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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.

High Court gave finding that the Rent Appellate Tribunal allowed the appellant’s (landlady’s) appeal with a casual approach and failed to record any categorical finding on the plea of bona fide need—However, High Court neither remanded the case nor decided the appeal on merits—This approach of the High Court caused prejudice to the appellant (landlady) because there was no factual finding recorded either by the first appellate Court or the High Court on the question of bona fide need—Matter remanded back to Rent Appellate Tribunal

2018(4) Law Herald (SC) 3230 : 2018 LawHerald.org 1797 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mrs. Justice Indu Malhotra Civil Appeal No.…

Quashing—Remand of Case—High Court dismissed the petition for quashing without referring to facts of the case with a view to appreciate factual controversy and to appreciates why such grounds are not made out under S.482 Cr.P.C-Matter remanded hack to High Court to be decided afresh—Impugned order set aside

2018(4) Law Herald (SC) 3228 : 2018 LawHerald.Org 1934 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Indu Malhotra Criminal Appeal No.…

Execution of decree—Objections—Revisionary Court is under legal obligation to decide the legality and correctness of the findings recorded by the executing court on its merits rather than remanding it to executing court Execution of Decree—Objections—Revision—Additional evidence by way of documents not to be placed in revision against dismissal of objections by executing court

2018(4) Law Herald (SC) 3205 : 2018 LawHerald.Org 1930 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mr. Justice Mohan M. Shantanagoudar Civil Appeal…

Auction Sale—Deposit of Bid amount—An amount of bid in which the decree holder is a purchaser can be set off—In present case, respondent-corporation is not only auction purchaser but also decree holder, there is no question of deposit of the auction amount as there was no other prospective buyer to offence bid.      

2018(4) Law Herald (SC) 3195 : 2018 LawHerald.Org 1928 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Civil Appeal No. 9651…

Murder–Dying Declaration—Acquittal- -Inconsistencies between dying declarations as recorded by Doctor and as recorded by Executive Magistrate (Tehsildar)–High Court acquitted accused by extending benefit of doubt—Held; when there are two reasonable views and the High Court adopted on possible view then no interference is called for in appeal

2018(4) Law Herald (SC) 3164 : 2018 LawHerald.Org 1924 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Bhanumathi  Hon’ble Mr. Justice Vineet Saran Criminal Appeal No. 1791…

A proper administration of the criminal justice delivery system, therefore requires balancing the rights of the accused and the prosecution, so that the law laid down in Mohan Lal AIR 2018 SC 3853. is not allowed to become a spring board for acquittal in prosecutions prior to the same, irrespective of all other considerations. We therefore hold that all pending criminal prosecutions, trials and appeals prior to the law laid down in Mohan Lal AIR 2018 SC 3853. shall continue to be governed by the individual facts of the case

SUPREME COURT OF INDIA FULL BENCH VARINDER KUMAR — Appellant Vs. STATE OF HIMACHAL PRADESH — Respondent ( Before : Ranjan Gogoi, CJI, Navin Sinha and K.M. Joseph, JJ. )…

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