Reference against order of authorised officer under section 42
Section 44 of the Goa Highways Act, 1974 deals with reference against order of authorised officer under section 42. Any person aggrieved by the order fixing the betterment charges may, by a written application to the officer authorised under section 41, require that the matter be referred to the Civil Judge (Senior Division).
(1) Any person aggrieved by the order fixing the betterment charges may, by a written application to the officer authorised under section 41, require that the matter be referred to the Civil Judge (Senior Division).
(2) Any such application shall be made within six weeks from the date on which the order of the officer referred to in sub-section (1) was communicated to such person and shall be in such form as may be prescribed.
(3) The provisions of sections 5, 12 and 14 of the Limitation Act, 1963, shall apply to the computation of the time fixed for reference under 36 of 1963 sub-section (2).
(4) The officer authorised under section 41 shall make the reference in such manner as may be prescribed.
Section 44, The Goa Highways Act, 1974 (Act 10 of 1974).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 6
- s. 36
- s. 38 Decisions of authorities under sections 35 and 44 to be enforced as decrees of civil court
- s. 45 Finality of order fixing betterment charges and of decision on reference
- s. 46 Betterment charges to be first charge on land next to land revenue
- s. 69 Bar of jurisdiction
- s. 72 Power to make rules
Questions about Section 44
What does Section 44 of the Goa Highways Act deal with?
Section 44 of the Goa Highways Act is headed "Reference against order of authorised officer under section 42". Any person aggrieved by the order fixing the betterment charges may, by a written application to the officer authorised under section 41, require that the matter be referred to the Civil Judge (Senior Division).
How do I find court cases under Section 44 of the Goa Highways Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: GOA Highways Act 1974 44, section 44 GOA Highways Act 1974, section 44 of the Goa Highways Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 44 of the Goa Highways Act, and has it changed?
Its own text turns on section 41 (Notice to owners and persons interested), Limitation Act 5 (Extension of prescribed period in certain cases), Limitation Act 12 (Exclusion of time in legal proceedings), Limitation Act 14 (Exclusion of time of proceeding bona fide in court without jurisdiction), so none of them can safely be read on its own. 6 other provisions in this corpus refer back to it.
When was the Goa Highways Act enacted?
Goa Highways Act was enacted in 1974 as Act 10 of 1974. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
- 9. 895 words
- 2. Definitions821 words
- 72. Power to make rules574 words
- 54. Prevention and rectification of damaged highway533 words
- 7. Powers to fix boundary building and control lines of highways511 words
- 23. Prevention of encroachment453 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/180f88b5-26ca-47fb-a5a7-e0b1b9f70822.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/a99850b7-9411-4ba1-9bfc-8ed11419fceb/content). This page is not a substitute for legal advice.