Civil Procedure Code, 1908, Section 20, Maharashtra Co-operative Societies Act, 1960, Section 91 -- Summary suit for recovery of dues challenged on various ground - Territorial jurisdiction - Construction of - Investment within jurisdiction of court - Amount also realised in the jurisdiction of court - Corporation having its office in Mumbai - Documents also executed in..........
Civil Procedure Code, 1908, Order 37, Rule 3(5), Maharashtra Co-operative Societies Act, 1960, Section 91, Maharashtra Co-operative Societies Rules, 1961, Rule 77F -- Summary suit for recovery of dues - Leave to defend - Grant of - Investment of Rs.100 crore by way of deposit by bank - Failure on the part of corporation to honour its commitment - Dispute filed by Bank -..........
Limitation Act, 1963, Section 15(1), Article 136 -- Decree of specific performance - Execution in respect of half share stayed in a suit filed by third party - D.H. can claim benefit of excluding time of continuance of injunction order in its entirety, even though injunction order staying execution was operative only in respect of half of suit land as provision of S.15(1)..........
Representation of the Peoples Act, 1951, Section 100, Andhra Pradesh (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993, Section 3 -- Community Certificate - Confined to elections to local authorities and co-operative institutions and not to elections to Legislative Assembly or Parliament - Certificate issued..........
Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, Section 3(1), 4(1) -- Controlled area - Scheduled roads - Unauthorized construction - From the terms of Act it is clear that as regards the scheduled roads the Act becomes operative from the date of the Act - Any violation of Section 3(1) of the Act after coming into force of..........
Criminal Procedure Code, 1973, Section 357, Indian Penal Code, 1860, Section 409 -- Reduction in sentence - Cashier Co-operative Society embezzled Rs.18,294/- and convicted under section 409 IPC - Period of trial, appeal and revision stretched to 24 years - Sentence reduced from 3 years to already undergone (2 months) - Accused directed to deposit a sum of Rs.90,000/- over..........
Constitution of India, 1950, Article 12 -- MARKFED - Whether an instrumentality and agency of the State and falls within the ambit of the expression 'Other Authorities' appearing in Article 12 of the Constitution? Held - Yes - MARKFED is a co-operative society, registered under the provisions of Punjab Co-operative Societies Act - The State Government exercises deep and..........
Constitution of India, 1950, Article 12 -- Co-operative Society - Agency and Instrumentality of State - Falling within the expression 'Other Authorities' - Law discussed...........
Specific Relief Act, 1963, Section 28(1) -- Specific performance - Rescission of agreement - Execution of decree - Delay of nine years - Agreement dated 16.08.1980 to lease of Trust property - The suit for specific performance decreed on 28.07.1985 - Application moved by Trustees on 03.10.1994 u/S.28(1) inter alia alleging decree dated 28.07.1985 was collusive - Plea of..........
Civil Procedure Code, 1908, Section 152 -- Decree - Correction - Interest allowed as per operative part of judgment and not in accordance with decision of issue - Decree cannot be corrected under S.152 CPC...........
