Court : Mumbai Goa
..... shall lie from a judgment or order of a criminal court except as provided by the code or by any other law which authorises an appeal. the proviso inserted by section 372 (act 5 of 2009) w.e.f. 31-12-2009, gives a limited right to the victim to file an appeal in the high court against any order of ..... in any case, would confer a right only on a victim and also does not envisage an appeal against an inadequate sentence. an appeal would thus be maintainable only under section 377 to the high court as it is effectively challenging the quantum of sentence." 8. it is thus, submitted that the proviso would have no application to cases instituted ..... behalf of the petitioner that the remedy of appeal may also not be available in view of the fact that the proviso to section 372 of the code would have prospective application. it is well settled that the act of the court would cause prejudice to none. considering the overall circumstances and the concession on behalf of the petitioner, the following .....
Tag this Judgment!Court : Mumbai Goa
..... on 20.7.1980. it was clear from the discussion that under clause(5) of article 22 of the constitution of india read with section 3, sub-section (3) of the cofeposa act, the detaining authority was bound to supply the copies of the documents, statements and other material relied upon in the grounds of detention to ..... which the order has been made and shall afford him the earliest opportunity of making a representation against the order." thereafter their lordships considered sub-section 3 of section 3 of the cofeposa act which provides as below:- for the purposes of clause (5) of article 22 of the constitution, the communication to a person detained in pursuance ..... was arrested and taken under detention he was also served with the documents dated 25.5.1980 containing the grounds of detention as required by sub-section (3) of the cofeposa act read with clause(5) of article 22 of the constitution of india. the grounds of detention referred to the several documents and statements including two .....
Tag this Judgment!Court : Mumbai Goa
..... this perspective also, the court of principal district judge, panaji would have the jurisdiction to try and decide in accordance with law the application filed under section 9, arbitration act, by the appellants. 19. there is yet another dimension to the whole issue. the arbitrator appointed in this case, as informed by learned counsel ..... to judge the appealability of an order which upholds or rejects the objection taken on the maintainability of the suit or an application filed under section 9, arbitration act, as in the present case, on the ground of bar of territorial jurisdiction. the relevant observations of the hon'ble apex court, as ..... , the appellants immediately demanded refund of their amount rs.30/- lakhs from the respondents. a notice was also sent to the respondents under section 11 of the arbitration act. the appellants, however, received an email from the respondents thereby unilaterally terminating both the agreements, one titled as memorandum of understanding-cum-unit .....
Tag this Judgment!Court : Mumbai Goa
..... the impugned order can be sustained. normally, it is for the parties to the suit to decide which evidence to be led and which witness to be examined. section 120 of the evidence act shows that the parties to the civil suit and their wives or husbands shall be competent witnesses. in the present case the plaintiff no 2, apart from being ..... default or contravenes the order, the provisions of order 39 rule 11 can be invoked. the trial court has also referred to definition of an 'order' as appearing under section 2(14)of cpc to mean a formal expression of decision of civil court, which is not a decree. the trial court has thus found that the order dated 11 ..... of the adversary for subjecting such witness for cross-examination cannot be an order which is contemplated under order 39 rule 11 of cpc. the court in adversarial litigation only acts on the basis of the request by one of the parties seeking to recall a witness for subjecting such witness for cross-examination. this cannot be said to be .....
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..... when the suit house itself is not in existence and no application having been filed by the petitioners seeking declaration of right to reconstruct under section 7a read with section 8a of the mundkars act, the issue is no longer open for debate and adjudication. he submits that the suit house being not in existence and no necessary ..... suit house got collapsed and no steps having been taken for restoration of the dwelling house within one year, as contemplated under section 4 of the said act, the petitioners could not be declared as mundkars. he also held that the evidence showed that the petitioners were inducted in the suit house as ..... dated 20.3.1992 declared the petitioners as mundkars. 5. the respondents challenged the said judgment and order of learned mamlatdar by filing an appeal under section 24 of the mundkars act before the collector, north goa, panaji. the learned collector found that after vacating of the suit house in the year 1975 by the petitioners, the .....
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..... franco died in the year 1986, while vicent fernandes died in the year 1987. the respondent-leonara fernandes had filed an application under section 29(4) of the goa, daman and diu mundkars (protection from eviction) act, 1975, (the act, for short), against andrew fernandes for registration of her name as a mundkar in respect of the dwelling house bearing no. 5/142 ..... 'i' of item no. 1. the learned deputy collector has then went upon to consider the definition of mundkar under section 2(p) of the mundkar act and has found that it contemplates the consent of the landlord or person acting or purporting to act on behalf of the landlord. it has also been found that the description of plot 'a' of item no .....
Tag this Judgment!Court : Mumbai Goa
..... franco died in the year 1986, while vicent fernandes died in the year 1987. the respondent-leonara fernandes had filed an application under section 29(4) of the goa, daman and diu mundkars (protection from eviction) act, 1975, (the act, for short), against andrew fernandes for registration of her name as a mundkar in respect of the dwelling house bearing no. 5/142 ..... 'i' of item no. 1. the learned deputy collector has then went upon to consider the definition of mundkar under section 2(p) of the mundkar act and has found that it contemplates the consent of the landlord or person acting or purporting to act on behalf of the landlord. it has also been found that the description of plot 'a' of item no .....
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..... would not arise. the learned counsel further pointed out that the petitioners by approaching this court directly have deprived the respondents of their right under section 11a of the industrial disputes act, 1947 to justify any deficiencies by leading evidence before the industrial tribunal. the learned counsel further pointed out that the inquiry officer was justified ..... cannot be held to be reasonable inasmuch as not only it would be contrary to the very object and intention of the aforesaid 1946 act, but also to the express provision of section 10-a(1) thereof. in the facts of the present case, as observed by the tribunal, the workmen did demand payment at the ..... paid a reasonable amount. in the absence of any provision, the tribunal seized of the matter can determine the amount. but when section 10-a(1) of the industrial employment (standing orders) act, 1946 makes a specific provision for payment of subsistence allowance to the workman pending enquiry at the rate of 50% of the wages .....
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..... the terms waste matter . it has to be found in the intention of the legislature as ascertained from reading of the whole section. clause (ii) of section 3(1) proscribes only those acts of dumping of excreta, waste matter, carcasses or any other obnoxious substance which are performed with intention to cause injury, insult or ..... be given their full effect plainly and simply. having understood them so, i find that the words waste matter appearing in clause (ii) of section 3(1) of the atrocities act have to be understood differently from the connotation of filth, dirt, repulsion or unpleasantness as conveyed by the words preceding and following them and, ..... by shri sudesh usgaonkar, learned counsel for the applicants reproduced in extenso earlier, with regard to interpretation of the words waste matter appearing in section 3(1)(ii) of the atrocities act by applying doctrine of ejusdem generis , impactful as it is at the first blush, requires, like any other argument raising a legal ground .....
Tag this Judgment!Court : Mumbai Goa
..... has taken a certain view with regard to heritability of right of mundkar by a person under section 3 and the section has been read down to include some conditions with the aid of section 2(n) of the act and also the objects of the act. 4. after reference was answered as above by the division bench on 18/12/2013, ..... is entitled to be declared as a mundkar in view of section 3 of goa, daman and diu mundkars (protection from eviction) act, 1975 (hereinafter referred to as the act , for short) or in view of definitions contained in section 2(p) and section 2(n) of the act. so far as section 3 is concerned, the controversy has been set at rest by ..... considered appropriately by the tribunal. this is because of the fact that the mundkar act is a special statute and it lays down certain procedure for trying the issue of mundkarship under section 8a or the issue of registration as mundkar under section 29 of the act. then, when this court had directed the tribunal to consider the issue of mundkarship .....
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