![[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)
Grievous Hurt—Reduction in Sentence- Submission that one appellant is 80 years of age and other appellant is 70 years of age—Occurrence was of year 1992—In the interest of justice imprisonment of two years reduced to period already undergone of about fifteen months
2018(4) Law Herald (SC) 3073 : 2018 LawHerald.org 1782 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mr. Justice Vineet Saran Criminal Appeal No(s). 283…
Criminal Complaint–Preliminary Inquiry under Section 202 Cr.P.C.–Although an accused has no right to participate unless the process is issued, he may remain present either in person or through a counsel or a agent with a view to be informed of what is going on. Cognizable Offence–Information to police–Even in a case where no action is taken by police, the informant’s remedy lies under Section 190 and 200 of the Cr.P.C.
2009(1) LAW HERALD (SC) 219 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Criminal Appeal No. 2054 of 2008…
Appointment of Judge–Once the Government on being satisfied that a suitable candidate who was earlier appointed as an Additional Judge is suitable for appointment as a permanent Judge, the elaborate consultation has not been considered necessary–Chief Justice of High Court not required to consult collegium of High Court.
2009(1) LAW HERALD (SC) 204 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Writ Petition (Civil) No.…
Contempt–When the court either suo motu or on a motion or a reference, decides to take action and initiate proceedings for contempt, it assumes jurisdiction to punish for contempt–The exercise of jurisdiction to punish for contempt commences with the initiation of a proceeding for contempt and if the order is passed not discharging the rule issued in contempt proceedings, it would be an order or decision in exercise of its jurisdiction to punish for contempt–Against such order, appeal would be maintainable.
2009(1) LAW HERALD (SC) 197 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 7317 of 2008…
Dying declaration recorded by Magistrate have greater significance over dying declaration recorded by head constable.
2009(1) LAW HERALD (SC) 192 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Dr. Mukundakam Sharma Criminal Appeal No. 162…
Service Law—Teaching Experience—Study Leave—Period of study leave cannot be counted towards teaching experience
2018(4) Law Herald (SC) 3453 : 2018 LawHerald.Org 1954 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice L. Nageswara Rao Hon’ble Mr. Justice R. Subhash Reddy Civil AppealNos.il…
Service Law—Higher Qualification—Possession of higher qualification does not always mean that candidate has requisite prescribed lower qualification for the post Service Law—Qualification—It is no part of the role or function of judicial review to expand upon the ambit of the prescribed qualifications
2018(4) Law Herald (SC) 3443 : 2018 LawHerald.Org 1953 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice U.U. Lalit Hon’ble Mr. Justice Dr Dhananjaya Y Chandrachud Civil Appeal…
Arbitrator—Appointment of—Challenge to—When an arbitrator was allegedly appointed against the terms of the agreement (arbitration clause) the provisions of 5.11(6) cannot be invoked to challenge such appointment Arbitrator—Appointment of—Amendment of 2015—General conditions of the contract cannot be taken to be the agreement between the parties so as to apply the provisions of the amended Act
2018(4) Law Herald (SC) 3433 : 2018 LawHerald.Org 1952 IN THE SUPREME COURT OF INDIA Before Hon’ble Mrs. Justice R. Banumathi Hon’ble Mrs. Justice Indira Banerjee Civil Appeal Nos. 11824-11825…
Constitution of India, 1950, Art.215 and S. 142-Inherent Powers-Recall of own order-High Court, being superior Court of record, has the jurisdiction to recall their own orders.
2018(4) Law Herald (SC) 3427 : 2018 LawHerald.Org 1951 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R.F. Nariman Hon’ble Mr. Justice M.R. Shah Civil Appeal No. 11822…
Service Law—Continuous Service—Once it is established that the employee had voluntarily abandoned his service, he could not have been in “continuous service” as defined under S.2(oo) of the Act-Industrial Disputes Act, 1947, S.2(oo).
2018(4) Law Herald (SC) 3419 : 2018 LawHerald.Org 1950 IN THE SUPREME COURT OF INDIA Before , Hon’ble Mr. Justice Abhay Manohar Sapre Hon’ble Mrs. Justice Indu Malhotra Civil Appeal…