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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.

The NGT has already directed the appellant to deposit Rupees one crore and has set up an expert committee to evaluate the impact of the appellant’s project and suggest remedial measures. In view of these circumstances, we uphold the directions of the NGT and direct that the committee continue its evaluation of the appellant’s project so as to bring its environmental impact as close as possible to that contemplated in the EC dated 2 May 2013 and also suggest the compensatory exaction to be imposed on the appellant

SUPREME COURT OF INDIA DIVISION BENCH KEYSTONE REALTORS PVT. LTD. — Appellant Vs. SHRI ANIL V THARTHARE AND OTHERS — Respondent ( Before : Dr Dhananjaya Y Chandrachud and Ajay…

NCLT and NCLAT would have jurisdiction to enquire into questions of fraud, they would not have jurisdiction to adjudicate upon disputes such as those arising under MMDR Act, 1957 and the rules issued thereunder, especially when the disputes revolve around decisions of statutory or quasi-judicial authorities, which can be corrected only by way of judicial review of administrative action.

SUPREME COURT OF INDIA FULL BENCH M/S EMBASSY PROPERTY DEVELOPMENTS PRIVATE LIMITED — Appellant Vs. STATE OF KARNATAKA AND OTHERS — Respondent ( Before : Rohinton Fali Nariman, Aniruddha Bose…

Service Matters

Service Law – Technical Assesment Reports (TAR) – Mandatory requirement for fulfilling the eligibility criteriTAR may be taken into consideration while grading the officer for the purposes of ACR but once the ACR is being taken into consideration then in view of the office memorandum dated 12.05.2011 – TAR is the criteria which could not have been taken into consideration – Appeal dismissed.

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND OTHERS — Appellant Vs. LT.COL. SAMEER SINGH — Respondent ( Before : Deepak Gupta and Aniruddha Bose, JJ. ) Civil…

Electricity Act, 2003 – Sections 62, 65 and 108 – Levy of wheeling charges and grid support charges – Plea of promissory estoppel is not attracted, and there was no unequivocal promise – There was no material change in the facts and circumstances of the case to attract the plea of promissory estoppel based on Government orders

SUPREME COURT OF INDIA FULL BENCH TRANSMISSION CORPORATION OF ANDHRA PRADESH LIMITED — Appellant Vs. M/S RAIN CALCINING LIMITED AND OTHERS — Respondent ( Before : Arun Mishra, M.R. Shah…

Penal Code, 1860 (IPC) – Sections 302 and 149 – Criminal Procedure Code, 1973 (CrPC) – Section 161 – Murder -If the deposition of PW2 and PW3 are not reliable qua one of the accused on the grounds stated hereinabove and one of the accused came to be acquitted by giving benefit of doubt, the same benefit ought to have been given to the other accused also, unless there is some further material/evidence against the other accused.

SUPREME COURT OF INDIA DIVISION BENCH JODHRAJ AND ANOTHER — Appellant Vs. STATE OF RAJASTHAN — Respondent ( Before : Ashok Bhushan and M. R. Shah, JJ. ) Criminal Appeal…

Service Matters

Service Law – Rate of wages – Contract Casual Labourers – Held, The contractor shall not be entitled to 471% ASOR basis with respect to supply of casual labourers as claimed by him – Therefore, it is specifically observed and held that the FCI shall be liable to pay the wages payable to the casual labourers under the subject contract according to the rates specified in the judgment and order dated 14.01.2010 passed by this Court in Civil Appeal Nos. 9472-9473/2003 and not on 471% ASOR basis

SUPREME COURT OF INDIA DIVISION BENCH FOOD CORPORATION OF INDIA — Appellant Vs. PRATAP KUNDU — Respondent ( Before : Ashok Bhushan and M.R. Shah, JJ. ) Civil Appeal No.…

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