#Section 115

The Bombay High Court holds that a co-operative bank’s dispute over professional fees paid to an empanelled valuer does not fall under Section 115’s mandatory notice requirement, as such services are ancillary to, not integral to, the society’s core business. This shields service providers from procedural hurdles in fee recovery suits, clarifying the boundary between commercial contracts and statutory governance of co-operative societies.

Bombay High Court rules that under Section 11(5) of the Maharashtra Ownership Flats Act (MOFA), the Registering Authority is statutorily bound to register a deemed conveyance once certified, irrespective of procedural defects like non-impleadment of the owner. The ruling clarifies that registration cannot be refused on technical grounds, reinforcing the mandatory nature of the provision for housing societies.

MP High Court clarifies that correction of land records and map entries falls solely under the Sub-Divisional Officer's jurisdiction under Section 115 of the M.P. Land Revenue Code, stripping Tehsildars of authority. The ruling reinforces procedural safeguards for landowners by mandating strict adherence to statutory hierarchy in revenue disputes.

The Customs Appellate Tribunal holds that penalty under Section 117 of the Customs Act cannot be imposed without proof of the owner's knowledge of vehicle use in smuggling.