Court : Mumbai Goa
..... agencies have permitted such illegal banking business to be carried out by the said company. it is also contended that looking into the case papers produced under section 173 of the criminal procedure code, it gives a feeling that the entire investigation system contemplated in part xii of the criminal procedure code has been given a go by and ..... to the said company which was valid up to 30.04.2016. it is also pointed out that they have also taken up investigation under foreign exchange management act, 1999 and the letters are sent to the reserve bank of india, roc, sebi and the commissioner of income tax informing about the crime and requested them ..... the criminal procedure code. 5. it is the contention of the petitioners that kamakshi forex private limited is a private limited company duly registered in terms of the indian companies act, 1956 with mr. nilesh raikar as the managing director and mrs. nilima raikar and mrs. rekha raikar, as directors of the said company which primarily deals .....
Tag this Judgment!Court : Mumbai Goa
..... 2009, i do not find that the request for grant of overnight stay can be favourably considered. in cases of the present nature, the court has to make a balancing act between the interest of the minor and at the same time, granting a reasonable opportunity to the non-custodial parent, to be with the child to interact with the child .....
Tag this Judgment!Court : Mumbai Goa
..... areas) from which he was directed to remove himself. 14. the petitioner had canvassed before the respondent no.2 that neither this provision or that of section 3 of the act was attracted to his case and that he did not present an imminent danger to the peace and order. he had also put-forth his case that ..... 2 to give weightage to the incidents or offences purportedly after the initiation of the externment proceedings in 2011 which showed a colourable exercise of jurisdiction. 13. section 4 of the act contemplates the removal of persons about to commit an offence - whenever it appears to the district magistrate, or the sub-divisional magistrate specially empowered by the state ..... the criminal writ petition no.20/2015 which however came to be withdrawn at his instance as he wanted to seek recourse to an alternate remedy under section 7 of the act before the state government. he was again before this court in the criminal writ petition no.85/2015 as the appeal was not disposed off and thereupon .....
Tag this Judgment!Court : Mumbai Goa
..... report further shows a blunt trauma of less than 24 hours duration. thus prima facie it cannot be accepted that no case of an offence under section section 2(m)(i) r/w section 8(2) of the act is made out. 13. the case of mr. p. ravi (supra) proceeds on a concession on behalf of the state. that apart, the incident in ..... case found that only because one of the persons allegedly assaulted was aged 17 of age, an offence under said section 8 of the act cannot be said to have been made out. the circumstances in that case indicated that there was no reason for the assailant to have known the age of the ..... a dispute over a property in which there was an assault and obstruction and there were complaints and counter complaints lodge. in so far as the offence under section 8 of the children's act is concerned, it was in respect of an assault on master jason rodrigues, who was aged 17 years. this court found in the peculiar circumstances of the .....
Tag this Judgment!Court : Mumbai Goa
..... has not been provided against any other orders passed by the chief officer by resorting to the powers under other subsections of section 184 or other sections of chapter xii, including section 184a of the act, 1968. 10. the impugned order challenged before the appellate tribunal in municipal appeal no.67/2014, was an order passed ..... . the petitioners could not accept the order dated 03/09/2014 passed by the municipalities appellate tribunal and, therefore, preferred a second appeal under section 184d of the act, 1968, being municipal appeal no.min/ud/44/2014 before the respondent no.2 together with an application for stay. after hearing the petitioners, ..... to petitioners, illegal, was not ordered. therefore, the petitioners filed a revision application before the respondent no.2, the hon'ble minister, under section 303 of the act, 1968 seeking specific direction regarding demolition of the alleged illegal works. an application for issuance of a direction of status-quo was also filed along .....
Tag this Judgment!Court : Mumbai Goa
..... . even those information, the registrar, as already indicated, is not legally obliged to provide if those information falls under the exempted category mentioned in section 8(j) of the act. apart from the registrar of co-operative societies, there may be other public authorities who can access information from a cooperative bank of a private account ..... from the petitioner society and the petitioner society had refused to furnish the said information. the respondent no.1 did not raise the question of section 2(f) of r.t.i. act before any authority including the goa state information commission. there is, thus, no finding by any authority that the information sought for by the ..... court in the case of thalappalam service co-operative bank limited and others v/s. state of kerala and others reported in [(2013) 16 scc 82] and army welfare housing organisation v/s. adjutant general's branch and others [(2014) scc online del 6435]. he therefore urged that the petitioner society is not a public .....
Tag this Judgment!Court : Mumbai Goa
..... in paragraph 66 of the judgment and the same has been specifically referred to this court by the honourable the chief justice. in view of the procedure laid down in section 98(2) of the code of civil procedure, 1908, this court is bound to hear the petitions only on the said point of difference. of course, the ..... plans in the year 1993 for construction of hotel and residential complex in the said land. vide the crz notification dated 19.02.1991, under sections 3(1) and 3(2)(v) of the environment (protection) act, 1986, issued by the central government through the ministry of environment and forests ( moef , for short), in the exercise of powers under ..... 1. heard learned counsel for the parties. 2. the above petitions have been referred to me by the honourable the chief justice, in accordance with the provisions of section 98(2) of the civil procedure code, 1908, for decision on the point of difference between my learned sister and brother judges, smt. justice roshan dalvi and shri justice f. .....
Tag this Judgment!Court : Mumbai Goa
..... the petition. respondent no. 3, though duly served in the present appeal, is absent. 5. the claimants had filed the said claim petition under section 163-a of motor vehicles act, 1988 ( m.v. act, for short) claiming compensation of rs. 5,00,000/- on account of death of mr. fermin fernandes, the son of claimant no.1(since ..... taken in to account while awarding compensation on the basis of structured formula under second schedule. therefore, in terms of the said structured formula under section 163-a of the m. v. act, given in the second schedule, the multiplier of 16 was taken to be appropriate multiplier. the tribunal held that the monthly income of the deceased ..... was rs. 3,000/-. in terms of the said structured formula under section 163-a of the m.v. act, deduction of 1/3rd towards personal living expenses of the deceased was made and the amount which the deceased would spend annually on his dependents ( .....
Tag this Judgment!Court : Mumbai Goa
..... another are called individually "partners" and collectively "a firm", and the name under which their business is carried on is called the "firm name".? (b) section 9 of the act says that: 9. general duties of partners - partners are bound to carry on the business of the firm to the greatest common advantage, to be just ..... was himself the partner of the complainant, he did not need any power of attorney to file complaint or to depose on behalf of the complainant. 16. (a) section 4 of the act lays down as under: 4. definition of "partnership", "partner", firm" and "firm name"- "partnership" is the relation between persons who have agreed to ..... the said criminal case. 5. the complainant, the partnership firm represented by its partner, namely shri pandharinath chafadkar, had filed the complaint under section 138 of the negotiable instruments act, 1881, ('n. i. act') against the accused. it was alleged that the accused had issued a cheque bearing no.1267782 dated 20/02/2006 for an amount of .....
Tag this Judgment!Court : Mumbai Goa
..... 2012 filed with the ponda police station, discloses cognizable offence and the police station officer has not acted in terms of section 154 of the code of criminal procedure and, therefore, direction is issued to register fir and to act in accordance with chapter xii of the code of criminal procedure. 5. shri arun bras de ..... the respondent no. 2, has submitted that the petitioners are not entitled for hearing before the magistrate while the order is passed under an application under section 156(3) of the criminal procedure code. the learned senior advocate has submitted that the impugned order shows that the learned magistrate has applied his mind to the ..... of the matter, in our view, the learned magistrate should have considered all the documents submitted by the respondent no. 2 along with his application under section 156(3) of criminal procedure code. further more, the factum of the registration of another fir against shri yogesh khandeparkar is also relevant in the matter which ought .....
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