Court : Mumbai Goa
..... learned counsel further pointed out that considering that the arbitration proceedings were to be governed under the siac rules, the question of invoking proceedings of section 9 of the said act would not arise. the learned counsel further pointed out that the learned judge has misconstrued the agreement and has come to the conclusion that the ..... has totally misconstrued the relevant provisions of law and erroneously come to the conclusion that respondent no.1 was entitled to file an application under section 9 of the said act. the learned counsel, as such, submits that the impugned order cannot be sustained as according to him the learned judge had no jurisdiction to ..... arbitration agreement or arbitration proceedings; whereas the court is free to exercise same power for making appropriate order against the party to the petition under section 9 of the act as any proceedings before it. the fact that the order would affect the person who is not party to the arbitration agreement or arbitration .....
Tag this Judgment!Court : Mumbai Goa
..... by eye witnesses, there is corroborating medical evidence with regard to the injuries sustained by the victims. 46. there is no dispute that when article recovered under section 27 of the evidence act is not immediately sealed, no value can be attached to such recovery. in this regard reliance has been placed by the learned trial court in the case ..... assaulted ganaba desai on his head with danda and caused injuries and also assaulted sapana desai on her right leg. no doubt, the nc was registered for offence under section 323 of i.p.c., since by this time the nature of injuries was not known. since the nc complaint was lodged immediately after the incident, it can be ..... submitted that the intention to kill pw.7 can be inferred from the nature of the injuries caused to him and therefore according to him even the offence punishable under section 307 of the i.p.c. is proved by the prosecution. 8. per contra, the learned counsel, appearing on behalf of the accused, submitted that casual perusal .....
Tag this Judgment!Court : Mumbai Goa
..... proviso to rule 5 was cancelled w.e.f. 1.11.2012. by virtue of deletion of proviso, therefore and upon conjoint reading of section 18 of the said act, the net result is that the manufacturer was now not permitted to pack his product in a non standard size package nor he was permitted ..... heard the submissions made by learned counsel for the petitioner and the respondents. before taking into consideration rival submissions, certain provisions of the act will have to be taken into consideration. 10. section 18 of the said act reads as under:- (1) no person shall manufacture, pack, sell, import, distribute, deliver, offer, expose or possess for sale ..... not permit the petitioner to pack the product in non standard sized package. 8. it was submitted that section 18 of the said act provided for declarations which are to be made on prepackage commodity and the said section 18(1) prohibited the manufacturer from packing any pre-packaged commodity unless such package is in such standard quantities .....
Tag this Judgment!Court : Mumbai Goa
..... relevant to the issue arising in the suit, could have been drawn from the statement of the landlord. 9. it is true that an appeal under section 39(2) of the act before the high court lies only on the substantial question of law. however, the appellate authority in this case reversed the well-considered and well-reasoned judgment ..... dated 15.07.1956. the learned rent controller also noted that the said firm m/s ranum d. p. loundo had filed a case under section 18 of the rent control act wherein the respondents were made parties on the ground of bondafide dispute as to who is the landlord. the learned rent controller also noted that in ..... rent controller upon recording of evidence by judgment and order dated 27.06.2007 directed the eviction of the petitioner from the disputed premises under section 22(2)(i) of the said rent control act. being aggrieved by the said judgment and order, the petitioner has preferred an appeal before the administrative tribunal being eviction appeal no. 10/2007 .....
Tag this Judgment!Court : Mumbai Goa
..... since in prosecution of the said common object, the fence was damaged and witnesses were actually assaulted with the help of dangerous weapons, section 143, 147, 148 and 149 of i.p.c. are also applicable. 64.in view of the above, the impugned judgment ..... in the versions of so called eye witnesses to ascertain as to what role was played by which accused. he submitted that section 34 of the ipc is not attracted as common intention for an attempt to murder or to cause hurt is not spelt ..... report prepared by pw 7. 54. pw 11 francis fernandes acted as one of the panch witnesses for panchanama of recovery of the danda drawn by pw 21 under section 27 of the indian evidence act. he has deposed as follows: on 26/07/2000 at about ..... 8.15 hours he had gone to drop his daughter to her college which is located opposite to porvorim police station and at that time police inspector raikar called him and requested him to act .....
Tag this Judgment!Court : Mumbai Goa
..... all orders that are made by this presiding officer. this is a stereo type recording of findings and conclusions. even in the matters under section 14b of the epf act, this paragraph is invariably found in the orders of the appellate tribunal and particularly delivered by this presiding officer. it has been repeatedly pointed ..... impugned order passed by the appellate tribunal, i find that the appellate tribunal besides taking into consideration the definition of the word 'employee' under the said act has not scrutinized the material to ascertain whether the trainees who are employed by the petitioner would come within the definition of word 'employee' considering the nature ..... record to come to the conclusion that the trainees employed by the petitioner are to be treated as employees within the meaning of the employees provident fund act. the learned counsel has taken me through the impugned order and pointed out that apart from transcribing the definition of the words "employee" and "wages" .....
Tag this Judgment!Court : Mumbai Goa
..... correctness and legality of the judgment and order dated 10/09/2009 by which the sessions court acquitted the respondents of the offences punishable under section 304-b, 498-a and 306 read with section 34 indian penal code. 2. rachana, the deceased, was married to respondent no.1 on 21/04/2003. barely one year thereafter i ..... evidence relating thereto needs no consideration. the question before the trial court and before this court in the present appeal is whether rachana was driven to suicide by the acts of the respondents herein. the evidence on this aspect consists of the deposition of five of the witnesses, pw5 brother vithal, pw6 mother bhavana, pw7 brother vijay, ..... to commission of suicide or a conspiracy or any act facilitating the commission of suicide. the mere fact that rachana was ill treated by the respondents when she was staying in her matrimonial home is not sufficient either to attract the definition of 'cruelty' as defined under section 498-a ipc or is seen to prove that .....
Tag this Judgment!Court : Mumbai Goa
..... the award came to be passed by the land acquisition officer on 22/12/1993. since there was a dispute regarding the apportionment of compensation, a reference under section 30 of the land acquisition act, 1894 was made by the land acquisition officer to the district judge, south goa, which came to be registered as land acquisition case no. 15/1996. 3 ..... gujarat 118) (ii) sardar amarjit singh kalra (dead) by lrs. vs. pramod gupta (smt.) (dead) by lrs. and ors. [(2003) 3 scc 272] 10. the reference under section 30 of the land acquisition act was made by the land acquisition officer on 19/1/1996, by naming all the parties no. 1 to 13, though the original parties no. 6, 7, 9 ..... , it has been also held that the provisions of order 22 rule 3 of c.p.c. are applicable to a proceeding under section 18 of the land acquisition act. hence this judgment cannot help the respondent no. 5 in any manner. 15. in the case of sardaramarjit singh kalra (supra), relied upon by the learned counsel for the respondent .....
Tag this Judgment!Court : Mumbai Goa
..... landless person may be granted land not more than 800 sq. mts: i) public, charitable or religious institutions; ii) for any scheme of providing housing to the economically weaker sections; iii) small scale industrial purposes; iv) government departments or local bodies; v) co-operative housing societies of landless persons; vi) government servants or employees of the comunidades, ..... submitted that there is no document of transfer of flat in the name of the petitioner. he contended that in terms of the provisions of transfer of property act, there can be no transfer without a registered sale deed. 14. we have carefully gone through the entire material on record and we have also considered the ..... originally made by the respondents no. 1 to 12 on 1/1/1984, which applications had remained pending and in the meanwhile on 5/1/1985, the amending act introduced article 334-a. it was urged that the respondents no. 1 to 12 were not landless. the learned division bench of this court held that since .....
Tag this Judgment!Court : Mumbai Goa
..... respect of; (i) the coolie charges or freight charges and (ii) towards repair and maintenance charges. the respondent challenged the demand by filing application under section 75 of esi act contending that it was not liable to pay any contribution in respect of coolie and freight charges as also the repair and maintenance charges. the esi court ..... . while considering the argument that hamalies cannot be considered to be employees of m/s. rajkamal transport the apex court looked into the definition of section 2(9) of the esi act, it's clause (ii) in particular. it noted that clause (ii) envisages that the employees need not necessarily be directly employed by the employer ..... beneficial piece of legislation for the benefits of the employees in such facts the hamalies will have to be treated as employees within the meaning of section 2(9) of the esi act. therefore, the demand by the appellant for the payment of freight charges cannot be disputed or denied. the questions of law framed are answered .....
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