Court : Mumbai Goa
..... court held that the specific averment in the counter claim showed that the subject matter of the same pertained to the year 2004-2005 and that the criminal complaint, which was filed made it clear that the facts were to the knowledge of the defendant no. ..... learned senior counsel for the defendants submitted that they had filed the counter claim, in terms of section 10 of the limitation act under which there is exclusion of the limitation period and therefore there was no need to specifically mention the date of cause of ..... the plaintiff during his directorship mis-appropriated and/or siphoned off the funds of ..... the apex court held that in view of the explanation to section 10 of the limitation act, the respondent's father, who was managing the property, has to be deemed to be a trustee in whom the properties vested specifically and in as much as respondent was a company and was not a transferee for ..... , papers and documents as may be necessary, in the name of and on behalf of the company and generally to do all acts, deeds or things as may be necessary or proper for the purpose mentioned above. ..... also specifically pleaded in the counter claims that the cause of action for the suit is covered by the provisions of section 10 of the limitation act and the reliefs, therefore, are not barred by limitation. ..... present case, the defendants have pleaded that the cause of action for the counter claim is covered by section 10 of the limitation act and, therefore, the reliefs are not barred by time. 17. .....
Tag this Judgment!Court : Mumbai Goa
..... after filing such application, the respondent nos.1 to 4 withdrew their challenge to the environmental clearance, reserving their right to challenge such clearance before the appropriate forum and restricted the appeal preferred before the learned tribunal only to the challenge with regard to the crz clearance, granted by the respondent no.6. ..... the learned counsel further points out that the crz clearance, which has been challenged in the said appeal, is not a direction in terms of section 5 of the environment protection act and as such, the learned tribunal has no jurisdiction to proceed to examine the challenge to the said clearance. ..... contention of shri shivan dessai, the learned counsel appearing for the petitioner that only a challenge to the environmental clearance issued under the regulations of 2006, which are also issued under section 3 of environment protection act, would lie to the learned tribunal, cannot be accepted for the reasons stated herein below. 13. ..... the fact that the crz notification, 1991/2011 has been issued in exercise of powers under section 3 of the environment protection act, would itself suggest that such clearance is granted in connection with an issue of environment. ..... the learned counsel further submits that the crz clearance is issued in terms of the notification enacted under section 3 of the environment protection act, nevertheless as there is no specific mention to a clearance under the crz notification in section 16 of the n.g.t. .....
Tag this Judgment!Court : Mumbai Goa
..... that the documents are from the records of a public office and prima facie authenticity thereof cannot be disputed and appear to be relevant to decide the matter under controversy, we find it appropriate to grant leave to the appellants under order 41, rule 27 of the cpc to rely upon such documents. ..... appeal, the state commission by its order dated 16.1.1996, held that the subject matter of dispute is not governed by consumer protection act and gave liberty to the plaintiff to approach civil court; accordingly suit is filed. ..... of the observations of the division bench of this court and of the apex court referred to hereinabove, the fact that time taken to pursue a complaint under the consumer protection act can be excluded in terms of section 14 of the limitation act, 1963 is no longer res integra and, as such, the contention of mr. ..... the learned counsel further submits that in terms of article 54 of the limitation act, such a suit has to be filed from the date the defendants show disinclination to perform their part of ..... , has also taken a similar view that the period taken in pursuing remedy under the consumer protection act can be excluded in terms of section 14 of the limitation act by observing thus: limitation act, 1963 (central act no. ..... submits that the proceedings from the state commission are not civil proceedings nor the state commission is a court and, consequently, the question of exclusion of the period under section 14 of the limitation act, 1963 does not arise at all. .....
Tag this Judgment!Court : Mumbai Goa
..... with regard to the findings of the authorities below, in connection with the claim of the respondents that respondent no.1 requires the rented premises for her bonafide occupation, it would be appropriate to refer to some of the observations of the apex court with regard to the interference by this court in a writ petition on such findings. ..... on perusal of the records, the respondents had filed an eviction proceeding against the petitioner under section 23(1)(a)(i) of the said rent control act, 1968 stating inter-alia that their grandfather had given on lease to the father of the petitioner a house bearing no.9/177/4 located on the first floor to ..... the powers are required to be exercised most sparingly and only in appropriate cases in order to keep the subordinate courts and inferior tribunals ..... wherein it has been held that the pleadings of the application for eviction on the ground contemplated under section 23(1)(a) of the said rent control act should disclose the facts which show the requirement of the premises as well as the bonafide need of occupation. ..... of evidence of both the parties, the learned rent controller by judgment dated 20.05.2005 allowed the eviction application and inter-alia directed the petitioner to be evicted from ..... the judgment dated 27.06.2007 passed by the learned administrative tribunal dismissing the eviction appeal no.17/05 filed by the petitioner/tenants against the judgment and order dated 20.05.2005 passed by the rent controller at panaji, in case no. .....
Tag this Judgment!Court : Mumbai Goa
..... of a matrimonial dispute between the parties, the petitioner has filed an application on 23/01/2012 under the protection of women from domestic violence act, 2005 (the act, for short) before the learned magistrate, mapusa for various reliefs. ..... would be pertinent to note that although section 28(2) of the act has diluted the rigour of strict procedure being applicable, the court, in appropriate case, would be guided by the principles akin to the one contained in the evidence act and any other procedural law as may be applicable, in ..... and considering the overall circumstances and having regard to the fact that the proceedings are essentially of civil nature, i find that it would be appropriate that the magistrate considers the application, after the respondent examines himself, if so advised. 24. ..... contrary, it is submitted by shri rao, the learned counsel for the respondent that in view of the case set up by the petitioner, about there being acts of assault by the respondent against the two sons in public place and also certain acts, which are attributed to the respondent in respect of the incidents, which have allegedly occurred in the presence of two sons, they would be witnesses, who may ..... the learned magistrate shall pass appropriate orders, in accordance with ..... assuming that the provisions of section 311 were applicable, this was not a case wherein the learned magistrate could have acted on the basis of the applications filed by the respondent in calling the two sons as witnesses. .....
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..... 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
..... for the respondent no.1, referred to herein above, have not been considered in the light of his submissions that the respondents intended to go in a joint venture to put up a hotel in the suit property, i find it appropriate that without going into the rival contentions with that regard to direct the learned judge to decide the said aspect afresh after hearing the parties in accordance with law. ..... to be considered in such circumstances would be whether the contention of shri gupta, learned senior counsel appearing for respondent no.1 to the effect that it is their case that by the application under section 9 of the said act, the respondent no.1 desires to invoke the terms of the agreement as specified in clause 7.2 which reads thus : "7.2 the seller and the company undertake and covenant that until the termination of this agreement, the seller, ..... not limit the jurisdiction of the court to pass order of interim measures only against party to an arbitration agreement or arbitration proceedings; whereas the court is free to exercise same power for making appropriate order against the party to the petition under section 9 of the act as any proceedings before it. ..... that in terms of the agreement considering that the applicable law is the law in force in india the respondent no.1 was entitled to file the said application under section 9 of the said act in any event to invoke the terms of the agreement in accordance with the applicable law as provided in clause 9 of the said agreement. .....
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..... act, given in the second schedule, the multiplier of 16 was taken to be appropriate multiplier. ..... 1 was 48 years, the appropriate multiplier ought to have been 13. ..... a perusal of section 140(3) reveals that the burden of pleading and establishing whether or not wrongful act, neglect or default was committed by the person (for or on whose behalf) compensation is claimed under section 140, would not rest on the shoulders of the claimant. ..... the absence of a provision similar to section 140(4) of the act from section 163-a of the act is for shifting the onus of proof on the grounds of wrongful act, neglect or default on to the shoulders of the defence (the owner or the insurance company). ..... the object for incorporating section 163-a(2) of the act is that the burden of pleading and establishing proof of wrongful act, neglect or default would not rest on the shoulders of the claimant. ..... just as in section 140 of the act, so also under section 163-a of the act, it is not essential for a claimant seeking compensation to plead or establish that the accident out of which the claim arises suffers from wrongful act or neglect or default of the offending vehicle. ..... from the above, it is clear that under section 163-a of the act, it is not essential for a claimant seeking compensation to plead or establish that the accident out of which the claim arises suffers from wrongful act or neglect or default of the offending vehicle. .....
Tag this Judgment!Court : Mumbai Goa
..... it would be open to the petitioners to file a further reply and make appropriate submissions contesting the show cause notice dated 18/12/2014. ..... however, in terms of sections 132 (8) of the income tax act 1961 the life of such a freezing order is only 60 days. ..... so far as the freezing of the bank account is concerned, it was contended that the assistant director under section 37 of fema has powers of the income tax officers under the income tax act 1961 and is entitled to freeze bank account and this was done on 17/11/2014 in terms of section 132 (3) of the income tax act, 1961. ..... petitioners to show cause as to why penalty should not be imposed and the amount of rs.14.60 lakhs being the fixed deposit with the bank of baroda should not be confiscated under section 13 (1) and 13 (2) of the foreign exchange management act, 1999 (fema), respectively. 3. ..... thus the communication dated 17/11/2014 freezing the petitioners' fixed deposit account in bank of baroda is submitted to be in terms of section 132 (3) of the income tax act 1961. ..... the above provision empowers the assistant director to exercise powers under the income act 1961. .....
Tag this Judgment!Court : Mumbai Goa
..... the complainant had filed a complaint under section 12 of the protection of women from domestic violence act, 2005 ("the act", for short) against the respondents which came to be registered as criminal case no.27/dva/2010 ..... be an appropriate amount. ..... is appropriate in the facts and circumstances of the ..... learned appellate court has not considered the fact that the respondents had not at all filed any reply resisting the application under section 12 of the act filed by the complainant nor had they produced any oral or documentary evidence. ..... the complainant was also secured with monetary relief under section 20 of the act and the respondent no.1 was directed to pay an amount of rs.10,000/- as maintenance to the complainant and to deposit the same with the nazir of the court on or before 7th day of every ..... the appellate court could not have set aside the order dated 19/11/2013 insofar as the directions to the respondents no.2 to 6 to pay the amount of rs.1,00,000/- to the complainant and restraining them from committing any act of domestic violence against the complainant and her family, are concerned. 13. ..... complainant was secured with protection order under section 18 of the act and the respondents were restrained by way of injunction from committing any act of domestic violence against the applicant and her family. ..... , insofar as grant of protection under section 12 of the act and the restraint from committing any act of domestic violence against the complainant and her family is concerned, .....
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