Court : Mumbai Goa
Decided on : Mar-28-2014
..... , where the property is not all situated in one sub-district, or where the registered instrument has been registered under sub-section (2) of section 30 of the indian registration act, 1908, from the earliest date on which any memorandum of such registered instrument has been filed by any sub-registrar within whose sub-district any part of the property ..... the reference proceedings on 26/4/2007 awarding the amount of compensation of rs.5,66,027/- with interest in favour of the goa co-operative bank. by an amendment to the written statement, the defendants no.6 and 7 stated that the will dated 22/1/1999 was executed by the original plaintiff no.1 only with the ..... reads as follows: œ105. bar of jurisdiction of courts- (1) save as otherwise provided in this act, no court shall have jurisdiction in respect of - (a) the registration of multi-state co-operative society or its bye-laws or of an amendment of the bye-laws; (b) the removal of board of directors; (c) any dispute required under section .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Feb-26-2014
..... the facts of the present case as the apex court has held that the judgment dated 18.04.1996 in indian council for enviro-legal action v/s union of india, declaring part of the amendment notification dated 16.08.1994 to be illegal will not affect the completed or ongoing constructions being undertaken pursuant to ..... its operation was neither stayed by this court nor by the government. therefore, a citizen was entitled to act as per the said notification. this court finds that the rights of the parties were crystallized by the amending notification till part of the same was declared to be illegal by this court. therefore, notwithstanding the fact ..... plans with such deviations are submitted and obtained, the approval prior to the occupancy of the building. 2) the authority may subject to the provisions of the act, revoke any permission given under these regulations if it is found that subsequent major deviations have taken place during development and proper permission for these changes have .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Jan-20-2014
..... /0 and survey no.65? (ii) whether the defendants prove that the suit properties belong to them? (iii) whether the defendants prove that suit is barred under the indian forest act in view of publication to notification under section 4? (iv) what relief? what order? 17. issues no. 1 to 3 are answered in negative by the trial court ..... the pendency of the suit, according to the plaintiff, the defendants allowed one agency to do mining activities in the suit property. to that effect the plaint was amended. 8. it is the case of the plaintiffs that remaining portion of survey no.62/0 belongs to the communidad of rivona but since they abandoned the claim over ..... trial court has not framed issue of limitation. it appears that with regard to provisions of section 20 of the indian forest act and on the basis of the contentions of the defendants that notification was issued under the forest act, to declare the suit property as forest, some issue of jurisdiction was framed. the issue could have been there .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Apr-23-2014
..... will have to be proved and this will have to be done under the indian evidence act. he further urged that the averments already made in the election petition were within the framework of law and the respondent no. 1, by way of amendment, has only elaborated the facts. learned counsel submitted that the respondent no. ..... is clear that amendment of the election petition in the present case was permissible and was governed by order 6 rule 17 of c.p.c. 10. in the case of œsonia gandhi? (supra), admittedly, the respondent-sonia had acquired indian citizenship by registration under section 5(1)(c) of the citizenship act and the validity(correctness ..... mohammed mohd. raza? (supra), the point for consideration was whether an election petition under section 33 of the mumbai municipal corporation act 1888 (the act) can be permitted to be amended. an application for amendment of the election petition was filed on the ground that during the pendency of the election petition, the petitioner came to know .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Feb-21-2014
..... from the pcc and not de hors the same. in para 12 of the judgment, the court observed that the negotiable instruments act, 1881, indian contract act, sale of goods act and transfer of property act were brought into effect in goa from 1st december, 1965. hence, these legislations came to be made applicable to the state of ..... pcc dealing with limitation was local law within the meaning of section 29(2) of the limitation act, 1963. this 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 ..... december, 1961 “ would continue to be in force until amended or repealed by a competent legislation or other competent authority. the pcc and the portuguese civil procedure code which dealt, inter alia, with the matters of limitation have not been repealed at any time even after the limitation act, 1963 was enacted. no notification under section 6 of .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Aug-13-2014
..... recommended second renewal for 20 years, subject to satisfaction that the mining was in the interest of mining development. (f) the government of goa introduced the indian stamp act (goa amendment) act, 2012; (g) demand notices were issued to the petitioners individually, asking them to pay the enhanced stamp duty. the petitioners, accordingly, deposited the same. ..... rule 24-a of the mc rules for a period of 20 years from 2007 to 2027. (iv) the state government, thereafter, introduced the indian stamp act (goa amendment) 2012, which came into effect from 14th november, 2012 and issued demand notices to the petitioners seeking payment of stamp duty for execution of the ..... passed an order requiring the petitioners whose leases were decided to be renewed, to pay the enhanced stamp duty in accordance with the amended provisions of the indian stamp act. the order discloses that the government, in principle, has agreed for renewal of the mining leases and the concerned leaseholders were directed .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Jun-27-2014
..... and others; (1997) 3 scc 261 and therefore abridgment by a constitutional amendment is also very doubtful. (j) it may be true that a statutory amendment of a rather cognate provision, like section 115 of the civil procedure code by the civil procedure code (amendment) act, 1999 does not and cannot cut down the ambit of high court's ..... power under article 227. at the same time, it must be remembered that such statutory amendment does not correspondingly expand the high court's jurisdiction of superintendence under ..... with gaurav, she would need rs.3,50,000/- per month to maintain herself and children. radhika had even filed appropriate amendment application in the proceedings under the domestic violence act to claim a sum of rs.3,00,000/- per month. radhika requires money for orthodontist treatment of both the children, .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Mar-10-2014
..... regarding tampering of evidence is taken by the prosecution almost in all the cases. by resorting to section 288 of municipalities act, he submitted that the act of the applicant was in good faith. he also contended that section 304 of ipc cannot at all be applied to the present case. 11. on the contrary, mr. rivankar, learned public prosecutor ..... building operation is in conformity the provisions of the bye-laws. (e) it shall be necessary for every person whose plans have been approved or otherwise, to submit amended plans for any deviations that he proposes to make during the construction of his building work and the procedure laid down for plans and/or other documents here-to- ..... fore shall apply to all such amended plans; (f) the decision of the council in pursuance of the application referred to in bye-laws 5(d) shall be communicated to the person or to .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Jan-24-2014
..... no. 1, 3 and 4) filed their written statement whereby they alleged to be the deemed owners of the suit property in view of 5th amendment to the goa, daman and diu agricultural tenancy act. the said defendants stated that their father late shamba anant shetye had taken the suit property on lease from one mr. parrikar of mapusa from ..... thus: œ16. there is yet another reason why the plaintiffs cannot be permitted to continue with this suit. the plaintiffs are seeking the relief of declaration of being an indian company, in view of the findings of the new orleans court that snp is "alter ego" of the merali family. the plaintiffs apprehend that this would be interpreted by ..... would not be bound by the declaration. it would be of no effect, and thus futile. this apart, even if it is declared that snp is an indian company, legally owned by indians, it would not automatically mean that it is not an "alter ego" of the merali family. thus the declaration would be an empty formality. courts refrain from .....
Tag this Judgment!Court : Mumbai Goa
Decided on : May-09-2014
..... covered. both owner of the goods as well as the authorised representative of the owner of the goods are now covered in view of the amended provision of section 147(1) of the m. v. act. 28. the insurance policy at exhibit 87 is a goods carrying (other than 3-wh) public carriers package policy and the liability of ..... company was not liable. the above case is not applicable to the facts of the present case as here the matter pertains to the provisions of section 147, after its amendment. (d) in the case of œm. v. jayadevappa and another? (supra), it was the contention of owner of the vehicle that his said vehicle was a passenger ..... 721] (vi) new india assurance company ltd vs. vedwati and others,[2007 acj 1043]. (vii) national insurance company ltd vs. rattani and others, [2009 acj 925] (viii) new indian assurance company ltd vs. laxmi rama padsalgi and others, [2010 acj 1041] 13. learned counsel appearing on behalf of respondent no. 2 further submitted that the evidence on record clearly .....
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