Court : Mumbai Goa
..... ,(supra), the apex court has observed that providing an escalation of 7.5% per annum over the 1987 price would be sufficient and appropriate to arrive at the market value of the acquired lands in 1994. ..... vide notification published under section 4(1) of the land acquisition act, 1894 (l. a. ..... act. ..... act. 26. ..... act. ..... act should not be relied upon. ..... act is 27/8/1987, which means that there is a gap of about five and half years. ..... act, the same could not have been relied upon. ..... act before the l.a.o. ..... act, for short), in the official gazette dated 27/8/1987, land was acquired for improvement and black topping of gorvotte road in v. p. .....
Tag this Judgment!Court : Mumbai Goa
..... in case claims put forward by the appellant are independent from the claims which were earlier raised before the earlier arbitrator which otherwise would have been adjudicated, i find it appropriate that as far as the said two claims are considered referred to herein above the learned arbitrator be directed to decide the said claim afresh after hearing the parties in accordance with law ..... to examine such contention it would be appropriate to consider the text of the notice issued by ..... come to such conclusion as according to him such claims were not available to the appellant and this court whilst referring the matter to arbitrator under section 11 (6) of the arbitration and conciliation act, 1996 has clearly held that these differences were not part of the earlier award. ..... in view of the above, following order is passed : order (i) the impugned award dated 2/03/2005 as well as the judgment and order dated 30/04/2009 passed by the learned principal district judge, north goa at panaji in civil miscellaneous application no.100/2007 ..... even, on perusal of the order passed by this court while disposing of application under section 11 (6) of act of 1988 this court has clearly observed that the two claims put forward by the appellant were not decided by the arbitrator ..... the above appeal challenges an award passed by the sole arbitrator dated 2/03/2005 as well as the judgment and order dated 30/04/2009 passed by the learned principal district judge, north goa at panaji in civil miscellaneous .....
Tag this Judgment!Court : Mumbai Goa
..... , (supra), the apex court has observed that providing an escalation of 7.5% per annum over the 1987 price would be sufficient and appropriate to arrive at the market value of the acquired lands in 1994. ..... vide notification published under section 4(1) of the land acquisition act, 1894 (l. a. ..... act. ..... act. 26. ..... act. ..... act should not be relied upon. ..... act is 27/8/1987, which means that there is a gap of about five and half years. ..... act, the same could not have been relied upon. ..... act before the l.a.o. ..... act, for short), in the official gazette dated 27/8/1987, land was acquired for improvement and black topping of gorvotte road in v. p. .....
Tag this Judgment!Court : Mumbai Goa
..... court and directed the learned special judge to hear the applicants before passing the order regarding framing of the charge and also consider the application dated 21.03.2005 and pass an appropriate order. 9. ..... manmohan singh and another, (2012) 3 scc 64, that no such sanction is necessary as the act of entering into criminal conspiracy cannot be said to be done, prima facie, in discharge of official duty and rightly so. 24. ..... it appears that the application dated 21.03.2005 was considered by the learned special judge after hearing both parties and by an order passed on 22.05.2015, he rejected the application. ..... and section 12 of the prevention of corruption act, 1988 (hereinafter referred to as p.c. ..... act is not required for the offence punishable under section 12 of the said act. ..... there was also previously filed application dated 21.03.2005 by applicant no. ..... and section 12 of the prevention of corruption act, 1988. 3. ..... act. ..... act. ..... act. ..... act is required only when the alleged offences are punishable under sections 7, 10, 11, 13 and 15 of the p.c. ..... act or under section 197 cr.p.c. ..... act or under section 120-b of i.p.c. ..... act are established. ..... act against both the applicants. ..... act was not required and accordingly quashed and set aside the orders discharging the applicants. ..... act, sanction as contemplated under section 19 of the p.c. ..... act was obtained by the prosecution before or at the time of filing of the charge sheet. ..... act, for short). .....
Tag this Judgment!Court : Mumbai Goa
..... the plaintiff, further argued that the point whether the sale deed dated 10/6/1999 is contrary to the provisions of section 13-a of the agricultural tenancy act would not be of much relevance since even if the title had passed from one landlord to another, the tenancy of the plaintiff will not extinguish ..... notice under subsection (1) for determining the price whereupon the collector shall determine the same in the prescribed manner in accordance with the principles laid down in the land acquisition act, 1894 and the price so determined by the collector shall be deemed to be the price specified in the notice under sub-section (1). ..... even if it is held that the said sale deed is not contrary to the provisions of section 13-a of the agricultural tenancy act, since no person other than a tenant is involved in the said sale transaction, then also the sale cannot become valid since it is proved that the said portion ..... (7) government may, subject to due appropriation being made in this behalf, grant on such terms as may be prescribed, a loan to a tenant for the purchase of any land in respect of which a notice has been ..... into by the respondent with the so called landlord during the pendency of the suit, contrary to the provisions of section 13 of the agricultural tenancy act, would invest any title in the respondent, in view of the provisions of section 13-a of the agricultural tenancy act, which made the tenant deemed purchaser of the lands held by them w.e.f 20/4/1976? 8. mr. s. d. .....
Tag this Judgment!Court : Mumbai Goa
..... appears that the petitioner along with others had filed proceedings before the joint mamlatdar at pernem under section 8-a of the goa, daman and diu agricultural tenancy act, 1964, (act of 1964, for short), claiming certain reliefs and had sought injunction against dispossession, claiming to be tenants. ..... as the authorities failed to take appropriate action, the petitioner filed a complaint purportedly under section 156(3) ..... that the first respondent had obtained a permission under section 17-a of the town and country planning act, 1974 (act of 1974, for short), for filling of the low lying land. ..... not in dispute that the first respondent has been granted a permission under section 17-a of the act of 1974 on certain conditions for filling of up the land in property bearing survey no. ..... maria luiza quadros had obtained permission under section 17-a of the act of 1974 on 11.03.2011 and the same alongwith the complaint was forwarded to the office of the deputy ..... the petitioner, the illegal activities and excavation of earth carried on by the first respondent are in breach of section 17-a of the act of 1974 and amount to a cognizable offence under section 17-b thereof. ..... submitted that in the absence of any permission of any hill cutting, a clear case of commission of cognizable offence under section 17-b of the act of 1974 has been made out. ..... it is submitted that section 17-a of the act of 1974 makes a distinction between the activity of cutting of any hilly or sloppy land and filling up of any .....
Tag this Judgment!Court : Mumbai Goa
..... of the parties open on merits, i find it appropriate that the impugned order passed by the learned judge deserves to be quashed and set aside and the learned judge be directed to consider the application filed by the petitioner under section 152 of the civil procedure code afresh after considering that the application was already pending before the learned judge filed under section 17 of the arbitration act, 1940, which was not disposed of. 9. ..... that as it may, it is not in dispute that an application was already filed by the petitioner under section 17 of the arbitration act, 1940, way back in the year 1992 before the award of the arbitrator was made the rule of the court. ..... in the meanwhile, the petitioner also filed an application dated 06.11.1992 under section 17 of the arbitration act, 1940, inter alia, claiming that whilst making the award the rule of the court, interest should be awarded from the date of the decree upto actual ..... learned counsel relied upon the judgments of the apex courts reported in (2005) 3 scale 402 in the case of state of rajasthan vs. m/s ..... nav bharat construction co, and (2005) 12 scc 273 in the case of c. ..... order passed by the learned civil judge, senior division at quepem, dated 22.02.2000, whereby an application filed by the petitioner under section 152 of the civil procedure code to award interest in terms of section 29 of the arbitration act, 1940, came to be rejected. 3. ..... advocate has relied upon the judgment of the apex court reported in 2005 (7) s.c.c. .....
Tag this Judgment!Court : Mumbai Goa
..... it is further seen that without giving any appropriate reasons, the learned additional sessions judge has opined that the incident took place in a sudden fight and in the spur of moment and that the accused persons can be presumed to have assaulted the deceased with knowledge that the acts are likely to cause his death but without intention to cause death or such bodily injury as was likely to cause death. ..... in a sudden fight and on the spur of moment and that the accused persons had no intention to cause death of their brother/brother-in-law and they can be presumed to have assaulted him, with knowledge that their acts are likely to cause his death, but without any intention to cause death or such bodily injury as was likely to cause death. ..... the said point as to whether the act of the accused persons amounts to murder or to the offence under section 304 of i.p.c. ..... , it has to be established that the act was committed without premeditation, in a sudden fight in the heat of passion upon a sudden quarrel without the offender having taken undue advantage and not having acted in a cruel or unusual manner. ..... the question is whether the act of the accused persons amounts to murder or culpable homicide not amounting to murder. ..... says that culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner. 12. .....
Tag this Judgment!Court : Mumbai Goa
..... section 149 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 as of ..... 's legal 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. ..... the 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 of ..... 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 ground of non ..... reasons, according to the petitioners, the proper court fee in respect of all the applications filed by them under the arbitration act, 1996 was not paid, the order passed by the learned district judge directing cross-examination of the petitioners' witnesses/ deponents ..... 2005 .....
Tag this Judgment!Court : Mumbai Goa
..... of the parties open on merits, i find it appropriate that the impugned order passed by the learned judge deserves to be quashed and set aside and the learned judge be directed to consider the application filed by the petitioner under section 152 of the civil procedure code afresh after considering that the application was already pending before the learned judge filed under section 17 of the arbitration act, 1940, which was not disposed of. 9. ..... that as it may, it is not in dispute that an application was already filed by the petitioner under section 17 of the arbitration act, 1940, way back in the year 1992 before the award of the arbitrator was made the rule of the court. ..... in the meanwhile, the petitioner also filed an application dated 06.11.1992 under section 17 of the arbitration act, 1940, inter alia, claiming that whilst making the award the rule of the court, interest should be awarded from the date of the decree upto actual ..... learned counsel relied upon the judgments of the apex courts reported in (2005) 3 scale 402 in the case of state of rajasthan vs. m/s ..... nav bharat construction co, and (2005) 12 scc 273 in the case of c. ..... order passed by the learned civil judge, senior division at quepem, dated 22.02.2000, whereby an application filed by the petitioner under section 152 of the civil procedure code to award interest in terms of section 29 of the arbitration act, 1940, came to be rejected. 3. ..... advocate has relied upon the judgment of the apex court reported in 2005 (7) s.c.c. .....
Tag this Judgment!