Judgment Search Results Home > Cases Phrase: goa daman and diu opinion poll act 1966 repealed section 13 general duty of presiding officer Page 1 of about 546 results (0.156 seconds)

Vallabhaneni Lakshmana Swamy and anr. Vs. Valluru Basavaiah and ors.

Court : Andhra Pradesh

Reported in : 2004(5)ALD807; 2004(5)ALT755

..... (b) the limitation act, 1963 was enacted by the parliament was in force with effect from 1.1.1964 and became applicable to the whole of india including the union territory of goa, daman and diu;(c) the parliament also enacted the goa, daman and diu (extension of the code of civil procedure, 1908 and arbitration act, 1940) act, 1965 (act xxx of 1965) whereunder the provisions of the indian code of civil procedure, 1908 were extended to the territories of goa, daman and diu with effect from 15.6.1966 repealing portuguese code. ..... vested rights acquired under existing laws, or creates a new obligation or imposes a new duty or attaches a new disability in respect of transactions already past must be presumed to be intended not to have a retrospective effect and as a logical corollary of the general rule, that retrospective operation is not taken to be intended unless that intention is manifested by express words or necessary implication, and there is a subordinate rule to the effect that a statute or a section in it is not to be construed so as to have larger retrospective operation than its language renders ..... the defendant presented a memorandum of appeal before the collector of etawah and that officer was of the opinion that he had no jurisdiction to entertain the appeal and referred the case to the high court under section 267 of agra tenancy act. ..... the said act was assented from the president of india on 30.1.1985 and it was given effect from 1.1.1985. .....

Shri Octaviano Teogono Alcacoas Vs. Smt. Rosa Milagrina A. Esmeana Mor ...

Court : Mumbai

Reported in : 2005(1)ALLMR758; (2005)107BOMLR936

..... section 9 of the goa, daman and diu suits valuation act, 1965 deals with repeal and provides that as from the commencement of this act, any law in force in the union territory of goa, daman and diu or any part thereof, corresponding to this act or such provisions thereof as have come into force shall stand repealed. ..... senior counsel of the respondent/plaintiff has submitted that after the goa, daman and diu civil courts act, 1965 came into force on or about 15th october, 1965, the forum of appeal, being a matter of procedure would be governed by section 6 of the said goa, daman and diu civil courts act, 1965 which provides that save as otherwise expressly provided the district court shall be the court of appeal from all decrees and orders passed by the subordinate courts from which an appeal lies under ..... nadkarni, learned senior counsel has also referred to section 22 of the goa, daman and diu civil courts act, 1965 and submitted that as a matter of rule all appeals lie to the district court and only by way of exception those appeals in which the amount of value of subject matter exceeds then rs. ..... pancham lal sheoprasad wherein this court held that although section 21, civil procedure code did not in terms apply to appeals, the principle underlying it was of general application so as to cover proceedings other than original suits. .....

Corporation of the City of Panaji, by Its Commissioner Vs. the Deputy ...

Court : Mumbai Goa

..... goa, daman and diu interim building bye-laws and zoning regulations, 1965, wherein there was no provision/requirement for setting aside open spaces, let alone any provision akin to 5.4(2) pda regulations; that the subdivision made under the old regulations is not governed by pda regulations; that the petitioner is seeking an opportunity to be heard in respect of the proceedings for withdrawal of acquisition under section 48 of the act by equating itself to the proceedings under section 11 of the ..... or by fixing a copy thereof in some conspicuous place in the office of the officer aforesaid or of the collector or in the court-house, and also in some conspicuous part of the land to be acquired: provided that, if the collector or judge shall so direct, a notice may be sent by post, in a letter addressed to the person named therein at last known residence, address or place of business and registered under section 28 and 29 of the indian post office act, 1898, and service of it may be proved by the production of ..... position emerges: a) for setting up of the new town of new bombay, in exercise of powers under sub-section 3(a) of section 113 of the said act of 1966 under notification dated 20 march 1971, the cidco was appointed as the new town development authority ..... . that notification only informs the public in general that the government has withdrawn from acquisition so as ..... bench of this court rejected the said writ petition, but no opinion was expressed on title; that vide notification no. .....

Down Mangor Valley, Residents Welfare Association, Represented Through ...

Court : Mumbai

Reported in : AIR2002Bom258; 2002(3)BomCR29; (2002)2BOMLR564; 2002(2)MhLj590

..... that the respondentshave taken a plea that they have filed applications underthe provisions of the goa, daman and diu mundkar act.firstly, from the records, it appears that thoseapplications were filed after the final notice ..... no action was taken.however, acting on a complaint, the second respondent didtake action, but for totally extraneous reasons chose towithdraw the said order.the second respondent is an authority underthe municipalities act, who has to discharge the powersconferred by virtue of section 74(1)(a) of themunicipalities act generally, subject to the control,direction and supervision of the chairperson and tosupervise the financial and executive administration ofthe council and exercise such powers and perform suchduties and functions as may be conferred or ..... by the apex court, they are liablefor action, including disciplinary action; (v) a copy of this judgment and order be sentto the chief secretary of the state of goa, for takingfurther steps in the matter of issuing instructions and/orguidelines to all officers entrusted with these duties,including all local bodies and planning authorities, sothat they act upon the complaints within a specified time,failing which they ought to be made liable fordisciplinary action; (vi) ..... by aletter dated 30th december, 1966, president of respondentno.1 communicated to the owner, the town planningcommittee the decision which reads as under:- 'the town planning committee, has noobjection to the sale of plots markeda,b,d.12 with .....

Govt. Of Nct of Delhi Vs. Union of India

Court : Supreme Court of India

..... goa, daman and diu is governed by the 1963 act [see ..... except in so far as he is, by or under any law, required to act in his discretion: provided that in the case of difference of opinion between the lieutenant governor and his ministers on any matter, the lieutenant governor shall refer it to the president for decision and act according to the decision given thereon by the president and 12 pending such decision it shall be competent for the lieutenant governor in any case ..... the 8th november, 1993 issued by the lieutenant governor of the national capital territory of delhi shall be applicable to the officers and employees of that government only and for that purpose amends the said notification, namely:- in the said notification, after the existing paragraph, the following paragraph shall be inserted, namely:- 2 ..... parliament by giving it power to enact law with respect to same subject matter as the law made by the delhi legislative assembly and it includes power to make law adding to, amending, varying or even repealing the law made by the legislative assembly.57) as mentioned earlier, insofar as this power of parliament to make laws in respect ..... has been given the power to impose stamp duty on every other type of document/instrument not mentioned under entry 91 of list i.152) it is also argued that it is general practice all over the country for state ..... dated july 22, 1961 and september 07, 1966 under article 239, the power of the union under the indian stamp act, 1899 for nct .....

St. Anthony's High School Trust and Anr. Vs. State of Goa and Anr.

Court : Mumbai

Reported in : 1996(5)BomCR33

..... asserted that section 20 of the goa, daman and diu school education act, 1984 was inapplicable and the show cause notice is mala fide and is issued ..... to that minority to the extent of 50% seats even by going down the merit list, we see no reason why the state/affiliating university cannot stipulate that the general students as well as minority students must all be drawn only from the common merit pool and that even the minority community students must also be admitted on the basis of inter se merit determined on the basis of common/joint entrance test. ..... the tribunal observed:---'before we part with this matter, we would like to add that in case the respondent is of the opinion that there is still a ground to proceed against the appellant then he is required to issue a proper show-cause notice in ..... -1) whenever the administrator is satisfied that the managing committee or manager of any recognised school,-i) has contravened any provision of this act or of any rule or order made thereunder, orii) has neglected to perform any duty or obligation imposed on it by or under this act, oriii) has mismanaged the affairs of the school or has misappropriated or has misapplied any money standing to the credit of any fund of the school, oriv) has managed the affairs of ..... no head of a school shall be confirmed without the approval of that officer.the person to be appointed as the head must have at least five years teaching experience in secondary schools except in special cases where the rule may .....

Sharan Ganga Sharan Chopra Vs. Shantilal Khushaldas and Bros. Pvt. Ltd ...

Court : Mumbai

Reported in : 1987(1)BomCR273

..... the first respondents have filed eviction proceedings under section 22(2)(c) of the goa, daman and diu buildings (lease, rent and eviction) control, act, 1968, against the petitioner herein and one zacaria suleman, their case had been that they are owners in possession of a building known as 'gosalia building' situated ..... in any event, on the death of suleman, his legal representatives had not been brought on record and therefore, even if the proceedings as instituted were maintainable, the fact remains that the decree passed was not possible to be executed against the petitioner alone, for the proceedings had by virtue of the provision of rule 12 of the goa, daman and diu buildings (lease, rent and eviction) control, rules 1969, abated in respect of suleman. ..... of goa, daman and diu.2. ..... an opportunity was given to him to show cause why the proceedings should not be stopped under section 32(4) of the act, he failed to do so and, as such, the controller was fully justified in passing the said order dated 29th december, ..... that in the scheme of the code, the relationship is always between a landlord and a tenant and, as such, the provision of section 32(4) of the act, could not have come into play against two tenants at the same time. ..... case that on account of the death of suleman, the proceedings had abated and in any event, eviction under section 32 of the act could not have been ordered in view of the amendment to section 22 whereby the benefit of default has been given to the tenant. .....

Gangadhar N. Agrawal Vs. Union of India and ors.

Court : Delhi

Reported in : ILR1970Delhi452

..... act, 1957, and the mineral concession rules, 1960, were made applicable to goa, daman and and diu with effect from 1st october, 1963, the portuguese mining laws stood repealed and ceased to be applicable by reason of the provision in section 4(1) of the goa, daman and diu ..... section 5(1) of the regulation provided that- 'allrules, notifications, orders, regulations and bye- laws made or issued by the central government under the provisions of any act generally for the territories to which such act extends shall, as from the commencement of the provisions of such act in goa, daman and diu, extend to, and come into force in goa, daman and diu ..... president of india, in exercise of the powers conferred by clause (1) of article 123 of the constitution, promulgated on 5th march, 1962, the goa, daman and diu ..... september, 1966, he made an application to the government of goa, daman and diu, stating that since his applications, dated 4th september, 1959, were deemed to have lapsed and he was directed to submit a fresh application in accordance with the provisions of the mines and mineral (regulation & development) act, 1957, and the mineral ..... shall be transferred by a simple endorsement legally registered, and that- 'theacknowledgement can be made in the district government office, should the manifestor be known there or by producing ..... but this provision is made, in my opinion, only for the purpose of filing a review application before the central government, so that an applicant desirous to have a .....

Narhari Shivram Shet Narvekar Vs. Pannalal Umediram

Court : Supreme Court of India

Reported in : AIR1977SC164; (1976)3SCC203; [1976]3SCR149

..... the decree-holder/respondent the cpc had not been applied and the portuguese code continued to apply but after the application of the cpc by virtue of the goa, daman and diu (extension of the cpc and the arbitration) act, 1965 (act 30 of 1965) the portuguese code which was in force in goa was clearly repealed and the present case does not fall within any of the clauses mentioned in the saving provisions of section 4 of the act. ..... court appears to have considered this point in all its comprehensive aspects and was of the opinion that the executability of the decree could not be considered to ..... xx xx xx xxto sum up, since on and from 15-6-1966 the portuguese law relating to reclamacao stood repealed and no substantive right or obligation had been acquired or incurred under that repealed law within the meaning of the first proviso to section 4(1) of act 30 of 1965, the appellants cannot be debarred from canvassing in this appeal under article 136, the plea of prescription notwithstanding the fact that they did not file any ..... as we have indicated above it was thug duty of the appellate court, namely the additional judicial commissioner, 'to take note of the change in law, namely, the applicability of the cpc to goa and the repeal of the portuguese code which was in force ..... to them, provisions which touch a right in existence at the passing of the statute are not to be applied retrospectively in the absence of express enactment or necessary intendment' (see delhi cloth and general mills co. .....

Prabhakar Gones Prabhu Navelkar . Vs. s.s.prabhu Navelkar(d) by Lrs..

Court : Supreme Court of India

..... this court referred to section 5 of the goa, daman and diu (administration) act, 1962 which contemplated continuance of laws in force before the appointed day in goa, daman and diu or any part thereof until amended or repealed by a competent legislature or other competent authority. ..... admittedly, the portuguese civil code continued in the union territory of goa, daman and diu by virtue of section 5 of the goa, daman and diu (administration) act, 45 1962 which provides that the existing laws shall be continued in force in the union territory until amended or repealed by a competent legislature. ..... this however, involves a wider debate and this bench has not been called upon to answer the same, as such we 46 refrain ourselves from expressing any opinion in regard thereto but the fact remains that both the negotiable instruments act and the contract act have been included in terms of the regulations noticed above and as such, made applicable in the state of goa, daman and diu.14. ..... this court observed (para8) that, so far as article 136 was concerned, it was to be noted firstly that it was very general and was not confined merely to criminal cases, and that (see para 9), the wide discretionary power with which the court was concerned was applicable to all types of cases. ..... in this regard we notice the following discussion in controller of es- tate duty, lucknow v.alok mitra in air1981sc102- 31. .....