Court : Mumbai Goa
..... refer to certain decisions, which were cited at the bar. 15. the hon'ble supreme court, in the case of general manager, kerala state road transport corporation, trivandrum vs. susamma thomas and another, air 1994 sc 1631, has laid down the broad principles, under which the court should determine the damages, which are ..... at the instance of the respondent no. 3. even otherwise, having regard to the limited defences available to the insurance company, particularly in the absence of any leave being granted under section 170 of the act (as the owner of the vehicle was a contesting party), the appellant cannot conceivably challenge the issue of negligence. ..... partial disablement. the learned counsel has submitted that the tribunal ought to have allowed compensation under the head of pain and suffering, loss of amenities of life and towards the costs of securing an attendant. the learned counsel submits that although, the appellant was sanctioned fully paid leave for the period of treatment, .....
Tag this Judgment!Court : Mumbai Goa
..... in number to the representatives of the respondents. the claimants pray that the respondents be directed to extinguish all inter-corporate loans and all other loans and liabilities in the books of trade wings hotels which were not present at the commencement ..... air sc 153, (vi) jain studios limited v/s. maitry exports pvt. ltd. reported in i (2008) bc 640, (vii) national insurance co. ltd. v/s. boghara polyfab pvt. ltd. reported in (2009) 1 scc 267, (viii) foreshore co-operative housing society lomited ..... sha self terminated on 7/09/2000 as has been rightly concluded by the learned arbitrator. it is submitted that the life and terms of the sha could only be extended, varied, amended or modified by a document in writing executed and ..... /07/2013 passed by the learned arbitrator upholding an objection raised under section 16(2) of the arbitration and conciliation act, 1996 ('the act', for short) and thereby rejecting the claim filed by the petitioners. 2. the facts necessary for the disposal of .....
Tag this Judgment!Court : Mumbai Goa
..... of rape or similar offence was done by her. a suggestion has been put to her that she falsely implicated the accused in this case in order to claim insurance. in her examination-in-chief, pw1 stated that the accused committed rape without using contraceptive i.e. condom. if condom is not used, there is possibility of ..... that i am not aware and hence by his aforesaid adamant attitude he lost the opportunity to rebut the legal presumption arising under section 114-a of the evidence act, in favour of the victim girl, whose evidence was other wise cogent and reliable. the trial court held that the prosecution proved beyond reasonable doubt that the accused ..... for punishment of rigorous imprisonment for a term which shall not be less than ten years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person's natural life, and shall also be liable to fine. in the present case, inter alia, the accused was charged for offence punishable under .....
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..... fernandes was born on 13th june, 2008 at vintage hospital, panaji-goa, and the birth of the child has been registered with the registrar of births and deaths, corporation of the city of panaji, goa. 5. the petitioner had filed an application for custody of the said minor child graca in terms of article 1458 of the ..... /husband of the petitioner in u.k. and further the respondent being a british national apart from being the holder of a british passport, had also obtained health insurance for the wife amongst other benefits. the appellate court held that the petitioner stayed with the husband in u.k., obtained british citizenship and u.k. citizenship was ..... said order of english court, filed writ petition in high court in india for production and custody of the child. section 6 of the hindu minority and guardianship act, 1956 constituted the father as the natural guardian of a minor child. however, the apex court held that the said provision cannot supersede the paramount consideration as to .....
Tag this Judgment!Court : Mumbai Goa
..... 52 of the book, it is mentioned that gkb ophthalmics were regularly making profits and paying dividend every year. an article published in the magazine of the corporate world business india dated 04/10/2009 says that gkb ophthalmics aims to become a global multipurpose ophthalmic outsourcing company and that with gkb witnessing good growth, ..... house. the parties together have anukampa, 60, green valley, alto porvorim, goa 403521 as their permanent address in the passports, voter ids, pan cards, gas connection, insurance policies, bank accounts, income tax returns, etc. no document of ownership of the said house in favour of the mother of gaurav has been produced on record. gaurav ..... stated in the application for interim maintenance and if gaurav, his wife radhika and their children were not living in a life style as stated in detail in the said application, under section 24 of the act, gaurav would never have agreed to such terms and signed them. the denials of gaurav, therefore, to all the .....
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..... death of yellappa jedi. insofar as the quantum of compensation is concerned, the learned tribunal mainly relied upon the case of smt. sarla verma v/s. delhi transport corporation? [2009 (6) scc 121, (sc)]. the tribunal held that as per the judgment passed in sarla verma? (supra), the multiplier is to be determined on ..... the hon'ble supreme court, by judgment dated 17/09/2002, held that unless the conditions precedent specified in section 170 of the m. v. act are satisfied, an insurance company has no right of appeal to challenge the award on merits. however, in a situation where there is a collusion between the claimants and the ..... and instead, placing reliance upon the bhushan sachdevas case (supra). nicolletta rohtagis case was exhaustively discussed by a three judge bench in the case of united india insurance company vs. shila datta. though the court has expressed its reservations against the correctness of the legal position in nicolletta rohtagi decision on various aspects, the same .....
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..... /01/2008 and its liability under the said policy for the purported accident on 31/12/2007 was governed by the terms and conditions of the insurance policy and relevant provisions of the m.v. act. the respondent no. 3 also denied all the averments made in the claim petition and alleged that the amount of compensation claimed by the claimant ..... given in the second schedule could have been taken as income of the deceased. he relied upon the case of sarla verma (smt) and others v/s. delhi transport corporation and another? [(2009) 6 scc 121] and submitted that deduction towards personal expenses could not have been only of 1/3rd but ought to have have been 50%. he ..... relied upon the judgment of the full bench of the high court of karnataka in the case of guruanna wadi and another v/s. general manager, karnataka state road transport corporation and another? [2001(3) t.a.c. 329 (kant.)]. he pointed out from the structured formula that the multiplier for the age group of 35 years to 40 years .....
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..... central government, the directorates of mining and geology of any state government (by whatever name called ), and the mineral exploration corporation limited, a government company within the meaning of section 617 of the companies act, 1956:] [provided also that nothing in this sub-section shall apply to any mining lease (whether called mining lease, mining ..... district, as we have seen, had several kinds of lands. there were perpetual and period leases from government. villages and lands were sold or were granted for life or lives which later became hereditary possessions. this made little difference, in so far as government was concerned, because there was neither a tenure nor payment of ..... provided for banning of leases for quarrying black granite in favour of private persons and provided that the leases could only be granted in favour of any corporation wholly owned by the state government. the madras high court had struck down rule 8-c on the ground that it exceeded the rule making power .....
Tag this Judgment!Court : Mumbai Goa
Oral Judgment: Heard Shri V. Palekar, the learned Counsel appearing for the appellants and Mrs. A. Agni, the learned Counsel appearing for the respondent. 2. The above appeal has been admitted by this Court on 22/10/2008 on the following substantial question of law: “Whether the Directors drawing remuneration in excess of the statutory maximum could be counted for the purpose of arriving at the statutory minimum number of employees for deciding coverage?” 3. Shri V. Palekar, the learned Counsel appearing for the appellants also filed the above Miscellaneous Civil Application No.801/2008 to produce additional documents under the provisions of Order 41 Rule 27 of the Civil Procedure Code. 4. This Court by order dated 5/03/2010 directed that the said application be decided at the time of the disposal of the appeal. Hence, the learned Counsel addressed submissions in support of their rival contentions on the above appeal as well as the said application. 5. Shri V. Palekar, the ...
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..... the central government from time to time; or (c) the central government or a state government or any company or any corporation owned or controlled by either of the said governments; or (d) a society registered under the societies registration act, 1860 (21 of 1860). 104} a bare perusal of the same would indicate that a licence can be issued for ..... union but it is for the benefit of the citizens in the affected area and it is the obligation of the state to take all necessary steps for a healthy life to its citizens and hence the acquisition being also for the other purpose, it would fall in the category of acquisition for any other purposes, as specified in ..... the setting up of railway line and cargo handling terminal at shelvona is in order to shift the activity from sanvordem town to shelvona which will provide for a healthy life to the residents of the affected area. it is the contention on behalf of the said respondents that the ore, which is extracted in the state of karnataka, is .....
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