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
..... 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
..... 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 .....
Tag this Judgment!Court : Mumbai Goa
..... class at margao in criminal case no.209/oa/nia/2010/d convicting the petitioner for the offence punishable under section 138 of the negotiable instruments act 1881 (the act for short) and the consequent sentence of simple imprisonment for six months and for payment of compensation of rs.1.5 crores has been confirmed. ..... 51 has been voluntarily produced by pw1, tabrej and necessary averments have been made in the complaint with regard to ingredients of section 138 of negotiable instruments act. the contention of learned advocate dinesh naik that there is evidence beyond avermnets which cannot be considered, cannot be accepted. the demand draft has been exhibited ..... hence the respondent issued a notice dated 22/7/2010, which was returned unclaimed. this led the respondent to file a complaint under section 138 of the act against the petitioner. 3. at the trial the respondent examined shri tabrej hinglajkar, pw1. and produced certain documents on record. the petitioner did not examine herself .....
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. .....
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 .....
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