Constitution of India, 1950, Article 208, 14, Maharashtra Legislative Assembly Rules, 1985, Rule 8, 53 -- Withdrawal of member from House - Withdrawal/Suspension beyond period prescribed under Rule - Validity of - Suspension beyond reasonable period would assume character of punishment and has effect of creating de facto vacancy - Therefore, suspension of MLAs for one..........
Constitution of India, 1950, Article 208, 14, 21, Maharashtra Legislative Assembly Rules, 1985, Rule 8, 53 -- Withdrawal of member from House - Motion for - Rules of 1985 does not prevent member of House to move motion for directing withdrawal of member on ground of grossly disorderly conduct - Even the House could pass a resolution itself on a motion being moved by a..........
Maharashtra Police Act, 1951, Section 56 -- Externment order - Competent authority is not expected to write a judgment containing elaborate reasons considering nature of power u/s 56 of Act - However, competent authority must record its subjective satisfaction of existence of one of grounds in S.56(1) of the Act on basis of objective material placed before it...........
Maharashtra Police Act, 1951, Section 56 -- Externment order - Application of mind on the part of competent authority is required for deciding duration of restraint order u/s 56 of the Act - Impugned externment order shows that it does not disclose any application of mind on this aspect - It does not record the subjective satisfaction of respondent on basis of material on..........
Consumer Protection Act, 1986, Section 24A, Limitation Act, 1963, Section 22 -- Consumer complaint - Limitation - Continuing wrong - Agreement to sell flats - Respondent/builder failed to provide occupancy certificate since 2014 till date - Owing to failure of builder to obtain certificate, there has been a direct impact on members of society in terms of payment of higher..........
Maharashtra Electricity Duty Act, 2016, Section 3(2) -- Electricity duty - Exemption from payment - Charitable educational institutions registered under provisions of Societies Registration Act and/or under Maharashtra Public Trusts Act are not exempted from payment of electricity duty from the date on which Maharashtra Electricity Duty Act came into force...........
Maharashtra Village Panchayats Act, 1959, Section 14B(1) -- Appeal - Order declining to disqualify a Sarpanch/member of Panchayat passed by Collector - No appeal is provided against an order of Collector (or of State Election Commission) refusing to disqualify Sarpanch/member u/s 14-B(1) of the Act - Such an order becomes final and is not appealable at all - Indeed, it can..........
Criminal Procedure Code, 1973, Section 439, 482, Indian Penal Code, 1860, Section 384, 386, 387, 34, Maharashtra Control of Organised Crime Act, 1999, Section 3(1)(ii), 3(2), 3(4), 3(5) -- Bail - Quashing of order granting bail - Offence u/ss 384, 386, 387, 34 IPC and Ss.3(1)(ii), 3(2), 3(4), 3(5) of MCOCA Act - Allegation against accused are very serious in nature - High..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Bar of jurisdiction of civil Court in view of S.85 of Maharashtra Tenancy and Agricultural Lands Act - Civil Court was obliged to see whether appointment of a receiver for administration of Estate of a deceased person would actually fall within mandate of S.88-B(1)(d) of Maharashtra Tenancy and..........
Maharashtra Police Act, 1951, Section 56 -- Externment order - Challenge as to - Externment order was outcome of complaints lodged by appellant against government officials, some Madrasas and persons connected with such Madrasas, who later lodged FIRs against appellant - FIR`s against appellant clearly vindictive, retaliatory and aimed to teach a lesson to appellant and..........