Court : Mumbai Goa
..... is sufficient ground for proceeding against the accused; (6) where there is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the code or the concerned act, providing efficacious redress for the grievance of the aggrieved party; (7) where a criminal proceeding is manifestly attended with mala fide and/or where the ..... therefore, the observations in the case of bhajan lal (supra) are more appropriately applicable to the facts of the present case. ..... 1 to 4 have not followed the procedure and they have given some concession to the present petitioner even then such act could give rise only to initiate departmental inquiry but in any way no criminal liability can be fasten upon the accused in absence of a specific allegation in reference to the cheating or corruption. ..... so deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionally induces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to cheat ?. 15. .....
Tag this Judgment!Court : Mumbai Goa
..... thereafter that the petitioner approached the learned district magistrate under section 14 of the act of 2002, for appropriate measures, steps and assistance for obtaining the possession of the secured assets. ..... iii) the application filed by the petitioner under section 14 of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, is restored to the file of the district magistrate collector, south goa, district margao, for disposal in accordance ..... submitted that in the present case, the reference before the bifr was disposed of before the petitioner took recourse to the provisions of the act of 2002, and in that view of the matter the provisions before the district magistrate would not be competent. ..... that the petitioner has considered the objections raised on behalf of the respondent nos.3 to 5 and have also communicated the reasons for their refusal, to act on the same by the communication dated 30th april, 2012, which is sufficient compliance of the matter. 8. ..... parties and on perusal of impugned order and the record, it does appear that the only reason for which the learned magistrate has refused to entertain the application under section 14 of the act of 2002, is that the petitioner has obtained symbolic possession of the secured assets. ..... reported in air 2008 orissa 103, in order to submit that when the company has already been declared a sick industrial company, the proceedings under section 13(4) of the act of 2002, would .....
Tag this Judgment!Court : Mumbai Goa
..... there is an arbitration agreement between the parties, and even if the dispute is covered by the arbitration agreement, the court where the civil suit is pending, will refuse an application under section 8 of the act, to refer the parties to arbitration, if the subject-matter of the suit is capable of adjudication only by a public forum or the relief claimed can only be granted by a special court or tribunal. ..... while considering an application under section 11 of the act, the chief justice or his designate would not embark upon an examination of the issue of arbitrability or appropriateness of adjudication by a private forum, once he finds that there was an arbitration agreement between or among the parties, and would leave the issue of arbitrability for the decision of the ..... earlier, the normal rule is that a dispute in a petition which is properly brought under section 397/398 read with section 402 of the companies act cannot be referred to arbitration, except a small window where the petition is shown to be malafide and dressed up to avoid the arbitration clause. ..... was contended that the action for oppression and mismanagement under sections 397 and 398 read with section 402 of the companies act, 1956 (the companies act, for short), is required to be adjudicated by the clb and the dispute cannot be said to be arbitrable in nature ..... also not called for annual general meeting from the year 2008 onwards and the petitioner no. ..... the respondent on 24.09.2008 entered into a mou with the .....
Tag this Judgment!Court : Mumbai Goa
..... been that the application, filed by the petitioner before the assistant registrar of co-operative societies under section 91 of the maharashtra co-operative societies act, 1960 as applicable to the state of goa at the relevant time (hereinafter referred to as the mcs act, for short), does not raise any dispute under section 91 and is, therefore, not tenable before the assistant registrar of co-operative societies ..... is confined to only the question as to whether or not the dispute raised herein is the one contemplated under section 91 of the mcs act and all contentions of the parties on merits of the case, are kept open, which shall be decided in accordance with law, by ..... the ground that the issue involves complicated question of law and fact which ought to be decided by a civil court, as provided under subsection (2) of section 93 of the mcs act, the co-operative court, in its discretion, may suspend the proceedings till the issue is tried and decided by a regular civil court. ..... . it is his case, as seen from his reply dated 25/02/2002 given to notice dated 06/02/2002 issued under section 91(2) of the mcs act by the respondent no.2, that the building was constructed by he himself and his co-owners on the land belonging to all of them and these flats ..... the petitioner against respondents 1 and 2 is not a dispute triable under section 91, maharashtra co-operative societies act, and hence the dispute be returned back to the petitioner society for filing before the appropriate court. .....
Tag this Judgment!Court : Mumbai Goa
..... /orders came to be quashed and set aside and the matter was remanded back to the trial court/district court for deciding the application under section 14 of the limitation act on merits after hearing both the parties and in case the delay was condoned the case was to be decided on merits after hearing all the concerned parties. ..... all the judgments/order and remand all these cases back to the trial court/district court for deciding the application under section 14 of limitation act on merit after hearing both the parties and in case the delay is condoned then the case should be decided on merits after hearing all ..... having heard the learned counsel and on perusal of the record it would be appropriate to subscribe the relevant portion of the judgment of the apex court dated 5/07/2006 passed ..... aside the impugned judgment dated 28/01/2009 and remand the matter back to the learned district judge to decide the objections filed by the appellants under section 34 of the said act afresh after hearing the parties in accordance with law. 8. ..... the judgment of the apex court and effect thereof and has erroneously refused to decide the objections raised by the appellant under section 34 of the arbitration act, 1996 afresh on merits after hearing the parties. ..... that the learned judge whilst passing the impugned order though has condoned the delay in filing the objections, in view of the provisions of section 14 of the limitation act, 1963, nevertheless failed to adjudicate the dispute on merits. .....
Tag this Judgment!Court : Mumbai Goa
..... learned counsel submits that thus, it was appropriate on the part of the pio to have waited for the decision of this court and merely because, there was no stay granted by this court, would not make the act of respondent no. ..... my considered view, the question whether the imposition of the penalty at the rate of rs.250/- per day is mandatory or whether the commission can in appropriate cases reduce the amount will have to be deferred to a future appropriate occasion. ..... opinion, it would not be necessary to go into the larger question, as to whether under section 20 of the act, the state commission can reduce the penalty, because it would be largely academic, in the facts of the case. ..... was required to supply the copies of the leave applications dated 08.02.2008, 12.03.2008, 13.03.2008, 14.03.2008, 03.04.2008 and 04.04.2008. 4. ..... as found by the state commission, is only about failure in informing about the changes, which had taken place on 26.09.2008 and not about the supply of information. ..... the state commission had passed an order on 31.12.2008, directing the supply of information in respect of the third ..... to bring to the notice of the state commission the change effected from 26.09.2008, in which the respondent no. ..... learned counsel has pointed out that the state commission basically found that there was non communication of the change, which had taken place on 26.09.2008, in which the respondent no. ..... 2008 ..... on 31.12.2008, the state commission directed that the information be furnished within ten .....
Tag this Judgment!Court : Mumbai Goa
..... gadia (supra) in para 11, this court has observed that the high courts have power to grant bail even in case of detention and in appropriate cases high court is entitled to pass order of bail. ..... the learned senior counsel further submitted that in a petition challenging the detention under the act, this court is not precluded in granting bail by placing reliance upon the judgment of the apex court in the case of additional secretary to the government of india and others ..... since in the present case, there is a breach of mandatory provisions of the act, in our opinion this is a fit case in which the petitioner deserves to be released on bail on terms and conditions. ..... of the said order, the petitioner has been detained and kept in central jail, aguada in order to prevent the petitioner from acting in any manner prejudicial to the maintenance of public order. ..... since there is a breach of mandatory provisions of the act, prima facie, in our opinion the detention of the petitioner is illegal and therefore, it would be unjust to continue the detention of ..... no dispute that the petitioner has been detained under the national security act and as such the detention is without trial. ..... there is a clear breach of sub-section (5) of section 3 and section 11 of the act which are mandatory in nature. ..... petition, the petitioner challenges the order dated 13.02.2013 passed by respondent no.1 in exercise of the powers conferred under section 3(2) of the national security act, 1980 ("the act" for short). .....
Tag this Judgment!Court : Mumbai Goa
..... the local authority, as the case may be, may specify in this behalf; (ii) in relation to a factory, the owner or occupier of the factory and where a person has been named as the manager of the factory under the factories act, 1948 (63 of 1948), the person so named; (iii) in relation to a mine, the owner or agent of the mine and where a person has been named as the manager of the mine, the person so named; (iv) in ..... - every principal employer of an establishment to which this act applies shall, within such period as the appropriate government may, by notification in the official gazette, fix in this behalf with respect to establishments generally or with respect to any class of them, make an application to the registering officer, in such form and ..... nadkarni, learned counsel appearing on behalf of the petitioner read out the provision of section 29 of the act and pointed out that the inspection was carried out by the complainant, who is inspector or authorised officer on 24/01/2012, but the complaint ..... sebastian, labour enforcement officer (central), vasco-da-gama, who is an inspector under the act, had inspected the establishment of the accused at vaddem, vasco-da-gama, goa on 01/02/2012 and had observed that ..... limitation of prosecutions - no court shall take cognizance of an offence punishable under this act unless the complaint thereof is made within three months from the date on which the alleged commission of the offence came to the knowledge of the inspector or authorised person .....
Tag this Judgment!Court : Mumbai Goa
..... or bodily injury to any person including occupants carried in the insured vehicle (provided such occupants are not carried for hire or reward) but except so far as it is necessary to meet the requirements of motor vehicles act, the company shall not be liable where such death or injury arises out of and in the course of the employment of such person by the insured. ..... apex court noted that the trial court was required to apply principle underlying burden of proof in terms of the provisions of section 106 of the evidence act and finding of dead body wrapped in a blanket in early hours, was required to be proved by the respondent-road transport corporation. ..... by this appeal filed under section 173 of the motor vehicles act, the claimants question the judgment dated 24.09.2008 delivered by motor accident claims tribunal, south goa, margao, in claim ..... i find it appropriate to refer to those judgments as and when occasion therefor ..... further states that proceedings filed were under section 166 of motor vehicles act and, therefore, future potentials and dependency of claimants on deceased also need ..... draws support from the judgment of the honourable apex court reported at (2008) 7 scc 428, in the case of oriental insurance company limited ..... by inviting attention to the provisions of section 147 of the motor vehicles act, learned counsel has submitted that in any case, the deceased could not have been recognised as third party and, therefore, the mact should not have taken cognizance of the .....
Tag this Judgment!Court : Mumbai Goa
..... such power can be exercised in appropriate cases depending upon the facts and circumstances of each case. ..... it is submitted by shri rivankar, the learned public prosecutor that in view of the fact that the parties have amicably settled the disputes and differences, appropriate orders be passed. 9. ..... in appropriate cases, in respect of offences which do not involve any public law element. ..... or under special statutes like prevention of corruption act or offences committed by public servants. .....
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