Maharashtra Control of Organised Crime Act, 1999, Section 9, 23 -- Both the provisions of Ss.9 & 23 to be construed harmoniously...........
Maharashtra Control of Organised Crime Act, 1999, Section 9, 23 -- Jurisdiction - Section 23(2) is a threshold provision having a direct bearing to the jurisdiction of the Special Court to take cognizance u/s 9(1) of MCOCA...........
Maharashtra Control of Organised Crime Act, 1999, Section 9, 23 -- Section 9 of MCOCA cannot be invoked independent of S.23 - Special Court is empowered to take cognizance of an offence under MCOCA even on a private complaint and power vested is controlled by the provisions of Section 23(2) of the Act...........
Maharashtra Control of Organised Crime Act, 1999, Section 23 -- Special Judge is precluded from taking cognizance on a private complaint upon a separate inquiry u/s 156(3) Cr.P.C. - Bar of Section 23(2) continues to remain in respect of complaints, either of a private nature or on a police report...........
Consumer Protection Act, 1986, Section 21(1), 23 -- Medical negligence - Some divergence of opinion as to the proper procedure to be adopted - Held, it cannot be said with certainty that the attending doctor was grossly remiss in going in for a particular line of treatment - Decision of attending doctor was not so palpably erroneous or unacceptable as to doubt it as a case..........
Consumer Protection Act, 1986, Section 21(1), 23 -- Medical negligence - Principles for evaluating medical negligence as a criminal offence and also a tort - Evaluated...........
Consumer Protection Act, 1986, Section 21(1), 23 -- Medical negligence - Too much suspicion about the negligence of attending Doctors and frequent interference by Courts would be a very dangerous proposition...........
Consumer Protection Act, 1986, Section 21(1), 23 -- Medical negligence Onus to prove medical negligence lies largely on the claimant - This onus can be discharged by leading cogent evidence - It is the obligation of the complainant to provide the facta probanda as well as the facta probantia...........
Hindu Succession Act, 1956, Section 23 -- (After amendment) - Daughter - Dwelling house - Partition - After 9.9.2005 any female heir can seek for partition even in respect of a dwelling house - Subsequent event arising out of change in law is to be applied...........
Land Acquisition Act, 1894, Section 23 -- Land acquisition - Compensation - Value of land - Land owners relied on certain sale deeds showing better price - Land owners has not referred to any site plan on record to show exact location of the acquired land and land dealt with in the sale deeds relied upon - Sale deeds of no aid in determining compensation...........
