![[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)
Unauthorised Occupation–Provisions of CPC and Evidence Act are not applicable in proceeding under Public Premises (Eviction of unauthorised occupant) Act, 1971, what is necessary is to comply with the principles of natural justice.
2008(1) Law Herald (SC) 128 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Appeal (civil) 5879 of…
Jurisdiction–Supreme Court may decline to exercise its jurisdiction, although it would be lawful to do so. Report of commissioner–Report of commissioner is a part of record and it is to be treated as evidence in the suit.
2008(1) Law Herald (SC) 123 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 5945…
Dowry Death–A pregnant woman ordinarily would not commit suicide unless relationship with her husband comes to such a pass that she would be compelled to do so. Proof of document–A document in terms of Section 65 of Act is to be proved by a person who is acquainted with handwriting of author thereof. Dowry Death–Offence under Section 304B is not compoundable and only because marriage of accused had taken place, same by itself cannot be a ground for rejecting the prosecution story.
2008(1) LAW HERALD (SC) 117 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 1021 of…
Cognizance–Taking of–Bar on–Limitation–Cruelty to wife–The court can invoke Section 473 Cr.P.C. and can take cognizance of an offence after expiry of the period of limitation keeping in view the nature of allegations, the time taken by the police in investigation and the fact that the offence of cruelty is a continuing offence and affects the society at large. Quashment–The High Court should not go into the merits and demerits of the allegations simply because the petitioner alleges malus animus against the author of the FIR or the complainant.
2008(1) Law Herald (SC) 101 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice G.S. Singhvi Criminal Appeal No. 1708 of 2007…
Dishonour of Cheque–Cognizance of offence–Amendment of 2002 to operate retrospectively–Complaint filed in 1998–Insertion of proviso 142(b) by Amendment of 2002 would not be applicable. Dishonour of cheques– Clause (a) of the proviso to Section 138 does not put any embargo upon the payee to successively present a dishonoured cheque during the period of its validity–On each presentation of the cheque and its dishonour, a fresh right- and not a cause of action – accrues in his favour
2008(1) Law Herald (SC) 98 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dr. Arijit Pasayat The Hon’ble Mr. Justice Aftab Alam Appeal (crl.) 1704 of…
Disciplinary Proceedings–Enquiry officer appointed to inquire into the charge leveled against a delinquent employee/officer is neither a court nor the provisions of the Evidence Act are applicable. Disciplinary Proceedings -Natural Justice–Summoning of witnesses–Enquiry officer has discretionary power to summon or not to summon the witnesses.
2008(1) LAW HERALD (SC) 93 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 5608…
Gift–Acceptance of– It is one thing to say that the execution of the deed is based on an aspiration or belief, but it is another thing to say that the same constituted an onerous gift. Gift–Acceptance of — Once a gift is complete, the same cannot be rescinded. For any reason whatsoever, the subsequent conduct of a donee cannot be a ground for rescission of a valid gift. Gift–Acceptance of–Whether an averment made in the deed of gift in regard to handing over of possession is sufficient proof of acceptance thereof by the donee? YES.
2008(1) Law Herald (SC) 87 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 5942…
Accident–Compensation–Term ‘Income’–The amounts, which were required to be paid to the deceased by his employer by way of perks, should be included for computation of his monthly income as that would have been added to his monthly income by way of contribution to the family as contradistinguished to the ones which were for his benefit from the said amount of income, the statutory amount of tax payable thereupon must be deducted.
2008(1) Law Herald (SC) 80 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No.…
Employment of women in any part of premises in which liquor or intoxicating drugs are consumed by the public–Justified.
2008(1) LAW HERALD (SC) 70 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Civil Appeal No. 5657…
Dishonour of Cheque—Offence by Company—If drawer of cheque (company) is not party, complaint qua accused is not maintainable merely because he was signatory of cheque. Dishonour of Cheque—Offence by Company—Complaint against director but company was not impleaded—Company cannot be allowed to be impleaded u/s 319 Cr.P. C—Complaint quashed.
2017(3) Law Herald (SC) 1794 : 2017 LawHerald.Org 1338 IN THE SUPREME COURT OF INDIA Before Hon’bie Mr. Justice J. Chelameswar Hon’ble Mr. Justices. Abdul Nazeer Criminal Appeal No. 1534…