Court : Mumbai Goa
..... the submission of mr.sonak if the term for the purpose of the union is to be read together with this entry, as the expression appropriate government as defined in the l.a act can be construed and interpreted only with the aid of these entries, then, it is evident that there is no corresponding entry to the same in ..... benches of this court and other high courts, to which a reference has been made, yet, finding that the legislations in the field have undergone a definite change with the airport authority of india act, 1994 being enacted and amended, which is a development subsequent to the decision in nandkumars case (supra), we are of the opinion that in the present facts and circumstances, we cannot strike ..... : 2(b) airport means a landing and taking off area for aircrafts,usually with runways and aircraft maintenance and passenger facilities and includes aerodromes as defined in clause (2) of section 2 of the aircraft act, 1934 (22 of 1934); 2(c) airstrip means an area used or intended to be used for the landing and take-off of aircrafts with short take-off and landing characteristics and includes all buildings ..... aeroport de paris international and records; the feasibility study commissioned by the government of goa in 2005 proposed the following main characteristics for the first phase development (2014) of a new airport in ..... -vs- state of bihar, 2003 (4) scc 378, a three-judge bench expressly rejected the argument advanced on behalf of the ..... state of bihar and ors); (2004 .....
Tag this Judgment!Court : Mumbai Goa
..... 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. ..... 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. ..... 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. ..... learned advocate contended that the university acted on the dictates of the state ..... singh (2006) 8 scc 647 and bihar seb v. ..... state of bihar (2006) 11 scc 492, punjab national bank ..... therefore, the university has acted strictly in accordance with law and the facts of ..... state of bihar and others, (2009) 3 scc 475. 17. ms. ..... , therefore, be unenforceable in view of section 23 of the contract act, 1872. 23. .....
Tag this Judgment!Court : Mumbai Goa
..... )], held as under: when the attention of the accused is drawn to such circumstances that inculpate him in relation to the commission of the crime, and he fails to offer an appropriate explanation or gives a false answer with respect to the same, the said act may be counted as providing a missing link for completing the chain of circumstances. ..... with regard to the recovery under section 27 of the evidence act, the learned counsel has pointed out that such recovery has not been established by the prosecution. ..... thereafter taken us through the deposition of pw.19, the investigation officer, and pointed out that he has admitted that no criminal case has been registered against the appellant but only a case under the domestic violence act, which was not even referred to by the complainant. ..... state of bihar : air 1994 sc 2420; and dr. ..... next incriminating circumstance relied upon by the prosecution is with regard to the recovery of the koita at the instance of the appellant under section 27 of the indian evidence act. .....
Tag this Judgment!Court : Mumbai Goa
..... in such circumstances though it cannot be disputed that the appropriate government has a right to overrule the findings of the land acquisition officer in the report under section 5-a of the said act, nevertheless, such stand can be taken only by giving reasons as to why the report of the land ..... this court held that: 10....the decision of the collector is supposedly final unless the appropriate government chooses to interfere therein and cause affectation, suo motu or on the application of any ..... is pertinent to note that declaration under section 6 has to be made only after the appropriate government is satisfied on the consideration of the report, if any, made by the collector ..... referred to in this provision is not an empty formality because it is required to be placed before the appropriate government together with the collector's recommendations and the record of the case. ..... , the appropriate government while issuing declaration under section 6 of the la act is required to apply its mind not only to the objections filed by the owner of the land in question, but also to the report which is submitted by the collector upon making such further inquiry ..... counsel further pointed out that in the objections raised by the petitioners under section 5a of the said act, a specific objection was raised with that regard which the land acquisition officer while submitting his report had ..... 22/27/2003-rd dated 23.02.2005 published in the official gazette on 03.03.2005 in respect of the land ..... bihar .....
Tag this Judgment!Court : Mumbai Goa
..... deeds be executed in favour of the petitioners in form k under section 8(3) of the mmdr act, and such lease deeds are executed by the state government in accordance with the directions of this court, the petitioners will not make any claim on the net proceeds of the ore directed to be appropriated by the state government, pursuant to the auction as set out in paragraph 71 of the judgment ..... the leases will relate back to the year 2007, the judgment and order of the supreme court in writ petition (c) no.435/2012, as stated in para 68 ordering appropriation to the state government of the sale proceeds of iron ore, will stand and be abided by all the lessees, including the petitioners herein. 18. ..... as follows : 24...the law may, therefore, now be taken to be settled as a result of this decision, that where the government makes a promise knowing or intending that it would be acted on by the promisee and, in fact, the promise, acting in reliance on it, alters his position, the government would be held bound by the promise and the promise would be enforceable against the government at the instance of the promise, notwithstanding that there ..... we dispose of the writ petitions by passing the following order : (i) the respondent state of goa is directed to execute the lease deeds under section 8(3) of the mmdr act in favour of the petitioners/lease holders who/which have already paid the stamp duty pursuant to the orders of the government, in accordance with the goa mineral policy, 2013 ..... bihar .....
Tag this Judgment!Court : Mumbai Goa
..... of the recommendations of the punjab and haryana high court for appointment of first fifteen candidates to the haryana civil service (judicial branch), the state government have taken the view that it would be appropriate that only the first seven candidates should be appointed to the haryana civil service (judicial branch) and a notification has been issued accordingly. ..... 2012 obtained information under the right to information act, 2005 which discloses the process leading to the impugned decision ..... batch of appeals, we are not concerned with the questions which have been raised by the state of haryana in its counter-affidavit in regard to the acts of omission and commission on the part of the commission but there cannot be any doubt whatsoever that there existed a cloud which is required to be cleared ..... stated that the matter could be placed before the cabinet for appropriate decision on the selection of the 9 candidates recommended by gpsc. ..... the reasons which prompted the government in decision-making taking one course of action instead of another is not a matter of concern in judicial review and the court is not the appropriate forum for such investigation. 7. ..... argument of desperation was further advanced about promissory estoppel stopping the state government from acting in the manner it did in not appointing the appellants although their names had ..... may have to be posed and answered in an appropriate case. ..... to fill up the vacancies has to be taken bona fide for appropriate reasons. .....
Tag this Judgment!Court : Mumbai Goa
..... of neeta rakesh jain (supra), the hon'ble supreme court held that in the matter of making an order for interim maintenance, the discretion of the court must be guided by the criterion provided in section 24 of the act, namely, the means of the parties and also after taking into account incidental and other relevant factors like social status; the background from which both the parties come from and the ..... 14/05/2009, the respondent filed complaint against the petitioner and his parents under section 12 read with sections 18, 19, 20 and 21 of the protection of women from domestic violence act, 2005 (domestic violence act, for short), claiming total sum of rs.67,500/- for maintenance of herself and the two minor children. ..... a sum of rs.1,50,000/- should be paid by the respondent-husband to the petitioner-wife, for herself as well as for their minor son from the date of filing of the complaint under section 12 of the domestic violence act, 2005, till the said complaint is again disposed of by the trial court. 25. ..... heda has certified that the net income of gaurav for the period 2003-04 was rs.5,94,902/-; for the period 2004-05 was rs.6,55,859/-; for 2005-06 was rs.15,77,539/-; for 2006-07 was rs.18,31,412/-; for 2007-08 was rs.16,77,697/-; for 2008-09 was rs.17,43,433/-; for 2009-10 was rs ..... radhika had even filed appropriate amendment application in the proceedings under the domestic violence act to claim a sum of rs.3,00,000/- per ..... in an appropriate case, the power can be exercised suo .....
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
..... 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
..... the said flat belonged to nandlal, it was for nandlal to take appropriate action for eviction of the applicant from the said flat. ..... the time being it is presumed that the applicant is married to the opponent, then also, the parties are governed by hindu marriage act and hence a hindu woman married after coming into force of the hindu marriage act, to a hindu male having a legally wedded wife, is not a legally wedded wife and cannot claim maintenance from that hindu male. ..... (3) the magistrate shall have the power to order an appropriate lump sum payment or monthly payments of maintenance, as the nature and ..... by the applicant under section 12 of the protection of women from domestic violence act, 2005 (the act? ..... it was held that when a man and woman are living under the same roof and cohabiting for a number of years, there will be a presumption under section 114 of the evidence act, that they live as husband and wife and the children born to them will not be illegitimate. ..... of maintenance of rs.5,000/- per month to the applicant, till the final disposal of the application under section 12 of the act, is concerned, is based of the settled principle of law and no interference with the same is called for. ..... (supra), the hon'ble apex court has held thus: as regards section 17(1) of the act, in our opinion the wife is only entitled to claim a right to residence in a shared household, and a 'shared household' would only mean the house belonging to or taken on rent by the husband, or the .....
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