Court : Mumbai Goa
..... . he invited my attention to the provisions of sections 91 and 92 of the evidence act and urged that these provisions are complete answer to the suit ..... . but, the suit was filed in february 1986, only for permanent and mandatory injunction ..... . nagnoo [(1986) 0 air (hp) 10], relied upon by the learned counsel for the defendants, in the written statement, the defendants had alleged that a private partition had taken place about 47 years back, but no deed of partition was produced by ..... . the plaintiffs are acting on assumptions and conjectures and are not entitled to any reliefs. 7 ..... . (b) section 92 of the evidence act provides as under: 92 ..... . (a) section 91 of the evidence act provides as under: 91 ..... . [(1986) 0 air (hp) 10] (d) p ..... submitted that the first appellate court did not consider the arrangement between the parties; unchallenged survey records; the presumptions under section 105 of the land revenue code and section 114 of the evidence act and the principle of estoppel under section 115 of the evidence act ..... . 39/1986/c was dismissed. 11 ..... 39/1986/c, has been quashed and set aside. 3. ..... . according to him, the impugned judgment conflicts with the mandate of sections 38 and 39 of the specific relief act .....
Tag this Judgment!Court : Mumbai Goa
..... been held that a relationship in the nature of marriage is akin to a common law marriage which requires, in addition to proof of the fact that parties had lived together in a shared household as defined in section 2(s) of the domestic violence act, the following conditions to be satisfied: (a) the couple must hold themselves out to society as being akin to spouses; (b) they must be of legal age to marry; (c) they must be otherwise qualified to enter into a legal marriage, including ..... the learned sessions judge having accepted the position that the requirement for invoking the provisions of the said act is that the aggrieved person and the respondent must either be living in the shared household or must have, at any point of time, in the past, lived together therein, but has ..... in the prescribed form i and ii under section 12 of the protection of women from domestic violence act, 2005 ('the domestic violence act', for short) alleging domestic violence and sought protection order as also monetary benefits by way of maintenance ..... relationship as well as the past relationship and cannot be restricted to only the existing relationship as otherwise the very intent and purpose of enacting the said act would be lost as it then would protect only an aggrieved person who is having an existing relationship by consanguinity, marriage, etc. ..... articles 1056 to 1074, 1083 to 1095 and 1184 to 1188 and 1192 of the civil code and any legislation to the contrary are hereby substituted and repealed. .....
Tag this Judgment!Court : Mumbai Goa
..... the learned counsel has thereafter taken us through the different provisions of the marine insurance act, 1963 and pointed out the meaning of the words sue and labour and salvage expenses and submitted that the alleged expenses claimed by the appellant do not come within the scope of sue and ..... stranding, and every species of damage to the ship or goods at sea by the violent and immediate action of the winds and waves, not comprehended in the ordinary wear and tear of the voyage or directly referable to the acts and negligence of the assures as its proximate cause. ..... section 55 of the said act deals with included and excluded losses and the provision reads as follows : included and excluded losses : *subject to the provisions of this act, and unless the policy otherwise provides, the insurer is liable for any loss proximately caused by a peril insured against, but, subject as aforesaid, he is not liable for any loss which is not proximately caused by a peril ..... section 2(e) of the marine insurance act, 1963 reads as follows : maritime perils ..... lavigne, 1986, is also not applicable to the case as the vessel therein was lost on account of the storm which is not the situation in the present case ..... section 65 of the said act further provides that when there is a constructive total loss, the assured may either treat the loss as a partial loss or abandon the subject matter insured to the insurer and he must give a notice of abandonment and if ..... 56, 57 and 60 of the said act, reads thus : "56. .....
Tag this Judgment!Court : Mumbai Goa
..... upon obtaining the said order, the petitioners submitted along with the order and the approved plan, an application for grant of construction licence to the margao municipal council under the provisions of municipalities act, which authority, upon scrutiny of the said plan submitted along with the application and on inspection of site, granted a licence to the petitioners on 24/02/2011 for construction of the building in terms of the plan approved by the respondent ..... a copy of the said letter dated 10-02-2009 was also annexed to the show cause notice stating that the chief officer of margao municipal council gave information under right to information act, 2005, wherein it stated that the tarred road which is depicted in the plan at annexure-d in yellow shading was existing and being used by public, and maintained by ..... 238 (unsold portion), wherein it is stated that although the vendors had applied for the requisite permission under section 49(6) of the goa town and country planning act, 1974 for registering the sale deed in respect of sold portion as also the unsold portion, the requisite permission in respect of unsold portion was not forthcoming ..... addition the petitioners annexed a letter from the inspector of surveys and land records dated 23-05-2011 addressed to the said sunil krishnanath naik under right to information act wherein it was certified by the inspector of surveys and land records that the nallah shown through the petitioners' property belonged to the petitioners. .....
Tag this Judgment!Court : Mumbai Goa
..... pw7, shri agnelo d'costa acted as one of the panch witnesses for the inquest panchanama conducted on the dead body of the deceased benedito fernandes. ..... pw1, shri pedru fernandes acted as one of the panch witnesses for the panchanama of scene of accident and sketch, which were drawn on 22/04/2006 at nova bazaar, macazana. ..... the death was a direct consequence of the rash and negligent act of the accused. 18. .....
Tag this Judgment!Court : Mumbai Goa
..... he submitted that article 18 of the limitation act was not applicable and that it was article 55 which was applicable. ..... , out of their money and completed the construction work by september 1986. .....
Tag this Judgment!Court : Mumbai Goa
..... action for filing the present suit arose for the first time when in or about the month of april 2000, some of the plaintiffs received the notice under section 12 (2) of the land acquisition act 1894 from which it was merely learnt that the defendant no.6 was also a claimant to the compensation awarded by the special land acquisition officer on account of a part of the land of the ..... of the execution of the deed of mortgage on its registration on 1/10/1991 and if they have not taken any steps to obtain the knowledge of the mortgage deed, then they have acted with wilful abstention and gross negligence and therefore, they are not entitled to contend that they were not having the knowledge about the execution of the deed of mortgage and the suit ..... the date of registration or, where the property is not all situated in one sub-district, or where the registered instrument has been registered under sub-section (2) of section 30 of the indian registration act, 1908, from the earliest date on which any memorandum of such registered instrument has been filed by any sub-registrar within whose sub-district any part of the property which is being acquired, or ..... have given the details as to when the cause of action has arisen and have referred to the notice received by them under section 12 (2) of the land acquisition act 1894, about the receipt of the copies of the documents demanded by them and about issuance of the legal notices, the plaintiffs are silent and have not made any averment .....
Tag this Judgment!Court : Mumbai Goa
..... a perusal of the evidence of pw2, shri satya prakash kandu, who acted as one of the panch witnesses for the panchanama of the scene of accident and sketch(exhibit 12-colly) and the said panchanama and sketch, revealed that the mini bus was proceeding from chikalim towards ..... a part, the court may, when passing judgment, order the accused person to pay, by way of compensation, such amount as may be specified in the order to the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced. ..... it is not the speed alone which is decisive factor but the prosecution is obliged to prove rash and negligent act of the driver of offending vehicle by a cogent and reliable evidence. .....
Tag this Judgment!Court : Mumbai Goa
..... [chairperson], supervise the financial and executive administration of the council and exercise such powers and perform such duties and functions as may be conferred or imposed upon him or allotted to him by or under this act; (b) take steps to give effect to all the decisions or resolutions of the council; (c) cause to be maintained and supervise the accounts and registers of the council; (d) subject to the orders of ..... chief officer may, with the sanction of the council, delegate any of the powers or duties or functions conferred or imposed upon or allotted to him by or under this act, to any municipal officer or servant: provided that such delegation shall be subject to such limitations, if any, as may be prescribed by the council and also to the ..... cases of fraud, embezzlement, theft or loss of municipal money and property; (g) exercise supervision and control over the acts and proceedings of all the officers and servants of the council; (h) subject to the rules, bye-laws and general or special orders made under this act, dispose of all questions such as the pay and allowances, leave and other privileges in respect of the officers ..... construction site, situated in survey nos 26/2, 26/3 and 26/4 of chaudi, canacona, constructed the same or acted in so rash and negligent manner, endangering human life and personal safety of others and having knowledge that such act may take lives of others, which building collapsed on 04/01/2014 causing death of 31 construction workers and causing .....
Tag this Judgment!Court : Mumbai Goa
..... parties to act on duly authenticated copy of the judgment.
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