![[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)
Gift Deed Property – Deficiency in stamp duty on deed – Penalty – Facility to deposit the penalty by post dated cheques cannot be approved and the appellant being subsequent purchaser was liable to deposit the amount of penalty which was outstanding against the property and which was subject matter of the gift deed.
SUPREME COURT OF INDIA FULL BENCH M/S. MSD REAL ESTATE LLP — Appellant Vs. THE COLLECTOR OF STAMPS AND ANOTHER — Respondent ( Before : Ashok Bhushan, R. Subhash…
HELD A lathi is a common item carried by a villager in our country, linked to his identity – The fact that it is also capable of being used as a weapon of assault, does not make it a weapon of assault simpliciter – Coviction altered and sentence already undergone . Appeal allowed.
SUPREME COURT OF INDIA FULL BENCH JUGUT RAM — Appellant Vs. THE STATE OF CHHATTISGARH — Respondent ( Before : R.F. Nariman, Navin Sinha and Indira Banerjee, JJ. )…
IMP : The deceased aged 21 years, a 3rd year student at the National Law University Jodhpur, was the only son of the petitioner. Court set aside the closure report and direct a de novo investigation by a fresh team of investigators to be headed by a senior police officer of the State consisting of efficient personnel well conversant with use of modern investigation technology
SUPREME COURT OF INDIA FULL BENCH NEETU KUMAR NAGAICH — Appellant Vs. THE STATE OF RAJASTHAN AND OTHERS — Respondent ( Before : R.F. Nariman, Navin Sinha and Indira…
Arbitration and Conciliation Act, 1996 – Sections 11, 11(6) and 11(12)(a) – HELD the arbitration clause contained in in the main agreement would govern the parties insofar as the present nature of dispute that has been raised by them with regard to the price etc including recovery as against purchase order arbitration clause
SUPREME COURT OF INDIA FULL BENCH BALASORE ALLOYS LIMITED — Appellant Vs. MEDIMA LLC — Respondent ( Before : S. A. Bobde, CJI. A. S. Bopanna and V. Ramasubramanian,…
Limitation Act, 1963 – Article 137 – Arbitration & C A , 1996 – Ss 47 & 49 – Period of limitation for filing a petition for enforcement of a foreign award under Ss 47 & 49, would be governed by Art 137 of the Limitation Act, 1963, three years when right to sue accrues
SUPREME COURT OF INDIA FULL BENCH GOVERNMENT OF INDIA — Appellant Vs. VEDANTA LIMITED (FORMERLY CAIRN INDIA LTD.), AND OTHERS — Respondent ( Before : S. Abdul Nazeer, Indu…
“In a criminal matter, where the life and liberty of a person is in question, one right of appeal has always been accepted and appropriate steps must be taken to effectuate that right.” The considerations on account of delay and limitation ought not to negate the right of appeal inhering in an accused
IN THE SUPREME COURT OF INDIA INHERENT JURISDICTION REVIEW PETITION (CRL.)NO. OF 2020 (Arising out of Review Petition(Crl.)D.No.4235 of 2020) IN CRIMINAL APPEAL NO. 726 OF 2019…
Hindu Adoptions and Maintenance Act, 1956 – Ss 20 and 23(3) – Maintenance – An unmarried Hindu daughter can claim maintenance from her father till she is married relying on Section 20(3) of the Act, 1956, provided she pleads and proves that she is unable to maintain herself
SUPREME COURT OF INDIA FULL BENCH ABHILASHA — Appellant Vs. PARKASH AND OTHERS — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R. Shah, JJ. ) Criminal…
NDPS – (CrPC) – Ss 313 – Power to examine the accused. – Where accused offers false answers in examination u/S 313 Cr.PC, same also can be used against him. Merely because independent witnesses are not examined, same is no ground to reject the case of the prosecution.
SUPREME COURT OF INDIA FULL BENCH JEET RAM — Appellant Vs. THE NARCOTICS CONTROL BUREAU, CHANDIGARH — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R. Shah,…
NDPS – COVID – Bail granted – HELD “There is no doubt that the rigors of Section 37 would have to be met before the sentence of a convict is suspended and bail granted and mere passage of time cannot be a reason for the same.”
“In our opinion, the stated circumstances may be relevant for grant of bail in matters arising out of conviction under the Indian Penal Code, 1860 etc. but are not…
Advance Tax Ruling System – Aim of any properly framed advance ruling system ought to be a dialogue between taxpayers and revenue authorities to fulfil the mutually beneficial purpose for taxpayers and revenue authorities HELD Swedish model and the New Zealand system may be a possible way forward.
SUPREME COURT OF INDIA DIVISION BENCH NATIONAL CO-OPERATIVE DEVELOPMENT CORPORATION — Appellant Vs. COMMISSIONER OF INCOME TAX, DELHI-V — Respondent ( Before : Sanjay Kishan Kaul and Indu Malhotra,…