Court : Mumbai Goa
..... rent controller passed an order of eviction of the tenant. the tenant preferred an appeal before the administrative tribunal. the landlord filed an application under section 32(4) of the rent act enclosing a chart showing the default committed by the respondent. the tribunal relied on the judgment of this court in mrs. damayantiben shivaji chauhan ..... referred to (supra) and dismissed the application for stopping of the proceedings and obtaining possession under section 32(4) of the rent act. 6. a division bench of this court in mrs. damayantiben shivaji chauhan (supra) took the view that in an appeal filed by the ..... such an application can only be made before the rent controller at the original stage. therefore, the order passed by the appellate tribunal under section 32(4) of the rent act for stoppage of further proceedings and directing the tenant to put the landlord in possession of the premises for failure to pay or deposit the .....
Tag this Judgment!Court : Mumbai Goa
..... next grievance raised by shri menezes, learned counsel appearing for the petitioners is that the tribunal was not justified to pass an order under section 32(4) of the rent controller act to direct the rent controller to hand over possession of the suit premises to the respondent in case there is default in payment of rent ..... thereof the rent controller directed to pass order stopping the proceedings and handing over possession of the suit premises to the respondent and disposing of the application under section 32(4) filed by the respondent is quashed and set aside. (ii) the remaining part of the impugned judgment dismissing the revision application preferred by the ..... whereby the revision preferred by the petitioners came to be rejected and the learned tribunal has allowed the application under section 32(4) of the goa, daman and diu buildings (lease, rent and eviction) control act, and directed the petitioner to deposit the arrears of rent within a period of 30 days and on failure to .....
Tag this Judgment!Court : Mumbai Goa
..... the learned additional district judge, panaji (reference court, for short) in the said land acquisition case no. 137/1998. 4. vide notification under section 4(1) of the land acquisition act 1894 (l.a. act, for short), published in the official gazette dated 25/4/1994, land was acquired for the purpose of rectification of curve on honda valpoi road ..... (iii) to what compensation, the applicants are entitled in respect of the said severed land, if any? (iv) whether the applicants are entitled to interest under section 28 of the l.a. act from may, 1981? point no.1. 18. aw1, who is the applicant no. 2 has deposed that the acquired land is situated at honda village of ..... the evidence on record it is established that the possession of the acquired land was taken in may,1981. therefore, the applicants are entitled for interest under section 28 of the l.a. act as from may, 1981 has been rightly held by the learned reference court. point no. 4 therefore gets answered in the affirmative. 31. in the .....
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..... the learned additional district judge, panaji (reference court, for short) in the said land acquisition case no. 137/1998. 4. vide notification under section 4(1) of the land acquisition act 1894 (l.a. act, for short), published in the official gazette dated 25/4/1994, land was acquired for the purpose of rectification of curve on honda valpoi ..... (iii) to what compensation, the applicants are entitled in respect of the said severed land, if any? (iv) whether the applicants are entitled to interest under section 28 of the l.a. act from may, 1981? point no.1. 18. aw1, who is the applicant no. 2 has deposed that the acquired land is situated at honda village of ..... the evidence on record it is established that the possession of the acquired land was taken in may,1981. therefore, the applicants are entitled for interest under section 28 of the l.a. act as from may, 1981 has been rightly held by the learned reference court. point no. 4 therefore gets answered in the affirmative. 31. in the .....
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..... plots exhs. 19 to 21. yet the fact remains that the three sale deeds were executed in the year 1989 and in the present case notification under section 4 of the act was published on 28.5.1992 i.e almost after three years from the date of execution of the sale deed. this being the position, there is ..... officer awarded compensation at the rate of rs.30/- per square metre for the respondent's land. 4. dissatisfied with the award, the respondent sought reference under section 18 of the act and claimed compensation at the rate of rs. 150/- per square metre. 5. in land acquisition case no. 84/2003, respondent/claimant examined two witnesses namely ..... panaji in the land acquisition case no. 84/2003 by which the reference under section 18 of the land acquisition act, 1894 (hereinafter referred to as 'the act' for short) has been partly allowed. 3. vide notification dated 24.9.1991 issued under section 4 of the act, which was published in the official gazette dated 28.5.1992, the government of .....
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..... fact that the original defendant basu dipu naik had raised an issue that he was the tenant in respect of the suit property and as such, in terms of section 58 of goa, daman and diu agricultural tenancy act, 1964 ('the act' for short), both the courts had no jurisdiction to decide the issue of tenancy. learned counsel further submitted that ..... section 7 of the act was amended with effect from 21/11/1990 conferring exclusive jurisdiction upon the mamlatdar to decide as to whether the person was tenant. learned counsel further invited my ..... the said order passed by the mamlatdar. 10. mr. d'costa, learned senior counsel for respondent no.1 fairly conceded that in view of amendment carried out to the act, both the decrees passed by the trial court and lower appellate court are unsustainable in law. learned counsel fairly submitted that the trial court will have to decide the .....
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..... against an accused person; and a conviction is not illegal merely because it proceeds upon the uncorroborated testimony of an accomplice . illustration (b) to section 114 of the evidence act provides that: the court may presume that an accomplice is unworthy of credit unless he is corroborated in material particulars . in the case of bhiva ..... of clothes at the behest of the accused no.2, is highly unreliable, unworthy of credence and the same cannot be termed as recovery under section 27 of evidence act. learned counsel further submitted that the alleged extrajudicial confession made by the accused no.2 to pw.75- dr. madhu ghodkirekar, cannot be termed ..... any common intention. therefore, the incident cannot be considered to be a part of conspiracy and the prosecution is not entitled to press into service section 10 of the evidence act. learned counsel further submitted that no trace of any organic or inorganic poison was detected in the juice intended to be administered to dr. verenkar .....
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..... learned magistrate to hear the petitioner/ first informant herein, the accused and learned assistant public prosecutor and give appropriate directions regarding framing of charge under additional sections of indian penal code or any other penal law and also direct further investigation if the magistrate is of the opinion that such a direction is ..... was identified by p.i. anant naik in his statement dated 16/04/2002, has not been made accused. learned counsel further submitted that though some sections of indian penal code were attracted, the same have not been mentioned by the investigating agency. according to learned counsel, chargesheet clearly reveals that the large ..... of public will dated 19/12/1996. most of the properties of the estate were declared to be evacuee properties under the goa administration of evacuee property act, 1964 and continue to vest in management of custodian. the property 'boroda molios' situated at village mayem excluding the chapel and residence of the priest .....
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..... to the grievances and complaints it did not accept them at face value. it studied the system and analyzed the results. it cannot be said therefore that the state government acted mechanically or under an impulse. 71. in r.v. gaitonde v. state of goa and ors. (supra) the division bench of this court also held :- 8. ..... the contention of mr anthony to the contrary cannot be accepted. 16. an argument of desperation was further advanced about promissory estoppel stopping the state government from acting in the manner it did in not appointing the appellants although their names had been recommended. the notification issued by the board in this case was only an ..... by the gpsc, made by its letter dated 6th march,12. the petitioner in writ petition no. 568 of 2012 obtained information under the right to information act, 2005 which discloses the process leading to the impugned decision. the respondents have at no stage withheld any information from the court. in fact, they have disclosed .....
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..... the last of such publication and the giving of such public notice is the date of the publication of the notification. publication of notification under section 4(1) of the l.a. act, therefore plays significant role in determination of the market value and what is relevant is the last of such publication. the notification no. 22 ..... is similar to that of the acquired land. this transaction is less than five years prior to the date of publication of notification under section 4(1) of the l.a. act. prices fetched for similar lands with similar advantages and potentialities under bonafide transactions of sale at or about the time of publication of notification ..... title of the said land acquisition case. 4. facts giving rise to the appeal, in short, are as follows: vide notification published under section 4(1) of the land acquisition act, 1894 (l.a. act, for short), in the official gazette dated 10/10/1991, the government acquired land for construction of utorda to arossim link road (additional .....
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