Court : Mumbai Goa
..... of the situation for the revisional court to release the accused on simple admonition without even there being any bond to be taken under section 4 of the probation of offenders act. alternatively, it is argued and this argument was emphasized by learned amicus that it was definitely not warranted by the revisional court to ..... court to take away the substantive sentence imposed on the accused by the first appellate court and then to release him only on admonition under section 3 of the probation of offenders act, 1958. 22. on this aspect, learned amicus curiae has vehemently submitted that considering the standing of the accused being a minister and ..... sentence of imprisonment and simply releasing the accused on admonition, even not taking any bond for good behaviour as contemplated by section 3 of probation of offenders act. 15. so far as recourse to section 482 of criminal procedure code to be taken by this court, following authority is cited by learned amicus: criminal appeal no.1252 of .....
Tag this Judgment!Court : Mumbai Goa
..... hand, mr. diniz, the learned counsel appearing on behalf of the respondent, contended that the case of ruchi majoo is under the guardians and wards act and section 9 of the said act gives jurisdiction to the court where the minor ordinarily resides. he submitted that the facts of the said case are different. he submitted that the respondent ..... hold a summary enquiry into the matter and pass appropriate orders provided it is otherwise competent to entertain a petition for custody of the minor under section 9(1) of the act. further in paragraph 62, the apex court has observed that it does not require much persuasion to hold that the issue whether the court should ..... place where the minor ordinarily resides. the hon'ble supreme court has observed that the solitary test for determining the jurisdiction of the court under section 9 of the guardians and wards act is the ordinary residence of the minor. it is observed that whether the minor is ordinarily residing at a given place is primarily a .....
Tag this Judgment!Court : Mumbai Goa
..... directed to pay fine of rs.2,000/-, in default to undergo simple imprisonment for one month. for the offence under section 7 of cinematography act, he was sentenced to pay fine of rs.5,000/- and in default to undergo simple imprisonment for one month. this judgment and order was ..... to establish that the contents of the cd which was seized during the said raid, were obscene, which can attract provisions of section 292 of indian penal code and section 7 of cinematography act. in fact, this is the basic requirement which should have been established by the prosecution in order to establish the guilt of ..... case no.148/s/2004/d passed by judicial magistrate, first class, d-court, margao for the offences punishable under sections 292 of indian penal code and section 7 of cinematography act. for the offence punishable under section 292 of indian penal code, present petitioner/accused was convicted and sentenced to suffer simple imprisonment for two months and .....
Tag this Judgment!Court : Mumbai Goa
..... what criteria the selection committee would be adopting for making selection. the petitioner, vide application dated 02/04/2007, applied to the respondent no. 2, under the right to information act, and sought information as regards the criteria adopted by the respondent no. 2 while making selection to the post of excise inspector and vide letter dated 20/04/2007 the ..... no prayer for getting any relief for the petitioner, himself. though, the criteria for selection process was known to the petitioner on 20/04/2007, under the right to information act 2005, however, the petitioner approached this court on 16/10/2007. prayer is for cancellation of appointments of respondents no. 3 to 5. same selection process was followed in respect .....
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..... proceeding, is entitled to interim maintenance. thus, while considering the sufficiency of the amount required under the above provision, the interim maintenance under section 24 of the act should be granted keeping in view the earlier grants already made during the relevant period or grants which are being made. gaurav has also been ..... exercise of this power will be counterproductive and will divest this extraordinary power of its strength and vitality. 18. thus, from the provision of section 24 of the act, it is clear that the proceedings under this provision are summary in nature and since an order for interim maintenance by its very nature is ..... the discretion of the court to make an order for interim maintenance and litigation expenses. while deciding quantum of maintenance and litigation expenses, under section 24 of the act, discretion is to be exercised judiciously. the appellate court must be slow and and cautious in interfering with an order granting maintenance pendente lite and .....
Tag this Judgment!Court : Mumbai Goa
..... earlier, this factual position weighed much with the learned member m.a.c.t and which lead him to come to the conclusion that there was no rash and negligent act on behalf of respondent no.2 while driving the vehicle but the accident occurred mainly for the rash and negligent driving of the omni van from the wrong side of .....
Tag this Judgment!Court : Mumbai Goa
..... no. 1 allegedly by force. since she was forced out of the matrimonial house, the petitioner sought to invoke the provisions of the domestic violence act and specially section 17 thereof claiming right to reside in the shared household. it has been held thus: 9. the learned sessions judge having accepted the position that ..... in this regard, the trial magistrate had not granted any maintenance for the period prior to the date of the application. the application under section 12 of the domestic violence act was filed before the trial magistrate on 11/12/2007. the trial magistrate had granted maintenance as from the date of application. according to ..... ( dr. prakash joshi vs. state of maharashtra and mrs. anuradha prakash joshi ), the trial magistrate held that the application under section 12 of the domestic violence act was maintainable in respect of acts prior to 26/10/2006. the trial magistrate further held that the petitioner/aggrieved person proved that the respondent no. 1 subjected her .....
Tag this Judgment!Court : Mumbai Goa
..... sessions judge, fast track court, south goa, margao dismissing the criminal appeal no.84/2011. 2. present applicant/original accused was charged for the offences punishable under section 279 and 304 of indian penal code. he was convicted by the judicial magistrate first class, vasco and was sentenced to suffer simple imprisonment for 6 months and one ..... counsel for the applicant assailed the evidence of cw1 and cw7 and submitted that it was an unfortunate accident and it cannot be attributed to any rash and negligent act on the part of the applicant in driving the kadamba bus. to substantiate these arguments attention of the court is drawn towards the evidence of these witnesses regarding ..... on behalf of the applicant that though the impact of the bus with the handle of the motorcycle is accepted, still it was not such a rash and negligent act, so as to cause the death of anybody riding on the motorcycle. this is more so, further argued as there was absolutely no injury to the rider .....
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..... and was returning back as representative of the said owners, with empty suitcases and baskets, from which the goods were removed. goods are defined in section 2(13) of the m. v. act to include livestock, and anything (other than equipment ordinarily used with the vehicle) carried by a vehicle expect living persons, but does not include luggage ..... . smt. ashwini balu gaude and others ?, [2012 (3) all mr 181]. he urged that the order dated 24/11/2009, on the application under section 140 of the m. v. act was passed in the absence of respondent no. 1. 15. mr. naik, learned counsel appearing on behalf of claimants adopted the arguments advanced by the learned ..... 12. mr. netrawalkar, learned counsel appearing on behalf of respondent no. 2 contended that by order dated 24/11/2009 passed by the tribunal under section 140 of the m. v. act, the respondent no. 2 was absolved from liability, holding that the deceased was travelling as a passenger and hence was gratuitous passenger. he submitted that in .....
Tag this Judgment!Court : Mumbai Goa
..... case of damage to goods, where the cost of repairing the damage and forwarding the goods to their destination would exceed their value on arrival. 26. section 65 of the said act further provides that when there is a constructive total loss, the assured may either treat the loss as a partial loss or abandon the subject matter insured to ..... the perils of the sea as will exempt the carrier from liability, but rather a loss by the gross negligence of the party?. (story on bailments, section 512 a.). section 2(e) of the marine insurance act, 1963 reads as follows : maritime perils? means the perils consequent on, or incidental to, the navigation of the sea, that is to say, perils ..... 24. hence, the question of claiming the salvage expenses on the basis that they are expenses on account of sue and labour cannot be accepted. 25. sections 56, 57 and 60 of the said act, reads thus : "56. partial and total loss.(1) a loss may be either total or partial. any loss other than a total loss, as .....
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