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[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. Criminal Procedure Code, 1973 (CrPC) — Section 432 — Constitution of India, 1950 — Article 72 & 161— Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) — Section 473 & 477 — Premature release of a prisoner — Rejection of recommendation — Non-speaking order — Order rejecting premature release must provide reasons and reflect due application of mind — Absence of reasons renders the order bald and impossible to ascertain if relevant factors were considered — Violates principles of natural justice and frustrates judicial review. [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. Civil Procedure Code, 1908 (CPC) — Order 15 Rule 5 — Striking off defence for non-deposit of rent — This is a drastic consequence and the power to strike off a defence is not to be exercised mechanically — The court must consider whether there has been substantial compliance and whether the default is wilful or contumacious. [ Landlord and Tenant — Eviction Suit — Pleading and Proof Satisfied — In this case, the plaint contained material facts of co-landlord status and eviction grounds — Evidence, including affidavits and documents like share certificates, was provided to support these pleaded facts, fulfilling both pleading and proof requirements.

HELD no factory/classes of factories could be exempted from compliance of the Factories Act, unless an ‘internal disturbance’ causes a grave emergency that threatens the security of the state, so as to constitute a ‘public emergency’ Pandemic is not emergency. Gujarat notification quashed.

  SUPREME COURT OF INDIA FULL BENCH  GUJARAT MAZDOOR SABHA AND ANOTHER — Appellant Vs. THE STATE OF GUJARAT — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Indu Malhotra…

Airfare refund – ticket booked during the lockdown period (from 25th March, 2020 to 24th May, 2020) for travel during lockdown period and the airline received payment for booking of air ticket for travel during lockdown, domestic & international ravel – airline shall refund the full amount without any cancellation charges – Refund within a period of three weeks from the date of cancellation.

  SUPREME COURT OF INDIA FULL BENCH PRAVASI LEGAL CELL AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy…

(IPC) – Sections 302 and 34 – Murder – Common intention – Absence of a positive act of assault was not a necessary ingredient to establish common intention – No further evidence is required with regard to existence of common intention – plea that there is no role or act of assault attributed to him, denying the existence of any common intention for that reason – Appeal dismissed.

  SUPREME COURT OF INDIA FULL BENCH SUBED ALI AND OTHERS — Appellant Vs. THE STATE OF ASSAM — Respondent ( Before : R.F. Nariman, Navin Sinha and Indira Banerjee,…

Transfer of Divorce Petition – Family Court at Delhi and Appellant resides at Indore (MP) – Claim of the petitioner that she is now staying with her parents is not disputed by the respondent – That both the children are staying with the petitioner is also not disputed – Elder child is a girl aged about 11 years and whenever the case is fixed for hearing, the petitioner has to travel about 800 kms – Petition allowed.

  SUPREME COURT OF INDIA SINGLE BENCH  NEETU YADAV — Appellant Vs. SACHIN YADAV — Respondent ( Before : V. Ramasubramanian, J. ) Transfer Petition (Civil) No.455 of 2020 Decided…

(CrPC) – Sections 177 to 184 – Transfer petition – Territorial jurisdiction – Facts to be established by evidence, may relate either to the place of commission of the offence or to other things dealt with by Sections 177 to 184 of the Code – Court cannot order transfer, on the ground of lack of territorial jurisdiction, even before evidence is marshaled – Hence the transfer petitions are liable to be dismissed.

  SUPREME COURT OF INDIA SINGLE BENCH  KAUSHIK CHATTERJEE — Appellant Vs. STATE OF HARYANA AND OTHERS — Respondent ( Before : V. Ramasubramanian, J. ) Transfer Petition (Crl.) No.456…

“….. that there cannot be any inherent right to compassionate appointment, it is a right based on certain criteria, especially to provide succor to a needy family. This has to be in terms of the applicable policy as existing on the date of demise, unless a subsequent policy is made applicable retrospectively.” HELD held that a ‘permanent’ classification does not amount to regularisation.

There cannot be any inherent right to compassionate appointment, the Supreme Court has reiterated in a judgment delivered on Tuesday. The court allowed an appeal filed by the State of…

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