Court : Mumbai Goa
..... learned j.m.f.c. ponda against the appellant (accused) for offence punishable under section 286 of indian penal code (i.p.c.) read with section 5 of the explosive substances act, 1908 (the act). since the offence punishable under section 5 of the act was triable exclusively by the sessions court, the case was committed to the sessions court ..... and sulphur. exhibit 9 gave positive test for the presence of potassium and chloride ions. 18. in terms of section 2(a) of the act, the expression explosive substance? shall be deemed to include any materials for making any explosive substance; also any apparatus, machine, implement or material used, or intended to be used, or adapted for causing ..... . 20. be that as it may, even if the said articles were found to be capable of constituting explosive substance, then also it could not have been held that the offence under section 5 of the act was proved. coupled with such possession or control, there had to be circumstances to give rise to a reasonable .....
Tag this Judgment!Court : Mumbai Goa
..... the state of goa. at the same time, the state government declared that in its opinion, sub-section 1 of section 17 of the l.a act is applicable and, therefore, by virtue of sub-section 4 of section 17 of the l.a act, section 5-a thereof shall not apply in respect of the said acquisition. 7} it is the case of ..... of the executive power of the union government is permissible hereunder. in appreciating the above submission made on behalf of the petitioners it may be seen that section 3(ee) of the act defines the expression appropriate government to mean, in relation to the acquisition of land for the purposes of the union, the central government, and in ..... in official gazette dated 8th august 2008. the notification was then published by affixation on 14th august 2008. this reply does not confirm with the requirement of section 4(1) of the act. 111} the learned advocate general, in reply to these submissions of mr.sonak which are adopted by other counsel, has urged that the statements made in .....
Tag this Judgment!Court : Mumbai Goa
..... 2000, by filing an application for impleading them as parties. however, morajkar group withdrew the said civil application no. 444/2006 on 09/06/2009. under section 40 of the evidence act, previous judgments are admissible in support of a plea of res judicata in civil cases. if not res judicata, the principles analogous to that are applicable. in ..... be no dispute in respect of the principal laid down in the case of jacinto minguel de quadros barretto (supra), that the proceedings in reference under section 30 of the act are in the nature of interpleader's suit and parties are required to plead their case and lead evidence in support of the cases. there can be no ..... /- as compensation for the said acquired land. however, there was dispute regarding the ownership of the property. hence, the l.a.o. made reference under section 30 of the land acquisition act, 1894 (the act, for short) which gave rise to the said l. a. case no. 12 of 1991. 3. for the sake of convenience, the appellants shall .....
Tag this Judgment!Court : Mumbai Goa
..... (xiv) in the alternative, even if, the incident is believed the case cannot at all come under the definition of murder and at the most it can fall under section 304 (ii) of i.p.c. 32. mr. rivonkar, learned public prosecutor, submitted that if some offence is disclosed, a police officer can make preliminary inquiries and ..... is proved to be homicidal? (ii) whether the prosecution has proved beyond reasonable doubt that the accused persons caused the death of vasant sastikar? (iii) whether the act of the accused in causing death of vasant sastikar amounts to murder or culpable homicide not amounting to murder? 26. insofar as the first question is concerned, homicidal death ..... they had injuries on their person they were referred to azilo hospital, mapusa. the arrest panchanama is at exhibit 53 for which babasaheb shetty (p.w.8) acted as one of the pancha witnesses. the clothes of the accused persons were attached. statement of witnesses were recorded by p.w.15. exhibits were forwarded to central .....
Tag this Judgment!Court : Mumbai Goa
..... (xiv) in the alternative, even if, the incident is believed the case cannot at all come under the definition of murder and at the most it can fall under section 304 (ii) of i.p.c. 32. mr. rivonkar, learned public prosecutor, submitted that if some offence is disclosed, a police officer can make preliminary inquiries and ..... is proved to be homicidal? (ii) whether the prosecution has proved beyond reasonable doubt that the accused persons caused the death of vasant sastikar? (iii) whether the act of the accused in causing death of vasant sastikar amounts to murder or culpable homicide not amounting to murder? 26. insofar as the first question is concerned, homicidal death ..... they had injuries on their person they were referred to azilo hospital, mapusa. the arrest panchanama is at exhibit 53 for which babasaheb shetty (p.w.8) acted as one of the pancha witnesses. the clothes of the accused persons were attached. statement of witnesses were recorded by p.w.15. exhibits were forwarded to central .....
Tag this Judgment!Court : Mumbai Goa
..... , but rather the same came to be brought on record during the course of cross examination of defendant's witness? 2) whether in terms of section 58 of the indian evidence act, 1872, the admissions made by parties during the hearing/trial can be accepted as substantive evidence and reliance placed thereupon? 3) whether the defendant, ..... second appeal filed on 30/7/2003 is maintainable in view of the amended provisions of the code of civil procedure by virtue of section 5 r/w section 16 of the code of civil procedure (amendment) act, 2002? 11. mr. d. j. pangam, learned advocate, argued on behalf of the plaintiffs whereas, mr. galileo teles, learned ..... the plaintiffs wanted to undertake the construction. the defendant had filed the proceedings under case no. jm/mund/1/92 under section 6(1) of the goa, daman and diu mundkar (protection from eviction) act, 1975 alleging that the plaintiffs tried to dispossess him from enjoying his easementary right over the area behind his residential house. .....
Tag this Judgment!Court : Mumbai Goa
..... , but rather the same came to be brought on record during the course of cross examination of defendant's witness? 2) whether in terms of section 58 of the indian evidence act, 1872, the admissions made by parties during the hearing/trial can be accepted as substantive evidence and reliance placed thereupon? 3) whether the defendant, ..... second appeal filed on 30/7/2003 is maintainable in view of the amended provisions of the code of civil procedure by virtue of section 5 r/w section 16 of the code of civil procedure (amendment) act, 2002? 11. mr. d. j. pangam, learned advocate, argued on behalf of the plaintiffs whereas, mr. galileo teles, learned ..... the plaintiffs wanted to undertake the construction. the defendant had filed the proceedings under case no. jm/mund/1/92 under section 6(1) of the goa, daman and diu mundkar (protection from eviction) act, 1975 alleging that the plaintiffs tried to dispossess him from enjoying his easementary right over the area behind his residential house. .....
Tag this Judgment!Court : Mumbai Goa
..... view we propose to take and the manner of disposal intended to be given, it is unnecessary for us to even advert to the relevance or applicability of section 28-a of the act to the case of the nature before us. the 4th respondent indisputably is a co-owner along with her children who were added as petitioners 2 to 5 ..... officer (l.a.o.), by award dated 25/10/1991 awarded the universal rate of rs. 6/- per square metre to the entire land acquired vide the said notification under section 4(1) of the l.a. act, published on 7/2/1989. 3. not being satisfied with the offer made by the l.a.o., both the appellants filed applications under ..... section 18 of the l.a. act which gave rise to the land acquisition cases no.170/1996 and no.168/1996. the applicant of l.a.c. no. 170/1996 who is the appellant of first .....
Tag this Judgment!Court : Mumbai Goa
..... view we propose to take and the manner of disposal intended to be given, it is unnecessary for us to even advert to the relevance or applicability of section 28-a of the act to the case of the nature before us. the 4th respondent indisputably is a co-owner along with her children who were added as petitioners 2 to 5 ..... officer (l.a.o.), by award dated 25/10/1991 awarded the universal rate of rs. 6/- per square metre to the entire land acquired vide the said notification under section 4(1) of the l.a. act, published on 7/2/1989. 3. not being satisfied with the offer made by the l.a.o., both the appellants filed applications under ..... section 18 of the l.a. act which gave rise to the land acquisition cases no.170/1996 and no.168/1996. the applicant of l.a.c. no. 170/1996 who is the appellant of first .....
Tag this Judgment!Court : Mumbai Goa
..... senior officers who were supposed to supervise the investigation have also not discharged their duties as required. it is really unfortunate that a serious crime punishable under section 406, read with 34 of ipc has not been investigated in the right spirit, for the reasons best known to the investigation officers and the senior officers ..... a fair, proper and wholesome investigation into the offences registered vide crime no.113/2009 of the pernem police station, and thereafter to file a report under section 173 of the code of criminal procedure within 3 months, and to take all such other action as law mandates in that regard, or, b. in ..... 5th may, 2011, the petitioners lodged a report at the pernem police station, alleging commission of various offences under the indian penal code and the prevention of corruption act, by several persons in relation to a loan granted to durga english high school, at parsem, pernem, goa under infrastructure development. according to the petitioners, though a .....
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