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
..... the board do not establish a relationship of employer and employee between the board and the dock labour.? 22. appropriate government? is mentioned in section 2(1) of esi act and the section runs as follows: 2(1) appropriate government? means, in respect of establishments under the control of the central government or [a railway administration ..... state insurance providing certain benefits in the event of sickness, maternity and employment injury to workman covered under the act. the provisions of section 1(3) and (4) of the act show that the act applies to all factories and establishments, except those which belong to government or which are under control of government ..... the office, establishment of the respondent was situated at vasco and it had no separate establishment at harbour place. in the order made under section 45(a) of insurance act, the relevant record of the establishment is considered and it is observed that in respect of all the employees, the establishment has its own .....
Tag this Judgment!Court : Mumbai Goa
..... take up that financial burden, aside from taking steps towards victimology by a welfare state. it does not enhance the interpretation of the prisoners act or the prisons rules. section 357a may be an alternate means of providing compensation, but it holds a different field. it would be seen by the prisons authorities as ..... of compensation amount proportionately amongst the victims or their legal heirs, as the case may be. (5) for determination of deserving victims as provided in section 36a of the act, the government shall issue instructions from time to time. 416. management of wages and common victims compensation fund. - (1) fifty percent of the ..... these letters have been treated as writ petitions. the inspector general of prisons has passed another order dated 12th august, 2011, setting out the aforesaid section of the prisoners act, as also relevant prisons rules which make it obligatory for all prisoners to contribute 50% share of their wages to the common victims compensation fund .....
Tag this Judgment!Court : Mumbai Goa
..... interpretation in a case - 'shah mohammad v. mst. pairi', air 1936 lah 202 (f), which was a case under the pre-emption act and the section to be interpreted was section 16(c) of that act where the words used are "owner of the estate" and it was held in this case that the owner of a plot of land ..... mutated land index form from the concern mamlatdar and affect necessary changes in the land record on the basis of records relating to possession obtained under section 16 of the land acquisition act, 1894 (central act 1 of 1984).? thus, this provision also says that collector may, after hearing the co-holders, divide the holdings and apportion the holdings ..... assessment of the holding in accordance with the rules made by the government under this code. provided that nothing in this sub-section shall apply to any land acquired under the land acquisition act, 1894 (central act 1 of 1894), and the director of settlement and land records shall carry out partition within six months of the receipt of .....
Tag this Judgment!Court : Mumbai Goa
..... record show that petroleum company was the owner of the diesel and so the claimant cannot claim compensation under motor vehicles act (mv act, for short). he took this court through the provisions of section 166 of mv act. section 166 of mv act reads as under: 166. application for compensation (1) an application for compensation arising out of an accident of ..... fixed under the agreement with the owner of the goods and who actually reimburses loss sustained by the owner in motor vehicle accident can file proceeding under section 166 of mv act and get compensation. 28. the learned counsel for insurance company relied on the definition given of 'property' in black's law dictionary. this court has ..... person to whom loss is caused, to third party, in motor vehicle accident it is open to such person either to approach the tribunal under section 166 of the mv act or to go to civil court. thus, there is no force in the submission made by the learned counsel for the insurance company. this court .....
Tag this Judgment!Court : Mumbai Goa
..... building without the written permission of the panchayat. therefore, repairs as well as addition to any existing building, require permission of the panchayat. in terms of section 2(2) of the act, 'building' includes a house, outhouse, stable, privy, urinals, shed, hut, wall and any other structure whether of masonry, bricks, wood, metal ..... has no power to regularise any illegal construction. he further submitted that the resolution refusing to grant regularisation, can be challenged by the petitioners under section 178 of the act and, therefore, there being an alternate remedy, such a question should not be dealt with in this petition. he further pointed out that the ..... compound wall blocking utility public access, without obtaining prior permission from the panchayat. by another notice dated 06/10/2004 purporting to be under section 82 of the act, the petitioner was informed by the sarpanch that the village panchayat wanted to conduct an enquiry into the complaint lodged by said dilip patre .....
Tag this Judgment!Court : Mumbai Goa
..... petitioner in respect of the minor neelam rathod. it directed that charge be framed only against the accused dr. anthony lobo for offences under section 8(4) and section 8(9) of children's act, insofar as the minor is concerned. the children's court could not have bifurcated the cases in respect of minor girl and major girls. ..... 4/2007, the learned president of children's court directed that charge be framed only against accused no.1, dr. anthony for offences under section 8(4) and section 8(9) of the children's act for having kept with him ms. neelam rathod, the minor victim girl child aged about 15 years, without prior permission from the director of ..... dr. carla guiomar souza (petitioner), before the children's court, for the offences punishable under sections 342, 354, 509, 506(ii), 109 read with section 34 of indian penal code ( 'ipc' for short) and section 8 of the goa children's act, 2003 (children's act, for short) alleging that since 9 months prior to 05/05/2005 at machado cove, .....
Tag this Judgment!Court : Mumbai Goa
..... scc 128 in support of the same proposition. 8. for considering the rival submissions, it will be relevant to refer to sub-section (1) of section 4 of the said act and sub-section (1) of section 6 of the said act, which read thus: 4. publication of preliminary notification and power of officers thereupon.- (1) whenever it appears to the [appropriate ..... once the notification was published in hindi language newspapers, it was a sufficient compliance with one of the modes of publication as required under sub-section (1) of section 4 of the said act. merely publication in english newspapers would not save the notification which was beyond the period of three years from 4.7.2006 i.e. ..... the date of publication thereof in the official gazette would be the date to be construed as the date of declaration under clause (ii), sub-section (1) of section 6 of the said act. needless to state that the issue is also answered by the apex court in the two judgments cited supra. 18. undiputedly, in the present .....
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