![[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)
Negotiable Instruments Act, 1881, S.138 and S.139—Dishonour of Cheque- -Presumption of Debt—Heavy burden not to be placed on complainant to prove the debt.
2019(3) Law Herald (SC) 1829 : 2019 LawHerald.Org 1234 IN THE SUPREME COURT OF INDIA Before Hon ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice Hemant Gupta CriminaZ Appeal…
Dowry Death—Cruelty not related to dowry cannot be basis for conviction under S.304-B IPC
2019(3) Law Herald (SC) 1813 : 2019 LawHerald.Org 1223 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Sanjay Kishan Kaul Hon’ble Mr. Justice K.M. Joseph Criminal Appeal No.…
Summoning as Additional Accused—Murder—Contradictory statements of witnesses about the presence of respondent—Courts rightly refuse to summon respondent as an additional accused
2019(3) Law Herald (SC) 1807 : 2019 LawHerald.Org 1222 IN THE SUPREME COURT OF INDIA Before Hontile Mrs. Justice R. Banumathi Honble Mr. Justice A.S. Bopanna Criminal Appeal No. 1105…
Quashing—Compounding of non-compoundable Offences—Not appropriate to order compounding of non-compoundable offence on basis of compromise between the parties—However, factum of compromise is relevant consideration for deciding the quantum of sentence
2019(3) Law Herald (SC) 1800 : 2019 LawHerald.Org 1220 IN THE SUPREME COURT OF INDIA Before Honble Mrs. Justice R. Banumathi Hon’ble Mr. Justice A.S. Bopanna Criminal Appeal No(S). 1090…
Cruelty to Wife—Dowry Demand—There was no demand of dowry soon before the death—Prosecution proved dowry demand by the Appellant immediately after the marriage—Accused acquitted
2019(3) Law Herald (SC) 1796 : 2019 LawHerald.Org 1219 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice Hemant Gupta Criminal Appeal No.…
Pre-Conception and Pre Natal Diagnostic Techniques (Prohibitions of Sex Selections Act, 1994, S.28–Cognizance of Offence—Inspection of Ultra Sound clinic—Inspection carried by Executive Magistrate/ Tehsildar being nominee of District Magistrate is legal and valid for the purpose of the Act
2019(3) Law Herald (SC) 1793 : 2019 LawHerald.Org 1218 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon ble Mr. Justice A.S. Bopanna Criminal Appeal No(S).…
Bail—Re-Arrest—Addition of Offences—In a case where an accused has already been granted bail, the investigating authority on addition of an offence or offences may not proceed to arrest the accused, but for arresting the accused on such addition of offence or offences it need to obtain an order to arrest the accused from the Court which had granted the bail
2019(3) Law Herald (SC) 1765 : 2019 LawHerald.Org 1217 IN THE SUPREME COURT OF INDIA Before Honble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K.M. Joseph Criminal Appeal Nos. 816-817…
Abetment of Suicide—Eve Teasing—Tarnishing of self respect of victim–If the accused by his acts and by his continuous course of conduct creates a situation which leads the deceased perceiving no other option except to commit suicide, the case may fall within the four-corners of Section 306 IPC
2019(3) Law Herald (SC) 1745 : 2019 LawHerald.Org 1216 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Dinesh Maheshwari Criminal Appeal No.…
The Supreme Court today held that when the case of the prosecution is on the basis that the role of accused is that of conspirators but there is a failure to prove the charge of conspiracy, the appellants could not be convicted for the offence under Section 302 IPC. Such conviction will have caused not only prejudice but also a failure of justice.
Is omission to frame charge for offence under Section 302 IPC a curable irregularity? SC answers Murali Krishnan August 22 2019 The Supreme Court today held that when the case of the prosecution is on…
“Where the promise to marry is false and the intention of the maker at the time of making the promise itself was not to abide by it but to deceive the woman to convince her to engage in sexual relations, there is a “misconception of fact” that vitiates the woman’s “consent”, U/ s 375 IPC. On the other hand, a breach of a promise cannot be said to be a false promise.
When would sexual relations induced on a broken promise of marriage amount to Rape? To establish a false promise, the maker of the promise should have had no intention of upholding his word at the…