Motor Vehicles Act, 1988, Section 166, Maharashtra Court Fees Act, 1959, Section 7(2) -- Accident - Compensation - Claim petition - Court fee - Option is provided to appellant before Court to restrict his/her claim for purpose of deposit of Court fee and in case compensation is enhanced, deficit can be made good later on, after appeal is finally decided as per S.7(2)(ii)..........
Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, Section 4 -- Acquisition of land - There was an invisible power acting behind the Society and the SRA is further evident from the fact that in some of its initial filings for the acquisition proposal - The High Court has also recognized such fraudulent acts of the developer painting a stark..........
Bombay, Maharashtra Stamp Act, 1958, Section 53A -- Limitation - Recovery of the deficit duty is passed on 14 August 2012 which is beyond the period of 6 years and therefore, the impugned orders are beyond the limitation period provided under Section 53A(1) of the Act...........
Bombay, Maharashtra Stamp Act, 1958, Section 32C, 53A -- Limitation - Reasonable time - If Section 53A(1) provides only for initiation of the proceedings within six years then within what time from the date of initiation should an order be passed under Section 53A(1) of the Stamp Act ? - The reasonable period has to be construed based on the Scheme of the Act - The maximum..........
Bombay, Maharashtra Stamp Act, 1958, Section 53A -- Limitation - Validity - Whether the impugned order can be said to have been passed within reasonable period from the expiry of six years, if we accept the submissions of the respondents ? - Impugned order dated 14 August 2012 cannot be said to have been passed within the limitation period of 6 years provided under Section..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Non-compliance of mandatory notice u/s 80 CPC, S.280 of Maharashtra Zilla Parishads Act and S.180 of Maharashtra Villages Panchayat Act before filing of suit - Provisions of S.280 of Zilla Parishad and S.180 of Village Panchayat are not analogues to S.80 CPC and under both the Acts there is no provision..........
Industrial Dispute (Maharashtra) Rules, 1957, Rule 82B(1), Industrial Disputes Act, 1947, Section 25O(1) -- Section 25-O provides that the appropriate Government may, after making an enquiry and hearing all the concerned parties, pass an order in writing accepting or rejecting the application for closure - It also provides that if the appropriate Government does not..........
Forward Contracts (Regulation) Act, 1952, Section 27, Maharashtra Protection of Interests of Depositors Act, 1999, Section 4, Insolvency and Bankruptcy Code, 2016, Section 14 -- Recovery of the outstanding amount - There is no overlap or inconsistency between the provisions contained in the IBC and MPID Act - As such, S.14 IBC has the connotation which is very much..........
Maharashtra Co-operative Societies Act, 1960, Section 4, 6 -- Registration of society - Economic viability of society is a pre-requisite or basic condition for grant of registration to society as per Ss.4, 6 of the Act - There was absolutely no material on record before Committee to show that society was in a position to comply with pre-requisites as referred to in said..........
Civil Procedure Code, 1908, Order 39, Rule 11(2), (As -(As applicable in State of Maharashtra) - Defence struck off on ground of breach of injunction by defendant - Restoration of defence - Violation of ad interim injunction - Defendant executed sale deed in violation of ad interim injunction order - Said sale deed is not cancelled - Defendant received part consideration..........
