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
..... 6. re:- question (a) (i) for proper appreciation of the controversy, it may be necessary to reproduce clause (c) of explanation to section 115ja(2) of the act as in force during the subject assessment year: section 115ja.- deemed income relating to certain companies. explanation. - for the purposes of this section, book profit means the net profit ..... namely addition on account of provision of doubtful debts to revise book profits and also imposition of interest under section 234b and 234c of the act, the respondent assessee filed an appeal to commissioner of income tax (appeals) (cit(a)). by an order dated 23/02/2001, the cit(a) upheld the ..... profits, to compute the income at rs.2.76 crores. besides, as the respondent assessee had not computed advance tax, interest under sections 234b and 234c of the act was also imposed aggregating to rs.30.71 lakhs, while computing the amount payable to the revenue by the respondent assessee. 4. being aggrieved, on both counts, .....
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
..... . in the case of ishwar chandra (supra), the motor accident had occurred after deemed 30 days grace period provided for under proviso to section 15(1) of the act, after expiry of licence but before renewal application had been filed. considering the judgment in the case of swaran singh (supra), and the judgment in the case of national ..... the policy conditions would apply the rule of main purpose and the concept of fundamental breach to allow defences available to the insurer under section 149(2) of the act. insurer may escape liability only if it can make out a case of willful infringement or violation of policy by insured, by cogent evidence, if it is ..... observed thus: 110. the summary of our findings to the various issues as raised in these petitions is as follows: (i) chapter xi of the motor vehicles act, 1988 providing compulsory insurance of vehicles against third-party risks is a social welfare legislation to extend relief by compensation to victims of accidents caused by use of motor .....
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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..... 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
..... 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
..... insurer was, impleaded before the tribunal by the claimants themselves, as party-respondent. it had not filed any application under section 170(b) of the m. v. act before the tribunal, but was permitted to contest the petition on merits. hence, the first and the foremost question that arises for determination is whether the respondent no. ..... of nicolletta rohtagi? (supra), held that the insurance company could not have challenged the finding without obtaining permission as required under section 170(b) of the m. v. act, to avail the defence of the insured to contest the case. further, in the case of josphine james? (supra), also, the insurer was impleaded before the tribunal ..... it follows that in the present case, since the respondent no. 3-insurance company had not obtained permission as required under section 170(b) of the m. v. act, to avail the defence of the insured to contest the case, it could not have challenged the findings, on merits. hence, the appeal is not maintainable. 21. .....
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
..... 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. .....
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