Court : Mumbai Goa
..... as already indicated, is not legally obliged to provide if those information falls under the exempted category mentioned in section 8(j) of the act. apart from the registrar of co-operative societies, there may be other public authorities who can access information from a cooperative bank of a private account maintained ..... accounts maintained by the citizens or members in a cooperative bank. only those information which a registrar of cooperative societies can have access under the cooperative societies act from a society could be said to be the information which is held or under the control of public authority . even those information, the registrar, ..... facilities is carried out by the state government . the respondent no. 4 has rightly held that the petitioner is public authority under the r.t.i. act. the petition deserves to be rejected. 6. mr. rodrigues, learned counsel for the petitioner, pointed out from the impugned order that admittedly the petitioner society does .....
Tag this Judgment!Court : Mumbai Goa
..... submitted that no straight jacket formula can be prescribed for determining reasonable time within which the corporation can claim compliance and the contributions under the act. it is submitted that as held by the hon'ble supreme court in the case of santha kumar (supra), the same would depend upon the facts ..... the company could have destroyed the record pertaining to the period starting from the year 1977. the learned senior counsel has submitted that the provisions of the act of 1948 are beneficial in nature, aimed at securing various benefits to the employees of the factories and establishments as mentioned thereunder. the learned senior counsel has ..... administrative work is carried out, is distinct from the operations of the mines. as such, the respondent did not register the same under the provisions of the act of 1948. 4. the appellant, by a letter dated 03/04/1996, sought details from the respondent, claiming that the administrative office from where the business or .....
Tag this Judgment!Court : Mumbai Goa
..... thereby confirming an order dated 6/07/2013 passed by the learned arbitrator upholding an objection raised under section 16(2) of the arbitration and conciliation act, 1996 ('the act', for short) and thereby rejecting the claim filed by the petitioners. 2. the facts necessary for the disposal of the petition may be stated thus ..... two arbitrators appointing an umpire. as the respondents failed to nominate their arbitrator, the petitioners filed arbitration application no.4/2007 under section 11 of the act for appointment of an arbitrator which was rejected by this court on 19/03/2008 being premature, inasmuch as the sha contemplated the parties going for ..... by the courts below. it is submitted that there is a jurisdictional error committed by the learned arbitrator in assuming jurisdiction under section 16 of the act when none existed. the learned principal district judge also failed to correct the jurisdictional error committed by the learned arbitrator and went upon giving a finding .....
Tag this Judgment!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
..... 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
..... the written synopsis placed on record, submitted that the document in question was inadequately stamped and was liable to be impounded in terms of section 35 of the stamp act, 1899. he placed reliance in pemmada prabhakar and another vs. youngmens vysya association and others [2015(5) scc 355], bhawana arbind bapat(smt.) and another vs ..... equity between the parties. in a suit for specific performance, the court is vested with wide discretionary powers in terms of section 20 of the specific relief act. this discretion has to be exercised in accordance with the settled principles governing the subject and cannot be exercised arbitrarily. this principle would also be of help ..... to disentitle them to the equitable relief of injunction. 27. shri a.f. diniz, learned advocate for the defendants also adverted to section 46 of the contract act, 1872 which deals with the time for performance of the promise, where no application is to be made and no time is specified requiring that engagement must be .....
Tag this Judgment!Court : Mumbai Goa
..... 241; kumari kiran v/s. sajjan singh (2015) 1 scc 539; smt. sarla verma and others v/s. delhi transport corporation and another, (2009) 6 scc 121; and seema ganesgh uikey v/s. state of maharashtra and others, 2005 (4) mhlj 559. 11. on the contrary, it is submitted by shri ramani, the learned counsel for the respondent ..... p.a. on the sum of rs.5,28,209/-. this was inclusive of the compensation of rs.25,000/- granted under section 140 of the motor vehicles act, 1988 (the act, for short). 6. it appears that after the passing of the said award, the respondent no. 1 obtained information from under secretary legislature department, government of goa, ..... . 3. even otherwise, having regard to the limited defences available to the insurance company, particularly in the absence of any leave being granted under section 170 of the act (as the owner of the vehicle was a contesting party), the appellant cannot conceivably challenge the issue of negligence. thus, the issue involved in the present appeal is .....
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