Mumbai Goa Court July 2012 Judgments
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Damu Yeshwant Naik Vs. Smt. Timotina Barreto and Others
Court: Mumbai Goa
Decided on: Jul-06-2012
U.V. Bakre, J. This Second Appeal is directed against the Judgment and Decree dated 25/02/2004 passed by the learned Additional (III) District Judge, South-Goa at Margao (First Appellate Court), in Regular Civil Appeal No.24 of 2001. 2. The said Regular Civil Appeal No.24 of 2001 was filed against the Judgment and Decree dated 30/12/2000 passed by the learned Civil Judge Junior Division, Margao (Trial Court) in Regular Civil Suit No.6/1988/F. 3. The Appellant before this Court as well as before the First Appellate Court was the plaintiff who had filed the said suit for removal of portion of a cowshed constructed by the respondents (defendants) in the property of the plaintiff. The plaintiff had also claimed mesne profits. 4. The case of the plaintiff, in short, was as follows : He purchased a plot of the property known as "Predio Urban" admeasuring 707 square metres, from Antonio Manuel Fernandes and his wife, by sale deed dated 29/12/1966 and thereafter constructed two houses in the s...
Mrs. Clara Baracho Pinto and Another Vs. Vishnu Andrade and Others
Court: Mumbai Goa
Decided on: Jul-03-2012
Oral Judgment: Both the above appeals are taken together for final hearing considering that both the appeals challenge the same judgment and award passed by the Motor Accident Claims Tribunal, Mapusa, dated 09.03.2007 in Claim Petition No. 66/2000. The parties shall be referred to in the manner they so appear in the cause title of the impugned judgment. 2. The claimant filed a claim petition claiming inter-alia that an accident took place on 05.07.2000 at Alto Porvorim near Nova Goa Complex when the husband of the claimant Mario Jose Vaz Ataide e Pinto was crossing the road and at that time a mini truck bearing no. GA-01-T-3710 suddenly came from Mapusa side and in a fast speed. The said truck driven in a rash and negligent manner and from the right hand side of the road and it gave a dash to the husband of the claimant and dashed against his scooter. It is further the case of the claimant that on account of the said impact, her husband was flung towards the other side of the road and ...
Shri Nagesh Baban Gaokar, Since Deceased, by His Legal Representatives ...
Court: Mumbai Goa
Decided on: Jul-03-2012
Oral Judgment: Heard Shri M.S. Joshi, the learned Counsel appearing for the appellants and Shri V. Braganza, the learned Counsel appearing for the respondents. 2. The above appeal challenges the judgment and award dated 25/07/2003 passed in Land Acquisition Case No.115/1998 whereby a reference under Section 30 of the Land Acquisition Act (herein after referred to as 'the said Act') came to be disposed of directing that the compensation awarded be paid to the respondents no.1 and 2. 3. An area of 300 square metres from the property surveyed under no.72/5 situated in the village Panchawadi of Ponda Taluka came to be acquired under the said Act pursuant to a notification published under Section 4 of the said Act in the Official Gazette dated 12/12/1991. In view of the rival claim put up for the compensation awarded by the Land Acquisition Officer whilst passing an award under Section 11 of the said Act the dispute was referred to the learned District Judge under Section 30 of the said Act...
Shri Jaidev Arjun Vengurlencar, Alias, Mr. Zoidev Arjuna Vengurlencar ...
Court: Mumbai Goa
Decided on: Jul-02-2012
Oral Judgment: Heard Shri Valmiki Menezes, learned Counsel appearing for the Appellant and Shri M. Salkar, learned Government Advocate appearing for the Respondents. 2. The above Appeal challenges the Judgment and Decree dated 13.02.2007, passed by the learned District Judge, South Goa, Margao, in Civil Suit No. 278/2004. The Appellant filed the suit on the basis that he is the owner in possession of two properties situated at Village Velim, being 1/48th share of the landed property “Valado de Bapsoro” or “Valado Babsorecho Band” bearing survey no. 341/10 admeasuring 150 square metres with an area of 248 square metres being depicted as water and another portion of the same property bearing Land Registration No. 4364 surveyed under no. 341/11 which have been referred to as suit properties. It is further the case of the Appellant that an area of 113.85 square metres is depicted as water along its western boundary in the plan prepared by the Survey Department and f...
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