Court : Mumbai Goa
..... of any finance; (b) has his or its principal place of such business in the state, and includes a pawnbroker but does not include - (i) government, (ii) a local authority, (iii) a bank, (iv) the agricultural refinance corporation constituted under the agricultural refinance (and development) corporation act, 1963 (central act 10 of 1963) or (v) any other banking, financial ..... advanced by a co-operative society; (vi) an advance made to a subscriber to, or a depositor, in a provident fund, from the amount standing to his credit in the fund in accordance with the rules of the fund; (vii) a loan to or by an insurance company as defined in the insurance act, 1938 (central ..... by him and was duly received by the accused, while giving the finding in paragraph 21, she gave the finding in favour of the complainant. 7. as stated above, the complainant examined himself and produced several documents in support of his case. according to the complainant, the complainant had issued notice dated 18/05/2009 .....
Tag this Judgment!Court : Mumbai Goa
..... of any finance; (b) has his or its principal place of such business in the state, and includes a pawnbroker but does not include - (i) government, (ii) a local authority, (iii) a bank, (iv) the agricultural refinance corporation constituted under the agricultural refinance (and development) corporation act, 1963 (central act 10 of 1963) or (v) any other banking, financial ..... advanced by a co-operative society; (vi) an advance made to a subscriber to, or a depositor, in a provident fund, from the amount standing to his credit in the fund in accordance with the rules of the fund; (vii) a loan to or by an insurance company as defined in the insurance act, 1938 (central ..... by him and was duly received by the accused, while giving the finding in paragraph 21, she gave the finding in favour of the complainant. 7. as stated above, the complainant examined himself and produced several documents in support of his case. according to the complainant, the complainant had issued notice dated 18/05/2009 .....
Tag this Judgment!Court : Mumbai Goa
..... , therefore, urged that the petition be dismissed. 11. i have given my anxious consideration to the rival circumstances and the submissions made. 12. at the outset, it is necessary to state that exercise of the supervisory jurisdiction under article 227 of the constitution of india is to ensure that the courts and tribunals below act within the bounds of their authority ..... in para 6 of the impugned order. it is submitted that the petitioner was given an opportunity to file a detailed statement showing the payment of rent and it was stated on behalf of the petitioner that he does not wish to file anything. it is thus, submitted that the ground about absence of an opportunity is without any basis. the .....
Tag this Judgment!Court : Mumbai Goa
..... for the construction of the said project. 12. i say that section 79 of the aircraft rules, 1939 provides that the central government, the state government or any body corporate, a registered society or even a private individual being a citizen of india can own and operate an aerodrome provided he obtains license for the ..... kilometer as a buffer zone from the outer periphery of the village in order to maintain a ''green area'' towards preservation of land for grazing of cattle, agricultural operation, etc. the court, however, directed that in future, before acquisition of lands for development, the kiadb must properly comprehend the consequence and adverse impact ..... of land and admeasuring around 74,99,490 sq.mtrs stretching over seven (7) villages in pernem taluka is proposed to be compulsorily acquired. the land is agricultural in nature. the land comprises of paddy field, cashew plantation, areca nuts and coconut plantation (kulagars) and other fruit bearing orchids and forest land. besides .....
Tag this Judgment!Court : Mumbai Goa
..... sawant and karapurkar committee. learned counsel for the petitioners, therefore, urged that the non-grant of noc by respondent no.3 for conversion of land from agricultural to non-agricultural purposes is arbitrary and illegal and therefore, the petitioners are entitled to the reliefs as claimed for. 12. learned counsel, appearing on behalf of the ..... of quantum of area identified as forest in various blocks of survey numbers. according to her, however, contrary to the above high court directions, the state government decided to re-identify the survey numbers already identified as forest by sawant and karapurkar committees and then to declare many of them as non-forest. ..... of karapurkar committee development of land in the lower parts of the land bearing p.t. sheets number mentioned therein would be permissible since those areas are stated to be non-forest. she, however, submitted that the said developed area will have to be first separated from the natural forest portion by carrying out .....
Tag this Judgment!Court : Mumbai Goa
..... section shall not apply in relation to any co-operative bank other than a primary agricultural credit society or a primary co-operative agricultural and rural development bank. explanation for the purposes of this sub-section, - (a) co-operative bank and primary agricultural credit society shall have the meanings respectively assigned to them in part v of the banking ..... co-operative bank as a member by reason of such co-operative bank subscribing to the share capital of such co-operative society out of finds provided by the state government for the purpose. 6. mr. chythanya k. k., the learned counsel for the appellant in support of the appeals submits as under: (a) the ..... act, 1949. a cooperative bank is defined in section 5(cci) of banking regulation act to mean a state co-operative bank, a central cooperative bank and a primary cooperative bank. admittedly, the appellant is not a state cooperative bank, a central co-operative bank. thus what has to be examined is whether the appellant is .....
Tag this Judgment!Court : Mumbai Goa
..... point the employees also need to be heard. in the case reported as (2009) 9 scc 485 (fertilizers and chemicals travancore limited versus regional director, employees state insurance corporation and ors. apex court has laid down that in such a case it is always desirable that the employees are heard. in view of aforesaid circumstances and only ..... extending the benefits of the act. on this point the case reported as 1987 (2) scr 377 (hindu jea band, jaipur v/s. regional director, employees' state insurance corporation, jaipur etc.) can also be referred. 36. on the aforesaid point, the decision of supreme court given in civil appeal no.3508 of 1996 on 2/02/ ..... is expected to make out case that it is excluded from the provisions. 16. section 1(5) of esi act shows that the act can be made applicable by appropriate government to other establishments which may be industrial, commercial, agricultural or otherwise. section 1(6) of the act shows that once the act becomes applicable, it shall continue .....
Tag this Judgment!Court : Mumbai Goa
..... initially forming part of the company petition, but would also include, such continuing cause of siphoning off funds and diversion of business. (v) a company is a corporate personality, formed normally to foster economic growth of the country. the provisions of sections 397 and 398 are a step towards ensuring that the companies formed for this purpose ..... bisht, reported in (2010)12 scc 204, in which the hon'ble supreme court had applied c.p.c. to writ petition although section 141 in terms states that the code shall not apply to petitions under article 226 of the constitution of india. it is submitted that while the regulations do not provide for application of ..... and connected questions of law and as such, they are being disposed of by this common judgment. 6. the facts, necessary for the disposal of the appeals, may be stated thus : sociedade de fomento industrial private ltd. (sfipl) is a company incorporated under the act. the said company was promoted by late shri modu timblo (mt) in .....
Tag this Judgment!Court : Mumbai Goa
..... absence of written contract or local usage - (1) in the absence of a contract or local law or usage to the contrary, a lease of immoveable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice; ..... registered instrument, such instrument or, where there are more instruments than one, each such instrument shall be executed by both the lessor and the lessee: provided that the state government may, from time to time, by notification in the official gazette, direct that leases of immoveable property, other than leases from year to year, or for ..... scc 104]. :- 52. we are unable to uphold this contention for a number of reasons. prior to the enactment of the rent control act by the various state legislatures, the legal relationship between the landlord and tenant was governed by the provisions of the transfer of property act. delhi rent control act provided protection to the tenant .....
Tag this Judgment!Court : Mumbai Goa
..... deceased had assaulted the accused. learned public prosecutor contended that since the evidence on record is unshaken and strong, explanation of injuries on the accused is irrelevant. he relied upon state of u. p. vs m. k. anthony (air 1985 sc 48), with regard to the appreciation of evidence, in criminal trials. he contended that even if the ..... already undergone by the accused no. 1 would be sufficient punishment for him. 10. per contra, mr. s. r. rivonkar, learned public prosecutor, on behalf of the state, submitted with some vehemence that this is a clear cut case of murder and that there is element of taking revenge by the accused against the staff of the shack ..... of his contention that the alleged extra judicial confession made by the accused before the doctor is not reliable. he has relied upon mohan rai, bharat rai vs. the state of bihar , (1968 cr.l.j. 1479), in support of his claim that failure of the prosecution to offer explanation regarding the injuries sustained by the accused .....
Tag this Judgment!