Criminal Procedure Code, 1973, Section 309, Maharashtra Control of Organised Crime Act, 1999, Section 21(7) -- Effect of S.309 of Cr.P.C. - Held, effect of S.309, Cr.P.C. will not obliterate provisions of S.21(7) of MCOC Act, a special Statute...........
Criminal Procedure Code, 1973, Section 201 -- Magistrate having no jurisdiction - Provision of S.201 Cr.P.C. is mandatory which provides that if Magistrate is not competent to take cognizance of offence where the complaint is in writing, Magistrate shall return the same for presentation before the proper forum with endorsement to that effect...........
Civil Procedure Code, 1908, Order 22, Rule 3 -- Abatement of appeal - Suit for partition - Two defendants died during pendency of appeal - Failure to bring their L.R. on record - Effect thereof - Held, appeal would abate in its entirely - Judgment and decree of trial Court survives...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Defective notice - Effect - It is no where specifically mentioned that unless respondents pay cheque amount i.e. an amount of Rs.13,50,000/-, they are liable for prosecution u/s 138 of NI Act - Appellant only stated in notice that respondents 1 to 4 are liable to pay an amount of Rs.22,08,522/- which is..........
Advocates Act, 1961, Section 15(3), 49, Bar Council of Maharashtra and Goa Rules, Rule 6(h), 32(g) -- State Bar Council - Rules - Declaration by court as ultra vires - Approval by Bar Council of India - Effect thereof - Held, once R.6(h) and 32(g) of State Bar Council Rules declared ultra vires of the Act, fact that Bar Council of India has approved two provisions made by..........
Interpretation of Statutes -- Central Excise Act, 1944, S.2(f) - Section Note - Applicability - Held, Section Note has very limited purpose of extending coverage to particular items to relevant tariff entry in the Schedule for determining the applicable rate of duty - It cannot be readily construed to have any deeming effect in relation to process of manufacture as..........
Negotiable Instruments Act, 1881, Section 143 -- (As amended) - Dishonour of cheque - After insertion of S.143 with effect from 6.2.2003 Magistrate First Class trying an offence u/s 138 of the Act can impose fine exceeding Rs.5, 000/-, the ceiling being twice the amount of cheque...........
Will -- Comes into effect only after the death of the testator and is revocable at any time during the life time of the testator...........
Goa, Daman and Diu Town and Country Planning Act, 1974, Section 15, Goa, Daman and Diu Agricultural Tenancy Act, 1964, Section 18H -- Tenancy - Agricultural land - Coming into force of the Land Use Act - Effect of - Held, once the Land Use Act came into force, notwithstanding anything contained in the Town Planning Act or in any plan or scheme made thereunder, a land..........
Prohibition of Child Marriage Act, 2006, Section 3 -- Special enactment - Overriding effect - Held, Prohibition of Child Marriage Act is a special enactment for the purpose of effectively preventing evil practice of solemnization of child marriages and also to enhance health of child and status of women - Hindu Marriage Act is a general law regulating Hindu marriages -..........
