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.

Accident—Personal Expenses—Where the family of the bachelor is large and dependent on the income of the deceased, his personal and living expenses maybe restricted to one-third, as contribution to the family will be taken as two-third. Accident—Just Compensation—More than claimed—Court is duty bound and entitled to award “just compensation”, irrespective of whether any plea in that behalf was raised by the claimant or not. Accident—Filial Consortium—It is the right of the parents to compensation in the case of an accidental death of a child—An accident leading to the death of a child causes great shock and agony to the parents and family of the deceased. Accident—Interest on Compensation—Deceased was aged 24 years and his income assessed as that of unskilled worker—Compensation awarded with 12% interest p.a. from date of filing claim petition.

2018(4) Law Herald (P&H) 2786 (SC) : 2018 LawHerald.Org 1582 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R. F. Nariman Hon’ble Mrs. Justice InduMalhotra C/V/7 AppeaJ No.…

Landlord & Tenant—Eviction—Change of User—In rent agreement there was no restriction on tenant to run business only relating to the saw mill-­Tenant was given liberty to carry on any other business as well—Tenant changed his business from saw mill to manufacturing of grills—Eviction petition ground of change of user dismissed

2018(4) Law Herald (P&H) 2774 (SC) : 2018 LawHerald.Org 1581 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. NageswaraRao  Hon’ble Mr. Justice Mohan M. Shantanagoudar C/V/7 Appeal…

Consumer Complaint—Arbitration Clause in agreement cannot oust the jurisdiction of consumer courts even after the amendments made in 2015 in Section 8 of Arbitration Act. Arbitration—Amendment of 2015—Scope of—Judicial authority can refuse reference to arbitration only on the ground that it prima facie finds that no valid arbitration agreement exists.

2019(1) Law Herald (SC) 63 : 2018 LawHerald.Org 1961 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Uday Umesh Lalit Hon’ble Mr. Justice Ashok Bhushan Review Petitoin (C)…

You missed