Is it true that 6 month cooling period waived off in mcd?

ramesh mane (Querist) 10 April 2014 This query is : Resolved
I readout the similar post on the same site. and found few High court & supreme court judgments.

But Is it really possible for District court too ?

http://bombayhighcourt.nic.in/generatenewauth.php?auth=cGF0aD0uL2RhdGEvanVkZ2VtZW50cy8yMDEzLyZmbmFtZT1DRkNBMjkwNzcxMy5wZGYmc21mbGFnPU4=

http://judis.nic.in/supremecourt/imgs1.aspx?filename=39493

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ROHIT SHARMA (Expert) 10 April 2014
1. Yes, if the merits for doing so are indeed acknowledged by the P.O of the Court. provided that is the court is satisfied that such a consent is not been obtained by force, fraud, or undue influence, then the cooling period can be dispensed with as per the provision contained u/s 23(1)(bb) of the H.M. Act, 1955.

Adv. Rohit Sharma.
(M) 09824047971.

ramesh mane (Querist) 11 April 2014
today I discussed with My lawyer but he said that. This power isonly for Hight court or apex court not district court

Is it true?

ajay sethi (Expert) 11 April 2014
district court has no powers to waive off cooling period . SC can waive the cooling period of 6 months

T. Kalaiselvan, Advocate (Expert) 11 April 2014
You are rightly advised that the district court has no power to waive the 6 months cooling off period.

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