Court : Mumbai Goa
..... principles of law when he recorded his finding that the remedy of appeal can be inferred from the interpretation of sections 184, 184a and other provisions of chapter xii of the act, 1968. in fact, there is no question of referring to the other provisions, including the provision of section 184c(3), as the learned counsel for the ..... respondent no.1. thus, he submits that there is no need to make any interference with the impugned order. 8. upon perusal of the provisions of chapter xii of the act 1968, it is seen that the remedy of appeal has been provided by the legislature under section 184(13) and there is no other provision apart from subsection ..... provided against any other orders passed by the chief officer by resorting to the powers under other subsections of section 184 or other sections of chapter xii, including section 184a of the act, 1968. 10. the impugned order challenged before the appellate tribunal in municipal appeal no.67/2014, was an order passed by the chief officer under .....
Tag this Judgment!Court : Mumbai Goa
..... some other neighbourers staying in the same vicinity. 12. section 133 of the code, under which the impugned action was taken by the executive magistrate, falls in chapter x of the code, entitled maintenance of public order and tranquility. section 133, in particular, falls under the heading public nuisance and the same reads as under: ..... for any interference. on behalf of the first respondent, reliance is also placed on the decision of chatrapatishivaji co-operative housing vs. the state of maharashtra, reported in 1968 mh.l.j. vol. 6, 909. 10. i have considered the rival circumstances and the submissions made. on careful consideration of the same, i do not ..... acts would have the effect of impliedly repealing section 133 of the code. it was held that provisions under section 133 of the code are essentially preventive in nature i.e.. to prevent the public nuisance. following observations in paragraph 8 of the judgment can be reproduced with profit: 8. section 133 of the code appears in chapter .....
Tag this Judgment!Court : Mumbai Goa
..... mine on the following conditions: (a) the appellants will not create any third party rights in respect of the mine nor create any encumbrances, while raising the finances. (b) the appellants will not enter into any agreements, in breach of relevant provisions of law applicable to the mining activities in the state of goa. ..... mining and to regulate the sale, export and transit of ore, storage of mineral and transportation and winning of mineral. it defined certain terms, and in chapter 12 provided a methodology for prevention of illegal mining. rule 3 places certain restrictions as regard storing, supplying, transporting mineral. rule 5 dealt with registration of ..... 12. in this suit plaintiff took out an application for temporary injunction. the plaintiff prayed for a temporary injunction to restrain the defendant no.5 from acting as a partner of the firm; to restrain the damodar mangalji group from taking advantage of termination/suspension; to restrain the majority from creating any third .....
Tag this Judgment!Court : Mumbai Goa
..... the real or hypothetical will of the person whose inheritance is at issue, and so also the interests of the family are elements of prime importance in the chapter of successions upon death. (emphasis supplied). now, all these elements point decisively to the inclusion of succession on death within the ambit of personal law. 15. ..... as well as the relevant provisions referred to herein above and the principles therefrom whilst holding that the properties outside goa would be governed by the indian succession act. the learned judge has relied upon the provisions of article 24 of the civil code whilst coming to such conclusion. article 24 of the civil code ..... of goa and the corresponding laws earlier in force have been repeated but, however, the laws which were not extended include the indian succession act, 1925, the hindu succession act, the indian divorce act, 1865, etc., with the result that the rights of all persons with regard to succession were governed by the provisions of the portuguese .....
Tag this Judgment!Court : Mumbai Goa
..... therefore, restriction that such land cannot be transferred to a non-agriculturist must be read into the provisions of section 18k of the tenancy act. but for such restriction chapter iia of the tenancy act, inserted by act no.17 of 1976, would cease to be a legislation for agrarian reforms. strong reliance is placed upon two decisions of division bench ..... 2. regulation of use of land.- notwithstanding anything contained in the goa, daman and diu town and country planning act, 1974 (act 21 of 1975), or in any plan or scheme made thereunder, or in the goa land revenue code, 1968 (act 9 of 1969), no land which is vested in a tenant under the provisions of the goa, daman and diu ..... agricultural tenancy act, 1964 (act 7 of 1964) shall be used or allowed to be used for any purpose other than agricultural .....
Tag this Judgment!Court : Mumbai Goa
..... piedade barreto vs. antonio vicente da fonseca and others, air 1979 sc 984, the division bench of the supreme court considered the goa, daman and diu (administration) act, 1962 (gdd act), in section 5 of which it was declared that all laws in force before the appointed day - 20th december, 1961 would continue to be in force until ..... necessity of expression repeal? was not even considered. in para 13 of the judgment, the supreme court held that either the chapter survives in its entirety or it parishes in its all spheres it is one chapter dealing with contract and prescribed the period of enforcement of the same, no dissection is possible. again in para 17, the ..... provision would have to be read into the limitation act, 1963 as if the schedule to the limitation act was amended mutatis mutandis and no question of repugancy arose. 12. this judgment has been followed in the case of syndicate bank vs. prabha d. naik and another etc., air 2001 sc 1968. however, it is relied upon by counsel on .....
Tag this Judgment!Court : Mumbai Goa
..... the learned senior counsel pointed out that the decree related to buildings. he further submitted that section 61 of the goa, daman and diu land revenue code, 1968 (the code, for short), confers power on the collector to effect partition. he pointed out that the provision of sub-section 3 of section 61 says that ..... 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 in accordance ..... with rules made by the government under the code. 22. chapter vii of the code relates to assessment and settlement of land revenue and lands used for non-agricultural .....
Tag this Judgment!Court : Mumbai Goa
..... nature was necessary. 25. the oral evidence given on the record shows that general survey was done under provisions of land revenue code (in short code) and rules of 1968. the witness, civil engineer mr. prabhudessai examined by the plaintiffs has stated that the survey was probably done prior to the year 1980. admittedly, in the form i ..... lands. it can be said that the survey was started and completed prior to 1980. 26. the provisions of the code like chapter xv relate to survey of lands , chapter viii relates to preparation of land record and chapter ix relates to determination of boundaries at the time of survey. 27. the provisions of sections 49, 59, 95, 107 and ..... were not in possession. plaintiffs ought to have filed suit for possession also and within period of limitation. in view of provisions of section 34 of the specific relief act as no such relief is claimed, the discretionary reliefs of declaration of title and injunction cannot be granted. 43. on the date of suit, as per the .....
Tag this Judgment!Court : Mumbai Goa
..... the said rules ) pursuant to the powers vested in it under section 15 of the mines and minerals (development and regulation) act, 1957 (hereinafter referred to as the said act ). in so far as chapter iii of the said rules is concerned, the same was relating to grant of quarrying lease in respect of land in which minor ..... rent for the period 1999 2000, which she refused. on 18th april, 2002, the said rules were amended by section 5 of the amendment rules, thereby deleting chapter iii from the said rules. the petitioner, thereafter, filed a suit for eviction and injunction against the respondents and interim injunction was also prayed in the said suit. ..... would exclusively vest with the state government. the learned advocate general relies on the provisions of sections 14 and 36 the goa, daman and diu land revenue code, 1968 (hereinafter referred to as the land revenue code ) in support of the proposition that title to mines and minerals vests exclusively in the state government. the learned .....
Tag this Judgment!Court : Mumbai Goa
..... that this schedule is referable to article 246 of the constitution of india. that article is falling under part xi entitled relations between the union and the states. chapter i therein is entitled legislative relations. the sub-heading thereof is distribution of legislative powers. therefore, article 246 with its title subject-matter of laws made ..... . the whole concept has been explained and what has been stated is that in terms of the airports authority of india act, 1994, the central government can grant concession to the private entity for financing, development, operation and maintenance of an airport being managed by the airport authority of india. the airports other than those ..... allahabad 208 and decision of the learned delhi high court in the case of angrup thakar and ors vs. state of punjab and anr reported in air 1968 delhi 97. 39} without prejudice to these submissions and alternatively mr.sonak submits that there is no case made out for invoking the urgency clause and .....
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