Court : Mumbai Goa
..... 1973 held that dispute filed by the petitioner against respondents 1 and 2 is not a dispute triable under section 91, maharashtra co-operative societies act, and hence the dispute be returned back to the petitioner society for filing before the appropriate court. the learned officer on special duty also ..... transfer of disputes from one co-operative court to another and suspension of proceedings in certain cases. (1) .................................................................................. (2) notwithstanding anything contained in this act, the co-operative court, on an application made to it by any of the parties to the dispute, may, if it thinks fit suspend any proceedings ..... section is mandatory and imperatively requires that the disputes of the nature described in the section are referred to co-operative court ?, constituted under the act. subsection (3) further reinforces the mandatory nature of section 91 by providing for ouster of jurisdiction of the civil court. it lays down .....
Tag this Judgment!Court : Mumbai Goa
..... if the prosecution witnesses in the present case were false, they could have very well manipulated the story by taking the names of particular accused person as having done particular act as both the parties were known to each other. the fact that they have not done so only shows that truthfulness. the plea of alibi taken by accused no. ..... of recovery of sword. he has deposed as follows : on 17/10/2000 he and eknath vengurlekar, working for goa board of secondary and higher secondary education porvorim, acted as panch witnesses at the request of police inspector raikar(pw 21) at about 11.50 hours. accused no.5 rupesh made a disclosure statement that keith d'souza was ..... their signatures were obtained. he has identified his signature on the panchanama which is at exhibit-78. he has also identified the weapons. 56. pw 15 devidas narvekar acted as one of the panch witnesses for panchanama of attachment of clothes of keith d'souza. this panchanama was drawn on 21/10/2000 between 11.15 hours to 12 .....
Tag this Judgment!Court : Mumbai Goa
..... gawas and pw.11-deepak madhukar pednekar are policemen, who were then attached to collem police station. all the above witnesses were examined as eye witnesses. pw.8-dattaram khandeparkar acted as one of the panch witnesses to the panchanama of scene of offence which is at exhibit 90. pw.4-minguel pereira, the draughtsman of pwd drew the sketch of ..... would be relevant only to prove the extent of damages. besides the above, the panchanama of scene of offence was drawn by pw.13 for which pw.8 dattaram khandeparkar acted as one of the panch witnesses. the panchanama is at exhibit 90. the sketch of the scene was drawn by pw.4, which sketch is at exh. 79. the evidence .....
Tag this Judgment!Court : Mumbai Goa
Heard Mr. Menezes, learned Counsel for the appellant and Mr. Coutinho, learned Counsel for the respondent. 2. By this appeal, the appellant who is the 2 complainant in Criminal Case No.71/P/1998/D before the Judicial Magistrate, First Class, Margao takes exception to thejudgment and order of acquittal dated 16/12/2008 passed by learned Judicial Magistrate, First Class, Margao acquitting the respondent/ accused of the offence punishable under Section 500 of I.P.C. 3. The parties shall hereinafter be referred to as per their status before learned Magistrate. 4. The complainant who was employed with Kadamba Transport Corporation as Deputy Finance Controller filed the above criminal case against the accused for having committed offence of defamation punishable under Section 500 of I.P.C. According to the complainant, on 27/03/1996, the accused lodged report with Porvorim Police Station which was registered under Crime No.28/1996 under Sections 419, 420, 468 of I.P.C. against the complainan...
Tag this Judgment!Court : Mumbai Goa
..... by the salesmen of the bottling factory to assist the permanent loaders who were paid on vouchers could not be regarded as employees within the meaning of the act. further, the coolies hired were not any particular individuals but those who were available on the spot at the relevant time. consequently, there was no relationship ..... ; (i) the coolie charges or freight charges and (ii) towards repair and maintenance charges. the respondent challenged the demand by filing application under section 75 of esi act contending that it was not liable to pay any contribution in respect of coolie and freight charges as also the repair and maintenance charges. the esi court, relying ..... on 6th november, 1992. thereafter, notice dated 6th april, 1994 came to be served upon it under section 45-a of employees state insurance act (hereinafter referred to as 'esi act') calling upon it to show cause as to why the contribution as per the statements enclosed therein should not be recovered from it. the respondent .....
Tag this Judgment!Court : Mumbai Goa
..... to the grievances and complaints it did not accept them at face value. it studied the system and analyzed the results. it cannot be said therefore that the state government acted mechanically or under an impulse. 71. in r.v. gaitonde v. state of goa and ors. (supra) the division bench of this court also held :- 8. ..... the contention of mr anthony to the contrary cannot be accepted. 16. an argument of desperation was further advanced about promissory estoppel stopping the state government from acting in the manner it did in not appointing the appellants although their names had been recommended. the notification issued by the board in this case was only an ..... by the gpsc, made by its letter dated 6th march,12. the petitioner in writ petition no. 568 of 2012 obtained information under the right to information act, 2005 which discloses the process leading to the impugned decision. the respondents have at no stage withheld any information from the court. in fact, they have disclosed .....
Tag this Judgment!Court : Mumbai Goa
..... postmortem examination and microscopic examination of the tissues, respectively, the probable cause of death was because of multi-organ failure and septicemia with dic. because of the act of cutting of the whole of the small intestines and removal of same by means of knife, the multiorgan failure and septicemia with dic occurred and samiskha died. ..... there was a direct connection or association between the act and the death and such connection could not be said to be remote merely because death occurred after about 8/9 months. the nature of injuries sustained ..... burden of proof resting on the prosecution was not discharged. in the case of tamil nadu lakshmaiah (supra), the apex court has observed that under the evidence act, the onus of proving any of the exceptions mentioned in chapter iv dealing with general exceptions, lies on the accused though the requisite standard of proof is .....
Tag this Judgment!