Court : Mumbai Goa
..... objection, which was not taken by the defendant in the affidavit-in-reply, as the same can be produced at any time in the main suit. 15. section 2(v) of the foreign exchange management act, 1999 defines person resident in india as follows: 2(v). person resident in india means - (i) a person residing in india for more than one hundred .....
Tag this Judgment!Court : Mumbai Goa
..... to be determined by the collector and if his award is not accepted, then by the civil court, in accordance with the provisions of the land acquisition act. sub-section (5) thereof provides that no assignee of the government shall enter on or occupy the surface of any land unless compensation has been determined and tendered ..... granted. it is submitted that at the most, the petitioner would be entitled to the compensation as provided under sub-section (2) of section 24a of the said act. the learned advocate general in support of his submissions relies upon the following judgments of the apex court and a judgment of the division ..... of the proposition that title to mines and minerals vests exclusively in the state government. the learned advocate general further submits that under the provisions of section 24a of the said act, it is lawful for the holder of such reconnaissance permit, prospecting licence or mining lease to enter into the land over which such permit is .....
Tag this Judgment!Court : Mumbai Goa
..... which the petition should fail on account of delay and laches. he further submitted that the procedure in respect of the applications under section 31 of sfc act is given in section 32 of the said act. he pointed out that direction for enforcement of the liability of the surety or rejection of the claim made in this behalf is ..... the company and it was relied on by the plaintiff in that suit as acknowledgment. it was contended that it was not a sufficient acknowledgment within section 19 of the limitation act, 1908 because it had been prepared under compulsion of statue and of the articles of the association of the company and did not contain admissions of ..... corporation vs. ashokkumar agarwal and others [2006 (3) supreme 264]. according to him, the application has not been filed within the prescribed period of limitation under section 137 of the limitation act. according to him, the cause of action against respondents no. 2 to 4 had arisen on 10/07/2005 i.e on their refusal to comply with .....
Tag this Judgment!Court : Mumbai Goa
..... no. 4 against shri manohar parrikar, the chief minister of the state of goa alleging that he has committed offences punishable under section 13(d)(ii) read with section 13(2) of the prevention of corruption act, 1988 and sections 193 and 420 of the indian penal code. however, since respondent no. 4 failed to register the f.i.r., in ..... the petitioner as f.i.r. since no action was taken by the respondent no. 5, the petitioner filed an application under section 156(3) of cr.p.c. before the special judge under the prevention of corruption act, north goa at panaji which application came to be registered as criminal miscellaneous application no. 22/2013. respondents no. 4 and ..... terms of section 154 of the code of criminal procedure, 1973 ('cr.p.c.'), he made a representation to respondent no. 5 calling upon him to direct respondent no. .....
Tag this Judgment!Court : Mumbai Goa
..... the deceased on 25th december, and thereafter dumped his dead boy on konkan railway track. it is the prosecution case that he had made the following disclosure under section 27 of the evidence act. i had thrown my shirt and had thrown the knife in the bushes in the field. i had also thrown my pant after taking both in a nullah ..... pant and shirt of the deceased after a period of three weeks from the date of occurrence on the basis of a statement made by the accused under section 27 of the indian evidence act. the apex court in para 4 observed thus: 4. as indicated by the appellant, the pant and the shirt had been removed from the body and ..... , 2010, passed by the learned additional sessions judge (2), south goa, at margao in sessions case no.8/2008, thereby convicting the appellant-accused for the offence punishable under section 302 of the indian penal code (ipc), and sentensing him to undergo life imprisonment and to pay a fine of rs.10,000/-, in default, to undergo rigorous imprisonment for .....
Tag this Judgment!Court : Mumbai Goa
..... iron knuckle pad. first of all, it is clear that the said iron knuckle pad was not recovered at the instance of any of the respondents under section 27 of the indian evidence act. it is seen that both the respondents were arrested on 03/11/2008 at porvorim police station, as they had surrendered. it is very difficult to ..... there is no sufficient material against both the respondents and that they are entitled to benefit of doubt. resultantly, both the respondents stood acquitted of the offence punishable under section 324 r/w 34 of i.p.c. 5. aggrieved by the said judgment of acquittal, the state is before this court with the present appeal. after the ..... at the said place, they assaulted him on his head with iron knuckle pad and thus voluntarily caused him injuries. the respondents were charged with the offence punishable under section 324 r/w 34 of indian penal code. 3. the respondents pleaded not guilty to the charge and in order to prove its case, the prosecution examined all together .....
Tag this Judgment!Court : Mumbai Goa
..... depend on intercepted allegations made by the parties, or on inconclusive inference from facts elicited in the evidence. in such cases, the court has to act under the second part of the section. sometimes the examination of witnesses as directed by the court may result in what is thought to be filling of loopholes . that is purely a ..... the case. it is a cardinal rule in the law of evidence that the best available evidence should be brought before the court. sections 60, 64 and 91 of the evidence act, 1872 (in short the evidence act ) are based on this rule. the court is not empowered under the provisions of the code to compel either the prosecution or ..... ; 16. it is hardly necessary to emphasise that the act of recording confessions under section 164 of the code is very solemn act and in discharging his duties in the said section, the magistrate is required to take care to see that the requirements of sub-section (3) [sic (2) of section 164 of the code are fully satisfied. it is necessary .....
Tag this Judgment!Court : Mumbai Goa
..... and, as such, the term used is fees . learned amicus curiae further pointed out reading the provisions of section 21 of the legal services act with section 89 of the civil procedure code and section 16 of the court fees act, the inescapable conclusion is that the claimants filing claim petitions and whose petitions have been settled before lok adalats, ..... orders directing the issuance of certificates to enable the claimants to seek refund of the fees paid by them before the collector in view of section 16 of the court fees act. the learned advocate general further pointed out that this exercise is permissible in terms of the provisions of law and, as such, unless and ..... the provisions referred to herein above, there is no distinction between a civil suit settled before the lok adalat and the claim petition filed under section 166 of the motor vehicles act, 1988, which is settled before the lok adalat as both are decrees of civil court. as pointed out herein above, on reading the definitions .....
Tag this Judgment!Court : Mumbai Goa
..... on record and there is nothing brought by the appellants to disclose any perversity, in such findings, the question of any interference by this court under section 260a of the income tax act, would not arise. 9. we would also record the observations of the apex court in the judgment reported in (2012) 6 s.c.c. 613 ..... mackhinon and mackenzie co. ltd., are genuine transactions. being aggrieved by the impugned order dated 27.01.2006, the appellants have preferred the present appeal under section 260a of the income tax act. 4. mrs. asha dessai, learned counsel appearing for the appellants, has taken us through the substantial question of law and pointed out that the authorities ..... filed the return of income declaring a total income of rs.20,38,500/-. on 19.03.1999, the assessment was reopened under section 147 of the income tax act, by issuing a notice under section 148. the respondent filed a letter requesting that the return of income filed on 02.12.1996 be considered as the return under .....
Tag this Judgment!Court : Mumbai Goa
..... on such assumed explanations. 36.therefore, affidavits in the light of the aforesaid discussion are not considered to be evidence, within the meaning of section 3 of the evidence act. however, in a case where the deponent is available for cross-examination, and opportunity is given to the other side to cross-examine him, ..... are paid. 9. no doubt, the said applications filed by the respondents questioning the maintainability of the applications /petitions filed by the petitioners under section 34 of the arbitration act, 1996 were proceeded to hearing in respect of the grounds, on which the rejection of the said applications filed by the petitioners was sought, ..... district court, on the arbitration applications being presented, had informed the advocate for the petitioners that the requisite court fee for an application/ petition under section 34 of the arbitration act, 1996 is rs.20/-. it is further averred that subsequently, it was learnt that the requisite court fee was rs.25/- and not rs.20 .....
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