Court : Mumbai Goa
..... of both sides. the only point that comes up for my consideration in this petition is: whether the impugned order refusing to exercise discretion under section 5 of the limitation act in favour of the petitioners is arbitrary and unreasonable? 7. learned senior counsel for the petitioners has submitted that the impugned order discloses complete non- ..... learned district judge in rejecting the application for condonation cannot be said to be the result of any arbitrary and unreasonable exercise of power conferred under section 5 of limitation act, 1963. the point is answered as in the negative. in the result, the writ petition stands dismissed. rule is discharged. parties to bear their ..... if sufficient and good grounds have been made out or not and that each case has to be weighed from its facts and the circumstances in which party acts and behaves. with theses observations, the hon'ble supreme court laid down a principle that if it is seen from the conduct, behaviour and attitude of .....
Tag this Judgment!Court : Mumbai Goa
..... such relief can be granted. on mere apprehension, the learned mamlatdar cannot grant a relief as prayed for. 8. on going through the provisions of section 4 of the mamlatdars courts act, an injunction can be granted essentially in cases in which the impediment has been done or attempted to be done. in the present case, the learned ..... in the free flow of water to the property of the respondents. the learned counsel also pointed out that in terms of the provisions of section 4 of the mamlatdar's courts act, such proceedings are to be filed within one year and both the authorities below have come to the conclusion that the plaint filed by ..... 2c and 3a. 4. the above petition challenges the orders passed by the learned mamlatdar and the learned dy. collector whereby in the proceedings under section 4 of the mamlatdar's courts act, the learned mamlatdar has granted a relief inter-alia directing the petitioners, their agents, contractors not to interfere and disturb the respondents from using the .....
Tag this Judgment!Court : Mumbai Goa
..... interest at 9% per annum from the date of the application till the date of the award. the tribunal directed that the amount received by the claimants under section 140 of the motor vehicles act, 1988, shall be adjusted while paying the amount of compensation. 2. the appeal is filed by the national insurance company limited. the claimants, owner and driver of .....
Tag this Judgment!Court : Mumbai Goa
..... another are called individually "partners" and collectively "a firm", and the name under which their business is carried on is called the "firm name".? (b) section 9 of the act says that: 9. general duties of partners - partners are bound to carry on the business of the firm to the greatest common advantage, to be just ..... was himself the partner of the complainant, he did not need any power of attorney to file complaint or to depose on behalf of the complainant. 16. (a) section 4 of the act lays down as under: 4. definition of "partnership", "partner", firm" and "firm name"- "partnership" is the relation between persons who have agreed to ..... the said criminal case. 5. the complainant, the partnership firm represented by its partner, namely shri pandharinath chafadkar, had filed the complaint under section 138 of the negotiable instruments act, 1881, ('n. i. act') against the accused. it was alleged that the accused had issued a cheque bearing no.1267782 dated 20/02/2006 for an amount of .....
Tag this Judgment!Court : Mumbai Goa
..... the petitioner is liable to be quashed and set aside. 5. mr. nadkarni, learned counsel appearing on behalf of the petitioner read out the provision of section 29 of the act and pointed out that the inspection was carried out by the complainant, who is inspector or authorised officer on 24/01/2012, but the complaint was filed ..... said complaint, the learned jmfc issued summons to the petitioner. the said complaint was not made within the prescribed limitation period of three months as stipulated in section 29 of the act. neither in the inspection note nor in the show cause notice, respondent no. 2 has alleged that the persons working were recruited from inter-states for ..... . it is alleged that inter-state migrant workmen numbering 23 were employed on 28/12/2011 without obtaining the registration and, therefore, there is violation of section 4(1) of the act. it is further alleged that the notices showing rates of wages, hours of work, wage period, dates of payment of wages, name and address of .....
Tag this Judgment!Court : Mumbai Goa
..... advocate for the respondent no. 2, has submitted that the judgment of the full bench of karnataka high court has laid down that a claim petition under section 110-a of the motor vehicles act, 1939, by the person sustaining bodily injuries in a motor accident, claiming compensation for personal injuries as also for compensation towards expenses, loss of income, etc., (loss .....
Tag this Judgment!Court : Mumbai Goa
..... quepem (trial magistrate) and thereafter the prosecution had examined all together 23 witnesses in order to prove its case. the statements of accused persons came to be recorded under section 313 of the code of criminal procedure, 1973. the case of the accused persons was of denial simplicitor. they did not examine any witness in their defence. 5. ..... . the respondents (accused) were tried by the learned judicial magistrate first class in criminal case no. 35/s/2003/a for offences punishable under sections 324, 341, 504, 506(ii) r/w. section 34 of the indian penal code (i.p.c.). the said case was a culmination of a charge sheet filed by quepem police alleging that ..... through the entire record and proceedings. i have considered the submissions advanced by the learned counsel appearing on behalf of both the parties. 9. pw1, ganpat shetkar who acted as one of the panch witnesses for the panchanama of the scene of offence and the sketch (exhibit 16-colly), is the father of pw7, on account of whom .....
Tag this Judgment!Court : Mumbai Goa
..... marriage solemnized in a foreign country between parties of whom one atleast is a citizen of india, as they apply in relation of marriages solemnized under that act. from the language of section 18 of fma, 1969, it is clear that parliament has added provisions of chapter 4, 5, 6 and 7 of sma, 1954 to fma, ..... and also confer jurisdiction upon competent courts to try the disputes thereunder in accordance with procedure prescribed therein. by referring to all these provisions, section 18, fma, 1969 has incorporated them in the act and by such incorporation, they now form an integral part of fma, 1969, as if they have been enacted originally. therefore, when ..... short question which is as follows:- whether the district court has jurisdiction to entertain a civil suit instituted under section 18 of the foreign marriage act, 1969 (the fma, 1969? for short) read with section 38 of the special marriage act, 1954( the sma, 1954? for short) in view of the judgment rendered by the high court of .....
Tag this Judgment!Court : Mumbai Goa
..... 5......................... that the open terrace area cannot form part of the built up area; in the result, the assessee would be entitled to deduction under section 80- ib(10) of the act and that the assessee would be entitled to proportionate relief as regards the units having built up area not more than 1500 square feet.............? (emphasis supplied ..... the material on record inter-alia held that the presence of common area is not a condition in order to qualify for deduction under section 80- ib(10) of the said act. nevertheless, upon inspection of the concerned residential unit came to the conclusion that the row house constructed by the appellant had a courtyard ..... of villas/bungalows/row houses are independent and do not share common areas, the appellant did not fulfill one of the conditions specified under section 80-ib(10) of the said act and as such invited the objections of the appellant. a reply was filed by the appellant disputing the said contention and inter-alia pointed .....
Tag this Judgment!Court : Mumbai Goa
..... high rise building for obtaining the permission from the directorate of fire and emergency services. 19. the powers and duties of the chief officer are laid down in section 74 of the municipalities act, 1968 and they are as under : 74. powers and duties of chief office (1) the chief officer shall (a) subject to the control, ..... and cry, this applicant has been simply kept in custody which amounts to punishment before the trial. the learned senior counsel also read out section 134 of the town and country planning act, 1974. he pointed out that conversion sanad was very much obtained by the builder. learned senior counsel submitted that in terms of regulation 3 ..... the objection regarding tampering of evidence is taken by the prosecution almost in all the cases. by resorting to section 288 of municipalities act, he submitted that the act of the applicant was in good faith. he also contended that section 304 of ipc cannot at all be applied to the present case. 11. on the contrary, mr. rivankar .....
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