Court : Mumbai Goa
..... the state government deems fit. 101} both, the learned advocate general and the assistant solicitor general, place reliance on the air craft act, 1934. the said act is an act to make better provision for the control of the manufacture, possession, use, operation, sale, import and export of aircraft. in section 2 ..... claiming compensation for the acquisition of their lands and even objecting to the compensation offered by taking recourse to section 18 of the land acquisition act. equally, on instructions the learned advocate general makes a statement that the state government will provide employment opportunities to the petitioners and the affected ..... impact assessment study and necessary approval before the project of such magnitude is undertaken. according to mr.sonak this pre-condition under the environment protection act, 1986 and under the environmental impact assessment notification issued in september 2006, is mandatory. this pre-condition has to be satisfied before acquisition proposal .....
Tag this Judgment!Court : Mumbai Goa
..... authorised structures not exceeding existing fsi, existing plinth area and existing density is permissible. she pointed out that there is no mention of town and country planning development act or regulations, in crz-iii. she also pointed out that the town and country planning department has also stated that the plan at page no. 122 is the ..... and consists in leading a man into damage by willfully or recklessly causing him to believe and act on falsehood. it is observed that it is a fraud in law if a party makes representations which he knows to be false, and injury ensues therefrom ..... 10. in the case of ram chandra singh (supra), the hon'ble supreme court has, inter alia, observed that fraud as is well-known vitiates every solemn act and that fraud and justice never dwell together. it is observed that it is well settled that misrepresentation itself amounts to fraud and a fraudulent misrepresentation is called deceit .....
Tag this Judgment!Court : Mumbai Goa
..... 5/appellant nos. 2 to 5 are the children of the deceased mr. joaquim araujo, have filed the claim petition under the provisions of section 166 of the motor vehicles act, contending inter-alia that on 27.09.2008 the deceased mr. joaquim araujo was proceeding to mormugao port trust to join his duties. he was riding his scooter bearing registration .....
Tag this Judgment!Court : Mumbai Goa
..... and was sufficient to cause death. the injury caused to pw.12 was also dangerous being on the abdomen. therefore, as has been rightly held by the trial court, the act of the accused amounts to murder insofar as the death of the deceased is concerned and attempt to commit murder insofar as pw.12 is concerned. hence, conviction of the ..... accused no.1 caused the death of khadak singh and also caused dangerous injuries to ravi shinde (pw.12). 42. the next question that arises for determination is whether the act of accused no.1 amounts to murder insofar as the deceased is concerned and attempt to commit murder insofar as ravi shinde (pw.12) is concerned. 43. as stated by ..... out by learned counsel for the accused no. 1, that the waiter, by name, shekhar, referred to by pw.1 has not been examined. section 134 of the evidence act provides that no particular number of witnesses shall in any case be required for proof of any fact. it is settled that one credible witness outweighs the testimony of a .....
Tag this Judgment!Court : Mumbai Goa
..... and was sufficient to cause death. the injury caused to pw.12 was also dangerous being on the abdomen. therefore, as has been rightly held by the trial court, the act of the accused amounts to murder insofar as the death of the deceased is concerned and attempt to commit murder insofar as pw.12 is concerned. hence, conviction of the ..... accused no.1 caused the death of khadak singh and also caused dangerous injuries to ravi shinde (pw.12). 42. the next question that arises for determination is whether the act of accused no.1 amounts to murder insofar as the deceased is concerned and attempt to commit murder insofar as ravi shinde (pw.12) is concerned. 43. as stated by ..... out by learned counsel for the accused no. 1, that the waiter, by name, shekhar, referred to by pw.1 has not been examined. section 134 of the evidence act provides that no particular number of witnesses shall in any case be required for proof of any fact. it is settled that one credible witness outweighs the testimony of a .....
Tag this Judgment!Court : Mumbai Goa
..... on or about 24/03/2009, has filed a suit for dissolution of marriage against the petitioner, being matrimonial case no.20/2009, under the hindu marriage act, 1955 (the act, for short), which is pending. initially, the couple and the children stayed in the matrimonial house which is anukampa, 60, green valley, alto-porvorim. ..... of the court to make an order for interim maintenance and litigation expenses. while deciding quantum of maintenance and litigation expenses, under section 24 of the act, discretion is to be exercised judiciously. the appellate court must be slow and and cautious in interfering with an order granting maintenance pendente lite and expenses ..... entitled to interim maintenance. thus, while considering the sufficiency of the amount required under the above provision, the interim maintenance under section 24 of the act should be granted keeping in view the earlier grants already made during the relevant period or grants which are being made. gaurav has also been paying the .....
Tag this Judgment!Court : Mumbai Goa
..... of india, the fir which has been registered by calangute police station vide f.i.r. no.295 of 2012 under the immoral traffic (prevention) act, 1956 and foreigner act and or any other act is quashed qua the victim ms. nilufar allabergenova and her name will may be removed from the said criminal proceedings. 10. since the victim is ..... mentioned that fir should not be lodged and chargesheet should not be filed against them. it is further mentioned that if chargesheet has already been filed under the foreigners act and other relevant laws of the land, steps may be taken to withdraw the case from prosecution so far as the victim is concerned. immediately action will have ..... of calangute police station on 20/12/2012 in connection to an immortal trafficking. fir was registered vide f.i.r. no.295/2012 under immoral traffic (prevention) act, 1956. the victim was lodged at the state managed, protective home at merces, goa. the petition was filed this court in which it is claimed that the petitioner .....
Tag this Judgment!Court : Mumbai Goa
..... consideration are primarily whether there is an arbitration agreement between the petitioners and respondents and whether the parties who applied under section 11 of the act are parties to such agreement. it is observed that the learned designate apparently felt constrained to examine the issue with reference to the pending civil ..... for consideration are whether there is arbitration agreement for resolution of disputes under the mou and whether other ingredients of section 8 of the arbitration act have been fulfilled and whether the judgment and order dated 23/09/2010 passed by the honourable supreme court would not constitute a binding precedent ..... september 2008 again approached the high court for appointment of arbitrator. the disputes that led to the filing of the application under section 11 of the arbitration act were as under: (a) disputes concerning the rights, liabilities and obligations arising under mou. (b) disputes concerning the rights, liabilities and obligations arising under .....
Tag this Judgment!Court : Mumbai Goa
..... electoral officer, for the state of goa, vide notification published in the official gazette dated 04/10/2010, under the provisions of goa municipalities act, 1969 (the municipalities act), declared the electoral process for the municipal councils and to elect councilors, including for mormugao municipal council. petitioner filed his nomination and in the ..... , inter alia, on the grounds:- that he had not incurred any disqualification; that the society is a private registered society registered under the societies act, which is neither the department of the government nor office of the government and also not an instrumentality of the government; that the said society ..... rules provided for the procedure to be followed in disciplinary proceedings and the punishments that may be imposed when an employee was found guilty of any act of misconduct. the procedure laid down in civil services (classification, control and appeal) rules as applicable to servants of the uttar pradesh government were .....
Tag this Judgment!Court : Mumbai Goa
..... ltd vs. commssioner of income-tax and another, reported in (2008) 307 itr 312(sc), to point out how apex court has considered the provisions of companies act and gift tax act, and explained different meaning of phrases "transfer", "allotment" and "creation" etc. he pointed out that the genuineness of the transaction between assessee and its sister ..... and therefore attracts gift-tax under section 4(1)(a) read with section 2(xxiv)(d) of the gift tax act, 1958?" however during the arguments, it is not disputed that answer to second question is contingent upon the first question and accordingly, parties have advanced arguments only ..... the quoted rate of shares amounts to excess payment, without consideration and therefore deemed to be gift made under section 4(1) (a) of the gift tax act 1958? b) whether on the facts and in the circumstances of the case the purchase of shares by the assessee over and above the quoted rate without consideration .....
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