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 : 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: 16. 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 : Jan-31-2014
..... in the shape of the photo-stat copy and this court did not perceive any error in the said analysis.? 21. section 65(a) and (c) of the indian evidence act provide as under : 65. cases in which secondary evidence relating to documents may be given- secondary evidence may be given of the existence, condition or contents of a ..... dube (1975)4 scc 664, wherein it has been held that : (scc p.666, para 7) '7.... according to clause (a) of section 65 of the indian evidence act, secondary evidence may be given of the existence, condition or contents of a document when the original is shown or appears to be in the possession or power of the ..... such documents that the law relating to proof of documents by secondary evidence is specifically enacted. 57. it may be mentioned that under section 65(c) of the indian evidence act when an original document has been destroyed or lost and cannot be produced within a reasonable time, secondary evidence of its contents is admissible. the cross examination of .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Feb-03-2014
..... relief of declaration. the court held that in such case it can be presumed that the suit was one for declaration and accordingly, the amendment was allowed. the plaintiff was not to get anything even if the amendment was allowed, as it was held that the property was self acquired and was bequeathed to the defendant. 18. in the present case, ..... becomes necessary for the party to approach the civil court. as the point of title was involved, the case of the plaintiffs falls under article 58 of the limitation act which is residuary article of limitation. thus even if it is presumed that the suit was for the purpose of declaration of title, the suit was not filed within ..... like relief of possession. when no such relief is claimed, court cannot make declaration under section 34. in view of the wording of section 34 of the specific relief act, the ratio laid down in the aforesaid case by the apex court cannot be extended to the provisions of section 34 when the proviso is applicable. 22. in view .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Feb-14-2014
..... court for fresh adjudication on the issue of easement claimed by the defendants in terms of section 15 of the indian easement act. 6. after remand, on 05/10/2013, the petitioners filed an application for amendment of the written statement and counterclaim before the first appellate court for incorporating certain facts and for adding an alternate ..... set aside. the said order of the high court was challenged before the apex court. the apex court held that the amendment inserting the relevant averment under section 16(c) of the specific relief act does not change the cause of action and would be a legally permissible exercise as laid down by the apex court in ..... ingredients required to establish the right of easement in terms of section 15 of the easement act, have, in fact, been established by the petitioners. no restriction has been put on the plaintiff to do the things permissible by law. the amendment, which is proposed by the petitioners to the written statement, does not at all enlarge .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Feb-19-2014
..... as it may, there can be no dispute that the provisions of rule 6-a onwards of order 8, c.p.c. were inserted by the code of civil procedure (amendment) act, 1976 w.e.f. 1-2-1977 while the provisions of rule 1 of order 8 were substituted by the code of civil procedure ..... (amendment) act, 2002 w.e.f. 1-7-2002. it is well settled by now that the provision of rule 1, order 8, is directory and not mandatory and it can be ..... to the case of rani kusum vs. kanchan devi and others, (2005)6 s.c.c. 705 wherein the apex court has stated that order 8, rule 1, after the amendment casts an obligation on the defendant to file the written statement within 30 days from the date of service of summons on him and within the extended time falling within .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Feb-20-2014
..... particularly where other offences are compoundable. it may be added here that the state of madhya pradesh vide m.p. act 17 of 1999 (section 3) has made sections 506(ii) ipc, 147 ipc and 148 ipc compoundable offences by amending the schedule under section 320 cr.p.c.?. 16. in the present case, the accused had injured himself in the accident ..... 2, the offence punishable under section 279 is not mentioned. it is useful to reproduce both the sections i.e. 279 and 338 for comparison. section 279 in the indian penal code, 1860 279. rash driving or riding on a public way. whoever drives any vehicle, or rides, on any public way in a manner so rash or ..... with fine which may extend to one thousand rupees, or with both. section 338 in the indian penal code, 1860 338. causing grievous hurt by act endangering life or personal safety of others.-- whoever causes grievous hurt to any person by doing any act so rashly or negligently as to endanger human life, or the personal safety of others, shall be .....
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 : Feb-25-2014
..... order. paying the valuation for grant of communidade's land upon regularisation would be an effective grant, conferring title upon respondent no.4. unless atleast such amends are made, respondent no.4 being an admitted encroacher, cannot be allowed to remain upon the land of the communidade once the fact of unauthorised encroachment is ..... law by a segment of the public which related to discharge of statutory duties of the temple authority with regard to the devotees. 35. in the case of indian banks' association, bombay and others vs. devkala consultancy service and others, (2004) 11 scc 1, the supreme court even in commercial matters relating to the ..... and powerful local interests. instead of having those unauthorised evicted, the gram panchayat sought to recover costs of the land, upon regularising the encroachment. the act of trespassers who had encroached upon the land came to be continued without authority of law. the supreme court agreed with the commissioner that regularisation of such .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Feb-25-2014
..... falls under chapter 20 in respect of the trial of summons cases by a magistrate. section 354 of the indian penal code prior to amendment was a summons case as the punishment was given up to two years (prior to amendment). section 258 empowers the court to stop the proceedings in certain cases and reads thus: "258 : power ..... erroneous and her order is to be set aside. she submitted that it is a case of sexual assault under section 354 of the indian penal code and the alleged act done by the accused/respondent has no concern with the discharge of his official duty and therefore no sanction under section 197 of the criminal procedure code ..... order passed by the learned magistrate on the application made under section 258 of the criminal procedure code. the learned sessions judge has formulated the point in respect of act done in official capacity and gave finding in affirmative. in the application under section 258 of the criminal procedure code the ground was made only of the absence of .....
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