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Snehdeep Krida Mandal Th. Chairman, P K ... vs Maharashtra Housing And Area ... on 17 April, 2025
cites
The Mumbai Municipal Corporation Act, 1888
Section 351 in The Mumbai Municipal Corporation Act, 1888 [Entire Act]
Section 35 in The Advocates Act, 1961 [Entire Act]
Section 354A in The Mumbai Municipal Corporation Act, 1888 [Entire Act]
Section 64C in The Mumbai Municipal Corporation Act, 1888 [Entire Act]
The Maharashtra Municipal Corporations Act, 1949
State Of Maharashtra vs Ramdas Shrinivas Nayak & Anr on 28 July, 1982
12.2) A mere perusal of the Order would reveal that Respondent
No.3's Advocate had not pointed out that, the Writ Petition is filed in this
Court regarding same illegal structure and the reply to the Petition filed by
the BMC, to the learned Judge of City Civil Court. According to us, if the
Order had incorrectly recorded or not recorded a fact, plea or conduct that
transpired, it ought to have been brought to the attention of the Court,
while the matter was still fresh, to correct the record. We can only accept
the Order as it reads and cannot imply or accept contentions raised across
the bar that are not recorded in the Order. We are bound to accept the
wordings of the Order as recorded, as they are conclusive and
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unquestionable. Our view gets support from the decision of Supreme Court
in the case of State of Maharashtra vs Ramdas Shrinivas Nayak and Anr.
reported in (1982) 2 SCC 463, which enumerates as under:-
Article 226 in Constitution of India [Constitution]
Abdul Razzaq Sunesra vs Municipal Corporation Of Greater ... on 17 July, 2013
19.1) We are unable to accept the unconditional apology tendered by
Mr. Mahamuni. Affidavits are only like lip service. There is a growing trend
of filing such Suits and obtaining injunctions on notices by suppressing
material facts and law. This vindicates the apprehension expressed by the
counsel for BMC in the case of Abdul Karim Ahmed Mansoori (supra) in
paragraph No.10 as mentioned hereinabove. We see an urgent need to stem
this. We therefore refer his case to the Bar Council of Maharashtra and Goa
to take necessary action for professional misconduct against Mr. Mahamuni
as per Section 35 of Advocates Act, 1961.