Court : Mumbai Goa
..... writ petition filed under articles 226 and 227 of the constitution of india, the petitioner seeks following reliefs: (a) this hon'ble court be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction, commanding the respondents to allot plot no. ..... he further submitted that the letters dated 24/12/2004 and 18/4/2005 are orders of the government rejecting application of the petitioner for allotment of the plot. ..... he contended that in terms of the provisions of transfer of property act, there can be no transfer without a registered sale deed. 14. ..... 1 to 12 on 1/1/1984, which applications had remained pending and in the meanwhile on 5/1/1985, the amending act introduced article 334-a. ..... subsequently, by letter dated 18/4/2005, the petitioner was informed that while scrutinizing her proposal it was found that she has purchased a flat bearing no. ..... on 21/3/2005, the petitioner made requests to the collector, chief secretary and the secretary (revenue) to give reasons for rejection of her application and by letter dated 18/4/2005, the petitioner was informed by the under secretary (revenue) that her application has been rejected as she possesses a flat bearing no. ..... that since the order of allotment was actually issued after the enactment of article 334-a, the action of the state government in allotment of land on lease has to be judged in the light of provisions of article 334-a introduced by amending act. .....
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
..... death of or bodily injury to any person including occupants carried in the insured vehicle (provided such occupants are not carried for hire or reward) but except so far as it is necessary to meet the requirements of motor vehicles act, the company shall not be liable where such death or injury arises out of and in the course of the employment of such person by the insured. ..... honourable apex court noted that the trial court was required to apply principle underlying burden of proof in terms of the provisions of section 106 of the evidence act and finding of dead body wrapped in a blanket in early hours, was required to be proved by the respondent-road transport corporation. ..... i find it appropriate to refer to those judgments as and when occasion therefor arises. 14 ..... he further states that proceedings filed were under section 166 of motor vehicles act and, therefore, future potentials and dependency of claimants on deceased also need ..... by inviting attention to the provisions of section 147 of the motor vehicles act, learned counsel has submitted that in any case, the deceased could not have been recognised as third party and, therefore, the mact should not have taken cognizance of the dispute as ..... by this appeal filed under section 173 of the motor vehicles act, the claimants question the judgment dated 24.09.2008 delivered by motor accident claims tribunal, south goa, margao, in claim petition ..... state of bihar and relied upon the deeming fiction and took advantage thereof ..... of bihar. .....
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..... petition, inter alia, prays for a direction to quash and set aside the communication dated 19.09.2013 of the deputy collector directing the petitioner to pay conversation fees in terms of the goa land revenue code (amendment) act 2013 and accordingly direct the respondents to recalculate the fees payable by the petitioner on the basis of the area of conversion at the rates applicable on the date of making of the application dated 08.03.2013 with ..... senior advocate further pointed out that whilst assessing the amount of conversion fees payable by the petitioner, such fees were assessed on the basis of the goa land revenue code (amendment) act 2013 which came to be published in the official gazette dated 22.05.2013 whereby the fees were substantially increased depending upon the categories such as residential, commercial and industrial. ..... addressed a letter reserving his right to challenge the levy of fees in term of notification dated 22.05.2013 in appropriate proceedings and submitted a bankers cheque for a sum of rs.61,19,040/- towards payment of the conversion fees. ..... it would also be appropriate to note that respondent ..... advocate in support of her submissions has relied upon the judgments of the apex court reported in (2005) 10 scc 203 in the case of union of india and anr. vs. ..... correspondence exchanged between the parties and ultimately on 19.09.2013, the deputy collector directed the petitioner to deposit conversion fees as per the goa land revenue code (amendment) act 2013. .....
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..... , quality of publications, contribution to educational innovation, design of new courses and curricula and extension activities; (iv) after placement in the senior scale participated in two refresher courses/ summer institutes of approved duration or engaged in other appropriate continuing education programmes of comparable quality as may be specified or approved by the university grants commission; and (v) possesses consistently good performance appraisal reports. ..... the 10 year period of fifth pay regime, that is before 31/12/2005, with all consequential benefits, purging the illegal malafide stagnation. ..... according to learned counsel, it is only the union of india acting through ugc, can frame regulations dealing with the qualification required for particular course university and laying down criteria for promotion to various posts in terms of entry 66 of list 1 of schedule 7 ..... of the petitioner is as under: the government of goa issued notification dated 01/12/1984 in which the goa university act, 1984 ('the act' for short) was published. ..... pursuant to the said act, the goa university- respondent no.2 was ..... , the statute sa-19(xi)(4)(d) is contrary to the regulations made by the university grants commission constituted under the university grants commission act, 1956 in exercise of the power conferred under section 26(1) (g) of the said act. ..... senior counsel, respondent no.2 could have framed statutes in consonance with the regulations framed by university grants commission act, 1956. .....
Tag this Judgment!Court : Mumbai Goa
..... , quality of publications, contribution to educational innovation, design of new courses and curricula and extension activities; (iv) after placement in the senior scale participated in two refresher courses/ summer institutes of approved duration or engaged in other appropriate continuing education programmes of comparable quality as may be specified or approved by the university grants commission; and (v) possesses consistently good performance appraisal reports. ..... the 10 year period of fifth pay regime, that is before 31/12/2005, with all consequential benefits, purging the illegal malafide stagnation. ..... according to learned counsel, it is only the union of india acting through ugc, can frame regulations dealing with the qualification required for particular course university and laying down criteria for promotion to various posts in terms of entry 66 of list 1 of schedule 7 ..... of the petitioner is as under: the government of goa issued notification dated 01/12/1984 in which the goa university act, 1984 ('the act' for short) was published. ..... pursuant to the said act, the goa university- respondent no.2 was ..... , the statute sa-19(xi)(4)(d) is contrary to the regulations made by the university grants commission constituted under the university grants commission act, 1956 in exercise of the power conferred under section 26(1) (g) of the said act. ..... senior counsel, respondent no.2 could have framed statutes in consonance with the regulations framed by university grants commission act, 1956. .....
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..... holding any illegally acquired property which is liable for seizure or freezing or forfeiture under chapter v-a of this act is kept or concealed in any building, conveyance or enclosed place, may between sunrise and sunset-- (a) enter into and search any such building, conveyance or place; (b) in case of resistance, break ..... to believe from personal knowledge or information given by any person and taken down in writing that any narcotic drug, or psychotropic substance, or controlled substance in respect of which an offence punishable under this act has been committed or any document or other article which may furnish evidence of the commission of such offence or any illegally acquired property or any document or other article which may furnish evidence of ..... has been observed that the word 'person' would mean a human being with appropriate covering or clothing and also footwear but a bag, brief case or any ..... article which may furnish evidence of holding any illegally acquired property which is liable for seizure or freezing or forfeiture under chapter v-a of this act; (b) detain and search any person whom he has reason to believe to have committed an offence punishable under this act, and if such person has any narcotic drug or psychotropic substance or controlled substance in his possession and such possession appears to him to ..... 2005 sc 2256) and urged that section 50 of ndps .....
Tag this Judgment!Court : Mumbai Goa
..... the learned counsel further submits that even assuming the proceedings under section 5-a of the said act are vitiated it would not be appropriate for this court to quash the notification under section 4 of the said act, as according to him, due to the delay in filing the petition, the proceedings itself would lapse ..... dealing with the first contention referred to herein above, before we proceed to examine the facts in the present case, it would be appropriate to note the observations of the apex court in this connection in the judgment reported in 2012(2) scc 25 in the case of kamal trading (p) ltd. v ..... with regard to the contention of vivek rodrigues, learned additional government advocate to the effect that the proceedings should continue from the stage of section 5a of the said act, we find that the apex court in the said judgment in the case of padma sundara rao (dead) (supra) has examined the said aspect to come to the conclusion that once the report under section 5a stand ..... rodrigues, learned additional government advocate appearing for the respondent nos.1 and 2 has pointed out that from the report under section 5-a of the act submitted by the lao it emerges that the objections raised by the petitioner have not been considered, as the lao had given a hearing to the petitioner and that report need not be in the form of a judgment to ..... an affidavit dated 21.8.2005 would support the said contention ..... second appeal preferred before this court was thereafter withdrawn on 21.9.2005. .....
Tag this Judgment!Court : Mumbai Goa
..... ministry of home affairs, passed an order on 20/11/2013, operative part of which reads thus: now, therefore, the central government in exercise of the powers conferred on it under section 9(2) of the citizenship act, 1955 and rules made there under determines that shri caetano rosario silva resident of goa ceased to be a citizen of india from the date he registered his birth with the central registry of births, ..... feeling aggrieved, the petitioner has approached this court for issuance of a writ of certiorary or any other appropriate writ, order or direction under article 226 of the constitution of india for quashing and setting ..... chadha (supra), on which a common reliance is placed by the petitioner and the third respondent, the question was whether the petitioners are entitled to claim citizenship by descent by virtue of section 4(1) of the act of 1955 and if so, whether they had voluntarily acquired the citizenship of any other country, since they had obtained passports from governments of briton and finland ..... .- (1) any citizen of india who by naturalisation, registration or otherwise voluntarily acquires, or has at any time between the 26th january, 1950 and the commencement of this act voluntarily acquired, the citizenship of another country shall, upon such acquisition or, as the case may be, such commencement, cease to be a citizen of india: provided that nothing in this subsection shall apply to a ..... . sondur gopal, reported in 2005(4) mhlj 688, decision of allahabad high .....
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