Court : Mumbai Goa
..... of the variance between the police statement and the examination-in-chief on material aspect, (about the witness having actually seen the assault), the prosecution wants to declare the witness as hostile and in such circumstances, appropriate orders may be passed. 8. ..... he submitted that under section 154 of the evidence act, the witness has to be declared as hostile and then only the cross-examination by the party, who brings the witness, can be allowed. 7. ..... subsection (2) of section 154 of the evidence act would show that this will not preclude such party from placing reliance on any part of such evidence. 11. ..... (iii) parties to act on the duly authenticated copy of the order. .....
Tag this Judgment!Court : Mumbai Goa
..... the order made by the magistrate under this act shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in the code of civil procedure, 1908 (5 of 1908), or any other law for the time being ..... for under sub-section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent: provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of ..... was placed on paragraph 9 of the judgment, which reads thus: it would thus be seen that through the intervention of the appropriate government, of course not directly, a very extensive machinery has been provided for settlement and adjudication of industrial disputes. ..... it is submitted that under section 23 of the act of 2005, the magistrate has an authority to grant appropriate interim and ex-parte orders and as such, the petitioner can always elect between the two remedies ..... they were married on 27.08.2008 and the marriage is registered in the office of sub-registrar of bardez at mapusa .....
Tag this Judgment!Court : Mumbai Goa
..... were not raised before the respondent no.1, in the interest of justice and taking notice of the fact that other judgment debtors are not present before this court, it would be appropriate to give an opportunity to the petitioners to file objections to the demand notice issued under rule 37(3)of the multi state co-operative societies act, within four weeks from today. ..... next contention of shri lawande, learned counsel appearing for the petitioners, i find it appropriate that on perusal of the provisions of section 84(4) and (5) of the multi state co-operative societies act, the procedure to be followed by an arbitrator is in terms of arbitration and conciliation act, 1996. ..... out that the execution which is contemplated under section 94 of the multi state co-operative societies act does not envisage any execution of an order passed in proceedings under section 84 of the said multi state co-operative societies act and, consequently, the order passed in execution proceedings are without any jurisdiction. ..... case of an award by arbitrator appointed under section 84 of the multi-state societies act, the law laid down in the case of paramjeet singh patheja (supra) will squarely ..... view of the production of the notification by shri mulgaonkar to the effect that by notification issued in february, 2003, the respondent no.1 was duly notified to perform the functions in terms of arbitration and conciliation act, 1996, in compliance of sub-rule (2) section 86 of the multi state co-operative societies .....
Tag this Judgment!Court : Mumbai Goa
..... has noted in paragraph 7 that it is only on allotment that shares come to existence and in every case the words "allotment of shares" have been used to indicate the creation of shares by appropriation out of the unappropriated share capital to a particular person. ..... query was raised by bench whether this was right issue or preferential allotment in view of the observations of the learned cit(appeals) that no outsiders had participated in such right and the assessee was required to file appropriate documentary evidence in this regard. ..... commssioner of income-tax and another, reported in (2008) 307 itr 312(sc), to point out how apex court has considered the provisions of companies act and gift tax act, and explained different meaning of phrases "transfer", "allotment" and "creation" ..... have already noted supra that the finding of section 4(1)(a) of the gift tax act recorded by cit(appeals) was not in question before the itat. 8. ..... observation needs to be appreciated in the background in the limited challenge placed before itat as the finding of cit(appeals) that section 4(1)(a) of the gift tax act had no application was not questioned by revenue. 6. ..... it is submitted that provisions of gift tax act and schedule (2) prescribed thereunder are very clear ..... is urged that therefore, the provision of section 4(1)(a) of the gift tax act,1958 are squarely attracted. ..... invited our attention to the finding recorded by cit(appeals) that provisions of section 4(1)(a) of the gift tax act are not attracted. .....
Tag this Judgment!Court : Mumbai Goa
..... of the said contention of both the learned senior counsels, it is accordingly clarified that the steps taken by the appellants in terms of the sarfaesi act by itself shall not prejudice the learned judge to decide the suit and the application for temporary injunction on its own merits in accordance with law. ..... , considering that the appellants would have to proceed after following procedure as laid down in the said judgment by the apex court and in terms of the provisions of the sarfaesi act, i find that the apprehension of the respondent no.1 that the appellants would forcibly dispossess them without taking recourse of law would not survive. ..... senior counsel appearing for the respondent no.1 has thereafter pointed out that the proceedings intended to be initiated by the appellants in terms of the sarfaesi act should not by itself prejudice the learned judge to decide the suit and the application for temporary injunction on its own merits. mr. ..... senior counsel appearing for the appellants has pointed out that in terms of the said act the appellants would proceed under section 14 of the sarfaesi act to adjudicate the claim of the respondent no.1 before the district magistrate and for appropriate relief. ..... claiming to be a lessee of such property and for other reasons filed a suit in terms of section 91(a) of the transfer of property act, inter-alia alleging that they have a right of redemption of the mortgage created by the respondent no.3 in favour of the appellants herein. .....
Tag this Judgment!Court : Mumbai Goa
..... wrongfully neglects or refuses to pay such price, the seller may sue him for the price although the property in the goods has not passed and the goods have not been appropriated to the contract. ..... as has been held by the first appellate court, in terms of section 20 of the said act, where there is an unconditional contract for the sale of specific goods in a deliverable state, the property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment of the ..... the term passing of the property stipulated under section 55 of the act is an abstract term and does not mean actual delivery of the ..... - (1) the seller of goods is deemed to be an" unpaid seller" within the meaning of this act- (a) when the whole of the price has not been paid or tendered; (b) whena bill of exchange or other negotiable instrument has been received as conditional payment, and the condition on which it was received ..... that the rights of the unpaid seller mentioned in section 46 of the said act are not in derogation of section 55 but are in addition to the same. ..... that unpaid seller is defined under section 45 of the said act and the rights of unpaid seller are enumerated in section 46 ..... that the plaintiff did not want to exercise his right under section 46 of the said act, but wanted to sue for price of the said equipment. ..... he read section 19 of the sale of goods act, 1930 (henceforth referred to as said act) and argued that the same pertains to the sale of specific .....
Tag this Judgment!Court : Mumbai Goa
..... tribunal and on receipt of such complaint, the arbitrator, labour court, tribunal or national tribunal, as the case may be, shall adjudicate upon the complaint as if it were a dispute referred to or pending before it, in accordance with the provisions of this act and shall submit his or its award to the appropriate government and the provisions of this ..... on 23/06/2011, the respondent filed a complaint under section 33-a of the industrial disputes act, 1947 (the act, for short) before the the trial court challenging the order dated 28/04/2011 passed by the assistant accountant of the petitioner. ..... dessai further alleged that the question whether assistant accountant had powers or not to make the deduction, was not the question to be decided under section 33-a of the act nor there was any relevance of that question in the matter. ..... thus, from the above provision of section 33-a of the act, it is clear that the complaint under the said provision can be made where there is contravention of the provisions of section 33 by the employer, during the pendency of the proceedings before the conciliation officer, board, arbitrator, labour ..... thus, the provisions of section 33(2)(b) of the act comes into play only if there is any misconduct and consequent discharge or dismissal from service or punishment on account of the same. ..... he submitted that even if the recovery was bad, then also, section 33-a of the act will not come into play. .....
Tag this Judgment!Court : Mumbai Goa
..... deeds be executed in favour of the petitioners in form k under section 8(3) of the mmdr act, and such lease deeds are executed by the state government in accordance with the directions of this court, the petitioners will not make any claim on the net proceeds of the ore directed to be appropriated by the state government, pursuant to the auction as set out in paragraph 71 of the judgment ..... the leases will relate back to the year 2007, the judgment and order of the supreme court in writ petition (c) no.435/2012, as stated in para 68 ordering appropriation to the state government of the sale proceeds of iron ore, will stand and be abided by all the lessees, including the petitioners herein. 18. ..... held as follows : 24...the law may, therefore, now be taken to be settled as a result of this decision, that where the government makes a promise knowing or intending that it would be acted on by the promisee and, in fact, the promise, acting in reliance on it, alters his position, the government would be held bound by the promise and the promise would be enforceable against the government at the instance of the promise, notwithstanding that there ..... we dispose of the writ petitions by passing the following order : (i) the respondent state of goa is directed to execute the lease deeds under section 8(3) of the mmdr act in favour of the petitioners/lease holders who/which have already paid the stamp duty pursuant to the orders of the government, in accordance with the goa mineral policy, 2013 .....
Tag this Judgment!Court : Mumbai Goa
..... it is submitted that the petitioner had specifically denied that the receipts produced alongwith the petition were issued by her husband and in that view of the matter, it was necessary for the commissioner to conduct appropriate enquiry and frame proper points and then decide the matter. 10. ..... solemnized under communiao dos bens or communion of assets governed by the provisions contained in articles 1098 and 1108 of the portuguese civil code, 1860 and by virtue of the said provision and section 5a of the income tax act, 1961, the petitioner had an equal share in the income/profits made by her husband from his business. ..... it appears that the second respondent obtained certain information under right to information act about the payments made to the persons from whom the sound system was hired for the gram sabha meetings for the past two years. ..... to a query, whether there are any rules governing the procedure to be followed by the state election commissioner, while conducting an enquiry under section 10(f) of the act of 1994, it was submitted at the bar that, there are none. ..... it is submitted that the receipts dated 03.03.2015, 31.07.2014 and 12.11.2014, which were produced alongwith the petition, were obtained by the second respondent by taking recourse to the right to information act and they being official documents could not be doubted. ..... it was also held that prohibition in section 10(f) of the act of 1994 should not receive unduly narrow or restricted construction. 14. .....
Tag this Judgment!Court : Mumbai Goa
..... to objections received in terms of the said government notification; that the petitioner was at all stages kept informed about the proceedings under section 48 of the act; that even otherwise, the petitioner is neither the necessary nor proper party to the proceedings under section 48 of the act and in fact the petitioner, and respondents no.1 and 2 and 8 are all instrumentalities of the government of goa insofar as the acquisition in question is ..... compensation awarded in their favour, however, upon consideration of the submissions, in my considered view the moot question that arises in the present petition, is whether notice of the proceedings under section 48(2) of the act was required to be given to the petitioner before determination of the questions involved in the said proceedings and before passing the award dated 27/12/2012. 20. ..... was found that the notification under section 6 of the act made it very clear that the acquisition was at the cost of state government and the same was made and completed prior to 01/04/2008 and, therefore, going by the government resolution dated 12/02/2008, the compensation and enhanced compensation was payable by the state ..... to make appropriate order regarding the ..... vitiated by fraud, collusion or corruption, the beneficiary is entitled to challenge it in the writ petition apart from the settled law that the conduct of the collector or civil judge is amenable to disciplinary enquiry and appropriate action. ..... of title before the appropriate forum. .....
Tag this Judgment!