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
..... 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
..... 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
..... 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
..... 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
..... 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
..... and licence of the chief town planner of the town and country planning department, respondent no.4, (tp) under section 44 of the town and country planning act, 1974 (tp act) and the village panchayat curea, bambolim and talaolim, tiswadi, goa, respondent no.2, (vp) under regulation 83 of the goa, daman and diu village panchayats ..... with such deviations are submitted and obtained, the approval prior to the occupancy of the building. 2) the authority may subject to the provisions of the act, revoke any permission given under these regulations if it is found that subsequent major deviations have taken place during development and proper permission for these changes ..... before the area was declared a planned area was repelled. consequently it was held at page 202 of the judgment that permission under section 44 of the tp act was required in addition to the permission required under any other law which prevailed at the relevant time for ongoing construction?. such permission could be modified .....
Tag this Judgment!Court : Mumbai Goa
..... ('trial court') in the said case. the accused was tried for the offence punishable under section 20(b)(ii)(c) of the narcotic drugs and psychotropic substances act, 1985 ('ndps act'). 3. case of the prosecution was as under: police inspector ashish shirodkar (pw8), then attached to anti narcotic cell police station, panaji, goa, on 05 ..... submitted that the learned special court has rightly considered this aspect. 15. learned trial court, while considering the question of sections 42 and 43 of the ndps act, referred to various judgments and found that the observations of the hon'ble supreme court in paragraph 6 in the case of ravindran alias john vs. superintendent ..... on completion of investigation, charge sheet was filed against the accused before the learned special judge for offence punishable under section 20(b)(ii)(c) of ndps act. 4. charge was accordingly framed by the trial court and explained to the accused who pleaded not guilty and claimed to be tried. the prosecution examined .....
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
..... 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 .....
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