Latest Post

[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.

Equal pay for equal work–Application of the principle of equal pay for equal work cannot be claimed merely because there was delegation of certain power–Claim of the Respondent for a higher pay scale is on the ground that he was discharging the duties of a higher post, without, giving any factual details–Claim untenable

2009(1) LAW HERALD (SC) 551 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Civil Appeal No. 318…

Additional Evidence—Criminal Appeal—Filing application for additional evidence at appellate stage cannot always be termed as delaying tactics. Additional Evidence—Criminal Appeal—Due to lapse on the part of appellant and his counsel the document which was a photocopy and was centre point of dispute/allegation could not be proved and accused was convicted—In appeal application for placing on record certified copy of said document ought to be allowed by High Court

2019(1) Law Herald (SC) 370 : 2019 LawHerald.Org 545 IN THE SUPREME COURT OF INDIA Before Honrble Mr. Justice Ashok Bhushan Hon’ble Mr. Justice K.M. Joseph Criminal Appeal No.l48of2019 Brig.…

Civil Procedure Code, 1908, S.96-Appeal–Withdrawal of Appeal-­ Dismissal of appeal “as not pressed”–If the appellant is a juristic entity created under the Act, Appellant Court have to ensure strict compliance of the relevant provisions of the Act under which they have are created coupled with ensuring compliance of relevant provisions of the Code of Civil Procedure for forgoing their right to prosecute the appeal on merits

2019(1) Law Herald (SC) 444 : 2018 LawHerald.Org 2128 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Abhay Manohar Sapre Hon’ble Mr. Justice S. Abdul Nazeer Civil Appeal No.…

You missed