Maharashtra Control of Organised Crime Act, 1999, Section 2(1)(d), 2(1)(e), 2(1)(f), 3(1)(2) -- Violation of Sales Tax and Excise Laws - Provisions of the MCOCA 1999 do not apply - To apply the provisions of MCOCA something more in the nature of coercive acts and violence in required to be spelt out so as to bring the unlawful activity complained of within the definition..........
Maharashtra Control of Organised Crime Act, 1999, Section 2(1)(d), 2(1)(e), 2(1)(f), 3(1)(2) -- Violation of Sales Tax and Excise Laws - Provisions of the MCOCA 1999 do not apply - To apply the provisions of MCOCA something more in the nature of coercive acts and violence in required to be spelt out so as to bring the unlawful activity complained of within the definition..........
Hindu Marriage Act, 1955, Section 13 -- Divorce - Desertion and cruelty - Leaving matrimonial home without informing husband and in-laws and not returning to matrimonial home since February, 1995 - Amounts to cruelty and desertion on part of wife - Decree upheld...........
Civil Procedure Code, 1908 -- Object - The code of Civil Procedure as it preamble indicates, is an Act to consolidate and amend the laws relating to the procedure of the courts of civil judicature...........
Hindu Marriage Act, 1955, Section 13(1) -- Cruelty - Irretrievable break down of marriage - Wife wanted her husband to leave his parents and live separately - Other proposal of wife was that husband should permanently stay at the in-laws place and to live there as a 'Ghar Javai' - Husband could not leave his aged parents who were financially dependent upon him - Demands of..........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Criminal Laws Amendment Ordinance, 1944, Section 3 -- Ill-gotten property - Can be confiscated to the State under the provisions of Criminal Law Amendment Ordinance, 1944...........
Limitation Act, 1963, Article 137 -- No period of Limitation prescribed - Revision petition filed after 6 years - Dismissed on ground of delay - Contention that no limitation provided for filing revision - No satisfactory explanation given for delay of 6 years - Every affected person expected to approach the forum with in reasonable time - Litigation cannot be allowed to..........
Constitution of India, 1950, Article 226, Punjab Scheduled Roads and Controlled Areas (Restriction of Unregulated Development) Act, 1963, Section 5(4) -- Writ petition for quashing notification of draft development plan - It is contended that the road which is proposed to be built, pursuant to draft notification would dislocate the petitioners - Petitioners purchased..........
Civil Procedure Code, 1908, Section 9, H.P.Tenancy and Land Reforms Act, 1974, Section 101 -- Jurisdiction of Civil Court - Ouster - Question whether possession of `D' as tenant at will on payment of rent had been converted to full ownership by conferment of proprietary rights under tenancy laws - Civil Court has no jurisdiction to go into question connected with..........
Protection of Women From Domestic Violence Act, 2005, Section 19 -- Claim of wife for alternative accommodation - It can only be made against the husband and not against in-laws or other relatives...........
