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
..... sentence for murder imposed by the trial court cannot be sustained. 48. as has been rightly held by the learned trial judge, the evidence on record duly proves the act of the accused of destroying evidence of offence by burying the dead body of the deceased in the trench and making false statement about suicide being committed by her. the ..... of himachal pradesh vs. jeet singh, (1999 cri. l.j 2025), wherein the hon'ble apex court has held that there is nothing in section 27 of the evidence act which renders the evidence of the accused inadmissible if recovery of the articles was made from any place which is open and accessible to others. the learned trial judge has ..... is one of the panch witnesses to the said recovery panchanama at the instance of the accused. he has stated that on 12/3/2006, he along with sushma fernandes acted as pancha to the said panchanama. according to p.w. 12, the accused disclosed in konkani language that he would show the wooden danda, shirt and spade and .....
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
..... 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
..... 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
..... doubtful or illegal. ...? 14. in light of these extracts, we are in agreement with the respondent-claimant that the presumption mandated by section 139 of the act does indeed include the existence of a legally enforceable debt or liability. to that extent, the impugned observations in krishna janardhan bhat (supra) may not be correct ..... the offence punishable under section 138 of the negotiable instruments act. hence, this appeal. 3. learned counsel for the original complainant/appellant has submitted that the learned judge while appreciating the evidence on the point ..... notice. the original complainant thereafter lodged criminal case in the court of judicial magistrate first class, panaji, goa under section 138 of the negotiable instruments act. the said case was tried by the learned magistrate and it was concluded in dismissal of the said complaint and the respondent/accused was acquitted from .....
Tag this Judgment!Court : Mumbai Goa
..... annum from the date of the application till the date of the award. the tribunal directed that the amount received by the claimants under section 140 of the motor vehicles act, 1988, shall be adjusted while paying the amount of compensation. 2. the appeal is filed by the national insurance company limited. the claimants, owner and driver of the vehicle which .....
Tag this Judgment!Court : Mumbai Goa
..... negligence. it is held that whichever party could have avoided the consequence of the others' negligence would be liable for the accident. if a person's negligent act or omission was a proximate and immediate cause of death, the fact that the person suffering injury was himself negligent and also contributed to the accident and the other ..... sustained injuries. he submitted that the guilt of the claimant was admitted by him before the police and had compounded the offence under section 184 of the m. v. act and had paid rs. 800/-, towards compounding fees. according to learned counsel, therefore, the claimant could not have been held to be entitled to any compensation. he ..... to as per their status in the claim petition. 4. the claimant had filed the said petition under section 166 of the motor vehicles ac, 1988 ('m.v. act' for short) for compensation of rs. 3,00,000/- on the account grievous injuries sustained by him in a motor vehicular accident which injuries resulted in permanent disability. .....
Tag this Judgment!Court : Mumbai Goa
..... however, the respondents no. 1 and 2 could defeat the claim of compensation made by the claimants by establishing that the accident in question had occurred due to wrongful act, neglect or default of the deceased himself. 16. the first question, therefore, which arises for determination is whether the respondents no. 1 and 2 proved that ..... national insurance company limited vs. sinitha and others? (supra), the issue was whether the claim for compensation made under section 163-a of the m.v. act can be defeated either by the owner or insurance company by pleading and by establishing that the accident in question was based on the contributory negligence of the offending ..... awarding compensation on the basis of structured formula under second schedule. therefore, in terms of the said structured formula under section 163-a of the m. v. act, given in the second schedule, the multiplier of 16 was taken to be appropriate multiplier. the tribunal held that the monthly income of the deceased was rs. .....
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