Court : Mumbai Goa
..... sanctioned by the tribunal, be binding on all the creditors, all the creditors of the class, all the members, or all the members of the class, as the case may be, and also on the company, or, in the case of a company which is being wound up, on the liquidator and contributories of the company: provided that no order sanctioning any compromise or arrangement shall be made by the tribunal unless the tribunal is satisfied that the ..... that the company court has also to satisfy itself that members or class of members or creditors or class of creditors, as the case may be, were acting bona fide and in good faith and were not coercing the minority in order to promote any interest adverse to that of the latter comprising the same class whom they purported to ..... copy of every such order shall be annexed to every copy of the memorandum of the company issued after the certified copy of the order has been filed as aforesaid, or in the case of a company not having a memorandum, to every copy so issued of the instrument constituting or defining the constitution of the company. ..... (2) if a majority in number representing three-fourths in value of the creditors, or class of creditors, or members, or class of members as the case may be, present and voting either in person or, where proxies are allowed under the rules made under section 643, by proxy, at the meeting, agree to any compromise or arrangement, the compromise or arrangement shall, if .....
Tag this Judgment!Court : Mumbai Goa
..... no doubt, driving of a vehicle in a fast speed by itself would not amount to rashness and negligence on the part of the driver, but in the present case, as stated above, the evidence of three witnesses referred to above establishes that the mini bus was on the left side of the road and the accused who was driving the tanker dashed on the ..... the golden thread which runs through the web of administration of justice in criminal cases is that if two views are possible on the evidence adduced in the case, one pointing to the guilt of the accused and the other to his innocence, the view which is favourable to the accused should be ..... having regard to the evidence led by the prosecution in the present case, in my considered opinion, it could not be said that there was any rashness or negligence on the part of pw.2 mohan naik in driving the mini ..... in so far as the finding given by the learned magistrate that it could be a case of contributory negligence on the part of the driver of the tanker as well as the driver of the mini bus is concerned, ..... an appeal against acquittal by the appellate court is possible only if the findings given by the trial court are totally perverse and the view taken is totally unreasonable, as has been held by the apex court in the case of state of rajasthan (supra) relied upon by mr. ..... impugned judgment though runs into 24 paragraphs, in first 18 paragraphs, the learned magistrate has only narrated the prosecution case and referred to the prosecution evidence. .....
Tag this Judgment!Court : Mumbai Goa
..... adverting to the same, it would be necessary to mention that sometime in the year 2007, pw-1, yogesh sirsat had reported that, in fact, this was not a case of accidental death, but was a planned murder of his father, as there was some dispute between the deceased and his brother. ..... the court must ensure that miscarriage of justice is avoided and if the facts and circumstances of a case so demand, then the benefit of doubt must be given to the accused, keeping in mind that a reasonable doubt is not an imaginary, trivial or a merely probable doubt, but a fair doubt that is based upon reason and common sense. ? ..... the learned counsel submitted that admittedly, no identification parade was conducted in this case and thus, identification of the respondent by the witnesses concerned for the first time before the court, after lapse of four to five years is of no ..... the court must maintain the vital distance between conjectures and sure conclusions to be arrived at, on the touchstone of dispassionate judicial scrutiny based upon a complete and comprehensive appreciation of all features of the case, as well as the quality and credibility of the evidence brought on record. ..... it is submitted that it was not the prosecution case, that the respondent had alighted from the truck, in which case the eye witnesses would have a better opportunity to see the respondent, so as to ..... an appellate court, however, must bear in mind that in case of acquittal, there is double presumption in favour of the accused .....
Tag this Judgment!Court : Mumbai Goa
..... the injury/injuries and, in the event, the accused chooses to disclose the manner in which he sustained injuries, the doctor will be within his right to record the statement made by the accused in that regard and in case, such a statement amounts to admission, the court dealing with the matter would be entitled to rely upon the evidence of the doctor as an admission made by the accused which does not amount to confession. ..... no doubt, the evidence of identification of the accused in the test identification parade by the witness is not the substantive evidence, but, in the present case, in view of the categorical aforesaid two statements of the witness in the cross examination, we find it extremely difficult to place reliance upon her testimony that she had seen the accused taking both the deceased on ..... state of maharashtra [(2006) 10 scc 681], relied upon by the learned public prosecutor, it was held by the apex court that in a case based on circumstantial evidence where no eye witness account is available, another principle of law must be kept in mind that when an incriminating circumstance is put to the accused and the accused offers no explanation or explanation is found to be untrue, ..... pw.17 mohammad rafiq has turned hostile, this fact, coupled with the fact that the mobile in possession of the deceased shekappa was recovered at the instance of the accused, lends corroboration to the prosecution case that it was the accused who had committed the murder of both the deceased. .....
Tag this Judgment!Court : Mumbai Goa
..... act, it has been mentioned that the amount of compensation arrived at as per the chart mentioned therein in the case of fatal accident claim shall be reduced by 1/3rd in consideration of the expenses which the victim would have incurred towards maintaining himself had he been alive ..... (supra), since the deceased was bachelor, 50% had to be deducted towards his personal living expenses but, in the present case, the learned tribunal has deducted only 1/3rd. ..... thus, besides the fact that rule of deduction offers merely a guidance, insofar as the deduction in case of compensation under section 163-a of m. v. ..... be that as it may, in the present case, structured compensation under 163-a of the m.v. ..... he also relied upon the judgment of the full bench of the high court of karnataka in the case of guruanna wadi and another v/s. ..... he, therefore, submitted that the case requires to be remanded back to the tribunal for giving opportunity to the respondents to prove their defence ..... the tribunal relied upon the judgment in the case of national insurance company limited v/s. ..... he further submitted that in the case of kerala s.r.t.c vs susamma thomas ..... therefore, in the present case it can be said though the claimants were not required to plead and establish fault of the respondent no ..... he relied upon the case of sarla verma (smt) and others ..... 1 and 2 submitted that in a case filed under section 163-a of the m.v ..... 111(kant)], in which the judgment of hon'ble supreme court in the case of deepal girishbhai soni? .....
Tag this Judgment!Court : Mumbai Goa
..... : (1) to gratuitously dispose of the properties of the minor; (2) to lease, buy and bid in the auction of the properties of the minor; (3) to become a transferee of rights or creditor as against his ward, except in cases of legal subrogation; (4) to accept gifts from the minor, either inter vivos or by way of will, or from the emancipated or major ex-ward, save after having rendered the accounts of the management, and having obtained general discharge ..... is submitted that the agreement could have been rescinded only if the plaintiff had defaulted in payment of the first instalment of rs.8,00,000/- as per clause (3) of the agreement and in that case, defendants could have forfeited an amount of rs.50,000/- from the amount paid by the plaintiff to the defendants and the defendants were under an obligation to return the balance amount to the ..... it is submitted that as per clause (8) of the agreement the time stipulated for making the payment of the instalment was not the essence of the agreement and in case of default on the part of the plaintiff to pay all instalments on the scheduled date, the defendants were entitled for interest at the rate of rs.18% per annum from the ..... the immovable property, in my view, it would be unjust and improper to grant the decree for specific performance of the agreement in favour of the plaintiff, specifically in the facts of the case that when the agreement is not enforceable in respect of the shares of the defendants 2, 8, 9 and 13 in the suit property. .....
Tag this Judgment!Court : Mumbai Goa
..... rohit bras de sa, learned advocate appearing for the petitioner in reply reiterated that the plea of bias squarely applied to the case and finally invited attention to the regulation 6-b and pressed for a relief in his favour. 9. ..... ground plus 3) with an approval for an additional floor in special cases in stepped formulation not exceeding the total height of 15 mts. ..... the petitioner has therefore failed to make out a case to invoke the jurisdiction of this court for an appropriate writ or directions to the respondents no.2 to 4 to cancel the permission, approvals and licenses granted in favour of the respondent ..... could be considered and granted by the conservation committee on a case to case basis in commercial conservation zone in panaji. 19. ..... is a foot note to this table inasmuch as in the cases of existing 100% coverage, it provides for an additional f.a.r. ..... it contemplates in terms of section 6b.1.1 that all cases dealing with any development/redevelopment/repairs/demolition falling within conservation zone, designated as such, in any plan in force, shall be referred to the conservation committee by the concerned planning and development authorities/town and ..... the building construction act, 2008 provides for the relaxation in case of existing coverage 60% and above. ..... it was also the petitioner's case that the respondent no.6 had direct interest and was aware that the permission for approval was for his client ..... the petitioner had carved a case that the permission granted by the .....
Tag this Judgment!Court : Mumbai Goa
..... by this appeal, the appellant ('the accused' for short) takes exception to the judgment and order dated 29th april, 2010, passed by the additional sessions judge, panaji in sessions case no.27/2009, convicting the accused for the offence punishable under section 307 of indian penal code (ipc) and sentencing him to undergo rigorous imprisonment for four years and to pay a fine of rs.5,000/- and ..... well settled that the burden of proving the right of private defence in a criminal trial is not as heavy as on the prosecution which has to prove its case beyond reasonable doubt and the accused can prove his/her defence by preponderance of probabilities. ..... the apex court further held that this principle would apply to the cases where the injuries sustained by the accused were minor and superficial or where the evidence is so clear and cogent, so independent and disinterested so probable, consistent, creditworthy that it far overweighs the effect of ..... coming to the sentence, in my opinion, considering the facts and circumstances of the case, the interest of justice would be served by sentencing the accused to undergo rigorous imprisonment for two years and to pay a fine of rs.25,000/- (rupees twenty five thousand only) and in default, to ..... lotlikar submitted that even if the entire prosecution case is accepted and the defence of the accused that he acted in the private defence is not accepted, it can be, at the most, said that the accused exceeded his right of private defence and, therefore .....
Tag this Judgment!Court : Mumbai Goa
..... he submits that both the courts below have failed to appreciate this striking feature of the instant case which makes it different from a case where there is a question involved of granting injunction at the behest of one co-owner against other co-owners of the ..... the jurisdiction under article 227 of the constitution of india is extraordinary in nature and has to be exercised only in exceptional cases wherein there is grave miscarriage of justice resulting from violation of fundamental rights or breach of statutory provisions or serious error of law or perversity in the action complained of or the order impugned. ..... but, the trial court has also found that as per the own case of the petitioners, the respondents being in possession of the suit house and suit property for a minimum period of 5 years before filing of the suit, it may not be appropriate to grant temporary injunction in favour of the petitioners ..... on going through the impugned orders and paper-book of the present case, i find that even though prima facie it is established by the petitioners that respondent no.1 and 2 and other brothers had transferred their 3/4th illiquid undivided rights in the suit property to the extent of 900 square ..... relief cannot be granted only because there is an existence of prima facie case in favour of the parties seeking such discretionary relief. ..... he further submits that it is the specific case of the respondents that house was constructed by the father of petitioner no.1 and other .....
Tag this Judgment!Court : Mumbai Goa
..... the appellant-accused has approached this court being aggrieved by the judgment and order dated 4th/5th june, 2010, passed by the learned additional sessions judge (2), south goa, at margao in sessions case no.8/2008, thereby convicting the appellant-accused for the offence punishable under section 302 of the indian penal code (ipc), and sentensing him to undergo life imprisonment and to pay a fine of ..... a close analysis of this decision would show that the following conditions must be fulfilled before a case against an accused can be said to be fully established: (1) the circumstances from which the conclusion of guilt is ..... connection the apex court in the judgment reported in (2011) 3 scc 109 in the case of state through central bureau of investigation v/s mahender singh dahiya, has observed at para ..... it is not the law that where there is any infirmity or lacuna in the prosecution case, the same could be cured or supplied by a false defence or a plea which is ..... it may be interesting to note that as regards the mode of proof in a criminal case depending on circumstantial evidence, in the absence of a corpus delicti, the statement of law as to proof of the same ..... aspect which needs to be considered in the present case is that the prosecution has utterly failed to establish ..... on 7th january, 2008, he confessed his involvement in the case and informed that he would take them to the spot to show the spot where he had committed murder of the deceased on 25th december, and thereafter dumped .....
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