Court : Mumbai Goa
..... satendra prasad jain case (1993) 4 scc 369, another bench of three judges had held that though award under section 11-a was not made within two years after the amendment act 68 of 1984 came into force, the title having been vested in the state, the notification under section 4(1) and declaration under section 6 do not get lapsed and non-compliance ..... has been conferred on the court, the court may in appropriate case decline to grant the relief, even if it holds ..... writ petition filed under article 32 of the constitution for refund of the amount forfeited by the sales tax officer under section 21(4) of the bombay sales tax act, 1953, which, according to the petitioner, was ultra vires the powers of the state legislature should be entertained ignoring the delay of almost nine years. ..... and 10 were issued and published at the appropriate places on 27th march, 2000 through the mamlatdar ..... to exercise jurisdiction under article 226 of the constitution in an appropriate case even if an award is made and possession is taken ..... petitioner had approached the court with considerable delay, the writ petition filed by it should be allowed because section 12-a(4) of the bombay sales tax act, 1946 was declared unconstitutional by the division bench of the high court (sic constitution bench of the supreme court)***. ..... the entire case law and had held that once the land was vested in the state, the court was not justified in interfering with the notification published under appropriate provisions of the act. .....
Tag this Judgment!Court : Mumbai Goa
..... property in a government post office bank or in any other bank or in a company or with a co-operative society; (ii) a loan to, or by, or a deposit with any society or association registered under the societies registration act, 1860 (central act 21 of 1860), or any other enactment relating to a public, religious or charitable object; (iii) a loan advanced by the government or by any local authority authorised by the government; (iv) a loan advanced to a government ..... the time being in force in the state of goa; (x) an advance of any sum exceeding rupees three thousand made on the basis of a negotiable instrument as defined in the negotiable instruments act, 1881 (central act 26 of 1881), other than a promissory note; (xi) an advance of any sum exceeding rupees three thousand made on the basis of a hundi (written in english or any other indian language); ..... subscriber to, or a depositor, in a provident fund, from the amount standing to his credit in the fund in accordance with the rules of the fund; (vii) a loan to or by an insurance company as defined in the insurance act, 1938 (central act 4 of 1938); (viii) a loan advanced to, or by a bank; (ix) a loan to, or by, or deposit with, anybody (being a body not falling under any of the other provisions of this clause), incorporated by any law ..... within four weeks from today, learned judicial magistrate, first class, vasco-da-gama shall take appropriate steps to take the accused into custody to serve the sentence imposed on him and ..... 2005 .....
Tag this Judgment!Court : Mumbai Goa
..... learned counsel appearing for the appellant appointed under legal aid scheme, at the outset, submitted that neither offence under section 376 ipc nor under section 8(2) of the act is made out against the accused inasmuch as the evidence led by the prosecution itself discloses that the accused did not have forceful sexual intercourse with the prosecutrix and ..... dated 1st april, 2009, passed by the children's court, panaji in special case no.1/09, convicting the accused for the offence punishable under section 8(2) of the goa children's act, 2003 ( the act for short), read with section 376 of indian penal code (ipc) and sentencing him to undergo simple imprisonment for a period of 10 years and to pay a fine of rs. ..... the main question which arises for consideration is whether the conviction and sentence imposed on the accused under section 8(2) of the act is sustainable in law inasmuch as under section 8 of the act the minimum sentence prescribed for grave sexual assault is 10 years imprisonment and fine of rs.2,00,000/-; whereas for the offence punishable under section 376(1) ipc the minimum ..... rivonkar, learned public prosecutor submitted that the children's court had jurisdiction to try the offence of rape, punishable under section 8(2) of the act, read with section 376 ipc inasmuch as the victim was taken by the accused to poona from goa and, as such, a part of the offence of rape can be said ..... consideration is what would be the appropriate sentence which should be imposed on ..... 2005 .....
Tag this Judgment!Court : Mumbai Goa
..... clear from the provision of section 33-c(1) that for issuance of a recovery certificate, satisfaction of the appropriate government that money is due to the workman, under an award or settlement, is important. ..... while exercising jurisdiction under section 33-c(1), the appropriate government has to record a satisfaction that money is due to a workman from an employer under an award or settlement and for recording it, the appropriate government in a given case, may also have to decide the question as to whether the workman has retired or remains in service according to conditions of service and, therefore, any decision thereupon would be a part of the satisfaction required to be recorded by the appropriate government under section 33-c(1) of the id act. 11. ..... learned counsel for the petitioner has further submitted that model standing orders framed under the industrial employment (standing orders) act, 1946 are applicable to the establishment of the petitioner and they provide that where there is no age for retirement agreed between the employer and the workman or specified in the statement of award, retirement on superannuation ..... down that where any money is due to a workman from an employer under a settlement or an award or under the provisions of chapter v-a or chapter v-b, the workman or any other person authorised by him, may make an application to the appropriate government for the recovery of money due to him. ..... siraj kadarbhai china and another, 2005 iii clr 912. 3. m. .....
Tag this Judgment!Court : Mumbai Goa
..... the decision not to fill up the vacancies has to be taken bona-fide for appropriate reasons and not on its whims. ..... it is for the government to decide which would be appropriate. ..... in the absence of showing gross misconduct of the interviewer or acts of malfeasance or misfeasance, setting aside the appointments made in that case, which commenced from issuance of advertisement dated 17th august, 2011 and which culminating in offers of appointment dated 16th december, 2012, well prior to the ..... consequently, each act in the selection process by itself is not capable of denunciation. ..... the state cannot act in an arbitrary manner. ..... several acts taken together must be seen to conclude whether it would exhibit an unfair and arbitrary process smacking of the vice of favouritism or nepotism. .....
Tag this Judgment!Court : Mumbai Goa
..... in such circumstances, as it is not disputed that the office of the respondent no.4 was close during the afternoon session on 28/01/2015, it was not at all appropriate for the inquiry officer to proceed on 30th january, 2015 despite of the application filed by the petitioner to seek further time to file his reply to the articles of charge and also giving an intimation about the filing of ..... smc/phss/2014-15/67 issued by respondent no.4 to hold an inquiry against the petitioner under the goa school education act, 1984, rules of 1986 and the ccs conduct rules as patently illegal, unconstitutional and for a writ directing the respondent no.4 to withdraw the report dated 30.1.2015 and the recommendations dated 31.1.2015. 5. ..... in the present case, we find that the inquiry officer and the respondent no.4 have acted in blatant breach of the principles of natural justice and, as such, there is no bar for this court to interfere in the petition under article 226 of the constitution of india. 13. ..... the learned counsel has thereafter taken us through the material on record to point out that respondent no.4 has not acted bonafide and has indulged upon an illegality in recommending termination of services of the petitioner. ..... subsequently, a memorandum dated 20/12/2014 came to be served on the petitioner on 9/1/2015, inter alia, stating that an inquiry was proposed to be held against the petitioner under the goa, daman and diu school education act, 1984, rules of 1986 and the ccs conduct rules. .....
Tag this Judgment!Court : Mumbai Goa
..... (b) the learned principal district judge or any other district judge, to whom the suit is made over, after hearing the parties, shall decide the matter afresh by giving appropriate reasons for the findings arrived at on each issue. ..... impugned judgment and decree should be quashed and set aside and the learned trial judge should be directed to decide the matter afresh by hearing the learned counsel for the parties afresh and by giving appropriate reasons for findings on each of the issues. 18. ..... in view of section 26(1) of the goa civil courts act, 1965, inter alia, no court other than the district court shall receive or register any suit in which the central government or the government of goa or any officer of government, in his official capacity, is a party. .....
Tag this Judgment!Court : Mumbai Goa
..... is next contended that section 32(4) is not mandatory and it merely confers discretionary power on the rent controller, to direct stoppage of proceedings and consequent eviction, in appropriate case where it is found that there is persistent default without any sufficient or reasonable cause being made out by the tenant. ..... was contended that the petitioner has become an habitual defaulter, who had failed to deposit the rent as per section 32 of the rent act read with rule 7 of the goa building (lease, rent and eviction) control rules, 1969 (the rules, for short). 6. ..... it may be true that a statutory amendment of a rather cognate provision, like section 115 of the civil procedure code by the civil procedure code (amendment) act, 1999 does not and cannot cut down the ambit of high court's power under article 227. ..... it is submitted by the learned counsel for the petitioner that section 22 and section 32 of the rent act, operate in different spheres and the considerations based on these two sections being independent, cannot be mixed together, as has been done by the courts ..... rule 7 of the rules, which has to be read along with section 32 of the act provides that the tenant against whom proceedings for eviction has been instituted by a andlord under the rent act, shall deposit all arrears of rent due in respect of the building, within one month from the date on which notice is served on him for the first time about the said proceedings before the ..... rani, reported in (2005)7 scc 211. .....
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
..... applies to them, though the limitation period mentioned therein as proviso does not apply to them, but the plaintiffs also contend that the time from which the period would begin to run under limitation act, 1963 would have to be read down to hold that the period of limitation of one year to enforce the right of pre-emption in a suit would be the period from the date of the knowledge of the ..... antonio vicente da fonseca and others, air 1979 sc 984, the division bench of the supreme court considered the goa, daman and diu (administration) act, 1962 (gdd act), in section 5 of which it was declared that all laws in force before the appointed day - 20th december, 1961 would continue to be in force until amended or repealed by a competent legislation or ..... of the judgment, the court observed that the negotiable instruments act, 1881, indian contract act, sale of goods act and transfer of property act were brought into effect in goa from 1st december, 1965. ..... of the judgment, the court held that there was only one general law of limitation for the entire country being the limitation act, 1963 and all other laws prescribing the period of limitation were either special or local laws. ..... legislations came to be made applicable to the state of goa by the appropriate legislative authority. ..... had to consider was whether the pcc applied as local or special law in terms of section 29(2) of the limitation act to such a case, or whether the remedy under the pcc could be deemed to be impliedly repealed. .....
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