Indian Penal Code, 1860, Section 420, 406, 409, 465, 467, 468, 471, 34 -- Cheating - Quashing of FIR - Allegations against management of bank alleging acts of cheating and misappropriation of funds - FIR was lodged by appellant on the basis of inspection report of auditor - S.81(5-B) of Maharashtra Co-operative Societies Act does not contain any express or implied bar..........
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..........
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..........
