Bombay Public Trust Act, 1950, Section 36 -- Scheme/agreement - When scheme/agreement no longer subsists and not alive, there is no occasion to decide its legality and correctness on legal side because any decision, even if rendered, would be of no avail to the parties...........
Bombay Tenancy and Agricultural Land Act, 1948, Section 70(B) -- Protracted tenant - Declaration of status - Petitioners claimed to be tenants in respect of individual plots - However, gut numbers mis-matched with survey numbers provided by petitioners in respect of plots claimed by them - More so, several rounds of enquiries already undertaken and petitioners failed to..........
Gujarat Provincial Municipal Corporations Act, 1949, Section 127 - - Constitution of India, 1950, Entry 49 List II, Art.265, Bombay Provincial Municipal Corporations Act, 1949, Gujarat Local Authorities Laws (Amendment) Act, 2011 - Levy of property tax on mobile towers - Constitutionality of Ss.127(1)(c), 145A of Gujarat Provincial Municipal Corporations Act under scope of..........
Gujarat Provincial Municipal Corporations Act, 1949, Section 127(1)(c), 145 -- Constitution of India, 1950, Entry 49 List II, Art.265, Bombay Provincial Municipal Corporations Act, 1949, Gujarat Local Authorities Laws (Amendment) Act, 2011 - Levy of tax on mobile tower - Tax on Mobile Towers is levied on yield from land and building - Tax is on use of land or building for..........
Civil Procedure Code, 1908, Order 13, Rule 4, Bombay Stamp Act, 1958, Section 35 -- Exhibition of document - Suit for specific performance - U, registered agreement to sell marked as exhibit during pendency of suit - Court cannot re-open the matter as regards exhibition of document in view of S.36 of Bombay Stamp Act...........
Indian Penal Code, 1860, Section 302, 201 -- Murder of wife by accused in matrimonial home - Incident took place in the matrimonial home - Accused residing in Bombay and he used to come to village once in two months - Absence of any material to show that accused had come from Bombay during relevant point of time - It will be very hard to believe the case of prosecution..........
Hindu Marriage Act, 1955, Section 13B -- Divorce by mutual consent - Parties resolving dispute during pendency of Transfer petition filed by wife seeking transfer of divorce petition filed by husband - Husband agreed to pay Rs.12.50 lacs as alimony, maintenance for past and future or any other claim of wife - Wife suffering from breast cancer and in need of money for her..........
Arbitration and Conciliation Act, 1996, Section 9 -- Petition u/s 9 of Act - Leave to file - Jurisdiction of Court - Dispute as to possession of land - It would conceptually fall within the category of `suit for land' as engrafted u/clause 12 of Letters Patent (as applicable to Bombay High Court) - It is difficult to accept that it is money claim and therefore Bombay High..........
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..........
Negotiable Instruments Act, 1881, Section 138, Bombay Money Lenders Act, 1947, Section 2(9)(f) -- Dishonour of cheque - Money lender - Complainant advanced some amounts on interest and in all probability had taken blank hundies and blank signed cheques - There is a reason to believe that complainant was advancing money as and by way of a business of money lending without..........
