Court : Mumbai Goa
..... when the contribution has been paid for the property by the plaintiffs and the defendants such claim cannot be considered to be a benami transaction in terms of section 2 of the said act. 13. the learned single judge of this court in similar circumstance in the case reported in 2002(3) bom. c. r. 475 in the case of vittaldaulat ..... by the defendant nos. 1 and 2 who are the appellants herein. the learned counsel further pointed out that this itself shows that the bar in terms of section 4 of the said act is not applicable to the respondents in the facts and circumstances of the case. 10. i have considered the submissions of the learned counsel and i have also ..... be given by the benamidar as well as the person claiming such right in the property, such transaction cannot be termed as a benami transaction in terms of section 2 of the said act. the learned counsel thereafter has taken me through the plaint and pointed out that it is the case of the appellants and respondent nos. 1 and 2/plaintiffs .....
Tag this Judgment!Court : Mumbai Goa
..... requirement of mentioning the month and year of manufacturing is mandatory. hence, there is infringement of the provision of rule 6(1)(d) of the rules and section 18(1) of the act. 14. it may be true that in the impugned order dated 04/09/2013 it is not specifically mentioned that the month and year of manufacture is required ..... , even otherwise, said rule 6(1)(d) of the rules, does not refer to 'prepackaged commodity' but to any kind of commodity. he pointed out that section 2(l) of the act defines pre-packaged commodity?. he further submitted that the name of packager has not been mentioned due to which there is infringement of rule 6(1)(a) of ..... , the question was whether the words or otherwise unfit for human consumption? are disjunctive of the rest of the words preceding them as used in section 2(1)(f) of the prevention of food adulteration act, 1954. section 2(1)(f) defined the term 'adulterated' as follows: (f) if the article consists wholly or in part of any filthy, putrid, rotten, .....
Tag this Judgment!Court : Mumbai Goa
..... the accused is sentenced to pay fine of rs.10,000/-, in default, to undergo imprisonment for 10 days. the conviction for offence punishable under section 8 (2) of the children' s act is maintained. for this offence, the accused is sentenced to suffer rigorous imprisonment for one month and to pay fine of rs.10,000/-, in ..... rajasthan? was cited. in that case, the apex court has discussed the circumstances like failure of the accused to explain incriminating circumstances in view of section 114 iii (g) of the evidence act. it is observed by the apex court that adverse inference is possible only if incriminating circumstances are full established. there cannot be any dispute over this ..... is sentenced to suffer rigorous imprisonment for six months and to pay fine of rs.10,000/-. he is also convicted for offence punishable under section 8 (2) of the goa children's act, 2003 and he is sentenced to suffer rigorous imprisonment of six months and to pay fine of rs.10,000/-. both the sides are heard .....
Tag this Judgment!Court : Mumbai Goa
..... respondent no.10 has drawn our attention to the relevant laws and rules. 8. the goa ( regulation of land development and building construction ) act, 2008 and the rules thereunder show the definition of 'right of way' in section 2(113) as the 'road or the right of way' to mean the right of way of the road or street inclusive of the ..... on north, south and also on west of the property. 14. our attention has been drawn to the rule relating to the restrictions on development within setback in the aforesaid act under regulation 4.5. the restriction which requires the setback area to be kept permanently open to sky specifies that it should not be used for stacking materials or loose ..... width is shown in the site inspection plan carried out as per this court's directions. 11. our attention is further drawn to the table ix-a in the aforesaid act. clause 12.1 of the table is in respect of the regulations regarding the roads which show the minimum width of road for a right of way or road width .....
Tag this Judgment!Court : Mumbai Goa
..... is entitled to deal with the petitioner, in the same manner as was the society, as per the provisions of the education act. in terms of sub-section (7) of section 20 of the education act, if at any time on the application of the managing committee or manager of the school or otherwise it appears to the ..... prior to the date of filing of nomination papers for election by the petitioner, the management of the society has been taken over by the government, under section 20 of the education act, which provides as under: 20. taking over management of school.- (1) whenever the administrator is satisfied that the managing committee or manager of any ..... it was alleged that the petitioner holds an office of profit under the government of goa and hence was disqualified to contest municipal election in terms of section 16 of the municipalities act. the said election petition was registered as election petition no. 1/2010/i. 6. the petitioner filed written statement and contested the election petition, .....
Tag this Judgment!Court : Mumbai Goa
..... case and considered by the supreme court is distinguishable on facts and as well as on law. 14. the application is filed under section 12 of the d.v. act. section 3 of the said act covers different types of domestic violence which is physical abuse, sexual abuse, emotional abuse and so also various types of harassment threats, ..... earlier phrase used, indicating the past tense about the relationship is rendered negatory or not, is required to be examined on the basis of other sections. the act itself provides internal aid for interpretation of sections, which can be analyzed together. 9. in the case of smt. bharati naik vs. shri ravi ramnath halarnkar? (supra), the same ..... and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; 10. for understanding of term respondent? in section 3 one has to read definition of respondent under section 2(q) of the act, which reads as follows: 2 (q) respondent? means any adult male person who is, or has been, in a .....
Tag this Judgment!Court : Mumbai Goa
..... the question of finding out whether it is established by the said defendants that the ingredients required to establish the right of easement in terms of section 15 of the easement act have been established by them, as required by this court, would not arise. the pleadings cannot be construed strictly and they would be liberally ..... the petitioners will have to establish from the evidence on record as to whether the ingredients required to establish the right of easement in terms of section 15 of the act have been established by the petitioners. the judgment in the case of govinda pillai gopala pillai?(supra), passed in the peculiar circumstances of that case ..... kantak, learned senior counsel appearing on behalf of the petitioners, submitted that all the facts relevant for hearing the issue of easement by prescription under section 15 of the easement act are already there in the written statement/counter claim. he then read out the schedule of the amendment proposed to be made to the written .....
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..... stability certificate. learned counsel took me through the provisions of building bye laws, the definition of the municipal civil engineer, who is appointed under section 72 of the municipalities act and also through the duties, which are to be performed by him. learned counsel has further submitted that while granting occupancy certificate, as per ..... of revision or renewal was not followed and the permission was granted on the basis of the note put up by the applicant/accused. section 184 of the municipalities act states about the control over the building. learned prosecutor has further submitted that at the time of the revision or renewal of the licence, ..... and also prosecution. therefore, these offences occur due to intentional omission to follow a procedure. the definition of the 'act' under section 32 of the indian penal code to seem: "32. words referring to acts include illegal omissions.-- in every part of this code, except where a contrary intention appears from the context, words .....
Tag this Judgment!Court : Mumbai Goa
..... the trees. the claimants i.e. the respondents did not agree with the said amount of the award and approached the collector/slao under the act and thereafter made reference under section 18 of the land acquisition act, 1884 ('the act?, for short). to the district court. 5. the respondents/state appeared in the reference. the state filed reply. the claimants examined three witnesses ..... . the land from the sale deed was a smaller plot, while the land acquired is a bigger one. the sale instance is of june 1987 and the notifications under section 4 for the acquisition of the impugned land are of 24/11/1988 and 31/1/1991. in paragraphs 34 and 35 of the judgment, the reference court has also ..... therefore, these two appeals are decided by this common judgment. 3. the government has acquired the land admeasuring 960 square metres from survey no.4/6 by notification under section 4 bearing no.22/143/90-rd dated 31/1/1991 and the slao has passed the award dated 4/3/1993 at the rate of rs.4/- per sq .....
Tag this Judgment!Court : Mumbai Goa
..... schedule under section 320 cr.p.c.?. 16. in the present case, the accused had injured himself in the accident and ..... life or is likely to cause hurt or injury to any other person then that is considered as an offence and under section 338. if a grievous hurt by any person is caused by doing rash and negligent act and if endangering human life to others then the offence is committed. the nature of the offence appears similar. however, ..... of intention. another set of offences, which ought to be liberally compounded, are sections 147 and 148 ipc, more particularly where other offences are compoundable. it may be added here that the state of madhya pradesh vide m.p. act 17 of 1999 (section 3) has made sections 506(ii) ipc, 147 ipc and 148 ipc compoundable offences by amending the .....
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