Judgment Search Results Home > Cases Phrase: goa appropriation act 2005 Page 6 of about 74,097 results (0.079 seconds)

FountaIn Head Developers Vs. Mrs. Maria Arcangela Sequeira (Since Dece ...

Court : Mumbai

Reported in : AIR2007Bom149; 2007(3)ALLMR304; 2007(2)ARBLR362(Bom); 2007(3)BomCR393; 2008(1)CTC7

..... same had been the subject-matter of a suit, but does not include any civil court to a grade inferior to such principal civil court, or any court of small causes.the definition of 'court' in the act of 1940 reads thus:2(c) 'court' means a civil court having jurisdiction to decide the questions forming the subject-matter of the reference if the same had been the subject-matter of a suit, but does not, except ..... award and holding that even if the appointment of the arbitrator is made by high court or the supreme court, the principal civil court of original jurisdiction remains the same as contemplated under section 2(e) of the act of 1996, has observed that the principal civil court of original jurisdiction remains the 'district court' even if the appointment of the arbitrator is made by the high court. ..... and omni bus industrial development corporation as also various provisions in the act of 1996, the, bombay civil courts act, 1869, goa, daman and diu civil courts act, 1965, code of civil procedure as also the judgments of other ..... judge vide his judgment and order dated 9th march, 2004 upheld the objection and directed to return the application to the appellants for its presentation to an appropriate court having jurisdiction to entertain the said application. ..... of 2005 at considerable ..... 14 of 2005, addressed the court in support of the view taken by the learned single judge in cotton corporation ..... 14 of 2005) by the order dated 23rd march, 2004 alongwith a request to refer the matter to a .....

Sofia Coutinho e Paes and Others Vs. The Honourable Minister for Munic ...

Court : Mumbai Goa

..... the learned advocate general appearing for the state has not seriously controverted the proposition of law and has further informed that necessary steps have already been taken for initiating appropriate amendment in the act of 1968. ..... the orders impugned in all these petitions, passed by the government in exercise of powers under section 184d of the act, are quashed and set aside and the appeals arising out of the decision of the appellate tribunal under section 184b of the act and the proceedings arising out of the decision of the appellate tribunal under section 184b of the act shall be forwarded to the appellate authority which would be created by the state government. ..... in this batch of petitions, the petitioners are questioning constitutional validity of section 184d of the goa municipalities act, 1968 (hereinafter referred to as the act ) which provides for a remedy of an appeal to the government against an order of the appellate tribunal, made in an appeal under section 184 confirming, modifying or annulling an order made or notice issued under the act. 2. ..... following the precedent referred to above, the provisions of section 184d of the goa municipalities act, 1968 shall also have to be declared as unconstitutional. 7. ..... on a decision rendered by the appellate tribunal under section 184b, a further appeal is provided under section 184d of the act which has been dealt with and disposed of by the minister for municipalities, government of goa. 3. .....

Bishambhar Prasad Vs. M/s Arfat Petrochemicals Private Limited

Court : Supreme Court of India

..... business rules requires that no department shall without the concurrence of the finance department issue any order which may involve any abandonment of revenue or involve expenditure for which no provisions have been made in the appropriation act or involve any grant of land or assignment of revenue or concession, grant, lease or licence in respect of minerals or forest rights or rights to water, power or any easement or privilege or otherwise have a financial ..... not.71. from a combined reading of the provisions of rules 7, 3 and 6 of the business rules of the government of goa the conclusion would be irresistible that any proposal which is likely to be converted into a decision of the state government involving expenditure or abandonment of revenue for which there is no provision made in the appropriation act or an issue which involves concession or otherwise has a financial implication on the state is required to be processed only after the ..... corporation of india, rajasthan finance corporation, idbi, icici, lic, irbi, hdfc, sidbi, exim bank, co- operative banks and any public financial institution as defined in the public financial institute act or scheduled banks or private lending agencies subject to ensuring that the lessee has cleared all the outstanding dues of the lessor and the lessee creates first charge in favour of the state government ..... the aaifr scheme was finalized on 07.01.2005, and it included an obligation on the part of respondent no.1 to honour the ..... (2005) .....

Smt. Janaki N. Morajkar Vs. Spl. Land Acquisition Officer and anr.

Court : Mumbai

Reported in : 2005(3)ALLMR824; (2005)107BOMLR803

..... of the acquired land on the basis of the concession made by konkan railway corporation before the land acquisition officer since the land acquisition officer made the award without acting on the said statement made on behalf of konkan railway corporation and the reference court has fixed the compensation on the basis of the evidence led by the parties ..... - 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 ..... stage it would be appropriate to quote section 2 of the said act which reads as under ..... the goa land use (regulation) act, 1991 was extended to the state of goa and in terms of section 1, sub-section (3) of the said act, the act shall be deemed to have come into force with effect from 2nd day of ..... afonso submitted that having regard to section 2 of the goa land use (regulation) act, 1991 that potential of the acquired land is totally irrelevant and the compensation has to be ascertained on the basis of the agricultural income in respect of the acquired property and the appellant having not ..... ', 'land' and 'tenant' shall have the same meaning assigned to them under the goa, daman and diu agricultural tenancy act, 1964 (act 7 of 1964).8. .....

Rajendra Nagar Adarsh Grah Nirman S.S.Ld Vs. State of Rajasthan and or ...

Court : Supreme Court of India

..... ministry of finance, no department shall, without the previous concurrence of the ministry of finance, issue any orders which may- (a) involve any abandonment of revenue or involve any expenditure for which no provision has been made in the appropriation act; (b) involve any grant of land or assignment of revenue or concession, grant, lease or licence of mineral or forest rights or a right to water power or any easement or privilege in respect of such concession; (c) relate to the number or grade of posts, ..... placed reliance on the first and the second provisos to the section 11(1) of the acquisition act, in order to contend, that while preparing the award with reference to the acquired land, and while determining the true area of the acquired land, and the compensation payable therefor, as also, the appropriation of such compensation amongst persons interested, the power and authority therefor, is vested in the collector ..... have been noticed by us and the high court, the decisions leading to the notifications do not comply with the requirements of business rules framed by the government of goa under the provisions of article 166(3) of the constitution and the notifications are the result of the decision taken by the power minister at his level. ..... 2005 ..... manohar, (2005) 2 scc 126.the following observations recorded therein were highlighted, ..... , (2005) 7 scc 627.in order to expound the nature of rights vested in the appellants under article 300a of the constitution, reliance was placed on .....

The Central Agricultural Research Institute and anr. Vs. the Presiding ...

Court : Kolkata

Reported in : (1998)3CALLT209(HC)

..... court that when the petition raises complex questions of fact which may in their determination require oral evidence to be taken and on that account the high court is of the view that the dispute should not appropriately be tried in a writ petilion, the high court may decline to try a petition, but if on consideration of the nature of the controversy, the high court decides that it should go into a disputed ..... an enquiry into complicated questions of fact arises fn a petition under article 226 before the right of an aggrieved party to obtain relief claimed may be determined, the high court may in appropriate cases decline lo enter upon that enquiry and may refer the party claiming relief to a suit, but the question is one of discretion and not of jurisdiction of the court. ..... held that it is well settled that the powers conferred on the appropriate government under seclion 10 of the act is an administrative power and that the formation of the opinion as to the factual existence of an industrial dispute as a preliminary step to the discharge of its functions does not make it any the less an administrative acl and that the jurisdiclional fact on which the appropriate government may act or ihe formation of an opinion that an industrial dispute exists or ..... it may be mentioned here that even in the said goa decision in g.d.labour union (supra) it was conceded that jurisdiction cannot be conferred by acqulsence ..... goa, air 1969 goa ..... the respondents relies upon a single bench decision of the goa. .....

Delhi International Airport Ltd. Vs. International Lease Finance Corp. ...

Court : Supreme Court of India

..... business rules requires that no department shall without the concurrence of the finance department issue any order which may involve any abandonment of revenue or involve expenditure for which no provisions have been made in the appropriation act or involve any [pic].grant of land or assignment of revenue or concession, grant, lease or licence in respect of minerals or forest rights or rights to water, power or any easement or privilege or otherwise have financial ..... from a combined reading of the provisions of rules 7, 3 and 6 of the business rules of the government of goa the conclusion would be irresistible that any proposal which is likely to be converted into a decision of the state government involving expenditure or abandonment of revenue for which there is no provision made in the appropriation act or an issue which involves concession or otherwise has a financial implication on the state is required to be processed only after the concurrence of the finance department and ..... which is very much relevant in instant case can be reproduced here for convenience: "unless the case is fully covered by powered to sanction expenditure or to appropriate or re-appropriate funds, conferred by any general or special orders made by the ministry of finance, no department shall, without the previous concurrence of the ministry of finance, issue any orders which may- involve any abandonment of revenue or involve any expenditure for which no provision has been made in the appropriation act; ... .. .....

indrakant Shankar Mambro Vs. Rosario Boventura Fernandes

Court : Mumbai

Reported in : 2006(3)BomCR820

..... mere use of the words appropriate to the creation of a lease will not preclude the agreement operating as a licence. ..... the case of the defendant was that he was a tenant under the provisions of goa rent control act and that the court had no jurisdiction to entertain the suit. ..... the plea of tenancy under the goa rent act presumably could not be pursued because what was let out to the defendant was not a house or building but a piece of land for the purpose of carrying out business by installing a temporary stall. ..... 51/97 dated 16.9.2005, in the case of noberto de andrade v. ..... 43525 dated 07.03.1961, ('decree' for short), in force in this state of goa, w.e.f. .....

Fact Employees Association Vs. Fact Ltd.

Court : Kerala

Reported in : (1994)IIILLJ736Ker

..... central government is also the state government for the union territory and is thus to act as the appropriate government under section 2(a)(ii) of the industrial disputes act the question will arise as to which industrial tribunal will it refer an industrial dispute. ..... reference was challenged on the ground that the government of bihar was not the appropriate government within the meaning of section 10(1)(d) of the industrial disputes act, for he was an employee of the firm having its head office in ..... our considered opinion, therefore, that the central government cannot be the state government for the union territory of goa, daman and diu and, therefore it cannot be appropriate government for the said union territory under section 2(a)(iii) of the industrial disputes act. ..... industrial disputes act, several functions are to be performed by the appropriate government. ..... contended that state government for the territory of goa is the appropriate government. ..... , in a given situation there may be more than one state which satisfy the definition of 'appropriate government' under the industrial disputes act. ..... representing the petitioner raised a contention that more than one government may be appropriate government for making reference under section 10 of the act. ..... the order of dismissal originated from the office of the first respondent at udyogamandal, that is of no consequence for deciding the issue relating to the appropriate government which has to make reference under section 10 of the act. .....

Mormugao Municipal Council Vs. Union of India and Others

Court : Mumbai Goa

..... by this petition, the petitioner seeks the following reliefs : a) for writ of mandamus and/or any other appropriate writ, order or direction in the nature of mandamus or any other appropriate writ, order or direction under article 226 of the constitution of india commanding and directing the respondents to release and pay to the petitioner total maturity amount of rs.12,00,000/- (rupees twelve lakhs only) on the kisan vikas ..... advocate, respondent no.2 chose to contest the claim of the petitioner by sending reply through his advocate and also considering that even after filing of the petition, the same was opposed by filing an affidavit in reply, we deem it appropriate to impose costs in favour of the petitioner, which are quantified at rs.5,000/- (rupees five thousand only). ..... briefly, the case of the petitioner is as follows: the petitioner is a municipal council, established and incorporated under the goa municipalities act, 1968. .....