Court : Mumbai Goa
..... thus, the administrative tribunal found that the order was absolutely cryptic and in that view of the matter, held that it would be appropriate to remand the matter to the rent controller, for giving hearing to the respondent no.1 (appellant before the administrative tribunal) and making them party thereto. ..... it was urged on behalf of the petitioner that this court may itself consider the case set out by the first respondent and the decision in the second appeal no.89/2008, in order to decide whether the order of remand can be sustained or whether the order of the rent controller needs to be restored. 20. ..... in view of the said amendment, the appeal will have to be sent back to the appellate board (see section 45 and section 45a of the act), as the appellate jurisdiction has been since transferred from the administrative tribunal to the appellate board. 22. ..... the petitioner filed an application under section 22(2)(b) of the goa, daman and diu buildings (lease rent and eviction) control act, 1968 (the act, for short) against shyamsundar for eviction on the ground of subletting. ..... the proviso appended to section 51 of the act says that where such sub-tenancy is created with written consent of the landlord, the sub-tenant shall be necessary party. ..... section 51 of the act provides that the order of eviction of a tenant passed under the act shall be binding on subtenant/s, whether they were parties to the proceedings or not, provided that such order was not obtained by fraud or collusion. .....
Tag this Judgment!Court : Mumbai Goa
..... it is further seen from the impugned order that the learned civil judge has also not considered the aspect of bar of suit in view of the provisions of section 226(2) of the goa panchayat raj act, 1994 when this section requires the parties to obtain previous sanction of the zilla panchayat for filing the suit against the chief executive officer or the secretary or any officer of the panchayat or the panchayat ..... this aspect of the matter, if raised, would also have to be decided appropriately by the learned civil judge. 7. ..... whatever might be the case, the fact remains, and it can be seen from the impugned orders that the reason that it is the own case of the petitioner/defendant that some of its agents or officers illegally acted in granting lease of the subject shop, was the basis for rejection of the application. ..... the use of word "attorney" is a mistake on the part of the learned civil judge and she should have referred to the word "administrator" because the paragraph 1 of the application states that the administrator of the petitioner acted illegally, when the lease of the subject shop was granted to the respondent. 4. ..... he further submits that it was nobody's case that the attorney of the petitioner did not act in good faith. 3. .....
Tag this Judgment!Court : Mumbai Goa
..... the sale deed considered by the reference court is of dated 13.12.2003 and notification under section 4(1) of the act was published on 29.12.2005, therefore, the learned reference court has made appropriate additions while determining the compensation. 19. ..... being aggrieved with the same, the applicant made a reference under section 18 of the land acquisition act on the grounds that the acquired land has building potentials and similar land in the locality was sold at rs.300/- per square metre. ..... 35/2010 by which the learned reference court has allowed the reference of the respondent under section 18 of the land acquisition act, ( the act for short) and enhanced the compensation to the extent of rs.202/- per square metre. 2. ..... the respondent issued and published notification dated 29.12.2005 under section 4(1) of the act and notification under section 6 of the act was issued on 18.8.2006. ..... reference under section 18 of the act at verbatim. 14. ..... 11 and his oral evidence in the form of contents of affidavit are on the line of the contents of the reference under section of 18 of the act. ..... evidence is produced by the applicant and, therefore, the learned reference court has rightly determined the compensation and additions as the sale deed executed was two years prior to the notification under section 4(1) of the act. 12. .....
Tag this Judgment!Court : Mumbai Goa
..... the complainant is not found to have slept over his rights and had acted diligently in not waiting too long for such an intimation being received, can, in appropriate case, set this as a ground along with other attending circumstances. ..... the hon'ble apex court in the case of krishna janardan bhat (supra), has inter alia, held that the provisions under section 139 of the act have been inserted to regulate the growing business, trade, commerce and industrial activities in the country and strict liability to promote greater vigilance in financial matters and to safeguard the faith ..... if he does not draw the presumption of due service at the appropriate time by being indifferent to his own rights, such a complainant may not be justified in insisting that the presumption of due service can be drawn only if and when he gets the notice ..... of a mandatory presumption "the burden resting on the accused person in such a case would not be as light as it is where a presumption is raised under s.114 of the evidence act and cannot be held to be discharged merely by reason of the fact that the explanation offered by the accused is reasonable and probable. ..... that affords a cause of action to the payee to file the complaint which under section 142(b) of the act has to be filed within a period of one month from the accrual of cause of action namely, the nonpayment of the amount by the drawer within ..... and chemicals and another, reported in 2008(2) scc 321, the cheque was for ..... reported in air 2008 sc 1325, in .....
Tag this Judgment!Court : Mumbai Goa
..... iii) it will also be open for the trial court to draw appropriate adverse inference, if any, on account of the failure of the petitioner to subject himself to further cross-examination, which can be done at the final disposal of the suit. ..... it would be open for the learned trial court to pass appropriate orders closing the deposition of pw-1 in view of his failure to attend for subjecting himself to further cross-examination. ..... order proceeds on the erroneous assumption that breach of the order recalling a witness would entail consequences under order 39 rule 11 of the code of civil procedure when, in fact, this may only result in the court drawing appropriate adverse inference (in the event the witness remains absent). ..... for the present purpose suffice it to mention, that in the present case the only course open to the respondents/defendants in this case would be to insist for drawing appropriate adverse inference, if any. 7. ..... the court in adversarial litigation only acts on the basis of the request by one of the parties seeking to recall a witness for subjecting such witness for cross-examination. ..... section 120 of the evidence act shows that the parties to the civil suit and their wives or husbands shall be competent witnesses. .....
Tag this Judgment!Court : Mumbai Goa
..... on going through the impugned order as well as the copy of the deposition, in particular the cross-examination of pw2 navratan singh, i find that certain aspects of section 65-b of the indian evidence act ought to have been considered by the trial court and even if they were considered by the trial court, at least, there is no reflection of the same in the impugned order or in the recording of the evidence of pw2, ..... order of the trial court in directing marking of the documents in the nature of electronic or computer record as exhibit 137 colly shall be subject to objections of the petitioners taken by them under section 65-b of the indian evidence act and same shall be dealt with by the trial court at the time of final hearing in accordance with law. ..... the fact that the cross-examination of pw2, navratan singh is still underway, it would be appropriate to make order of the trial court exhibiting the documents in the nature of electronic or computer record at exhibit 137 colly as subject to objections raised by the petitioners in the light of the provisions of section 65-b of the indian evidence act. ..... raised by the petitioners purely relate to the law points, which are required to be appropriately dealt with by the trial court. ..... in the way of the petitioners in putting questions to pw2, navratan singh in his cross-examination touching upon the admissibility of these documents in evidence, in view of various conditions laid down in section 65-b of the indian evidence act. 7. .....
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
..... petitioners seek the following reliefs : (a) this court be pleased to issue a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction, quashing and setting aside the impugned judgment and order dated 08/02/2012 (annexure d to the petition); (b) this court also be pleased to issue an appropriate writ, order, declaration or direction that article 30 of the devasthan regulations is ultra vires to the constitution of india. 4. ..... that the matter pertains to elections to the management committee of devasthan, we deem it appropriate to direct the tribunal to dispose of the appeal expeditiously and in any case on ..... petitioners to article 30 of the devasthan regulations on the ground that it is ultra vires the constitution of india since no procedure has been prescribed under article 30 for disposal of the appeal is concerned, we do not deem it appropriate to go into this challenge in the present writ petition. ..... submitted that the judgment delivered by the learned single judge in the case of pradeep sangodker (supra) is clearly binding on the tribunal and the tribunal has acted in clear breach of the directions given by the learned single judge of this court. ..... petitioners have been the members of the management committee of devasthan since 2008 and by virtue of the interim orders, they continue to be ..... commissioner of income tax dated 14/11/2008 delivered by the division bench of ..... post of president of devasthan for the period 2008 to 2010. .....
Tag this Judgment!Court : Mumbai Goa
..... the said judgment of the learned division bench of this court and without going into the merits of the dispute between the parties, as the time taken to pass the impugned judgment is grossly unreasonable, i find it appropriate that the impugned judgment passed by the tribunal be quashed and set aside and the matter be remanded to the learned tribunal to decide the appeals preferred by the petitioners afresh in accordance with law. 9. ..... perusal of the rojnama dated 16/06/2010 discloses that ballot boxes were not opened and it was observed that the ballot boxes would be opened at the appropriate time at different stages as required by the tribunal. ..... in order to appreciate this argument, it would be appropriate to refer to the judgments relied upon by the parties. 18. ..... the petitioners have been the members of the management committee of devasthan since 2008 and by virtue of the interim orders, they continue to be so till date. ..... the tribunal having acted in breach of principles of natural justice, the judgment and order which affects the rights of the petitioners, is liable to be quashed and set aside. 21. ..... thus, the tribunal acted clearly in breach of the principles of natural justice by opening the ballot boxes, in the absence of the parties. .....
Tag this Judgment!Court : Mumbai Goa
..... crz-iii zone shall be issued or granted, and no new structure of whatsoever nature shall be allowed to be constructed in crz-iii zone, except repairs and renovation of the existing houses which shall be subject to the appropriate order on completion and result of the survey and inquiry to be held as directed above and this should be specifically stated in the licences to be granted for the purpose of repairs and/or renovation of the existing houses. ..... which is filed under article 226 of the constitution of india, the petitioner which is a company running a five star resort is seeking an appropriate writ, order or direction for quashing and setting aside the order dated 30th november, 2012 issued by respondent no.3- village panchayat of majorda-utorda- ..... to conduct inquiry and fix responsibility for the violation of the crz notification in relation to clause-iii of crz-iii zone and to take appropriate action against the persons responsible for such violation of the provisions of the environmental protection act and the said notification in relation to the crz-iii zone. ..... open plots in crz-iii zone which are available for construction of hotels and to frame appropriate policy/regulation for utilization thereof before they are being allowed to be utilised for such construction ..... of the petitioner that such a permission has been granted to the petitioner for erecting temporary shack in survey no.46/1 of village utorda for the tourist season 2008-09, 200-10 and also up to 31st may, 2011. .....
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