Judgements

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By admin Judgements

Chapter IX of the Bharatiya Nagarik Suraksha Sanhita, 2023 (the BNSS), Section 126 r/w Section 130 – The Magistrate to set forth the substance of the information received and his opinion that there is sufficient ground for proceeding in the matter. The order under Section 130 of BNSS is sine qua non for assuming jurisdiction to proceed with the powers conferred under Section 126 of the BNSS. Therefore, the order as contemplated under Section 130 of the BNSS cannot be mechanical.

IN THE HIGH COURT OF BOMBAY AT GOA   CRI.W.P. NO. 50 OF 2026, ALONG WITH CRWP NO. 51,52,53,54 AND…

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Section 123A of Goa Co-operative Societies Act, 2001 – Scope – The provision mandates that, upon cessation of office, the outgoing office bearer shall hand over charge, records, books, documents and properties of the Society to the person or Committee legally entitled to receive the same. The language employed in Section 123A by the legislature leaves no room for discretion. The obligation is mandatory, and most importantly, the obligation is immediate with the sole object that the functioning of the Society should not be hampered or stalled and should effectively continue

IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.2347 OF 2025(F) (VALMIKI MENEZES & HITEN S. VENEGAVKAR, JJ)…

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Goa Cooperative Societies Act, 2001 – Section 61 – the impugned order contains no reasoning from the Registrar as to why the Petitioners – Directors were disqualified for not conveying and conducting annual general body meeting of the Society for the maximum period of six years to justify the disproportionate period of disqualification imposed on the Petitioners-Directors in the impugned order

IN THE HIGH COURT OF BOMBAY AT GOA   WRIT PETITION NO.779 OF 2024 (Dr. Neela Gokhale J.) (D.o.D. 21.04.2026)…

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Civil Procedure Code, 1908- Order 8, Rule 1(A) and Order 6, rule 17- Production of additional documents and amendment of pleadings of Written Statement- Suit being at initial stage, issues not framed – merely placing the documents on record does not amount to having proved the said documents and the Petitioner in any case will be required to prove those documents and the contents therein – Petition allowed to amend the written statements to include the pleadings corresponding to the additional documents permitted to be filed.

IN THE HIGH COURT OF BOMBAY AT GOA   WRIT PETITION NO. 938 OF 2023   MR. JOSEPH PEREIRA,   …

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