Court : Mumbai Goa
..... learned counsel for the petitioner submits that upon bare perusal of the complaint itself it would become clear that the act complained of in the suit is something which is being done by the petitioner in pursuance of it's power to develop its own property in view of powers under sections 30 to 34 of the gid act and, therefore, from the statements made in the plaint itself, it would be clear that section 52a notice is attracted and since it has not been ..... learned counsel for the petitioner has further submitted that whether or not there is any specific averment as regards acting in violation of provisions of gid act, section 52a requirements being mandatory in nature, issuance of notice before institution of a suit is a condition precedent, and for this submission, he refers to me the case of syedabdul razzak(supra) cited by him ..... learned counsel for respondent no.1 submits that the provisions of section 80 cpc and section 52a gid act may not be comparable with each other and, therefore, there may not be any deemed waiver of the notice required under section 52a, but, the fact remains that the conclusion reached by the ..... that once notice was dispensed with in exercise of power under section 80(2) of cpc, it could be presumed that court has impliedly granted leave to institute the suit and that notice under section 52a gid act was also deemed to have been waived after the authority chose to contest the suit on merits. 11. ..... bank of india staff association, (2005) 7 scc 510. 13. .....
Tag this Judgment!Court : Mumbai Goa
..... he submitted that two years after giving the said letter dated 06.07.2005, the accused, by letter dated 29.08.2007, wrote to the conciliation officer of the office of the commissioner of labour thereby raising industrial dispute and in this letter accused has specifically stated ..... (supra), the hon'ble supreme court has held thus at paragraph 14:- in light of these extracts, we are in agreement with the respondent-claimant that the presumption mandated by section 139 of the act does indeed include the existence of a legally enforceable debt or liability. ..... nishakant pednekar was also directly authorized to do various things/acts/deeds as stated in the said resolution, which included representation of the company before any court of law and to protect and defend interest of the company in any matter whether civil or criminal in ..... directors of the company that if he does not act as per their say he will be finished. ..... while section 138 of the act specifies a strong criminal remedy in relation to the dishonour of cheques, the rebuttable presumption under section 139 is a device to prevent ..... company had to maintain accounts as per section 209 of the company act, 1956 (' the act for short) and if not maintained that is an offence under section 209(5) of the act. ..... section 48(1) of the companies act, 1956 provides that a company may, by writing under its common seal, empower any person, either generally or in respect of any specified matters, as its attorney, to execute deeds on its behalf in .....
Tag this Judgment!Court : Mumbai Goa
..... of the minutes of the meeting held on 27/02/2012, wherein resolution was passed nominating, empowering and appointing shri bhushan ganpat honavarkar working in the complainant-company to commence, prosecute, defend, represent, appear, act, present, file, plead, answer and/or oppose the suit, plaint and all actions in/related to any legal proceedings, the complaint, suits, etc. ..... 126/oa/nia/2012/c, thereby directing issuance of process against the petitioners under section 138 of the negotiable instruments act, 1881 (the act, for short) and the order dated 18/10/2013 passed by the learned additional sessions judge, margao (appellate judge, for short), separately, in criminal ..... , the learned trial judge held that the requirements under section 138 read with section 141 of the act were complied with and prima facie case was made out against the accused, in both the cases. ..... there were orders of issuance of process against the appellant for offence punishable under sections 138 and 142 of the act and the second set of case was where there was final acquittal of the accused. ..... appearing on behalf of the complainant, submitted that for issuance of process, the ingredients of section 138 of the act are to be made out and in the present cases the same were duly made out. ..... preferred criminal applications before the high court for quashing the complaint and by order dated 12/08/2005 the said applications were dismissed by the high court. ..... in [2005 (3) bom ..... 2005 ..... ) ltd and another , [2005 (2) mh. l. j. .....
Tag this Judgment!Court : Mumbai Goa
..... naik, learned counsel appearing on behalf of the legal representatives of the party no.3, submitted that in first appeal no.108/2005, arising out of the judgment and award dated 01/12/2004 passed by the additional district judge, south goa in land acquisition case no.75/1993, total area acquired was 1,08,025 from survey no.82/1 of quitol village and the ..... both these appeals are directed against the judgment and award dated 04/10/2005 passed by the learned additional district judge-iii, south goa, margao (reference court, for short) in land acquisition case no.72/1993. 3. ..... section 110 of the evidence act lays down that when the question is whether any person is owner of anything of which he is shown to be in possession, the burden of proving that he is not the owner is on the person who affirms that he is not the owner. ..... vide notification issued under section 4(1) of the land acquisition act, 1894 ('l.a. ..... he submitted that first appeal no.255/2006 was filed by party no.1 (comunidade), against the said judgment and award darted 04/08/2005. ..... act which gave rise to the l.a.c. ..... act', for short) and published in the official gazette dated 04/01/1990, land was acquired at betul and quitol villages in quepem taluka for setting up an institution of safety and environmental management for petroleum industries of india. .....
Tag this Judgment!Court : Mumbai Goa
..... in my considered view, in so far as this objection is concerned, it would be appropriate that the trial court records the said objection, reserving its resolution until the final judgment, in accordance with the decision of the full bench of this court, in the ..... (d) the trial court shall record the objections to the admissibility of the evidence based on section 91 of the evidence act and the same shall be decided at the later stage, in accordance with the full bench decision of this court in the ..... it can thus be seen that in an appropriate case, the court can direct a particular part of affidavit in evidence, to be either struck off or ignored, if the same is not necessary ..... insofar as the contention based on sections 90, 91 and 92 of the evidence act, is concerned, it is contended that the respondent has not disputed the execution of the account opening ..... it has been held that sections 90, 91 and 92 of the evidence act incorporate "rule of evidence", to be pressed into operation at the time of appreciation of evidence and not at the time, when the ..... section 5 of the evidence act provides that evidence can be given of facts in ..... there is a mention about the respondent having lodged a complaint before the panaji police station on 03.04.2005. ..... to 13 contain averments, which are beyond the scope of enquiry on the preliminary issue and secondly, the respondent cannot be allowed to tender evidence, which is in variance with exhibits 51 and 52, in view of section 91 of the evidence act. 11. .....
Tag this Judgment!Court : Mumbai Goa
..... the apex court held that it would be appropriate to take the multiplier of 5 considering the fact that the mother of the deceased was 65 years old at the time of the accident and the father was more than 65 ..... ii) whether an insurer can prefer an appeal under section 173 of the motor vehicles act, 1988, against an award of the motor accidents claims tribunal, questioning the quantum of ..... judgment dated 13/10/2011, framed the following questions for consideration: i) whether the insurer can contest a motor accident claim on merits, in particular, in regard to the quantum, in addition to the grounds mentioned in section 149(2) of the act for avoiding liability under the policy of insurance? ..... 'ble apex court held that when an insurer is impleaded as a party respondent to the claim petition as contrasted from merely being a noticee under section 149(2) of the act, its rights are significantly different. ..... 433/2005 and the review petition, the present appeal is filed by the appellant urging certain grounds and assailing the impugned judgment in allowing the appeal of the insurance company without following the law laid ..... act to raise grounds other than those mentioned in section 149(2) of the act ..... had filed the said petition under section 166 of the motor vehicles act, 1988 (m.v. ..... act, against an award given by tribunal, is it open to the insurer to prefer an appeal against the award by the tribunal questioning the quantum of compensation, as well as finding as regards the negligence of the .....
Tag this Judgment!Court : Mumbai Goa
..... thrust of the argument, on behalf of the appellant in claiming that the petition filed by dt is barred by limitation and/or delay and laches is that the copy of settlement agreement dated 05.04.2005 was given to dt on 11.04.2005 and he was all along aware about his shareholding in the company (sfipl) and had received the dividend thereto twice that is in the year ending march 31, 2002 and march 31, ..... the brief facts are that sociedade de fomento industrial private limited (sfipl), (company, for short) is a company registered under the companies act, 1956 (the act, for short) with authorised share capital of rs.1,00,00,000/- (rupees one crore only), divided into 50,000 equity shares of rs.100/- each and 50,000 ..... and others, (2002) 108 comp cas 359 (clb), in order to submit that the provisions of the limitation act would not apply to the proceedings before the clb and the company petition cannot be said to suffer from delay and ..... contrary, it is submitted by shri joseph, the learned senior counsel for the respondent-dt that under section 111(4) of the act, the cause of action would arise from the time when the transfers are registered namely, the name of the transferee's are ..... hearing the learned counsel for the parties, i find that although, the clb has adverted to a certain extent, to the question of waiver (para 16) and the applicability of the limitation act, to such proceedings, the main issue was whether, these questions need to be gone into and decided as a preliminary issue .....
Tag this Judgment!Court : Mumbai Goa
..... in order to consider as to whether the petitioner is to be impleaded as a party to the suit, it would be appropriate to note the scope and the meaning of doctrine of lis pendens under section 52 of the transfer of property act. ..... thereafter, an application came to be filed dated 03.06.2005 praying inter-alia to implead the petitioner to the said suit. ..... during the pendency of the said suit, on 27.05.2005 the respondent nos. ..... section 52 of the transfer of property act does not declare a pendente lite transfer by a party to the suit as void or illegal, but only makes the pendente lite purchaser bound by the decision in the pending litigation. .....
Tag this Judgment!Court : Mumbai Goa
..... such information with the owner that the licence possessed by his driver is fake, no action is taken by the insured for appropriate verification, then the insured will be at fault and, in such circumstances, the insurance company is not liable for the ..... the attention of the owner of the vehicle is otherwise invited to the allegation that the licence issued to the driver employed by him is a fake one and yet the owner does not take appropriate action for verification of the matter regarding the genuineness of the licence from the licensing authority. ..... will be issued for the recovery as arrears of land revenue only if, as required by sub-section (3) of section 168 of the act the insured fails to deposit the amount awarded in favour of the insurer within thirty days from the date of announcement of the award ..... the summary of our findings to the various issues as raised in these petitions is as follows: (i) chapter xi of the motor vehicles act, 1988 providing compulsory insurance of vehicles against third-party risks is a social welfare legislation to extend relief by compensation to victims of accidents caused ..... chandra (supra), the motor accident had occurred after deemed 30 days grace period provided for under proviso to section 15(1) of the act, after expiry of licence but before renewal application had been filed. ..... on 12.09.2005 at ..... turn to proceed to canca and dashed to the scooter of said arvind due to which he sustained grievous injuries which resulted into his death on 13.09.2005. .....
Tag this Judgment!Court : Mumbai Goa
..... acquittal of the respondent specifically mentioned that the prosecution failed to prove the guilt of the accused for the offence under section 135(1)(c)(ii) of the customs act, which in any case was required to be proved by the prosecution, it being one of the essential ingredients of the offence under section 135(2). ..... confiscation, offence under section 135 (1)(c)(ii), which is to the effect that if any person attempts to export any goods, which are liable to confiscation under section 113 of the customs act, he shall be liable to punishment of various terms of imprisonment mentioned in the section, was also not established in this case. ..... judicial magistrate framed charge for the offence punishable under section 135(2) of the customs act and proceeded with the trial upon the respondent pleading not guilty to the charge ..... chief judicial magistrate found that the appellant miserably failed to prove the guilt of the accused under section 135(1)(c)(ii) of the customs act and acquitted the respondent of the said offence by order passed on 23.03.2011. ..... rebello (pw-1) that he had produced on record one order dated 26,27.10.2005 passed by the joint secretary, government of india, ministry of finance (department of revenue), in the same matter of seizure of foreign currencies and indian currency from the respondent ..... 2005/a passed by learned chief judicial magistrate, south goa, margao, thereby acquitting the respondent of the offence punishable under section 135(1)(c)(ii) of the customs act .....
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