![[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)
N D P S Act, 1985 – S 58 – Accused not entitled to acquittal just because complainant probed case – There cannot be any general proposition of law to be laid down that in every case where the informant is the investigator, the trial is vitiated and the accused is entitled to acquittal. Mohan Lal vs. State of Punjab, (2018) 17 SCC 627 overruled.
SUPREME COURT OF INDIA CONSTITUTION BENCH MUKESH SINGH — Appellant Vs. STATE (NARCOTIC BRANCH OF DELHI) — Respondent ( Before : Arun Mishra, Indira Banerjee, Vineet Saran, M.R. Shah…
Medical Council of India Regulations, 2000 – Regulation 9 – Power to make any provision for reservation, for in service candidates in Post Graduate Medical Course – Medical Council of India which has been constituted under the provisions of the Indian Medical Council Act, 1956 is the creature of the statute in exercise of powers under Entry 66 List I and has no power to make any provision for reservation
SUPREME COURT OF INDIA CONSTITUTION BENCH TAMIL NADU MEDICAL OFFICERS ASSOCIATION AND OTHERS — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Arun Mishra, Indira…
SCOI Holds Rajasthan Discoms Liable To Pay Compensatory Tariff To Adani Power Rajasthan Ltd HELD “When we consider the documents on record, it is apparent that APRL’s bid was premised only on domestic coal. It was evaluated as such, and the PPA also records the same”,
SUPREME COURT OF INDIA FULL BENCH JAIPUR VIDYUT VITARAN NIGAM LIMITED AND OTHERS — Appellant Vs. ADANI POWER RAJASTHAN LIMITED AND ANOTHER — Respondent ( Before : Arun Mishra, Vineet…
Tweets against CJI – Guilty of contempt – Act committed by the contemnor is a very serious one – The Court do not take cognizance of such conduct it will give a wrong message to the lawyers and litigants throughout the country – However, by showing magnanimity, instead of imposing any severe punishment, The Court is sentencing the contemnor with a nominal fine of Re. 1/ (Rupee one).
SUPREME COURT OF INDIA FULL BENCH IN RE: PRASHANT BHUSHAN AND ANOTHER ( Before : Arun Mishra, B.R. Gavai and Krishna Murari, JJ. ) Suo Motu Contempt Petition (Criminal)…
Drugs and Cosmetics Act, 1940 – Sections 22(1)(d) – An arrest can be made by the Drugs Inspector in regard to cognizable offences falling under Chapter IV of the Act without any warrant and otherwise treating it as a cognizable offence.
SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA — Appellant Vs. ASHOK KUMAR SHARMA AND OTHERS — Respondent ( Before : Sanjay Kishan Kaul and K.M. Joseph, JJ.…
Finance Act, 1994 – Section 65(105)(zzzzj) – Payment of service tax – Business of distributing natural gas – Supply of pipes and measuring equipment – HELD SKID equipment fulfils the description in Section 65(105)(zzzzj) of a taxable service: service in relation “tangible goods” where the recipient of the service has use (without possession or effective control) of the goods – Appeal allowed.
SUPREME COURT OF INDIA FULL BENCH COMMISSIONER OF SERVICE TAX, AHMEDABAD — Appellant Vs. M/S ADANI GAS LIMITED — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Indu Malhotra…
HELD The Registration Certificate of vehicles which do not possess a valid PUC Certificate shall be forthwith suspended and/or cancelled, and penal measures initiated against the owner and/or the person(s) in possession and/or control of the offending vehicle, in accordance with law.
SUPREME COURT OF INDIA DIVISION BENCH STATE OF MADHYA PRADESH — Appellant Vs. CENTRE FOR ENVIRONMENT PROTECTION RESEARCH AND DEVELOPMENT AND OTHERS — Respondent ( Before : Arun Mishra…
(CrPC) – Ss 372 and 377 – (IPC) – Ss 364A and 34 – Kidnapping for ransom – Enhancement of sentence -It is fairly well settled that the remedy of appeal is creature of the Statute. – State Government to prefer appeal for inadequate sentence under Section 377, Cr.PC but similarly no appeal can be maintained by victim under Section 372, Cr.PC on the ground of inadequate sentence.
SUPREME COURT OF INDIA DIVISION BENCH PARVINDER KANSAL — Appellant Vs. THE STATE OF NCT OF DELHI AND ANOTHER — Respondent ( Before : Ashok Bhushan and R. Subhash…
(CrPC) – S 357(3) – Release of compensation – Police officers have illegally detained complainant’s son in connection with a theft case and he was tortured in the police lock up and succumbed to the injuries – Appellant herein who is the father of the victim is relentlessly pursuing the matter from last more than a decade -Instead of ordering release of compensation to the appellant at this stage – It appropriate to request the High Court for expeditious disposal of the Case – Appeal dismissed.
SUPREME COURT OF INDIA DIVISION BENCH DALBIR SINGH — Appellant Vs. STATE OF NCT OF DELHI AND ANOTHER ETC. — Respondent ( Before : Ashok Bhushan and R. Subhash…
IMP : Disaster Management Act, 2005 – Section 71 and 72 – Jurisdiction – Students cannot be promoted without exams – State Governments or State Disaster Management Authority in exercise of power under Disaster Management Act, 2005 has no jurisdiction to take a decision that the students of final year/terminal students should be promoted on the basis of earlier year assessment and internal assessment
SUPREME COURT OF INDIA FULL BENCH PRANEETH K AND OTHERS — Appellant Vs. UNIVERSITY GRANTS COMMISSION (UGC) AND OTHERS — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy…