Court : Mumbai Goa
..... (37 of 1954) and the rules made there under shall apply: provided further that nothing in this sub-clause shall apply in case of packages containing seeds which are labelled and certified under the provisions of the seeds act, 1966 (54 of 1966) and the rules made there under: provided that a manufacturer may indicate the month and year using a rubber stamp without overwriting: provided also that for packages ..... from personal knowledge or otherwise, that any weight or measure or other goods in relation to which any trade and commerce has taken place or is intended to take place and in respect of which an offence punishable under this act appears to have been, or is likely to be, committed are either kept or concealed in any premises or are in the course of transportation,- (a) enter at any reasonable time into any such premises and search for and inspect ..... (b) seize any weight, measure or other goods and any record, register or other document or article which he has reason to believe may furnish evidence indicating that an offence punishable under this act has been, or is likely to be, committed in the course of, or in relation to, any trade and commerce. ..... food articles, the provisions of this sub-rule shall not apply, and instead, the requirement of the prevention of food adulteration act, 1954 (37 of 1954) and the rules made there-under shall apply. ................................................................ ................................................................ .....
Tag this Judgment!Court : Mumbai Goa
..... division benches of this court and other high courts, to which a reference has been made, yet, finding that the legislations in the field have undergone a definite change with the airport authority of india act, 1994 being enacted and amended, which is a development subsequent to the decision in nandkumars case (supra), we are of the opinion that in the present facts and circumstances, we cannot strike down the ..... as under: 2(b) airport means a landing and taking off area for aircrafts,usually with runways and aircraft maintenance and passenger facilities and includes aerodromes as defined in clause (2) of section 2 of the aircraft act, 1934 (22 of 1934); 2(c) airstrip means an area used or intended to be used for the landing and take-off of aircrafts with short take-off and landing characteristics and includes all buildings and ..... rule partially absolute in the above petitions is concerned, we direct that in terms of the undertaking given by the state, it will give a hearing under section 5-a of the l.a act read with the goa, daman and diu land acquisition rules, 1972 within a period of thirty days from the date of receipt of copy of this order. ..... of mr.sonak if the term for the purpose of the union is to be read together with this entry, as the expression appropriate government as defined in the l.a act can be construed and interpreted only with the aid of these entries, then, it is evident that there is no corresponding entry to the same in either the state list or .....
Tag this Judgment!Court : Mumbai Goa
..... as has been held by the first appellate court, in terms of section 20 of the said act, where there is an unconditional contract for the sale of specific goods in a deliverable state, the property in the goods passes to the buyer when the contract is made, and it is immaterial whether the time of payment of the price ..... the term passing of the property stipulated under section 55 of the act is an abstract term and does not mean actual delivery of the goods. ..... - (1) the seller of goods is deemed to be an" unpaid seller" within the meaning of this act- (a) when the whole of the price has not been paid or tendered; (b) whena bill of exchange or other negotiable instrument has been received as conditional payment, and the condition on which it was received has not ..... also argued that the rights of the unpaid seller mentioned in section 46 of the said act are not in derogation of section 55 but are in addition to the same. ..... submitted that unpaid seller is defined under section 45 of the said act and the rights of unpaid seller are enumerated in section 46 thereof. ..... only means that the plaintiff did not want to exercise his right under section 46 of the said act, but wanted to sue for price of the said equipment. ..... according to learned senior counsel, section 55 of the said act would be applicable and the plaintiff had to ask for damages for ..... he read section 19 of the sale of goods act, 1930 (henceforth referred to as said act) and argued that the same pertains to the sale of specific or .....
Tag this Judgment!Court : Mumbai Goa
..... the code of civil procedure, 1908, applicable to appeals from original decrees, and notwithstanding anything to the contrary in any enactment for the time being in force, an appeal shall only lie in any proceedings under this act to the high court from the award, or from any part of the award of the court and from any decree of the high court passed on such appeal as aforesaid an appeal shall lie to the supreme court ..... can be no dispute in respect of the principal laid down in the case of jacinto minguel de quadros barretto (supra), that the proceedings in reference under section 30 of the act are in the nature of interpleader's suit and parties are required to plead their case and lead evidence in support of the cases. ..... and others [(2004) 10 scc 126], he argued that in terms of sections 42 and 43 of the evidence act, if a judgment, though not inter parties, is sought to be relied on not as precedent but as a piece of evidence, it should be tendered in as ..... made reference under section 30 of the land acquisition act, 1894 (the act, for short) which gave rise to the said l. ..... in terms of sections 56 and 57 of the evidence act, court can take judicial notice of the judgments, though not of the statement of facts ..... under section 40 of the evidence act, previous judgments are admissible in support of a plea of res judicata in civil ..... counsel for sanyogita rane group, invited my attention to section 53 of the act which provides that the code of civil procedure is applicable to the act. .....
Tag this Judgment!Court : Mumbai Goa
..... learned senior counsel further pointed out that it is well settled that a declaration under section 34 of the specific relief act, is discretionary and, considering that there is no cogent and conclusive evidence adduced by the appellants to establish their ownership over the suit property, the question of any declaration as sought by the appellants would not arise. ..... the lower appellate court has rightly held that a declaration under section 34 of the specific relief act 1963 is a discretionary relief and such declaration cannot be claimed as a matter of right unless there is cogent and conclusive evidence to substantiate such claim of the appellants. 14. ..... but, however, taking note of the fact that a declaration under section 34 of the specific relief act, is a discretionary relief and no further relief has been sought, i find that the lower appellate court was justified to come to the conclusion that there was no direct conclusive and clinching evidence to establish their ownership of .....
Tag this Judgment!Court : Mumbai Goa
..... the suit, the respondents have repudiated the agreement and, as such, the counter claim filed by the respondents within the period of two years is within the time prescribed under article 54 of the limitation act 1963 and, as such, the question of holding that the counter claim filed by the appellants is time barred is not justified. ..... and there is nothing pointed out to show that prior to the filing of the suit by the respondents in the year 1980, the respondent no.1 refused to perform the agreement and, as such, in view of article 54 of the limitation act, the period of three years would be from the date of refusal of performing the agreement. ..... , the question of claiming advantage of the provisions of section 53-a of the transfer of property act and claim part performance of the agreement on such count cannot be accepted. ..... counsel further pointed out that once the purchaser has been put in possession of the property in part performance of the agreement under section 53-a of the transfer of property act, there is no period of limitation specified in law to file a suit for specific performance. ..... 303, observed: "plea under section 53-a of the transfer of property act raises a mixed question of law and fact and therefore cannot be permitted to be urged for the first time at the stage of ..... considering the said provisions of the limitation act, such suit for specific performance is to be filed within a period of three years from the date the respondents have refused performance of .....
Tag this Judgment!Court : Mumbai Goa
..... the learned counsel, as such, submits that the petitioner has made out a case for issuing notice in form a under the contempt of courts act against the respondents. 4. ..... the learned counsel pointed out that it is a serious matter that the respondents have committed a contempt and, as such, they should be prosecuted under the provisions of contempt of courts act. .....
Tag this Judgment!Court : Mumbai Goa
..... counsel has thereafter taken me through the notice dated 01.11.2007 and pointed out that the said notice was received by the petitioners on 07.11.2007 and, considering the provisions of section 19(2) of the act, the said period elapsed on 07.01.2008 which is prior to the validity of the agreement which was in force upto 31.01.2008. ..... senior counsel appearing for the petitioners has assailed the impugned order essentially on the ground that under the provisions of section 19(2) of the act, it is mandatory for the respondents to serve a notice of two months in order to show their intention of terminating a settlement. ..... accordingly, this notice is hereby given to you under the industrial disputes act and the rules made there under that the said settlement shall stand terminated on and from 31st january, 2008 and a fresh character of demands shall be presented to you well in advance to ..... the order dated 13.03.2012 passed by the learned industrial tribunal whereby the preliminary issue raised by the petitioners to the effect that no appropriate notice under section 19(2) of industrial disputes act, 1947, (for short 'the act'), served on the petitioners to terminate the settlement came to be rejected. 3. ..... at para 11 thus: in our opinion this contention does not require consideration in view of the finding recorded by the learned judges of division bench of the high court that the letter dated november 24, 1966 was a notice under section 19(6) as well as under section 19(2) of the act. .....
Tag this Judgment!Court : Mumbai Goa
..... this court expanded the scope and ambit of the right to life and personal liberty enshrined in article 21 and sowed the seed for future development of the law enlarging this most fundamental of fundamental rights. ..... ..... in that case the petitioner had challenged his detention under cofeposa act and an argument was advanced challenging the constitutional validity of certain clauses of the detention order. ..... it is his case that the respondent police station moved an application before the learned chief judicial magistrate, panaji, and that by order dated 28.06.2011, the learned chief judicial magistrate acting on the statement recorded by the spl. .....
Tag this Judgment!Court : Mumbai Goa
..... learned additional public prosecutor further submitted that this is not a fit case in which benefit of section 4 of the probation of offenders act, 1958 deserves to be granted to the accused considering the fact that both the accused have taken advantage of the minority of the victim girls and have committed the offence of ..... de sa further submitted that considering the facts and circumstances of the case, benefit of section 4 of the probation of offenders act, 1958 deserves to be granted to both the accused inasmuch as the evidence itself suggests that both the accused did not misbehave with ..... conviction of the accused under section 8(1) of the goa children's act is absolutely not sustainable in law and is hereby set aside. ..... that the offence under section 8(1) of the goa children's act is clearly not made out against the accused. ..... facts and circumstances of the case, in my considered opinion, this is not a fit case in which benefit of section 4 of probation of offenders act, 1958 deserves to be given to the appellants/ accused. 29. ..... perusal of section 8(1) of the goa children's act, it is evident that section 8(1) is not ..... read with section 8(1) of the goa children's act, 2003 and sentenced each one of them to suffer simple imprisonment for three months and to pay fine of rs.5,000/- and in default, to undergo one ..... and section 8 (1) of the goa children's act, 2003 accordingly, charge was framed against both the accused for the offences punishable under section 363 read with section .....
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