Court : Mumbai Goa
..... directed to pay fine of rs.2,000/-, in default to undergo simple imprisonment for one month. for the offence under section 7 of cinematography act, he was sentenced to pay fine of rs.5,000/- and in default to undergo simple imprisonment for one month. this judgment and order was ..... to establish that the contents of the cd which was seized during the said raid, were obscene, which can attract provisions of section 292 of indian penal code and section 7 of cinematography act. in fact, this is the basic requirement which should have been established by the prosecution in order to establish the guilt of ..... case no.148/s/2004/d passed by judicial magistrate, first class, d-court, margao for the offences punishable under sections 292 of indian penal code and section 7 of cinematography act. for the offence punishable under section 292 of indian penal code, present petitioner/accused was convicted and sentenced to suffer simple imprisonment for two months and .....
Tag this Judgment!Court : Mumbai Goa
..... of the situation for the revisional court to release the accused on simple admonition without even there being any bond to be taken under section 4 of the probation of offenders act. alternatively, it is argued and this argument was emphasized by learned amicus that it was definitely not warranted by the revisional court to ..... court to take away the substantive sentence imposed on the accused by the first appellate court and then to release him only on admonition under section 3 of the probation of offenders act, 1958. 22. on this aspect, learned amicus curiae has vehemently submitted that considering the standing of the accused being a minister and ..... sentence of imprisonment and simply releasing the accused on admonition, even not taking any bond for good behaviour as contemplated by section 3 of probation of offenders act. 15. so far as recourse to section 482 of criminal procedure code to be taken by this court, following authority is cited by learned amicus: criminal appeal no.1252 of .....
Tag this Judgment!Court : Mumbai Goa
..... hand, mr. diniz, the learned counsel appearing on behalf of the respondent, contended that the case of ruchi majoo is under the guardians and wards act and section 9 of the said act gives jurisdiction to the court where the minor ordinarily resides. he submitted that the facts of the said case are different. he submitted that the respondent ..... hold a summary enquiry into the matter and pass appropriate orders provided it is otherwise competent to entertain a petition for custody of the minor under section 9(1) of the act. further in paragraph 62, the apex court has observed that it does not require much persuasion to hold that the issue whether the court should ..... place where the minor ordinarily resides. the hon'ble supreme court has observed that the solitary test for determining the jurisdiction of the court under section 9 of the guardians and wards act is the ordinary residence of the minor. it is observed that whether the minor is ordinarily residing at a given place is primarily a .....
Tag this Judgment!Court : Mumbai Goa
..... take possession, the authorised officer cannot evict the lessee by force but has to file an application before the chief metropolitan magistrate or the district magistrate under section 14 of the sarfaesi act and state in the affidavit accompanying the application, the name and address of the person claiming to be the lessee. when such an application is filed, ..... 1 has thereafter pointed out that when a lessee is in possession of the mortgaged property, it is incumbent upon the borrower to proceed in terms of section 14 of the sarfaesi act and not by force. in fact, the apex court in the recent judgment reported in (2014) 6 scc 1 in the case of harshad govardhan ..... justified to make such observation. 10. with regard to the rival contention as to whether the jurisdiction of the civil court is barred in terms of section 34 of the sarfaesi act, i find that this aspect need not be gone into at this stage of the proceedings before the learned trial court considering the narrow dispute remaining to .....
Tag this Judgment!Court : Mumbai Goa
..... of indebtedness by the respondent no.1/accused and that the period of limitation is extended and this is more so in view of provisions of section 18 of limitation act. section 18 of limitation act reads thus: 18. effect of acknowledgment in writing. (1) where, before the expiration of the prescribed period for a suit or application in ..... date it would revalidate the time barred cause of action as it is an enforceable promise as cheque is a promise within the meaning of sub-section 3 of section 25 of contract act when the cheque is drawn to pay wholly or in part, a debt which is not enforceable only by reason of bar of limitation. it ..... case no.200/oa/ni/08/e. by the said impugned judgment and order the present respondent no.1 was acquitted of the offence punishable under section 138 of negotiable instruments act, 1881. being aggrieved by the said acquittal appellant/original complainant initially prayed for leave to file appeal and after the leave was granted preferred the present .....
Tag this Judgment!Court : Mumbai Goa
..... place preferably within the jurisdiction of the court. 17. another aspect which the learned judge would have to examine is about the jurisdiction of the court. section 9 of the said act of 1890 provides that jurisdiction to grant custody is by the court where the child ordinarily resides. in the present case, on perusal of the petition filed ..... not be appropriate. the learned judge while passing the impugned order has essentially examined the welfare of the child in the background of the provisions of section 6 of the said act of 1956 and the fact that the child would require the lap of the mother. these considerations by itself as observed by the apex court would ..... our task at least with respect to the limited question of ordering restoration of the custody of the minor child to the mother. he submitted that though section 6 of the act recognises guardianship of the minor child with both the parents, exclusive right of the mother is recognised in respect of the custody of a minor child .....
Tag this Judgment!Court : Mumbai Goa
..... my opinion, it is rightly so. the defendants had not pleaded at all that the said eulogio was served with a notice under section 22(2)(a) of the g.d.d. (lease, rent amd eviction) control act, 1968.the defendants had also not pleaded that the plaintiff was a joint tenant and that any notice given to the plaintiff's ..... second question is whether the learned addl. district judge failed to take into consideration that notice dated 31.7.1978 addressed to eulogio under section 22(2)(a) of the g.d.d. (lent, rent and eviction) control act, 1968 was binding also on the respondent no.1 (plaintiff) considering that the incident of tenancy was of joint tenancy and eulogio was ..... of a tenant is not entitled for share in the tenanted premises and this can be gathered from the definition of tenant in section 2(p) of the goa, daman and diu buildings (lease, rent and eviction) control act, 1968. said definition of tenant reads thus: "2(p) "tenant" means any person by whom or on whose account or behalf the .....
Tag this Judgment!Court : Mumbai Goa
..... was acquired from survey no. 567/2 and 795 square metres was acquired from survey no. 567/3 of st. cruz under the same notification issued under section 4(1) of l. a. act and published in the official gazette dated 24/11/1989, for the same purpose of strengthening and improvement of bund and defending paddy field at pato kator at ..... rs. 30/- per square metres for the entire acquired land. not being satisfied with the offer made by the l.a.o., the applicant made an application under section 18 of the l. a. act which gave rise to the land acquisition case no. 14/2007. 5. in the reference application, in land acquisition case no. 15/2007, the applicant claimed compensation ..... rate of rs 30/- per square metre for the bund. not being satisfied with the compensation offered by the l.a.o., the applicant made an application under section 18 of the l. a. act before the l.a.o. which gave rise to the said land acquisition case no. 15 of 2007. 4. the same acquisition also included land admeasuring 425 .....
Tag this Judgment!Court : Mumbai Goa
..... drawn under which knife was attached, which was allegedly found in a bag carried by him. he, therefore, submitted that the knife was not recovered under section 27 of the evidence act at the instance of the accused. he further submitted that the policemen who brought the accused at the police station had not been examined and, therefore, there ..... in the facts and circumstances of the case the accused could not have been held to have acted in a cruel or unusual manner. he, therefore, urged that section 302 of i.p.c. was not attracted and that at the most section 304(part ii) could have been applied. he urged that the accused was arrested on 28/ ..... fatal and had pierced her heart, thereby making the intention of the accused abundantly clear to kill the deceased. he further submitted that considering the definition of murder under section 300 of i.p.c., the case certainly fell under the definition of murder and, therefore, the learned trial court has rightly held the accused guilty of offence .....
Tag this Judgment!Court : Mumbai Goa
..... vehicle, a goods carriage, an educational institution bus or a private service vehicle. thus, the goods carriage vehicle is a transport vehicle within the meaning of section 2(47) of the m.v. act. 11. both, mr. joshi and ms. kaur, learned counsel for respondents no.2 and 3 and respondent no.1 respectively, submit that the light motor ..... 31 of the paper book. mr. timble submits that the vehicle, in question, was a goods carriage and therefore, is a transport vehicle within the meaning of section 2(47) of the m.v. act. he further submitted that respondent no.2, however, was authorised to drive only (i) motor cycle without gear, (ii) motor cycle with gear and (iii ..... petition no. 101/2005, has approached this court by the aforesaid first appeal. by the impugned judgment and award, respondent no.1's claim petition under section 166 of the motor vehicles act was partly allowed and the respondents no.2, 3 and the appellant, jointly and severally directed to pay to the respondent no.1, an amount of .....
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