Court : Mumbai Goa
..... by a reporter of the petitioners' newspaper on the working of the respondent, truth whereof will have to be tested at trial. thus, there is considerable force in the contention of the learned counsel for the complainant that the pleas sought to be raised by the petitioners, must await trial. 28. the learned ..... would suffer. it may be necessary to treat private activities of private individuals differently from public activities of public bodies and public personalities, as also individual act of defamation and media reporting, of course discriminating between responsible journalism and yellow journalism. decriminalisation of media reporting may have to be debated upon, so that ..... behalf of sanatan sanstha, the learned counsel for the respondent/ complainant relied on the judgment in g. narasimhan and ors. etc. vs. t. v. chokkappa, air 1972 sc 2609, where the apex court held as under : 14. on these contentions, the principal question for determination is whether the respondent could be said to .....
Tag this Judgment!Court : Mumbai Goa
..... deprived the owner of the aircraft, viz., the government, of its legitimate use for its purposes, i.e., the use of this harvard aircraft for the indian air force squadron that day. such use being unauthorized and against all the regulations of aircraft-flying was clearly a gain or loss by unlawful means. further, the unlawful aspect ..... that in the circumstances of this case the complaint does not disclose the offence under section 382 i.p.c. also and, therefore, the learned magistrate had acted rather perversely in taking cognizance of the offence under sections 166 and 382 i.p.c. against the accused persons. 22. he also cited judgment in indian ..... in para 2 of the complaint as follows: thus, accused no. 1 illegally ordered on 30-4-76 the accused no. 2 contravention of the provisions of municipal act, to commit theft, mischief and criminal misappropriation and accused no. 2 accordingly committed these offences. this complaint was placed before the magistrate, who passed an order in nov .....
Tag this Judgment!Court : Mumbai Goa
..... the alleged blocking of the petitioner's traditional easementary access by respondent no.1 by constructing compound walls. an application under section 4 of the mamlatdar's court act (said act, for short) was filed by the petitioner before the mamlatdar of bardez (respondent no. 2) with regard to the said obstruction. the said application came to ..... or purporting to be done by any such officer in his official capacity, except where acting as a manager or guardian duly constituted under any law for the time being in force; or (b) in respect of any removal of any impediment or refuse or of any dispossession, recovery of possession or disturbance of possession, that has ..... been the subject of previous proceedings, to which the plaintiff or his predecessor in interest was a party, under this act, or in a civil court, .....
Tag this Judgment!Court : Mumbai Goa
..... company ltd. vs. darjeeling commercial co. ltd. , reported in [1977(47) company cases 15] and in the case of in re : deepika housing projects vs. unknown , [air 2007 calcutta, 280] in support of his submission that acknowledgment made in the balance sheet is good and valid for extension of limitation period. 8. on the other hand, learned ..... accrues. it may be that insofar as respondents no. 2 to 4 are concerned, article 137 of the limitation act is applicable as contended by mr. menezes, learned counsel appearing for them. however, prima facie, there is no force in the submission of the learned counsel for the said respondents that the cause of action against the said respondents ..... is in pari materia with section 19(1) of the 1908 act was considered. the petitioner had relied upon the acknowledgment made in the balance sheet. a reference has been made to the judgment in the case of bengal silk mills vs. ismail golam hossain ariff (air 1962 cal. 115), in which there was a balance-sheet which .....
Tag this Judgment!Court : Mumbai Goa
..... operations undertaken in any area in accordance with the terms and conditions of a prospecting licence or mining lease granted before the commencement of this act which is in force at such commencement: [provided further that nothing in this sub-section shall apply to any prospecting operations undertaken by the geological survey of india, ..... owners vs. state of west bengal and ors, 2006(2) chn 577; and (19) threesiammajacob and ors. vs. geologist department of mining and geology and others., air 2013 sc 3251. 4. shri a.n.s. nadkarni, learned advocate general appearing on behalf of respondents no.1 and 2, on the contrary submits that the petition ..... (3) alt 121; (10) pallavagranites industries vs. government of andhra pradesh, 1996 (4) alt 706; (11) pallavagranite industries india pvt. ltd. vs. government of andhra pradesh, air 1997 sc 2098; (12) smt. kunda raghuvir gharse vs. timble planting private ltd., 1998 (4) bom cr 520; (13) saurashtracement and chemical inds. and another vs. union .....
Tag this Judgment!Court : Mumbai Goa
..... or that other person, as the case may be, a policy of insurance complying with the requirements of this chapter. 14. the aforesaid provisions show that there is no force in the defence taken by the appellant that as the vehicle was given temporary registration certificate by nashik r.t.o. (maharashtra), the trade certificate obtained in goa by ..... property in the goods. unless all these ingredients of sale are duly proved, mere entry or endorsement made by the registering authority under section 31 of the motor vehicles act in the relevant record/registers showing transfer of ownership of a vehicle does not amount to sufficient proof of sale of that vehicle.? 18. the aforesaid provisions show ..... no.6 was not completed on the date of accident. 17. the tribunal has referred to the case of madras state v/s. g. dunkeriey and co. reported in air 1958 s.c. 560. in this case, the apex court has discussed the conditions for transfer of property vehicle and held thus: to constitute a valid sale of .....
Tag this Judgment!Court : Mumbai Goa
..... matriz no.18. matriz record are revenue records. no doubt, as contended by learned senior counsel, the matriz records have no value after the new survey records have come into force. but as has been rightly submitted by learned counsel for the plaintiffs, by virtue of proviso to section 201 of the code, assessment already done will continue to be in ..... government may exempt any land from the liability to such payment by means of a special grant or contract or in accordance with any law for the time being in force. in view of the above provisions, it cannot be believed that the suit property was not assessed to the payment of land revenue. section 51 of the code provides ..... : 12. the word "estate" was the subject-matter of interpretation in a case - 'shah mohammad v. mst. pairi', air 1936 lah 202 (f), which was a case under the pre-emption act and the section to be interpreted was section 16(c) of that act where the words used are "owner of the estate" and it was held in this case that the .....
Tag this Judgment!Court : Mumbai Goa
..... and supervision of the board. the registered employers are allocated monthly workers by the administrative body and the administrative body supplies whenever necessary, the labour force to the stevedores from the reserve pool. the workmen who are allotted to the registered employers are to do the work under the control and supervision ..... that the establishment itself is closed and the stevedore licence was not renewed by the respondent after starting of the dispute. in the case reported as air 1993 sc 1530 (employees state insurance corporation versus hotel kalpaka international),the apex court has laid down that the proceeding started by corporation cannot be ..... the provisions made for dock workers. this submission is not acceptable. this court has seen the regulations of 1950 and various notifications. they provide for issuing stevedoring licence and that permits persons like respondent to act as stevedore at the port, to perform the work of landing and shipping of goods between vessels in .....
Tag this Judgment!Court : Mumbai Goa
..... excluded, by implication. 18. there is no dispute that in the matters under the representation of people act, 1950, the provision of section 5 of the limitation act cannot be invoked. a reading of the provisions of representation of people act, 1951, which have been read by learned counsel appearing on behalf of the respondent no.4, would ..... that the code of comunidade has specific intention to keep away the concept of condonation of delay in the matters of election petitions. there is, therefore, no force or substance in the contention of the learned counsel appearing on behalf of the petitioner that the administrative tribunal has not considered the import of section 29(2) ..... 6 and 8 has relied upon the judgment of the apex court in the case of kokkandab. poondacha and others vs. k. d. ganapati and another?, [air 2011 sc 1353] wherein the apex court has held that high court could not interfere with the order of the trial court without considering the question whether such order .....
Tag this Judgment!Court : Mumbai Goa
..... , as enumerated in the judgment in the case of aklu ram mahato? (supra), except the one of power of appointment, are fulfilled. therefore, there is force in the contention of the learned counsel appearing for the respondent that this authority in fact assists the respondent and not the petitioner. 27. in the case of ..... the trial court, relying upon the judgment of the hon'ble supreme court in the case of biharilal dobray, v/s. roshan lal dobray? reported in air 1984 scc 385, held that for all purposes the petitioner was holding his office under the government. consequently, the petition was allowed and it was ordered that ..... chief electoral officer, for the state of goa, vide notification published in the official gazette dated 04/10/2010, under the provisions of goa municipalities act, 1969 (the municipalities act), declared the electoral process for the municipal councils and to elect councilors, including for mormugao municipal council. petitioner filed his nomination and in the election .....
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