![[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)
M.Ed. degree is a postgraduate degree – HELD The issue of equivalence has been rightly considered by the NCTE and while recognising some distinct aspects of two the degrees, it has clearly stated that for the job of Assistant Professors (Education), both are eligible – Appeal allowed.
SUPREME COURT OF INDIA FULL BENCH ANAND YADAV AND OTHERS — Appellant Vs. STATE OF UTTAR PRADESH AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul, Aniruddha Bose and…
Unlawful Activities (Prevention) Act, 1967 – Section 13 – Criminal Procedure Code, 1973 (CrPC) – Section 167(2) – Constitution of India, 1950 – Article 21 – Unlawful activities – Right to default bail was not extinguished by the filing of the charge sheet.
SUPREME COURT OF INDIA FULL BENCH BIKRAMJIT SINGH — Appellant Vs. THE STATE OF PUNJAB — Respondent ( Before : R.F. Nariman, Navin Sinha and K.M. Joseph, JJ. ) Criminal…
Suit for specific performance filed within limitation cannot be dismissed on the sole ground of delay or laches. HELD discretion of the Court whether some additional amount ought or ought not to be paid by the plaintiff once a decree of specific performance is passed in its favour, even at the appellate stage.
SUPREME COURT OF INDIA DIVISION BENCH FERRODOUS ESTATES (PVT.) LIMITED — Appellant Vs. P. GOPIRATHNAM (DEAD) AND OTHERS — Respondent ( Before : R.F. Nariman and Navin Sinha, JJ. )…
Postgraduate Medical/Dental Admissions – NRI quota – Non compulsory – Private colleges and institutions which offer such professional and technical courses, have some elbow room: they can decide whether, and to what extent, they wish to offer NRI or management quotas (the limits of which are again defined by either judicial precedents, enacted law or subordinate legislation)
SUPREME COURT OF INDIA DIVISION BENCH NILAY GUPTA — Appellant Vs. CHAIRMAN NEET PG MEDICAL AND DENTAL ADMISSION/COUNSELLING BOARD 2020 AND PRINCIPAL GOVT. DENTAL COLLEGE AND OTHERS — Respondent (…
To avoid any further controversy, it will be appropriate that the appropriate authority shall communicate to the Seth Group and the Mittal Group within a period of two weeks from today, to provide the documents/undertakings with respect to the lands falling to their respective shares and the Seth Group and Mittal Group shall provide the documents and/or undertakings required
SUPREME COURT OF INDIA DIVISION BENCH ASHISH SETH — Appellant Vs. SUMIT MITTAL AND OTHERS – ALLEGED CONTEMNORS ( Before : Ashok Bhushan and M.R. Shah, JJ. ) Contempt Petition(C)…
(IPC) – Sections 148, 302 and 149 – Murder – If the witnesses are otherwise trustworthy, past enmity by itself will not discredit any testimony. In fact the history of bad blood gives a clear motive for the crime. Therefore this aspect does not in assessment, aid the defence in the present matter.
SUPREME COURT OF INDIA FULL BENCH KARULAL AND OTHERS — Appellant Vs. THE STATE OF MADHYA PRADESH — Respondent ( Before : N.V. Ramana, Surya Kant and Hrishikesh Roy, JJ.…
Sexual Offences – Confidentiality – In these matters utmost confidentiality is required to be maintained – High Court completely erred in appreciating the directions issued by Supreme Court in State of Karnataka by Nonavinakere Police vs. Shivanna alias Tarkari Shivanna, (2014) 8 SCC 913 – Appeal Allowed
SUPREME COURT OF INDIA FULL BENCH MISS’ A — Appellant Vs. STATE OF UTTAR PRADESH AND ANOTHER — Respondent ( Before : Uday Umesh Lalit, Vineet Saran and S. Ravindra…
Ragging – If the law presumes an accused to be innocent till his guilt is proved – Accused as presumably innocent persons, are entitled to all the fundamental rights including the right to liberty guaranteed under Article 21 of the Constitution and are entitled to pursue their course of study so long as exercise of said right does not hamper smooth conduct and progress of the prosecution.
SUPREME COURT OF INDIA FULL BENCH ANKITA KAILASH KHANDELWAL AND OTHERS — Appellant Vs. STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Uday Umesh Lalit, Vineet Saran and…
Respondents have participated in the selection process and upon the declaration of the revised result, it has emerged before the Court that they have failed to obtain marks above the cut-off for the OBC category to which they belong. Appeal allowed.
SUPREME COURT OF INDIA DIVISION BENCH COMMISSIONER OF POLICE AND ANOTHER — Appellant Vs. UMESH KUMAR — Respondent ( Before : Dr. Dhananjaya Y Chandrachud and Indira Banerjee, JJ. )…
Shaheen Bagh Case – Democracy and dissent go hand in hand, but then the demonstrations expressing dissent have to be in designated places alone. HELD it unequivocally clear that public ways and public spaces cannot be occupied in such a manner and that too indefinitely.
SUPREME COURT OF INDIA FULL BENCH AMIT SAHNI — Appellant Vs. COMMISSIONER OF POLICE AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul, Aniruddha Bose and Krishna Murari, JJ.…