Court : Mumbai Goa
..... learned j.m.f.c. ponda against the appellant (accused) for offence punishable under section 286 of indian penal code (i.p.c.) read with section 5 of the explosive substances act, 1908 (the act). since the offence punishable under section 5 of the act was triable exclusively by the sessions court, the case was committed to the sessions court ..... and sulphur. exhibit 9 gave positive test for the presence of potassium and chloride ions. 18. in terms of section 2(a) of the act, the expression explosive substance? shall be deemed to include any materials for making any explosive substance; also any apparatus, machine, implement or material used, or intended to be used, or adapted for causing ..... . 20. be that as it may, even if the said articles were found to be capable of constituting explosive substance, then also it could not have been held that the offence under section 5 of the act was proved. coupled with such possession or control, there had to be circumstances to give rise to a reasonable .....
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..... upon, more so, when oral evidence cannot help the court when it is in the form of words against words by rival parties. considering the implication of section 83 of the indian evidence act, presumption can be drawn in respect of map or plan drawn by competent public official in such cases so as to resolve the controversy between the arties. it .....
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..... form prescribed. in the present case, it is not disputed that in fact the petitioner submitted such application in the form prescribed on 08.03.2013. sub-section (2) of section 32 of the revenue code provides that the collector has to acknowledge the receipt of such application within seven days. but, however, in the present case, ..... out that whilst assessing the amount of conversion fees payable by the petitioner, such fees were assessed on the basis of the goa land revenue code (amendment) act 2013 which came to be published in the official gazette dated 22.05.2013 whereby the fees were substantially increased depending upon the categories such as residential, commercial ..... between the parties and ultimately on 19.09.2013, the deputy collector directed the petitioner to deposit conversion fees as per the goa land revenue code (amendment) act 2013. the petitioner thereafter requested the deputy collector on 24.09.2013 to amend the memorandum dated 13.08.2013 so as to include the open space of .....
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..... kept in the plot no.l-2 some of which was open to air and rain apparently attracting the provisions of section 16 read with section 15 of the environment (protection) act, 1986 and section 269 ipc while declining to quash the fir. all these judgments are clearly distinguishable and cannot substantiate the case of the ..... prescribed permissible limits for drinking water and accordingly giving rise to the report against the petitioner for the offence punishable under section 269 ipc and section 16 read with section 15 of the environment (protection) act, 1986. 17. in nazeem (supra), this court while dealing with the petition considered whether the contents of the fir ..... which a person in good faith believes himself to have a lawful right to obstruct, is not an offence within the meaning of this section. section 341 ipc reads thus:- section 341. punishment for wrongful restraint-whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one .....
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..... on such illegal finding. it was contended on behalf of the respondent-plaintiff that in view of the statutory bar against the creation of any tenancy under section 74 of the act the position was inescapable that the alleged tenancy set up by the dependent created in 1971 had been rightly rejected by the courts below. their lordships observed ..... that the issue of mundkarship was the main issue and could not have been decided by the civil court requiring a reference in terms of the section 32 of the mundkar act without assigning any findings for such a hasty conclusion. the learned appellate court had erred in holding that the issue no.3 involves adjudication whether the ..... that he had been residing in the suit house from 1975 with the consent and knowledge of the petitioner and taking into consideration a explanation clause of section 2(p) of the act. 14. in mitra of archdiocese (supra), it was clear from the pleadings that the respondent had pleaded all the facts necessary for raising of his .....
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..... order. it is submitted that the name of the original applicant is recorded in the form no.i and xiv as a tenant, which has a presumptive value under section 105 of the goa land revenue code. the learned counsel submits that the dc case filed by the original respondents for correction of the said entry was withdrawn. ..... at corranguinim village of sanguem taluka. 3. the brief facts are that now deceased shankar gopal bhandari filed an application under the goa, daman and diu agricultural tenancy act, 1964 (the act, for short) against now deceased pundalik sanvordekar and dr. upendra sanvordekar, claiming a declaration about he being a tenant of the property bearing survey no.18/1 at ..... private purchase of portion of the land, would not be sufficient to negate the claim of the tenancy in respect of the remaining land. no prohibition under the tenancy act for a tenant going for a private purchase of the land or part of it, was brought to my notice. 11. i have carefully gone through the judgment .....
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..... certain amount of supervision and control. thus, in my considered view, the authorities below were justified in holding that these four persons would be 'employees', under section 2(f) of the act. 15. in the case of the managing director, hassan co-operative milk producer's society union ltd. (supra), the appellant was a federal society engaged ..... come to the conclusion, that the four persons, styled as pilots/commission agents would fall within the ambit of the definition of the 'employee' under section 2(f) of the act. it is submitted that the authorities below have rightly considered the material and the orders do not suffer from any infirmity. the learned counsel places ..... these persons was purely on temporary basis and for a casual nature of work and they cannot be termed as 'employees' within the meaning of section 2(f) of the act. it is submitted that the authorities below failed to consider the declarations given by the pilots namely shri abbas khan and shri dattaprasad bandodkar and .....
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..... thereunder. (iii) needless to say, that no animal shall be slaughtered without obtaining the certificate from the competent authority in terms of sub-section (2) of section 4 of the goa animal preservation act, 1995 as well as slaughter house rules, 2001 in the light of the observations made herein. (iv) the competent authority and the veterinary ..... there is no provision pointed out by the petitioners which shows that there is any bar in transporting animals outside the state of karnataka. section 8 of the karnataka animal preservation act, inter alia, provides that no person shall transport or offer for transport or cause to be transporting any animal or cows, from any place ..... each animal and the certificate must disclose as to why the competent authority feels the animal is fit for slaughter in terms of the provisions of section 4 of the said preservation act, read with the decision of the apex court in the case of state of gujarat vs. mirzapur moti kureshi kassab jamat and ors. reported .....
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..... insist on levying and collecting fees from the petitioners on tendu leaves and tobacco brought by them in their respective market areas. the substantive part of section 31 of the marketing act lays down two things. it empowers the committee to levy and collect fees from every purchaser and that purchaser must be a purchaser of agricultural produce ..... v/s the goa agricultural produce market committee, margao. 8. we have considered the submissions of the learned counsel and we have also gone through the records. section 31 of the act of 1963 reads thus : "31. power of market committee to levy fees [and rates of commission (adapt)] [(1)] it shall be competent to a market ..... of market fees itself for such produce is unconstitutional. it was also pointed out by the learned counsel appearing for the petitioners that in terms of section 31 of the said act of 1963 in the alternative and in any event, in view of the proviso to the said provisions as the petitioners are procuring copra from different .....
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..... judgment. he submits that there are enough circumstances on record to show that the original tenant did not intend to take benefit of section 22(3) of the act, as he had expressed intention to contest the same and the application was indeed contested. he submits that thus the learned rent controller could not ..... complies with his obligation under the tenancy. he submits that the original tenant having promptly deposited the arrears of rent cannot be denied the benefit of section 22(3) of the act, merely because the proceedings were contested on merits. 10. on the contrary, shri agha, the learned counsel for the respondent has supported the impugned ..... determined the costs in his judgment dated 28/09/2000 which have been deposited. thus nothing prevented the rent controller from giving the benefit of section 22(3) of the act which was rightly extended. the learned senior counsel has submitted that the administrative tribunal was in error in interfering with the said order. 9. .....
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