Court : Mumbai Goa
..... in the case of madhav ramchandra nanivadekar (supra), the division bench of this court held that it was not obligatory on the part of the land acquisition officer to give personal hearing in an inquiry under section 5a of the land acquisition act, when the citizen did not demand such a personal hearing, although such an opportunity was offered to him. 29. ..... on 26th september, 2011, respondent no.1 again inspected the petitioner's mine and on 15th december, 2011, inspection report dated 26.9.2011 was sent to the petitioner, inter alia, stating that in view of the supreme court order dated 4th december, 2006, the environment clearance be kept in abeyance since final approval of the wildlife board and prior permission for drawal of ground water had not been obtained. ..... in any case, this court will have to consider the challenge to om dated 2nd december, 2009 and the guidelines dated 19th august, 2010, since challenge to both of them would not lie before the tribunal and in such a case, it would lead to anomalous situation, resulting in miscarriage of justice. ..... thereafter on 15th july, 2008, respondent no.3 granted permission under the wildlife act and on 21st august, 2009, the petitioner filed compliance report with respondent no.1 stating, inter alia, that clearance under the wildlife act has been obtained from respondent no.3, on 5th july, 2008. ..... the petitioner sent its response to respondent no.1, disputing the contentions raised in the report. 7. .....
Tag this Judgment!Court : Mumbai Goa
..... thus while upholding the objection under section 16(2) of the act, claims were dismissed for "lack of jurisdiction of the tribunal and/or lack of arbitrability". ..... the facts necessary for the disposal of the petition may be stated thus: that the petitioner no.1 is a company incorporated under the companies act, 1956 with its registered office at mumbai. ..... absence of jurisdiction, on account of the claim falling outside the arbitration clause: the learned arbitrator noticed that the hon'ble supreme court in the order dated 23/09/2010 vide paragraph 13 had held that the disputes as mentioned in paragraphs (a),(c) and (f) as indicated therein would not be amenable to arbitration as they did not arise out of the sha, which contains an arbitration clause. ..... order the respondents to pay losses of management fees of 2.5% of total sales and 5% of the gross operating profit for the first five full years of management and subsequently 3% of total sales and 7.75% of the gross operating profit from the sixth year onwards as is provided under the memorandum of understanding clause 4 for the management contract and clause 7.4 of the sha as well as costs and interests for wrongful termination of the management agreement for 3 years, 4 months and 13 days. 3. ..... (supra) the hon'ble apex court has inter alia held that a pure question of law which goes to the root of the matter and which does not involve investigation into facts, can be allowed to be raised at any stage. ..... severn trent water purification inc .....
Tag this Judgment!Court : Mumbai Goa
..... 26567/2009, the apex court allowed the said appeal and set aside the order dated 14/08/2009 of the learned designate and allowed the petition filed by the petitioners under section 11 of the arbitration act, for appointment of an arbitrator, in respect of only those disputed falling under the sha, subject to the clarifications made in the said order. 10. ..... thus, bifurcation of suit in two parts, one to be decided by the arbitral tribunal and other to be decided by the civil court, is not possible, under section 8 of the arbitration act, as held by the apex court in the case of sukanya holdings (p) ltd? ..... no doubt, mou has been referred to in various clauses of the sha and in clause 17.4 of the sha, it is stated that the said agreement (together with all agreements and documents executed contemporaneously with it or referred to in it) constitutes the entire agreement between the parties in relation to its subject-matter. ..... 2 (twl, for short) and twhl, on the other side, inter alia, for transfer of said 50% shareholding in the twhl, in favour of thpl. ..... there was a shareholders agreement among appellants and respondents dated 9.6.2000 inter alia for transfer of 50% shareholding in the third respondent company and the said agreement contains a provision for arbitration in clause 19 of the agreement. ..... , [(2012) 10 scc 1], wherein the apex court has, inter alia, held that the law declared? ..... inter alia, 50 % equity shares in the twhl were agreed to be sold to thpl or its nominee. .....
Tag this Judgment!Court : Mumbai Goa
..... the above petition challenges the award dated 10.10.2003, passed by the presiding officer, central government industrial tribunal, whereby the learned tribunal has exercised its powers under section 11-a of the industrial disputes act and interfered with the punishment which was inflicted by the management whereby the services of the respondent no.1 were terminated ..... learned counsel further pointed out that the respondent no.1 was absent only for a period of 26 days and, as such, the tribunal was justified to exercise its powers under section 11-a of the industrial disputes act and modify the punishment awarded by the petitioner. ..... the tribunal whilst passing the impugned award and interfering in the punishment within the provisions of section 11-a of the industrial disputes act, has relied upon two judgments of the apex court to the effect that in cases in which the employee is absent from service, a harsh punishment of dismissal is not ..... taking note of the peculiar facts of the present case which have been stated herein above i find that the tribunal has rightly exercised jurisdiction whilst passing the impugned order after evaluating the nature of the misconduct established as against respondent no.1 herein. 8 ..... the justification given for absenting himself for reporting to duty on the said occasions was, inter alia, in view of the sickness of his mother as well as on account of the death of his uncle ..... 615, in the case of maharashtra state road transport corporation,nanded vs. .....
Tag this Judgment!Court : Mumbai Goa
..... as already stated earlier, one of the keys of the lock to the door of office premises used to remain with pw.1 and the other was kept on the window sill for the use of pw.7 and of the deceased. ..... however, there is absolutely no evidence on record to show that the said two keys i.e the key (m.o.3) produced by pw.1 and the key (m.o.11) recovered at the instance of the accused were tried on the said lock put to the door of the office premises, in the presence of panchas after they were attached but before they were packed and sealed to prove that the said lock could be opened with the help of the said two keys. ..... since the above statement allegedly made by the deceased to pw.13 was not in relation to the cause of death of the deceased, the same is not covered by section 32 of the evidence act and it is not admissible being hearsay. ..... (vi) there was dispute between the accused and the deceased about 8 to 10 days prior to the incident; (vii) the key of the lock on the door of the said office was recovered at the instance of the accused and the said key has been identified by pw.7; (viii) the accused was not in his room between 22.00 hours of 11/05/2009 till 01.00 hours of 12/05/2009 and after his return, he looked to be in confused mood. ..... first of all, therefore, the alleged incidence of carnal inter course, whether consensual or non-consensual with the deceased, by any person is not proved beyond reasonable doubt. ..... 42.in the result: (a) the appeal is allowed. .....
Tag this Judgment!Court : Mumbai Goa
..... pangam, the learned counsel has brought to my notice the provisions of section 2(a) of the industrial disputes act. ..... the learned counsel further submits that a part of the claim of the appellant was allowed whereas a substantial claim came to be rejected and, consequently, the appellant preferred an appeal before the company judge being appeal no.2/2006 which was partly allowed and the matter was remanded to the official liquidator to decide the claim afresh in accordance with law ..... from the aforesaid reasons and subject to what has been stated herein above, i find that there is no reason for interference in the impugned order ..... the learned counsel also points out that somewhere in the year 2001 there was a settlement arrived before the conciliation officer between the union to which the appellant belongs, with the company in liquidation. ..... this aspect would have to be left to the competent court or tribunal to examine whether such claim of the appellant can be entertained or not. 6. ms. a ..... learned counsel further submits that thereafter the appellant filed a supplementary claim before the official liquidator, inter alia, contending that the settlement arrived at in the year 2001 was not in accordance with law and, as such, could not be relied upon. ..... learned counsel further points out that whilst disposing of the said appeal this court had inter alia directed the official liquidator to examine the claim of the appellant that the settlement was not in accordance with law and a nullity. .....
Tag this Judgment!Court : Mumbai Goa
..... the order granting permission in terms of section 44 of the town and country planning act is dated 29.11.1991 and it clearly states that the application for approval was filed by the respondent no.7 on 10.05.1991. ..... ribeiro, chartered surveyor and valuer as court commissioner in the above writ petition inter-alia to submit a map which correctly shows the location of the disputed property/structure - palm hotel in miramar area vis-a-vis existing structures on the bank of river mandovi including yatri niwas, youth hostel, indoor stadium and kala academy so as to examine whether the disputed structure is coming towards the seaward side or it is towards landward side and make a report on the above points. ..... in view of the complaints from the residents of miramar, the captain of ports inspected the palm hotel's plot and it is the contention of the petitioners that it was noticed that the excavated sand was dumped between the high water level and low water level and due to dumping of the sand the access from the youth hostel to miramar was blocked. ..... the learned counsel further pointed out that the government officers have deliberately feigned the correct position by claiming that the hotel project comes within a distance of 1.5 km from the high tide line overlooking the provisions of the regulations as well as the intention in constituting crz areas to allow the hotel project of the respondent no.7. .....
Tag this Judgment!Court : Mumbai Goa
..... section 17 sets out the offences and penalties for contravention or violation or failing to comply with the provisions of the act or rules made thereunder in supplying information as prescribed, obstructing the ground water officers or any other person authorised by him to exercise the powers under the act as also for illegal sinking / construction and/ or use of the well and/ or transportation of the water and/ or polluting or contaminating the ground water. ..... section 13 of the act provides for powers of ground water officers, which not only extends to investigation as regards the water located on surface or underground water and inspection of wells, but also to close the use of toilet/ septic tank/ soak pit if found polluting the well water. ..... the state government has framed rules in exercise of the powers conferred under section 26 of the act which includes the fees to be charged under the act. 13. ..... the petition, inter alia, seeks implementation of the goa ground water regulation act, 2002 (the act, for short) and the rules thereunder. ..... it is also not possible to ascertain or arrive at an amount of compensation in exercise of the writ jurisdiction of this court, which would essentially involve disputed questions of fact, requiring recording of evidence, both documentary and oral. .....
Tag this Judgment!Court : Mumbai Goa
..... considering the nature of the dispute and as substantial work has already been completed and the work to drain the water from the storm water drain has to be completed before the ensuing monsoon and as any such work is made subject to the conditions stated herein above, we find that no case is made out for any stay which would cause grave prejudice to the occupants of the building constructed by the respondent no.2. ..... , however, in the present case, even assuming the contention of the petitioners that the outlet chamber which the petitioners described as an 'inspection chamber' is located in the property of the petitioners is accepted, in view of the clear provisions of section 176 of the said act, the petitioners are bound to allow the occupants of the building of the respondent no.2 to use the said drain so as to allow the flow of water from the storm water drain. ..... section 178, inter alia, provides that the commissioner shall give the owner of the drain reasonable opportunity of stating his objections and if any such objections appear to him invalid or insufficient, may by an order in writing authorise the said owner or occupant to use the drain or declare the said owner to be a joint owner thereof, on such terms and conditions and on such payment of fees or compensation which may be required to be paid to such owner of the drain as may appear to him equitable with regard .....
Tag this Judgment!Court : Mumbai Goa
..... to our notice the amendment to the maharashtra animal preservation act of 1976, to point out that there is, inter alia, a complete ban on slaughter of cows, bulls and bullocks in the state of maharashtra and in terms of section 5(a) of the said maharashtra act, no person shall transport or offer for transport or cause to be transported cow, bull or bullock from any place within the state to any place outside the state for the purpose of its slaughter in contravention of the provisions of this act or with the knowledge that it will be or is likely to ..... advocate further pointed out that the same officer/veterinary officer cannot perform dual functions as a competent authority and a certifying authority and, as such, the two incumbent officers should be different as, according to him, the field of issuing certificates for such purpose are totally different. ..... separate isolation pens shall be provided in slaughter house with watering and feeding arrangements for animals suspected to be suffering from contagious and infectious diseases, and fractious animals, in order to segregate them from the remaining ..... further pointed out that the directions issued by the apex court for maintaining the slaughter house have to be strictly complied with and, as such, according to him, unless all such facilities are provided, the question of allowing of any slaughter of animals at the premises of respondent no. ..... it is not disputed by the learned counsel that the premises of the goa meat complex of the .....
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