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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.

Rejection of Plaint–That if the plaint does not contain necessary averments relating to limitation, the same is liable to be rejected. Rejection of Plaint–While deciding the application, few lines or passage should not be read in isolation and the pleadings have to be read as a whole to ascertain its true import.

     2007(4) LAW HERALD (SC) 3264 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Jusitce Tarun Chatterjee The Hon’ble Mr. Jusitce P. Sathasivam Civil Appeal No. 4626 of…

Sections 33 or 35 are not concerned with any copy of the instrument and party can only be allowed to rely on the document which is an instrument within the meaning of Section 2(14). There is no scope for the inclusion of the copy of the document for the purposes of the Stamp Act. Copy of the instrument cannot be validated by impounding and this cannot be admitted as secondary evidence under the Stamp Act, 1899.

2007(4) LAW HERALD (SC) 3239 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice B.N. Agrawal The Hon’ble Mr. Jusitce P.P. Naolekar The Hon’ble Mr. Justice P. Sathasivam…

Specific Relief Act, 1963 – Section – 16(c) – Specific performance of a contract – Appeal from the judgment of the High Court of Karnataka decreeing the suit filed by the Respondents for specific performance of contract for sale of the suit land executed by the Appellant-Defendant in favour of the Respondents- Plaintiffs

  (2000) 8 JT 13 : (2000) 9 SCC 214 SUPREME COURT OF INDIA BORAMMA — Appellant Vs. KRISHNA GOWDA AND OTHERS — Respondent ( Before : Shivaraj V. Patil,…

The application for condonation of delay was rejected by Single Judge of the High Court. The Supreme Court, however, allowed the application with the direction to deposit the claim amount and case remitted to the High Court. On remand no notice shall be issued to the claimants. The claimants shall appropriate the amount deposited by the appellant

  (2000) ACJ 1037 : (2000) 7 JT 575 : (2000) 9 SCC 218 SUPREME COURT OF INDIA NATIONAL INSURANCE CO. LTD., JODHPUR — Appellant Vs. BHAGU DEVI AND OTHERS…

It is necessary for Courts dealing with application for bail to consider nature of accusation and severity of punishment in case of conviction and nature of supporting evidence, reasonable apprehension of tampering of witness or apprehension of threat to complainant, prima facie satisfaction of Court in support of charge – Any order de hors such reasons suffers from non-application of mind – High Court was not justified in granting bail to Respondent No. 2 – Order granting bail set aside.

  AIR 2009 SC 94 : (2008) 11 JT 372 : (2008) 13 SCALE 460 SUPREME COURT OF INDIA LOKESH SINGH — Appellant Vs. STATE OF U.P. AND ANOTHER —…

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