Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 35, Maharashtra Rent Control Act, 2000, Section 15 -- SARFAESI ACT & Rent Control Acts - Overriding effect - Provisions of SARFAESI Act cannot be used to override the provisions of Rent Control Acts to allow a Bank to evict a tenant from the tenanted premise, which..........
Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971, Section 11, 12, 14, 19, 30, Trade Unions Act, 1926, Section 6, 22, 29, Constitution of India, 1950, Article 136 -- Application for recognition of union - Union applying unable to establish its claim majority membership as required u/ss.11, 12, 14 of Act of 1971 - Purpose for which..........
Constitution of India, 1950, Article 32, Bombay Police Act, 1951, Section 33A -- As introduced by Maharashtra Police (Second Amendment) Act, 2014 - Prohibition of performance of dance in eating house, permit room or beer bar - Constitutional validity of S.33A of the Act - Apex Court stayed the operation of the provision with a rider that `no performance of dance shall..........
Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974, Section 4, 7 -- Restoration of land to tribals - Revision - Once the revision is held to be within time, even if a tribal transferor is not interested to get back his land by refunding the purchase price, the Collector cannot drop the proceedings, but has to proceed further and divest the non-tribal transferee..........
Criminal Procedure Code, 1973, Section 205, Indian Penal Code, 1860, Section 499, 500 -- Defamation - Exemption from personal appearance - At the time when offence was committed accused was posted at place `V' in Andhra Pradesh and he was subsequently transferred to Maharashtra - Presence of accused on every date of hearing be not insisted unless his presence is required..........
Maharashtra Control of Organised Crime Act, 1999, Section 2(1)(d), (e), (f), 21(4) -- Applicability of MCOCA - `Continuing unlawful activity' - Requirement of charge-sheets as regards two earlier offence - Earlier offences contemplated are offences committed as member or on behalf of organized crime syndicate - Minimum three offences should fall within definition of..........
Maharashtra Control of Organised Crime Act, 1999, Section 2(1)(d) -- Continuing unlawful activity - Requirement of cognizance of two earlier offences - Cognizance contemplated is of offence and not of offender...........
Maharashtra Control of Organised Crime Act, 1999, Section 2(1)(d) -- Continuing unlawful activity - Requirement of earlier two charge-sheets should have been filed and taken cognizance of in preceding 10 years - Meaning of expression `an activity prohibited by Law' in S.2(1)(d) of the Act clearly shows that relevant date for counting 10 years' is date of third activity...........
Maharashtra Control of Organised Crime Act, 1999, Section 2(1)(d), 3, 21(4) -- Organised crime - Application for bail - Charge-sheet filed u/s.3 of the Act for accused`s involvement in 3 bomb blasts - As per material on record accused furnished certain materials to prime accused involved in earlier two blasts - Accused allegedly directly involved in 3rd bomb blast -..........
Civil Procedure Code, 1908, Section 9A -- As in Maharashtra - Provision of S.9-A (As in Maharashtra) CPC is a valid legislation...........
