Court : Mumbai Goa
..... the water which proves that the wreck was not at all removed or disintegrated. he read out the provisions of part xiii on wreck and salvage contained in the merchant shipping act, 1958, in support of his contention that there is no need to remove the wreck which lies outside the port area. he pointed out that the defendant no. ..... over the wreck. however, the above facts have not been pleaded in the written statement of the defendant no. 1. i am of the view that the amendment to the written statement therefor is necessary for the purpose of determination of the real controversy between the parties and for the ends of justice. i am also satisfied ..... on behalf of the defendant no. 2. 12. mr. afonso, learned counsel appearing on behalf of the defendant no. 1, in the first instance, submitted that the amendment to the written statement, as prayed for by the defendant no. 1 is necessary for determination of real controversy between the parties and that since evidence has already come on .....
Tag this Judgment!Court : Mumbai Goa
..... i and ii in relation to acquisition of property, the court stated as under:- (scc pp.281-282, para 38) 38. before the constitution (seventh amendment) act, entry 33 list i invested parliament with power to enact laws with respect to acquisition or requisitioning for the purpose of the union, and entry 36 list ..... and replace the entry in the concurrent list by a comprehensive entry covering the whole subject. (see statement of objects and reasons in respect of constitution (seventh amendment) act, 1956)." 11. the scope of entry 42 in list iii of the seventh schedule has been considered in detail in rustom cavasjee cooper -vs- union of ..... ii conferred legislative power on the union and the states respectively for acquisition or requisitioning of property for its own purpose. constitution (seventh amendment) act, 1956, which made the aforementioned amendment was designed to clear the ambiguity about the power of acquisition and requisitioning of property being not a power incidental to any of .....
Tag this Judgment!Court : Mumbai Goa
..... mr. pangam, learned advocate for the plaintiffs, argued that section 102 of the code of civil procedure(c.p.c.), which has been amended by virtue of section 5 of the code of civil procedure (amendment) act, 2002, pertains to recovery of money and the present suit is for damages. he further contended that this suit was filed in the ..... juster-ti ? 4) whether the present second appeal filed on 30/7/2003 is maintainable in view of the amended provisions of the code of civil procedure by virtue of section 5 r/w section 16 of the code of civil procedure (amendment) act, 2002? 11. mr. d. j. pangam, learned advocate, argued on behalf of the plaintiffs whereas, mr. ..... year 1992 when the said amendment was not existing. according to learned counsel, the plaintiffs' right to file the appeal goes to the date .....
Tag this Judgment!Court : Mumbai Goa
..... mr. pangam, learned advocate for the plaintiffs, argued that section 102 of the code of civil procedure(c.p.c.), which has been amended by virtue of section 5 of the code of civil procedure (amendment) act, 2002, pertains to recovery of money and the present suit is for damages. he further contended that this suit was filed in the ..... juster-ti? 4) whether the present second appeal filed on 30/7/2003 is maintainable in view of the amended provisions of the code of civil procedure by virtue of section 5 r/w section 16 of the code of civil procedure (amendment) act, 2002? 11. mr. d. j. pangam, learned advocate, argued on behalf of the plaintiffs whereas, mr. ..... year 1992 when the said amendment was not existing. according to learned counsel, the plaintiffs' right to file the appeal goes to the date .....
Tag this Judgment!Court : Mumbai Goa
..... principles of catholic doctrine under the control of the competent ecclesiastical authority, through the means of religious instruction, liturgical activities, etc. it appears that thereafter the constitution was amended, but the same does not change the basic structure of respondent no.3. 25. respondent no. 3 has relied upon the certificate dated 24th june, 2009, ..... 2008 and initially, the appointments of respondents no.4 to 6 were challenged and after the appointment of respondent no. 7 in the year 2010, by an amendment, her appointment was also challenged. in short, the case of the petitioner is that the appointments of respondents no.4 to 7 are made in clear breach ..... . consequently, respondent no.3 cannot be called as minority educational institution, within the meaning of section 2(g) of the act. 16. after the petition was amended, challenging appointment of respondent no.7, respondent no.3 has filed an affidavit dated 29.6.2011, reiterating that the petitioner was considered along .....
Tag this Judgment!Court : Mumbai Goa
..... principles of catholic doctrine under the control of the competent ecclesiastical authority, through the means of religious instruction, liturgical activities, etc. it appears that thereafter the constitution was amended, but the same does not change the basic structure of respondent no.3. 25. respondent no. 3 has relied upon the certificate dated 24th june, 2009, ..... 2008 and initially, the appointments of respondents no.4 to 6 were challenged and after the appointment of respondent no. 7 in the year 2010, by an amendment, her appointment was also challenged. in short, the case of the petitioner is that the appointments of respondents no.4 to 7 are made in clear breach ..... . consequently, respondent no.3 cannot be called as minority educational institution, within the meaning of section 2(g) of the act. 16. after the petition was amended, challenging appointment of respondent no.7, respondent no.3 has filed an affidavit dated 29.6.2011, reiterating that the petitioner was considered along .....
Tag this Judgment!Court : Mumbai Goa
..... of conditions no. 5 and 8 of the warehousing license no. 02/05 dated 13/07/2005 issued under section 58 of the customs act, 1962. it is revealed that the time endorsed on the merchant overtime applications (mot) attended by these superintendents does not correspond with the time shown on the weighing slips. shri s. p. bharne ..... taken on record during investigation. 6. further charge is that the three consignments were got cleared by filing 88 ex-bond bills of entry and one shipping bill. two ex-bond bills of entry were filed by m/s. adani exports/m/s. adani enterprises in its own name for the short ..... of their official position, dishonestly and knowingly countersigned such ex-bond bills of entry and thereby facilitated the pecuniary loss to the government exchequer. they deliberately accepted dishonest acts of omissions and commissions on the part of shri atmaram ghadi, bond clerk and aforesaid three appraisers of customs. further, the three countersigning commissioners of customs (dc/ .....
Tag this Judgment!Court : Mumbai Goa
..... of conditions no. 5 and 8 of the warehousing license no. 02/05 dated 13/07/2005 issued under section 58 of the customs act, 1962. it is revealed that the time endorsed on the merchant overtime applications (mot) attended by these superintendents does not correspond with the time shown on the weighing slips. shri s. p. bharne ..... taken on record during investigation. 6. further charge is that the three consignments were got cleared by filing 88 ex-bond bills of entry and one shipping bill. two ex-bond bills of entry were filed by m/s. adani exports/m/s. adani enterprises in its own name for the short ..... of their official position, dishonestly and knowingly countersigned such ex-bond bills of entry and thereby facilitated the pecuniary loss to the government exchequer. they deliberately accepted dishonest acts of omissions and commissions on the part of shri atmaram ghadi, bond clerk and aforesaid three appraisers of customs. further, the three countersigning commissioners of customs (dc/ .....
Tag this Judgment!Court : Mumbai Goa
..... joint deemed purchasers of the same. the said sale deed cannot affect the tenancy rights of the plaintiff and the consequent rights acquired by virtue of fifth amendment to the agricultural tenancy act. the substantial question no. (ii) is answered accordingly. 21. it is true that the defendant in the written statement has pleaded that the tenants ..... co-tenant) of the suit paddy field, he had become joint owner (co-owner), with effect from 20/4/1976, by virtue of the fifth amendment to the agricultural tenancy act. therefore, the question of defendant or his mother purchasing some specific portion of the land from the landlord without the consent of the plaintiff does not ..... to go ahead with the construction in the suit paddy field, without the permission/consent of the plaintiff is erroneous. by virtue of the fifth amendment to the agricultural tenancy act, all the tenants became deemed purchasers of the land cultivated by them, with effect from 20/4/76. there is no dispute that every co .....
Tag this Judgment!Court : Mumbai Goa
..... joint deemed purchasers of the same. the said sale deed cannot affect the tenancy rights of the plaintiff and the consequent rights acquired by virtue of fifth amendment to the agricultural tenancy act. the substantial question no. (ii) is answered accordingly. 21. it is true that the defendant in the written statement has pleaded that the tenants ..... co-tenant) of the suit paddy field, he had become joint owner (co-owner), with effect from 20/4/1976, by virtue of the fifth amendment to the agricultural tenancy act. therefore, the question of defendant or his mother purchasing some specific portion of the land from the landlord without the consent of the plaintiff does not ..... to go ahead with the construction in the suit paddy field, without the permission/consent of the plaintiff is erroneous. by virtue of the fifth amendment to the agricultural tenancy act, all the tenants became deemed purchasers of the land cultivated by them, with effect from 20/4/76. there is no dispute that every co .....
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