Mumbai Goa Court July 2012 Judgments
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Ricardo Jaime Fernandes Vs. Vishnudas Alias Gurudas Khandolkar
Court: Mumbai Goa
Decided on: Jul-20-2012
This Second Appeal arises out of Judgment and Decree dated 2/5/2003 passed by the learned District Judge, Panaji (first Appellate Court, for short), in Regular Civil Appeal No. 54/1996. 2. The said Regular Civil Appeal was filed by the defendant of Regular Civil Suit No. 31/91/D against the Judgment and Decree dated 11/9/1996 passed by the learned Civil Judge, Junior Division, Panaji (trial Court, for short), in the said suit. 3. The parties shall hereinafter be referred to in the same manner as they appear in the cause title of the said Regular Civil Suit. 4. The plaintiff had filed the said suit for eviction and for recovery of mesne profits. The case of the plaintiff, in short, was as follows: The erstwhile Government during Portuguese regime had granted lease to late Lourencinho Fernandes, father of the plaintiff, in respect of a piece of land belonging to the Government of Goa, near old Ferry Wharf, St. Lawrence, Agacaim-Goa, by Alvara No. 466 dated 22/11/1957, on payment of yearl...
M/S. J. L. Baptista, Civil Contractor Vs. State of Goa, Rep. by Execut ...
Court: Mumbai Goa
Decided on: Jul-20-2012
Oral Judgment: Heard Shri Mascarenhas, learned Counsel appearing for the Petitioner and Ms. Kamat, learned Addl. Government Counsel appearing for the Respondent. 2. The above Petition challenges the Order passed by the learned Civil Judge, Senior Division at Quepem, dated 22.02.2000, whereby an application filed by the Petitioner under Section 152 of the Civil Procedure Code to award interest in terms of Section 29 of the Arbitration Act, 1940, came to be rejected. 3. Briefly, the facts of the case are that in an Arbitration Proceedings, an Award came to be passed by the Arbitrator which was submitted to the learned Civil Judge, Senior Division under Section 14 of the Arbitration Act, 1940. Thereafter, it appears that the Respondents raised same objections to the said Award. In the meanwhile, the Petitioner also filed an application dated 06.11.1992 under Section 17 of the Arbitration Act, 1940, inter alia, claiming that whilst making the Award the Rule of the Court, interest should be...
Shri Shaikh Abdul Razak and Others Vs. Shri Shaikh Kassam and Others
Court: Mumbai Goa
Decided on: Jul-20-2012
U.V. Bakre, J. The above Second Appeal No. 2/1998 arises out of Judgment and Decree dated 06/10/1997 passed by the learned Additional District Judge, Mapusa (first Appellate Court, for short) in Regular Civil Appeal No. 40 of 1993, which was filed by defendants no. 1, 2 and 3 of Regular Civil Suit No. 65 of 1990 against the judgment and decree dated 31/03/1993 passed by the learned Civil Judge, Junior Division, Sattari at Valpoi (trial Court, for short), in the said suit. 2. The above First Appeal No. 11/2003 has been filed against the Judgment and Award dated 17/09/2002 passed by the learned Additional District Judge, Mapusa(reference Court, for short), in Land Acquisition Case No. 98 of 1989. 3. The subject matter of the Second Appeal No.2/98 is 1/3rd share of Shaikh Aziz Shaikh Hassan, in the property known as Moxichem Mol, bearing survey nos. 14/1, 14/2 and 24/1 of village Nanus in Sattari Taluka. The subject matter of the First Appeal No. 11/03 is land admeasuring 30,135 square me...
Shri Babu Alias Gopal Dharma Pednekar (Since Deceased) Through Legal H ...
Court: Mumbai Goa
Decided on: Jul-19-2012
Oral Judgment: Heard Shri A.R. Kantak, the learned Counsel appearing for the petitioners and Shri Sudin M.S. Usgaonkar, the learned Counsel appearing for the respondent no.1. 2. Rule. Heard forthwith with the consent of the learned Counsel. The learned Counsel appearing for the respondent no.1 waives service. 3. The above petition challenges an order passed by the learned Civil Judge Junior Division at Pernem dated 3/05/2011 whereby an application filed by the petitioners for leave to produce a Deed of Partition dated 7/06/1950 came to be dismissed. 4. The brief facts of the case are that the respondents filed the suit on the ground that the petitioners have trespassed into their property surveyed under no.119/5 and 116/33 of Morjim Village. The prayer sought by the respondents is for a permanent injunction restraining the petitioners form inter alia interfering with the suit property. 5. The petitioners filed their written statement disputing the contentions in the plaint and inter al...
Dr. U.A. Vinay Kumar Vs. His Excellency, the Chancellor, Goa Universit ...
Court: Mumbai Goa
Decided on: Jul-18-2012
A.P. LAVANDE, J. Heard the learned Counsel for the parties. 2. Briefly, the case of the petitioner is as under: The Government of Goa issued notification dated 01/12/1984 in which The Goa University Act, 1984 ('The Act' for short) was published. Pursuant to the said Act, the Goa University- respondent no.2 was established in June 1985. The petitioner was appointed as a Lecturer in Philosophy at respondent no.2 University on 25/09/1987. In the year 1988, respondent no.2 published several Statutes made by it from time to time. On 05/02/1992, the University published 1991 Regulations. Regulation 3B read with note 2 provides for further promotion from the post of Lecturer to Lecturer (Senior Scale) and relaxation for three years for Ph.D. According to the petitioner, he became eligible for the promotion to post of Lecturer (Senior Scale) with effect from 06/07/1992. On 27/06/1994, the petitioner was promoted as Lecturer (Senior Scale) with retrospective effect. On 19/06/1996, the petitione...
Dr. U.A. Vinay Kumar Vs. His Excellency, the Chancellor, Goa Universit ...
Court: Mumbai Goa
Decided on: Jul-18-2012
A.P. LAVANDE, J. Heard the learned Counsel for the parties. 2. Briefly, the case of the petitioner is as under: The Government of Goa issued notification dated 01/12/1984 in which The Goa University Act, 1984 ('The Act' for short) was published. Pursuant to the said Act, the Goa University- respondent no.2 was established in June 1985. The petitioner was appointed as a Lecturer in Philosophy at respondent no.2 University on 25/09/1987. In the year 1988, respondent no.2 published several Statutes made by it from time to time. On 05/02/1992, the University published 1991 Regulations. Regulation 3B read with note 2 provides for further promotion from the post of Lecturer to Lecturer (Senior Scale) and relaxation for three years for Ph.D. According to the petitioner, he became eligible for the promotion to post of Lecturer (Senior Scale) with effect from 06/07/1992. On 27/06/1994, the petitioner was promoted as Lecturer (Senior Scale) with retrospective effect. On 19/06/1996, the petitione...
Shri Heriberto Francisco Maria D'Cunha alias Hariberto D'Cunha (since ...
Court: Mumbai Goa
Decided on: Jul-13-2012
By this appeal, the appellants take exception to the order dated 13th November, 2001, passed in Civil Misc. Application 115/97/B in Special Civil Suit No.65/97/B by the Addl. Civil Judge, Senior Division, at Vasco da Goa, dismissing the application for interim relief filed by the original plaintiff. 2. The appellants are legal representatives of the original plaintiff who expired during the pendency of the appeal before this Court and the respondents are the original defendants in the above suit. The parties shall, hereinafter, be referred to as per their status before the Trial Court. 3. The plaintiff filed the above suit for declaration that the sale deeds dated 21.5.1996 and 19.9.1996 executed by defendant No.1 in favour of defendant No.3 be treated as null and void and not binding on the plaintiff since they have no right in the property known as “Adolem e Balcondicho Vollo”, situated within the Village Panchayat of Cuelim-Cansualim, Mormugao Taluka, bearing matriz No. ...
Shri Vishram Jaya Shetkar Alias Manohar Jaya Shetkar and Others Vs. Sh ...
Court: Mumbai Goa
Decided on: Jul-13-2012
This Second Appeal is filed against the Judgment and Decree dated 30/4/2003 passed by the learned First Additional District Judge, South Goa, Margao (First Appellate Court, for short) in Regular Civil Appeal No. 98/1999. 2. The said Regular Civil Appeal was filed by the defendant of Regular Civil Suit No. 83/1992/B against the Judgment and Decree dated 31/8/1999 passed by the learned Civil Judge, Junior Division, Quepem (Trial Court, for short), in the said suit. 3. The parties shall be referred to in the manner as they appear in the cause title of the said Regular Civil Suit. 4. The plaintiffs had filed the said suit, against the defendant, for damages of Rs.18,800/- and they had also prayed for interest at the rate of 18% per annum on the said sum of Rs.18,800/-, calculated at quarterly rests as from 6/10/1992 till the actual payment. 5. Case of the plaintiffs was as follows: They are co-owners in possession and enjoyment of a landed property, bearing survey no.19/17, situated at Amo...
Shaba Zulo Shet (Since Deceased, Through His Legal Heirs) and Others V ...
Court: Mumbai Goa
Decided on: Jul-13-2012
The above appeals arise out of common judgment and order dated 24/6/2002 passed by the learned District Judge, South Goa, Margao (Reference Court, for short.) in Land Acquisition Cases No. 218/89/I, 224/89/I, 64/87, 221/89/I and 223/89/I. The M. C. A.s, tagged to the above appeals, are filed under Order XLI, Rule 27(aa) of Civil Procedure Code, for leave to tender in evidence a certificate of death regarding Satyabhama Bolnekar. By order dated 24/11/2011, this Court has directed that the said M. C. A.s shall to be considered along with the appeals. 2. Facts giving rise to the appeals, in short, are as follows: The Government had acquired land for 5 MLD Water Supply Scheme to Canacona and surrounding villages which was subject matter of L.A.C no. 64/87 and for construction of approach road to Talpona-Galgibaga Bridge on Canacona side, which was subject matter of other Land acquisition cases No. 218/89/I, 224/89/I, 221/89/I and 223/89/I. The properties involved in the acquisition, insofa...
Shri Heriberto Francisco Maria D'Cunha alias Hariberto D'Cunha (since ...
Court: Mumbai Goa
Decided on: Jul-13-2012
By this appeal, the appellants take exception to the order dated 13th November, 2001, passed in Civil Misc. Application 115/97/B in Special Civil Suit No.65/97/B by the Addl. Civil Judge, Senior Division, at Vasco da Goa, dismissing the application for interim relief filed by the original plaintiff. 2. The appellants are legal representatives of the original plaintiff who expired during the pendency of the appeal before this Court and the respondents are the original defendants in the above suit. The parties shall, hereinafter, be referred to as per their status before the Trial Court. 3. The plaintiff filed the above suit for declaration that the sale deeds dated 21.5.1996 and 19.9.1996 executed by defendant No.1 in favour of defendant No.3 be treated as null and void and not binding on the plaintiff since they have no right in the property known as Adolem e Balcondicho Vollo, situated within the Village Panchayat of Cuelim-Cansualim, Mormugao Taluka, bearing matriz No. 102, and surve...
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