Service -- Appointment - Post of Police Sub-Inspector - Government Resolution (GR) 2019 - Challenge as to - State issued GR without any consultation or prior approval by Maharashtra Public Service Commission - GR seeks to fill up double number of vacancies which were notified for Post - Authority cannot fill up more than notified number of vacancies advertised, as..........
Criminal Procedure Code, 1973, Section 167, 439(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 28, 29 -- Default bail - Cancellation - Contraband - Recovery of contraband one from vehicle while being transported and other in factory premises - Combined complaint filed for both offences before Special Court, Omerga (Maharashtra) wherein offences..........
Constitution of India, 1950, Article 14, 16, Maharashtra State Reservation (of Seats for admission in Educational Institutions in the State and for appointments in the Public Services and posts under the State) for Socially and Educationally Backward Classes Act, 2018, Section 4 -- Constitutional validity of Act of 2018 as amended in 2019 - Declaration of Maratha as social..........
Criminal Procedure Code, 1973, Section 181(4) -- Territorial jurisdiction - Criminal Breach of trust and Misappropriation of money - Allegation relating to criminal Breach of trust and Misappropriation of money which were to be eventually accounted for in Patna (where complainant resides) could prima facie indicate lawful jurisdiction of Patna police - Exercise of..........
Maharashtra Regional and Town Planning Act, 1966, Section 91 -- Town planning scheme - Deletion of Municipal Corporation as owner of private road - Private road in question never belonged to Municipal Corporation or State Government - Respondents had a public duty u/s 91 of the Act to appropriately modify scheme and to show the private road as property of its legitimate..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - First suit filed for declaration before civil Court and subsequent suit for eviction filed under provisions of Maharashtra Rent Control Act - Jurisdiction of Courts dealing with both the suits is completely distinct and different - Reliefs prayed for in subsequent suit also stands on a different footing..........
Maharashtra Regional and Town Planning Act, 1966, Section 127 -- Lapsing of reservation - Land reserved for construction of shopping complex - Appellants purchased property in 2006 - Land was reserved under original final development plan in 1984 which was revised in 2012 - Appellant purchased the land apparently knowing that property was subjected to reservation - There..........
Constitution of India, 1950, Article 226, Maharashtra Industrial Development Act, 1961, Section 33, 36A, 35 -- Acquisition of land for industrial development - Claim for compensation - Rejection of petitioner's claim by SDO and grant of compensation to occupants (Tribals) of suit land - Agreements on basis of which petitioners are claiming are found to be void ab initio -..........
Maharashtra Regional and Town Planning Act, 1966, Section 154, National Green Tribunal Act, 2010, Section 15(1)(b), (c), 14, 16, 17, 4(4), 35, National Green Tribunal (Practice and Procedure) Rules, 2011, Rule 24 -- Powers of NGT - To ban development and building activities - General directions for future guidance, to avoid or prevent injury to environment for appropriate..........
Maharashtra Regional and Town Planning Act, 1966, Section 154, National Green Tribunal Act, 2010, Section 15(1)(b), (c), 14, 16, 17 -- Control by State Government - Validity of notification/direction issued by State Government that development was impermissible in area abutting `hills' up to 100 feet - Direction neither premised on any Central or State Government..........
