Court : Mumbai Goa
..... challenge the deduction of 50% of the wages earned by them which have been appropriated to the common victims compensation fund, which has been created under section 36-a of the prisons act, 1894, as amended by the prisons (goa amendment) act, 2005 and the rules framed there-under being the goa prisons rules, 2006. 2 ..... the inspector general of prisons has passed another order dated 12th august, 2011, setting out the aforesaid section of the prisoners act, as also relevant prisons rules which make it obligatory for all prisoners to contribute 50% share of their wages to the common victims ..... 36-a of the prisons act, 1894, as amended by the prisons act, 2005, runs thus : ..... therefore, argued that reparation to the individual victim is a must and payment generally to the fund or generally to the society is not contemplated under the act or the rules, because payment to the victim by the committee set up under the rules must be on case to case basis. ..... it is argued that since there is no identifiable victim of any prisoner or accused who is convicted under the ndps act, the person who has suffered any loss or injury by reason of the act of the accused is not shown and hence, no person and upon his death, his/her legal representatives can claim to be a victim ..... is defined as under: 'victim' means a person who has suffered any loss or injury caused by reason of the act or omission for which the accused person has been charged and the expression 'victim' includes his or her guardian or legal .....
Tag this Judgment!Court : Mumbai Goa
..... 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? ..... of the matter, the definition of built-up area as inserted in sub-section 14(a) of section 80-ib by finance no.2 act of 2004, which came into effect from 01.04.2005 cannot be held to be retrospective; it applies only to such housing projects, which are approved subsequent to 01.04.2005. ..... 3(a) insofar as balconies are concerned, prior to 01.04.2005, the area covered by them has to be excluded in calculating ..... in respect of approvals obtained prior to 01.04.2005, if such section 14(a) of section 80-ib is held to be applicable, then, the assessee has to necessarily seek for ..... valid approval is obtained and the building is constructed in all respects prior to 01.04.2005 and if the said substituted provision is held to be applicable retrospectively, the assessee would not be entitled to the benefit of tax exemption, if he effects sales subsequent to 01.04.2005. ..... after 01.04.2005, the authorities cannot add the balcony area to the built up area and deny the benefit ..... counsel appearing for the respondent that built-up area is to be calculated on the basis of the said definition cannot be accepted as it is not in dispute that the project of the appellant was approved much prior to 01.04.2005. .....
Tag this Judgment!Court : Mumbai Goa
..... which the appropriate government can lay down the guidelines is in the form of making rules under section 27 of the act to carry out the provisions of the act. ..... person who has been unable to submit a request to the pio because no such officer has been appointed or if the pio has refused to accept his application for information or an appeal under the act; or whether the person has been refused access to any information requested under the act or whose request has not been responded within the time specified under the ..... since the contention whether the petitioner is a public authority within the meaning of the rti act, is to be decided by the first appellate authority, it shall also decide all the contentions raised before it, in accordance ..... goa, dated 08.07.2010 for the purpose of holding that all the sports organizations (sports clubs/state sports associations) recognised by the sports authority of goa shall be covered under the provisions of rti act, 2005. ..... proceeded to decide the matter, apparently ignoring all the important safeguards enacted in section 11 of the act and peculiarly, inspite of coming to the conclusion that normally a complaint of such type made by ..... the writ petitioners goa cricket association, a society registered under the societies registration act, and its general secretary have challenged the order dated 07.10.2010 of the state chief information commissioner allowing the complaint ..... no sanctity of law under the right to information act, 2005 ('the act'). .....
Tag this Judgment!Court : Mumbai Goa
..... 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/- ..... 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. ..... 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. ..... state of gujarat, reported in (2005) 4 scc 789 has considered positive and negative factors to be taken into consideration while determining the amount of compensation, which are as follows:- positive factorsnegative factorsi smallness of sizei largeness of areaii proximity to a road.ii ..... 18 of the act at verbatim. 14 ..... 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. ..... 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
..... 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 ..... 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. ..... state of gujarat, reported in (2005) 4 scc 789 has considered positive and negative factors to be taken into consideration while determining the amount of compensation, which are as follows:- positive factorsnegative factorsi smallness of sizei largeness of areaii proximity to a road.ii situation in ..... by which the learned reference court has allowed the reference of the respondent under section 18 of the land acquisition act, ( the act ? ..... under section 18 of the act at verbatim. 14. ..... 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. ..... 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
..... 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 ..... words, the magistrate acting under the act of 2005 or the civil court is bound to take note of any order passed by the other forum/court, so that the relief can be appropriately moulded. ..... submission on behalf of the petitioner which is based on the conjoint reading of sections 20(1)(d), 26 and 36 of the act of 2005 is that, although a remedy may be available, both under the civil court and before the magistrate under the act of 2005, the aggrieved person cannot simultaneously pursue such remedy, and the party will have to elect. ..... provision for a summary and speedy remedy to the aggrieved person, when it provides under section 12(4) of the act of 2005 that the magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application and further section 12(5) of the act of 2005 provides that the magistrate shall endeavour to dispose of every application made under section 12(1), within a period of 60 days from the date ..... whether the aggrieved person/wife can pursue the claim for maintenance and custody of child before the civil court, as also before the magistrate under the act of 2005, cannot be decided on the basis of such hypothetical situation and it will have to be decided on the basis of the existing legal provisions. .....
Tag this Judgment!Court : Mumbai Goa
..... case, the appellants/accused do not surrender within a period of four weeks, the children's court shall take appropriate steps to take both the accused in custody to serve remaining sentences imposed on them. 30. ..... learned additional public prosecutor further submitted that this is not a fit case in which benefit of section 4 of the probation of offenders act, 1958 deserves to be granted to the accused considering the fact that both the accused have taken advantage of the minority of the victim girls and have committed the offence of kidnapping. ..... the court will be failing in its duty if appropriate punishment is not awarded for a crime which has been committed not only against the individual victim but also against the society to which the criminal and victim ..... de sa further submitted that considering the facts and circumstances of the case, benefit of section 4 of the probation of offenders act, 1958 deserves to be granted to both the accused inasmuch as the evidence itself suggests that both the accused did not misbehave with the victim ..... in this connection, it would be appropriate to quote paragraphs 8, 9 and 10 of the judgment of the apex court in the case of state of m.p. ..... object should be to protect society and to deter the criminal in achieving the avowed object of law by imposing appropriate sentence. ..... the conviction of the accused under section 8(1) of the goa children's act is absolutely not sustainable in law and is hereby set aside. ..... @ chamaru and another; 2005 cri. l. j. .....
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..... the petitioner in this petition is challenging the order passed by respondent no.1 i.e chief commissioner of india and also for a appropriate writ directing respondent no.1 to withdraw and cancel order dated october, 2005 and to waive interest amounting to rs.13,60,762/- ( rupees thirteen lakhs sixty thousand seven hundred and sixty two only) levied under section 234b of the income tax act and restrain respondent no. ..... personal hearing was given by the respondent no.1 and the application for waiver of interest levied under section 234b was rejected on 25.10.2005 which order has now been challenged in this writ petition. .....
Tag this Judgment!Court : Mumbai Goa
..... by the present appellant held that the said market value fixed by the reference court was just and appropriate in the facts and circumstances of the case and the said appeal was dismissed. 10. ..... the reference under section 18 of the act under land acquisition case no.11 of 2005 was filed by the communidade of cotombi and the reference court by judgment and award dated 30/8/2006 had fixed the rate of rs.30/- per sq.metre and ..... vide notification dated 1/6/1990 issued under section 4 of the land acquisition act, 1894 ( the act , for short), land was acquired for camp training of recruits of 3 mtr (2 stc) at cotombi in quepem taluka admeasuring 4876 sq.metres from the property bearing survey no.2/1 (part) of ..... learned reference court also awarded the other statutory benefits under the act and costs of rs.1000/- to be paid by the respondents ..... the offer of compensation made by the land acquisition officer, the applicant who was interested in the acquired land moved an application under section 18 of the act before the land acquisition officer and that gave rise to the land acquisition case no.12/2005. 7. ..... dispute between the communidade of cotombi and the present applicant, it has been ordered that the amount of compensation shall be paid on the basis of final adjudication of the said reference u/s 30 of the act, which is still pending. 11. ..... that the amount of compensation shall be paid on the basis of final adjudication of the reference under section 30 of the act, which is still pending. 9. .....
Tag this Judgment!Court : Mumbai Goa
..... in the facts of the case, the petitioner was entitled for the appropriate revision which was granted to the petitioner by the respondents-authorities. ..... benefit was given to the petitioner wrongly and if some mistake takes place in grant of pay scale/revision of pay scale, the university is not estopped from taking appropriate steps, by initiating recovery proceedings. ..... petitioner can get the increments in terms of the appropriate pay fixation. ..... we have perused the record placed before us, considered the provisions of the goa university act, 1984, statutes framed thereunder along with the amended statutes. 31. ..... it was submitted that the order dated 16th december, 2005 was passed after hearing the petitioner and even the first order dated 24th april, 2003 was passed after the petitioner was heard on 14th march, 2003. 13 ..... entitled to interfere with the internal administration of the university, notwithstanding the fact that the state government is the funding body unless and until the university statutes provide for the same or there is any act of legislation conferring that power on the state. 26. ..... the learned advocate contended that the university acted on the dictates of the state government ..... therefore, the university has acted strictly in accordance with law and the facts of the ..... would, therefore, be unenforceable in view of section 23 of the contract act, 1872. 23. ..... no.2 also filed affidavit-in-reply on 27th september, 2005. ..... budkuley, registrar of goa university on 19th april, 2005. .....
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