have the power to
call and join him in the proceedings. Section 351
provides for such a situation, but only if that person
happens ... detained and proceeded against. There is no express
provision in section 351 for summoning such a person
if he is not present in Court. Such
trial was commenced.
10. A somewhat similar provision was contained in Section 351(1) of the
Code of Criminal Procedure, 1898 [for short, 1898 Code ... against as if he had
been arrested or summoned. Sub-section (2) of Section 351 provided
that in such a situation the evidence shall
work can be commenced in terms of
Section 347 .
7. We are mainly concerned with Section 351 which reads as
follows :
“351. Proceedings ... structure. We are
not oblivious to the fact that Subsection (2) of Section 351 does
not lay down any timeline in this regard
respondent no. 2, the societies and their members under Section 351 of the
Mumbai Municipal Corporation Act, 1888 (for short, `the 1888 Act') requiring ... stop work
notice. It was further pleaded that action taken under Section 351 of the 1888
Act was legal and justified because the buildings
Code of 1877. Section 562
of the 1877 Code was substantially in the same terms as
section 351 of the 1859 Code. The Code ... Order, Section or rule".
It follows from Section 158 that reference in Section 13 of
the Court Fees Act 1879 to Section 351
Thereafter, the Corporation issued notices dated 11.11.2005, 19.11.2005 and
5.12.2005 under Section 351 of the 1888 Act giving details of the illegal
structures proposed ... members filed Long Cause Suits for quashing the
notices issued under Section 351 of the 1888 Act and order dated
3/8.12.2005. They
subject made in the 1973 Code as evidenced by Section 319 , over Section 351 of the 1898 Code. Section 319 has been recast and made ... should have the power to call and join him in proceedings. Section 351 provides for such a situation, but only if that person happens
certificate under Section 13 of the Court-Fees Act the order of remand should have been on the ground contained in Section 351 ... based on the reasoning that in Section 13 of the Court-Fees Act reference to Section 351 of the Code does not contain any words
notice dated 24th May, 2001 to the Respondent No. 3 under Section 351 of the Act stating therein that the Respondent No. 3 has erected ... Section 351 of the Act. It read as under:
351. Proceedings to be taken in respect of buildings or work commenced contrary to Section
351 - MMC - RS 293
No. 01 under Section 351 of Mumbai Municipal Corporation Act,
1988 and speaking order dated 10.12.2017 passed by the
Designated Officer ... plaint that the Respondent
Corporation has issued notice dated 9.11.2017 under Section
351(1) Mumbai Municipal Corporation Act, 1988 and gave
show-cause notice
