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..........
Indian Penal Code, 1860, Section 228A -- Non-disclose of identity of rape victim - Directions issued to investigating agency/police authorities and all Courts in State of Maharashtra that : (i) Identity of victim should not be disclosed by any of authorities in charge sheet; (ii) further direction issued to all concerned agencies who are dealing with investigation of crime..........
Maharashtra Cooperative Societies Act, 1960, Section 11 -- Validity - Whether a member stood disqualified after the formation or registration of the cooperative society - There has been no enquiry at all on an individual basis - Single Judge held that the power of the Registrar u/s 11 is not restricted to enquiring into the eligibility of the formation or registration of..........
Maharashtra Cooperative Societies Act, 1960, Section 11 -- Validity - Whether a member stood disqualified after the formation or registration of the cooperative society - There has been no enquiry at all on an individual basis - Single Judge held that the power of the Registrar u/s 11 is not restricted to enquiring into the eligibility of the formation or registration of..........
Arbitration and Conciliation Act, 1996, Section 11(6) -- Appointment of arbitrator - Three arbitration agreements executed between parties - Identical arbitration clause contained in all three agreements not disputed - Respondent himself proposed to consolidate dispute under said agreements and to refer them to a sole arbitrator to one single arbitration, thus respondent..........
Municipal Corporation -- Standing Committee stands dissolved alongwith the completion of the term of Corporation. (Maharashtra Municipal Corporations Act, 1949, Ss.6, 6-A, 20)..........
Civil Procedure Code, 1908, Section 9, Maharashtra Housing and Area Development Act, 1976, Section 71, 177 -- Jurisdiction of civil Court - Plaintiff instituted suit for injunction as her easements were infringed by illegal construction which defendant had erected on the open space - Relief claimed in the suit beyond scope of Act of 1976 - Suit is maintainable before civil..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Expeditious disposal of NI Case by establishment of Special NI Courts - Directions issued for establishment of pilot basis in 5 judicial districts with highest pendency in 5 states with highest pendency (namely Maharashtra, Rajasthan, Gujarat, Delhi and Uttar Pradesh) - Guidelines covering the pilot..........
Constitution of India, 1950, Article 208, 14, 21, Maharashtra Legislative Assembly Rules, 1985, Rule 8, 53 -- Withdrawal of member from House - Scope of judicial review - In regard to substantive disciplinary or rationality of the self-security measure inflicted upon the erring member, is open to judicial review on the touchstone of being unconstitutional, grossly illegal..........