Court : Mumbai Goa
..... in so far as the contention of shri pangam regarding applicability of municipal act and panchayat raj act is concerned, it will be appropriate to refer to section 10 of the goa (regulation of land development and building construction) act, 2008. ..... a perusal of sub-section (2) of section 10 would reveal that the said act has been given an overriding effect in so far as matter concerning development is concerned. ..... the third submission raised by shri pangam is that the subject of hoarding would be within the domain of the goa municipalities act and the goa panchayat raj act and, therefore, the regulations which are in conflict thereto have to give way to the provisions of the municipal act and the panchayat raj act are concerned. 5. ..... (2) notwithstanding anything contained in sub-section (1), such development permission and/or construction licence for building shall not get immunity if such development permission or construction licence is otherwise in accordance with this act and rules and regulations framed thereunder. 12. .....
Tag this Judgment!Court : Mumbai Goa
..... pangam, learned counsel for the petitioner read out the provision of section 25-n of the act and submitted that in terms of sub-section (4) the permission applied for by the petitioner by application dated 7.9.2007 has been deemed to have been granted on the expiration of the period of 60 days since the appropriate government or specified authority did not communicate the order granting or refusing to grant the permission to the petitioner ..... time of retrenchment, compensation which shall be equivalent to fifteen days' average pay for every completed year of continuous service or any part thereof in excess of six months." 9. from the impugned order dated 2.6.2008, it is clear that the application dated 7.9.2007 made under section 25-n of the act for permission to retrench 13 workmen including 10 operators and 3 packers was received by the appropriate authority under the said provisions ..... order dated 2.6.2008 passed by appropriate authority under section 25-n of the industrial disputes act, 1947 is ..... . from the above, it is clear beyond doubt that for no reason can an appropriate authority extend the time of 60 days either to grant or to refuse the permission asked for under sub-section (1) of section 25-n of the act and if no permission is granted within a period of 60 days, then permission applied for ..... exception to the order dated 2.6.2008 passed by the minister for labour, the appropriate authority under section 25-n of the industrial disputes act, 1947 ("the act" for short). 3. .....
Tag this Judgment!Court : Mumbai Goa
..... to understand the meaning of the words 'built-up area' in the context of the development permitted in the state, it would be also appropriate to consider the definition of the words 'built-up area' under the goa ( regulation of land development and building construction ) act, 2008 which reads thus : built-up area? ..... the open terrace area cannot form part of the built up area; in the result, the assessee would be entitled to deduction under section 80- ib(10) of the act and that the assessee would be entitled to proportionate relief as regards the units having built up area not more than 1500 square feet.............? ..... an order was passed under section 143(3) of the income tax act on 21.11.2008 on the returned income of rs.53,620/-. ..... it would be appropriate to note that the said definition of the words 'built-up area' was inserted by the finance act of 2004 w.e.f. ..... the learned counsel has thereafter taken us through the definition of the words 'built-up area' under the said act and pointed out that only the common open spaces are to be excluded for computing the 'built-up area' and not the exclusive ..... section 80-ib(10) of the income tax act reads as under : the amount of deduction in the case of an undertaking developing and building housing projects approved before the 31st day of march, [2008] by a local authority shall be hundred per cent of the profits derived in the previous year relevant to any assessment year from such housing project if,- (a)........... (i)............... .....
Tag this Judgment!Court : Mumbai Goa
..... in order to appreciate the rival submissions it would be appropriate to quote relevant articles of the contract dated 25.2.2008 entered into between the parties upon which reliance has been placed ..... according to learned counsel, legislature in its wisdom has not used the words cause of action in section 9 of the act and, therefore, the concept of cause of action is foreign to the arbitration proceedings under the act and the parties are free to agree to a place for the purpose of arbitration proceedings irrespective of the fact that whether the cause of action has arisen within the jurisdiction of that ..... made clear that the findings given in the order are for the limited purpose of deciding the issue of jurisdiction of the courts in goa to entertain the application under the act and the learned arbitrator is expected to adjudicate the reference on its merits uninfluenced by the findings given in this order. 35. ..... learned counsel further invited my attention to the paragraph 23 of the application filed by the applicant under section 9 of the act and submitted that the applicant had filed an application in the district court at margao solely on the ground that the parties accepted that the disputes were to be resolved by way of ..... counsel, the view taken by learned single judge in the case of kotak mahindra (supra) being the view taken in consonance with the act, no fault can be found with the learned district judge in rejecting the application on the ground of jurisdiction. .....
Tag this Judgment!Court : Mumbai Goa
..... department, visited the office of the court of the principal district judge at margao, and was informed that balance payment of any deficient court fee would require an appropriate court order and that a court order was required to be obtained before the deficient court fee could be accepted. 6. ..... cpc gives powers to the court to give time to the appellant to make up deficiency of court fee when the whole or any part of the fee prescribed under the court fees act to pay court fee on the memorandum of appeal (moa) but had not been paid while presenting the same; but the power of the court is one of discretion and not ..... filing clerk however stated that he was unable to accept the balance amount of rs.5/- without an appropriate court order and therefore a court order was required to be obtained before the balance amount ..... no doubt, the said applications filed by the respondents questioning the maintainability of the applications /petitions filed by the petitioners under section 34 of the arbitration act, 1996 were proceeded to hearing in respect of the grounds, on which the rejection of the said applications filed by the petitioners was sought, amongst which was the ..... the applicants state that when the petition was filed on 27-6-2008, the filing clerk in the court office, confirmed that the requisite court fees payable for an application under section 34 of the arbitration and conciliation act, 1996 was rs.20/-, accordingly, a court fee of rs.20/- was paid by affixing adhesive court .....
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..... there is no dispute about the fact that in the new regulations, titled the goa (regulations of land development and building construction) act, 2008 and the goa land development and building construction regulations, 2010, came into force on 8/11/2010. ..... section 9 of the goa land development regulations of the act of 2008 makes it clear that all the applications for land development permission or construction licence submitted before the date of commencement of regulations framed under section 7, in the present case the regulations of 2010, shall be considered as per the law applicable before the 2008 act came into force. ..... dated 20/8/2010 passed by the additional director of panchayat -ii, panaji-goa, whereby the learned additional director of panchayats ordered the village panchayat, that is, respondent no.1 to forward the application dated 10/2/2009 submitted by the petitioner for appropriate consideration and submission of report. 5. ..... before 2008 act, regulations of 1971 were in force. .....
Tag this Judgment!Court : Mumbai Goa
..... 6 obtained the approval and licence of the chief town planner of the town and country planning department, respondent no.4, (tp) under section 44 of the town and country planning act, 1974 (tp act) and the village panchayat curea, bambolim and talaolim, tiswadi, goa, respondent no.2, (vp) under regulation 83 of the goa, daman and diu village panchayats regulations, 1962 (vp ..... such circumstances, it would be appropriate to quash and set aside the revision of the plan by the authorities dated 16.09.2008 and any other sanctions ..... since the hotel construction actually came up in the latter part of 2010, the petitioners were only then put on their guard and acted with despatch in making the rti query with regard to the mef approval and challenging the aforesaid nocs of the vp and the tp for the hotel construction for the ndz within ..... issued by the vp, be it renewal or be it a fresh licence, dated 17th september, 2005 under the new no.613 (instead of 149) (p.48) as per plans attached, which never were, is sought to be acted upon by respondent no.6 since 2006 when respondent no.6 commenced its construction activity and 2008 when it claims to have completed it (but which claim is seen to be erroneous as shall be shown presently). 28. ..... . accordingly the court held at page 199 of the judgment that the combined effect of sections 43, 44 and 134 of the tp act led to the conclusion that after a village formed a part of a development area all developments or changes of user of land must conform .....
Tag this Judgment!Court : Mumbai Goa
..... of the commission shall be to (a) exercise superintendence over the functioning of the delhi special police establishment insofar as it relates to the investigation of offences alleged to have been committed under the prevention of corruption act, 1988 (2 of 1988), or an offence with which a public servant specified in sub-section (2) may, under the code of criminal procedure 1973 (2 of 1974), be charged at the same trial. ..... act, 1988, prior sanction has to be obtained for the purpose of prosecution of public servants, from the appropriate ..... examination, the deputy commissioner of customs (siib), for reasons recorded in his report dated 20/06/2008, taking note of the law laid down by the apex court, and the observations at ..... katiyar, vide his report dated 20/06/2008, upon consideration of the report prepared ..... the above, documents namely the report dated 20/06/2008 of the deputy commissioner of customs, circular ..... 25/4/2008 ..... registered on 25/4/2008 by the respondent as well as the ..... registered on 25/4/2008 as also against shri sanjay ..... registered on 25/04/2008 and the subsequent investigation, was forwarded firstly to the cbec, new delhi for its decision, in the matter of grant of sanction for ..... dated 25/4/2008 was lodged ..... registered on 25/04/2008 by the cbi( ..... 2008 ..... [(2008) 14 scc 1], relied upon by the learned senior counsel appearing on behalf of the petitioners, the apex court has held it cannot be said as an absolute proposition that under no circumstances can the ..... on 25/04/2008, is liable .....
Tag this Judgment!Court : Mumbai Goa
..... of the commission shall be to (a) exercise superintendence over the functioning of the delhi special police establishment insofar as it relates to the investigation of offences alleged to have been committed under the prevention of corruption act, 1988 (2 of 1988), or an offence with which a public servant specified in sub-section (2) may, under the code of criminal procedure 1973 (2 of 1974), be charged at the same trial. ..... act, 1988, prior sanction has to be obtained for the purpose of prosecution of public servants, from the appropriate ..... examination, the deputy commissioner of customs (siib), for reasons recorded in his report dated 20/06/2008, taking note of the law laid down by the apex court, and the observations at ..... katiyar, vide his report dated 20/06/2008, upon consideration of the report prepared ..... the above, documents namely the report dated 20/06/2008 of the deputy commissioner of customs, circular ..... 25/4/2008 ..... registered on 25/4/2008 by the respondent as well as the ..... registered on 25/4/2008 as also against shri sanjay ..... registered on 25/04/2008 and the subsequent investigation, was forwarded firstly to the cbec, new delhi for its decision, in the matter of grant of sanction for ..... dated 25/4/2008 was lodged ..... registered on 25/04/2008 by the cbi( ..... 2008 ..... [(2008) 14 scc 1], relied upon by the learned senior counsel appearing on behalf of the petitioners, the apex court has held it cannot be said as an absolute proposition that under no circumstances can the ..... on 25/04/2008, is liable .....
Tag this Judgment!Court : Mumbai Goa
..... following reliefs: (a) for a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction thereby commanding the respondent no.2 to immediately arrange for and set up a garbage dumping/ sanitary landfill and solid waste management site for the villages of colva, vanelim, sernabatim and gandaulim in accordance with the provisions of the goa non-biodegradable garbage (control) act, 1996 and the goa non-biodegradable garbage (control) rules, 1997. ..... costa frias, learned counsel for the petitioners has invited our attention to rule 6 of the goa panchayat (constitution, powers and functions of ward development committees and preparation of annual development plan) rules, 2008 ('the rules of 2008') which mandate the gramsabha to constitute two or more developments committees in every panchayat for different sectors of development. ..... (b) for a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction thereby commanding the respondent no.2 to immediately commence the process for constituting the ward development committees as per the goa panchayat (constitution, powers and functions of ward development committees and preparation of annual development plan) rules, 2008. ..... in view of the above, we direct respondent no.2 to constitute ward development committee in terms of rule 6 of the rules of 2008 within a period of three months and report compliance to this court, within a period of two weeks thereafter. .....
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