANY LTD. — Appellant Vs. M/S. HARESHWAR ENTERPRISES (P) LTD. AND OTHERS — Respondent ( Before : Hemant Gupta and A.S. Bopanna,…
Rented land – Use of land as club for a pavilion is in interest of section of public – Eviction petition – Maintainability – – Therefore, use of land as club for a pavilion is in interest of section of the public – Thus, land let out to a club which for the purpose of construction and use of pavilion falls within the scope of Section 2(f) of the Act and thus eviction petition is maintainable under the Act – Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH RAJINDER KUMAR BANSAL AND OTHERS — Appellant Vs. MUNICIPAL COMMITTEE AND OTHERS — Respondent ( Before : Hemant Gupta and A.S. Bopanna, JJ. )…
Redemption of Mortgage – Decree of foreclosure passed in the suit filed by the mortgagee will not extinguish the right of the mortgagor to redeem land in view of the fact that he was not impleaded as a party in the suit though he has purchased part of the mortgaged property by virtue of registered sale deed.
SUPREME COURT OF INDIA DIVISION BENCH NARAYAN DEORAO JAVLE (DECEASED) THROUGH LRS — Appellant Vs. KRISHNA AND OTHERS — Respondent ( Before : Hemant Gupta and A.S. Bopanna, JJ. )…
Tender – Supply of E-learning Kits to 22 Zilla Parishad Schools in Maharashtra – Upgradation of software and training could not be performed – Recovery proceedings – Challenged – Appellant shall undertake the upgrading of software as agreed under the contract and also impart training to the teachers
SUPREME COURT OF INDIA DIVISION BENCH MULTITASK SOLUTIONS — Appellant Vs. ZILLA PARISHAD WASHIM AND OTHERS — Respondent ( Before : Hemant Gupta and A.S. Bopanna, JJ. ) Civil Appeal…
Will – Forgery of thumb impressions is nearly impossible – Therefore, adverse conclusion should not be drawn for affixing thumb impression instead of signing documents of property transaction – Genuineness of Cancellation deed cannot be doubted
SUPREME COURT OF INDIA DIVISION BENCH LACHHMI NARAIN SINGH (D) THROUGH LRS AND OTHERS — Appellant Vs. SARJUG SINGH (DEAD) THROUGH LRS. AND OTHERS — Respondent ( Before : Sanjay…
Education Law – Review Petition – Professional MBBS course – Private counselling not permissible in law – Admissions were to be done only through the centralized admission process only – Petition dismissed.
SUPREME COURT OF INDIA FULL BENCH ABDUL AHAD AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and Krishna…