Court : Mumbai Goa
..... act, 1925, the hindu succession act, the indian divorce act, 1865, etc., with the result that the rights of all persons with regard to succession were governed by the ..... extended to the territory did not include any laws relating to succession. after the liberation of goa, under the goa daman and diu administration act, 1962 and the subsequent regulations many indian laws were extended to the state of goa and the corresponding laws earlier in force have been repeated but, however, the laws which were not extended include the indian succession .....
Tag this Judgment!Court : Mumbai Goa
..... issue first, if that issue relates to, (a) the jurisdiction of the court; (b) a bar to the suit created by any law for the time being in force. in such a case, the court would postpone the settlement of other issues, until the preliminary issue has been determined. one thing which is apparent from the aforesaid provisions ..... clb is a quasi-judicial authority exercising equitable jurisdiction guided by the principles of natural justice in the exercise of its powers and discharge of its functions under the act and shall act in its discretion. the clb has all the trappings of the court. the clb has its own regulations. the c.p.c does not apply, the principles ..... 2/2013. background facts: 3. the brief facts are that sociedade de fomento industrial private limited (sfipl), (company, for short) is a company registered under the companies act, 1956 (the act, for short) with authorised share capital of rs.1,00,00,000/- (rupees one crore only), divided into 50,000 equity shares of rs.100/- each and 50, .....
Tag this Judgment!Court : Mumbai Goa
..... and the state can enact and legislate, then, terms airport and aerodrome are referable to the parliamentary legislation. the airport authority act, 1994 and the prior act, namely, the air craft act, 1953, are both acts of the parliament. thus, setting up the airport and aerodromes is only permitted in terms of these central laws. it is only the ..... other corresponding law. a mere declaration that the land can be acquired for the authority under the provisions of the land acquisition act, 1894 or of any other corresponding law for the time being in force, does not affect the power of the state government under entry 42 of list iii. it is difficult to see that ..... contravention of the provisions made in the central legislation. it cannot be disputed that the said act was enacted prior to the independence of india. however, the same was adapted in terms of the adaptation order of 1950 and, therefore, is a law made by the parliament within the meaning of the said expression under the .....
Tag this Judgment!Court : Mumbai Goa
..... of civil procedure, 1908, applicable to appeals from original decrees, and notwithstanding anything to the contrary in any enactment for the time being in force, an appeal shall only lie in any proceedings under this act to the high court from the award, or from any part of the award of the court and from any decree of the high court ..... 1999 and disposed of firstly on 18/9/2002 and after remand, on 22/06/2009. he has relied upon kunhayammedand others v/s. state of kerala and another [air 2000 sc 2587(1)], wherein it has been held thus: in spite of a petition for special leave to appeal having been filed, the judgment, decree or order against ..... held that the property bearing survey no. 106 belongs to manoramabai rane group. the learned reference court has relied upon the case of ramprakash vs. charan kaur and another (air 1997 sc 3760), wherein, inter alia it has been observed that: it can safely be said that where two connected suits have been tried together and the findings recorded .....
Tag this Judgment!Court : Mumbai Goa
..... taking me through the correspondence on record, he contended that there is nothing to establish that the plaintiff had procured the computer system. he submitted that the plaintiff without acting in terms of the communication dated 02/02/90 (exhibit 14), wants the balance amount, without giving the computer system to the defendant. he also contended that there ..... for, the price. the rights of an unpaid seller are stated in section 46 of the said act as follows : 46. unpaid seller' s rights.- (1) subject to the provisions of this act and of any law for the time being in force, notwithstanding that the property in the goods may have passed to the buyer, the unpaid seller of ..... 1) marutibalwant pawar vs. mahatma phule agricultural university [2009 (3) mh.l.j. 846); (2) keharsingh v. yash pal and others (air 1990 s.c. 2212)); and (3) gurdevkaur and ors. v. kaki and ors (air 2006 s.c. 1975). 15. i have gone through the entire material on record. 16. i find that there is absolutely no substance in .....
Tag this Judgment!Court : Mumbai Goa
..... the preliminary issue raised by the petitioners to the effect that no appropriate notice under section 19(2) of industrial disputes act, 1947, (for short 'the act'), served on the petitioners to terminate the settlement came to be rejected. 3. shri j. e. coelho pereira, learned ..... 11.2007 and, considering the provisions of section 19(2) of the act, the said period elapsed on 07.01.2008 which is prior to the validity of the agreement which was in force upto 31.01.2008. learned senior counsel further pointed out that taking note ..... bangalore woollen cotton and silk mills co. ltd. vs. workmen and anr. and air 1977 s. c. 2246 in the case of m/s. shukla manseta industries pvt. ltd., vs. the workmen employed ..... terminate the agreement under the provisions of section 19(2) of the act, would not arise. in support of his submissions, learned senior counsel has relied upon the judgments of the apex court reported in air 1968 s. c. 585 in the case of management of the .....
Tag this Judgment!Court : Mumbai Goa
..... the revision, i may say at the outset that the learned judge did not commit any illegality, nor he exercised his jurisdiction with material irregularity. undoubtedly, the transfer of property act repealed the chapter of the civil code dealing with the contract of purchase and sale, but, as correctly observed by the learned judge, art. 1565 is a provision by ..... and therefore, is meant to defend the issues against collusions between the parents and any of them in prejudice of the others. the portuguese succession law is still in force in this territory and as such, the provision of art. 1565, being intimately connected to the said law, has to be construed as continuing in ..... in their written statement. the judgment of the apex court relied upon by the learned counsel appearing for the appellants reported in air 1993 sc 957 in the case of vinaykrishna v/s keshav chandra and another and air 1972 sc 2685 in the case of ram saran and another v/s smt. ganga devi are not applicable to the facts .....
Tag this Judgment!Court : Mumbai Goa
..... of the defendants. 10. as far as the first substantial question of law is concerned, the learned counsel for the plaintiff submitted that the indian easement act, 1882 (said act) came into force in goa on 01/11/1978 whereas the cowshed of the plaintiff was existing since much prior to that and therefore the provisions of the said ..... cases of "iyyappan" and "ramesh raghunath"(supra). in the case of "ram sarup gupta (dead) by l.rs. vs. bishun narain inter college and others", [air 1987 sc 1242], the apex court has held that when necessary pleadings were taken, though not in specific words, and parties were aware about the point in dispute and ..... behalf of the defendants, has relied upon following citations: i) dayaram and another vs. deorao and another [air 1926 nag. 376] ii) mathuri vs. bhola nath and others [air 1934 allahabad 517] iii) raghubir saran and ors vs. param kirti saran [air 1962 allahabad 444] iv) postgraduate institute of medical education and research and anr. vs. a. p. wasan .....
Tag this Judgment!Court : Mumbai Goa
..... hence, the order dated 30.11.1988 is null and void. it is further the case of the plaintiff that the tenancy act had come into force when the defendant no.1 was minor and hence, he could not have claimed tenancy. it is further the case of the plaintiff that during the life time of his ..... scc 102; (5) thimmaiahvs. shabira and ors., air 2008 sc 1275; (6) edukantikistamma (dead) through lrs. and ors. vs. s. venkatareddy (dead) through lrs. and ors., (2010) 1 scc 756; (7) kalyanmadgaocar vs. dattaram shiva harmalkar (since deceased) ..... lrs., and others, (1994) 1 scc 1; (2) m/s. seemax construction (p) ltd., vs. state bank of india and another, air 1992 delhi 197; (3) lakshimibainarayan patil of volvoi ponda and ors., vs. union of india and ors., air 1979 goa, daman and diu 21 (4) union territory of goa, daman and diu and another vs. lakshimibai narayan patil, (1990) 4 .....
Tag this Judgment!Court : Mumbai Goa
..... hence, the order dated 30.11.1988 is null and void. it is further the case of the plaintiff that the tenancy act had come into force when the defendant no.1 was minor and hence, he could not have claimed tenancy. it is further the case of the plaintiff that during the life time of his ..... scc 102; (5) thimmaiahvs. shabira and ors., air 2008 sc 1275; (6) edukantikistamma (dead) through lrs. and ors. vs. s. venkatareddy (dead) through lrs. and ors., (2010) 1 scc 756; (7) kalyanmadgaocar vs. dattaram shiva harmalkar (since deceased) ..... lrs., and others, (1994) 1 scc 1; (2) m/s. seemax construction (p) ltd., vs. state bank of india and another, air 1992 delhi 197; (3) lakshimibainarayan patil of volvoi ponda and ors., vs. union of india and ors., air 1979 goa, daman and diu 21 (4) union territory of goa, daman and diu and another vs. lakshimibai narayan patil, (1990) 4 .....
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