Court : Mumbai Goa
..... made to decide the same within a period of three months from the date on which it is filed. ? 16. the amendment act, 2010 introducing section 201-b of the act, was a sequel to the report of the goa law commission dated 30/10/2009. the law commission had proposed certain amendments in ..... so as to give effect to the intention of the legislature. (iv) an interpretation, which would lead to absurdity or make any provision redundant, should be discarded. 14. section 66(7) of the act, which is relevant for the purpose reads as under: 66. regulation of the erection of buildings. (1) ............. (2) ............. (3) ............. (4) ............. (5) ............. (6 ..... the petitioner had failed to submit such a clearance. 3. the petitioner challenged the same before the director of panchayats, in an appeal under section 66(7) of the act. the learned additional director of panchayats, margao, by an order dated 17/06/2015, allowed the appeal, directing the first respondent village panchayat .....
Tag this Judgment!Court : Mumbai Goa
..... the petitioner initially before the court of deputy collector with due diligence and in good faith, the petitioner would be entitled to benefit of section 14(2) of the limitation act which excludes the period during which wrong remedy is prosecuted with due diligence from the period of limitation for filing any application. needless ..... diligence and bonafide action in prosecuting the remedy before the wrong court are pleaded and proved, the petitioner could not be given benefit of provisions of section 14(2) of the limitation act. for this submission, he places reliance on the following decisions : (i) premlaxmi and co, a registered parnership firm vs. ingersoll rand ( ..... pleaded and proved by the party relying upon the principle of prosecuting remedy before the wrong court in good faith, as envisaged under section 14(2) of the limitation act. he submits that the application filed by the petitioner for condonation of delay would show that the petitioner was not prosecuting remedy before .....
Tag this Judgment!Court : Mumbai Goa
..... has taken a certain view with regard to heritability of right of mundkar by a person under section 3 and the section has been read down to include some conditions with the aid of section 2(n) of the act and also the objects of the act. 4. after reference was answered as above by the division bench on 18/12/2013, ..... is entitled to be declared as a mundkar in view of section 3 of goa, daman and diu mundkars (protection from eviction) act, 1975 (hereinafter referred to as the act , for short) or in view of definitions contained in section 2(p) and section 2(n) of the act. so far as section 3 is concerned, the controversy has been set at rest by ..... considered appropriately by the tribunal. this is because of the fact that the mundkar act is a special statute and it lays down certain procedure for trying the issue of mundkarship under section 8a or the issue of registration as mundkar under section 29 of the act. then, when this court had directed the tribunal to consider the issue of mundkarship .....
Tag this Judgment!Court : Mumbai Goa
..... has taken a certain view with regard to heritability of right of mundkar by a person under section 3 and the section has been read down to include some conditions with the aid of section 2(n) of the act and also the objects of the act. 4. after reference was answered as above by the division bench on 18/12/2013, ..... is entitled to be declared as a mundkar in view of section 3 of goa, daman and diu mundkars (protection from eviction) act, 1975 (hereinafter referred to as the act ?, for short) or in view of definitions contained in section 2(p) and section 2(n) of the act. so far as section 3 is concerned, the controversy has been set at rest by ..... considered appropriately by the tribunal. this is because of the fact that the mundkar act is a special statute and it lays down certain procedure for trying the issue of mundkarship under section 8a or the issue of registration as mundkar under section 29 of the act. then, when this court had directed the tribunal to consider the issue of mundkarship .....
Tag this Judgment!Court : Mumbai Goa
..... the terms waste matter . it has to be found in the intention of the legislature as ascertained from reading of the whole section. clause (ii) of section 3(1) proscribes only those acts of dumping of excreta, waste matter, carcasses or any other obnoxious substance which are performed with intention to cause injury, insult or ..... be given their full effect plainly and simply. having understood them so, i find that the words waste matter appearing in clause (ii) of section 3(1) of the atrocities act have to be understood differently from the connotation of filth, dirt, repulsion or unpleasantness as conveyed by the words preceding and following them and, ..... by shri sudesh usgaonkar, learned counsel for the applicants reproduced in extenso earlier, with regard to interpretation of the words waste matter appearing in section 3(1)(ii) of the atrocities act by applying doctrine of ejusdem generis , impactful as it is at the first blush, requires, like any other argument raising a legal ground .....
Tag this Judgment!Court : Mumbai Goa
..... would not arise. the learned counsel further pointed out that the petitioners by approaching this court directly have deprived the respondents of their right under section 11a of the industrial disputes act, 1947 to justify any deficiencies by leading evidence before the industrial tribunal. the learned counsel further pointed out that the inquiry officer was justified ..... cannot be held to be reasonable inasmuch as not only it would be contrary to the very object and intention of the aforesaid 1946 act, but also to the express provision of section 10-a(1) thereof. in the facts of the present case, as observed by the tribunal, the workmen did demand payment at the ..... paid a reasonable amount. in the absence of any provision, the tribunal seized of the matter can determine the amount. but when section 10-a(1) of the industrial employment (standing orders) act, 1946 makes a specific provision for payment of subsistence allowance to the workman pending enquiry at the rate of 50% of the wages .....
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..... franco died in the year 1986, while vicent fernandes died in the year 1987. the respondent-leonara fernandes had filed an application under section 29(4) of the goa, daman and diu mundkars (protection from eviction) act, 1975, (the act, for short), against andrew fernandes for registration of her name as a mundkar in respect of the dwelling house bearing no. 5/142 ..... 'i' of item no. 1. the learned deputy collector has then went upon to consider the definition of mundkar under section 2(p) of the mundkar act and has found that it contemplates the consent of the landlord or person acting or purporting to act on behalf of the landlord. it has also been found that the description of plot 'a' of item no .....
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..... franco died in the year 1986, while vicent fernandes died in the year 1987. the respondent-leonara fernandes had filed an application under section 29(4) of the goa, daman and diu mundkars (protection from eviction) act, 1975, (the act, for short), against andrew fernandes for registration of her name as a mundkar in respect of the dwelling house bearing no. 5/142 ..... 'i' of item no. 1. the learned deputy collector has then went upon to consider the definition of mundkar under section 2(p) of the mundkar act and has found that it contemplates the consent of the landlord or person acting or purporting to act on behalf of the landlord. it has also been found that the description of plot 'a' of item no .....
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..... when the suit house itself is not in existence and no application having been filed by the petitioners seeking declaration of right to reconstruct under section 7a read with section 8a of the mundkars act, the issue is no longer open for debate and adjudication. he submits that the suit house being not in existence and no necessary ..... suit house got collapsed and no steps having been taken for restoration of the dwelling house within one year, as contemplated under section 4 of the said act, the petitioners could not be declared as mundkars. he also held that the evidence showed that the petitioners were inducted in the suit house as ..... dated 20.3.1992 declared the petitioners as mundkars. 5. the respondents challenged the said judgment and order of learned mamlatdar by filing an appeal under section 24 of the mundkars act before the collector, north goa, panaji. the learned collector found that after vacating of the suit house in the year 1975 by the petitioners, the .....
Tag this Judgment!Court : Mumbai Goa
..... this perspective also, the court of principal district judge, panaji would have the jurisdiction to try and decide in accordance with law the application filed under section 9, arbitration act, by the appellants. 19. there is yet another dimension to the whole issue. the arbitrator appointed in this case, as informed by learned counsel ..... to judge the appealability of an order which upholds or rejects the objection taken on the maintainability of the suit or an application filed under section 9, arbitration act, as in the present case, on the ground of bar of territorial jurisdiction. the relevant observations of the hon'ble apex court, as ..... , the appellants immediately demanded refund of their amount rs.30/- lakhs from the respondents. a notice was also sent to the respondents under section 11 of the arbitration act. the appellants, however, received an email from the respondents thereby unilaterally terminating both the agreements, one titled as memorandum of understanding-cum-unit .....
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