Criminal Procedure Code, 1973, Section 439, Maharashtra Control of Organised Crime Act, 1999, Section 21(4) -- Bail - When there is an embargo put in by a specific provision under a special enactment in the matter of grant of bail in respect of offences allegedly committed thereunder, power to grant bail should necessarily be subject to satisfaction of conditions mentioned..........
Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders, Dangerous Persons, Video Pirates, Sand Smugglers and Persons Engaged in Black Marketing of Essential Commodities Act, 1981, Section (2) -- Detention order - Detaining authority relied on six cases registered against appellant which pertains to illicit manufacture of handmade liquor -..........
Maharashtra Co-operative Societies Act, 1961, Section 105 -- Auction sale - Setting aside - Appellant bank challenged auction sale on the ground that upset price was fixed on lower side - However, appellant was fairly and squarely aware of upset price much before the auction took place but appellant did not take recourse to legal remedies - It was thus, not open for..........
Medical education -- Admission to MBBS - State quota - Candidates who are born in Maharashtra and whose parents are also domicile of State of Maharashtra and are employees of Government of India or its Undertaking, such candidates would be entitled to a seat under Maharashtra State quota irrespective of place of posting of the parents because the place of deployment would..........
Medical education -- Cancellation of admission to MBBS - State quota - Appellant and his parents are domicile of the State of Maharashtra - Appellant's father is serving in BSF and owing to deployment of his father outside the State of Maharashtra, appellant passed his SSC and HSC exams from an institution outside the State of Maharashtra - Appellant is qualified to seek..........
Medical education -- Admission to MBBS - State quota - Direction issued that until a suitable rectification is made in the guidelines/rules, candidates domicile of State of Maharashtra having acquired SSC and/or HSC qualification from any recognized institution: (i) Whose parents are domiciles of Maharashtra and employed in the Central Government or its Undertaking,..........
Agreement to sell -- Specific performance - Previous sanction before conveyance - Conveyance by way of sale would take place only at the time of registration of a sale deed in accordance with S.17 of Registration Act - Till then there is no conveyance - Therefore, there is no bar to enter into an agreement to sell without previous sanction. (Maharashtra Land Revenue Act,..........
Agreement to sell -- Previous sanction before conveyance - Agreement to sell between tribal and non-tribal person - There is no bar for a triable to enter into an agreement to sell and seeking advance sale consideration - However, before conveying the land by tribal in favour of a non- tribal, requisites of S.36-A of Maharashtra Land Revenue Act must be complied with by..........
Rent and Eviction -- Demolition notice of Municipal Council - Court in eviction proceedings u/s 16(1)(k) of Maharashtra Rent Control Act has very limited role in determining as to whether demolition is really necessary or not - But it does not automatically follow therefrom that Court would mechanically adopt the view of municipal authority of there being urgent need of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 392, 397, 201, Arms Act, 1959, Section 27, 25(4), Maharashtra Police Act, 1951, Section 37(1)(3), 135 -- Bail - Murder - Deceased was killed in brutal manner by cutting her body parts and thrown at different places - Body parts recovered were completely decomposed - Prima facie it appears..........
