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Aug 01 2002

Shri Luizinho Joaquim Faleiro Vs. the State of Goa, Through Its Chief ...

Court : Mumbai

Decided on : Aug-01-2002

Subject : Civil

Acts : Representation of the People Act, 1951 - Sections 15(2) and 73; Government of India Act, 1858; Government of India (Amendment) Act, 1935; Indian (Provisional Constitution) Order, 1947; Code of Civil Procedure (CPC) - Sections 98, 98(2) and 98(3)

Reported in : 2003(2)MhLj334

Advocate for Appellant : V.B. Nadkarni, Senior Adv., ;Y.V. Nadkarni, Adv., ;S.K. Kakodkar, Senior Adv. and ;J.J. DSouza, Adv.

V.C. Daga, J.1. These two Writ Petitions under Article 226 of theConstitution of India have been referred to me in view ofthe split judgment by the two learned Judges of the GoaBench of this Court. While...

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Feb 08 2006

Bento De Souza Egypsy (Dr.) and ors. Vs. Yvetter Alvares Colaco Alias ...

Court : Mumbai

Decided on : Feb-08-2006

Subject : Contract

Acts : Transfer of Property Act, 1882 - Sections 105 and 108; Indian Easement Act, 1882 - Sections 3 and 52; Goa, Daman and Diu Buildings (LRE) Control Act, 1968 - Sections 59 and 59(1)

Reported in : 2006(3)ALLMR195; 2006(2)BomCR465

Advocate for Appellant : V.B. Nadkarni, Sr. Adv. and ;Y.V. Nadkarni, Adv.

Britto N.A., J.1. The question for our consideration in this defendant's Letters Patent Appeal is whether the agreement dated 29-3-1968 between the parties, styled as a deed of leave and license had necessarily to be construed...

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Mar 01 2001

Pandurang Camotim Sancoalcar Vs. Suresh Prabhakar Prabhu and anr.

Court : Mumbai

Decided on : Mar-01-2001

Subject : CompanyCriminal

Acts : Companies Act, 1956 - Sections 2(26), 303 and 303(2); Negotiable Instruments Act, 1881 - Sections 138 and 141; Code of Criminal Procedure (CrPC) , 1973

Reported in : 2001BomCR(Cri)857; [2003]113CompCas600(Bom); 2001CriLJ2945; 2000(4)MhLj429; [2003]48SCL437(Bom)

Advocate for Appellant : G.K. Tamba, Adv. in Criminal Revision Application Nos. 13, 14, 15, 17, 18, 19, 20, 21, 22 and 23 of 1999, ;V.B. Nadkarni and ;Y.V. Nadkarni, Advs. in Criminal Revision Application Nos. 27, 28 and 29 o

D.G. Deshpande, J.1. This is a group of 23 criminal revision applications along with 23 criminal writ petitions. Out of these 23 criminal revision applications, ten have been filed by the learned advocate Mr. G. K....

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Jul 19 1999

Shri Thomas Sebastian and Others Vs. the Chief Secretary, State of Goa ...

Court : Mumbai

Decided on : Jul-19-1999

Subject : Service

Acts : Constitution of India - Articles 14, 16, 141 and 226; Code of Civil Procedure (CPC), 1908 - Sections 11

Reported in : 2000(1)ALLMR654; 2000(2)BomCR190

Advocate for Appellant : V.B. Nadkarni, Sr.A. and ;Y.V. Nadkarni, Adv.

ORDERR.M.S. Khandeparkar, J.1. By the present petition the petitioners are challenging the Government Circular dated 15-10-1992 by which the respondent No. 2 has ordered the aided secondary schools to recover the alleged overpayment made to the...

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Jul 17 2009

Agnello Caridade Lobo Vs. Mr. Sanjay A. Pednekar and ors.

Court : Mumbai

Decided on : Jul-17-2009

Subject : Election

Acts : Goa Panchayat Raj Act, 1994 - Sections 10, 11, 12, 12(1), 12(2), 50(4), 50(5), 55(4) and 210A; Goa Town and Country Planning Act, 1974 - Sections 134; Constitution of India - Articles 226 and 227, 243(O), 243K and 329

Reported in : 2009(5)BomCR62; 2009(111)BomLR3318

Advocate for Appellant : V.B. Nadkarni, Sr. Adv. and ;P.A. Kamat, Adv.

B.P. Dharmadhikari, J.1. The writ petition to be disposed of finally at the stage of admission as per orders of this Court dated 30.4.2009. Accordingly, we admit the writ petition by making Rule, returnable forthwith. Respective...

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Apr 01 2004

Cit Vs. Zuari Finance Ltd. and anr.

Court : Mumbai

Decided on : Apr-01-2004

Subject : Direct Taxation

Reported in : [2005]144TAXMAN113(Bom)

Advocate for Appellant : S.R. Rivonkar & Ms. A. Padte, for the Revenue V.B. Nadkarni with J. Cardozo, for Respondent No. 1

D.G. Karnik, J.This appeal at the instance of the revenue, filed under section 260A of the Income Tax Act, 1961 (hereinafter referred to as 'the Act'), is directed against the judgment and order passed by the...

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Sep 30 2004

Shri Octaviano Teogono Alcacoas Vs. Smt. Rosa Milagrina A. Esmeana Mor ...

Court : Mumbai

Decided on : Sep-30-2004

Subject : Civil

Reported in : 2005(1)ALLMR758; (2005)107BOMLR936

N.A. Britto, J.1. This is defendant's second appeal, arising from Special Civil Suit No. 63 of 1987.2. This second appeal was admitted on a substantial question of law which reads as follows:Whether the District Court lacked...

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Sep 07 1998

Dr. Wilfred A. De Souza and others Vs. Shri Tomazinho Cardozo Hon'ble ...

Court : Mumbai

Decided on : Sep-07-1998

Subject : Election

Acts : Constitution of India - Article 136, 164(1), 174, 175(2) and 191(2), 226 and 227; Evidence Act, 1872 - Sections 101; Members of Goa, Daman and Diu Legislative Assembly (Disqualification on ground of defection) Rules, 1986, Rules 7(4), (5) and (6); Constitution (Fifty-second Amendment) Act, 1985

Reported in : 1999(1)BomCR594

Advocate for Appellant : Ashok M. Desai, and ;J.E. Coelho Pereria, S.A., ;Pallav Shishodia, ;Vilas P. Thali, ;Bhavanishankar V. Gadnis and ;J. Godinho, Advs.

ORDERR.K. Batta, J. 1. The petitioners have invoked writ jurisdiction under Article 226 of the Constitution of India on account of common judgment dated 14th August, 1998, passed by the Speaker of Goa Legislative Assemblyin Disqualification...

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Jun 21 1996

Economic Development Corporation of Goa, Daman and Diu Limited Vs. Sun ...

Court : Mumbai

Decided on : Jun-21-1996

Subject : Arbitration

Reported in : 1997(3)BomCR299

Advocate for Appellant : Mr. G.V. Tamba, Adv.

ORDERR.K. Batta, J. 1. The work of construction of office building complex was entrusted by the petitioners to respondent No. 1 vide agreement dated 20th January, 1986. Dispute under the said agreement arose between the parties...

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Feb 04 1985

Francisco Ferreira Martins and ors. Vs. Union of India and ors.

Court : Mumbai

Decided on : Feb-04-1985

Subject : PropertyCivil

Acts : Land Acquisition Act, 1894 - Sections 4(1), 5A, 6, 17(4) and 55; Goa, Damam and Diu Land Acquisition Rules, 1972 - Rule 4(2)

Reported in : AIR1985Bom312; ILR1985Bom2125

Advocate for Appellant : S.K. Kakodkar, Adv.

Couto, J.1. Petitioners challenge in this Writ Petition under Art, 226 of the Constitution, the legality of the Notification No. 22/80/83-RD dated 6th Dec. 1983, issued under Sec. 4(1) of the Land Acquisition Act, 1894 and...

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