Mumbai Goa Court August 2012 Judgments
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Atlantic Spinning and Weaving Mills Ltd. Vs. Government of Goa and Oth ...
Court: Mumbai Goa
Decided on: Aug-27-2012
Oral Judgment: Heard Shri Sonak, learned Counsel appearing for the Petitioner and Ms. Linhares, learned Addl. Government Advocate appearing for the Respondents. 2. The above Petition challenges an Order passed by the Respondent no.2 dated 25.03.2004, passed in Case No.CL(MWA-22)/2003/1955. By the impugned Order, the Respondent no.2 found legal justification in the direction to the Petitioners to pay the difference amount under the Minimum Wages Act 1948. 3. Shri Sonak, learned Counsel appearing for the Petitioner, has pointed out that during the course of the hearing of the proceedings before the Respondent no.2, the Petitioner had led evidence of an expert to establish that the work being carried out by the Petitioners has nothing to do with the natural fibre or cotton and that whatever activity was carried out was synthetic in nature. Learned Counsel further pointed out that the Respondent No.2 whilst passing the impugned Order has relied upon the Notification of the year 1991 wherea...
Pramod S. Priolkar and Another Vs. Deputy Collector and S.D.O and Anot ...
Court: Mumbai Goa
Decided on: Aug-24-2012
Oral Judgment: The above two appeals are taken up jointly for disposal as they pertain to the land adjacent to one another acquired under the same notification under Section 4(1) of the Land Acquisition Act, 1894 (L.A. Act). 2. Land was acquired for construction of a road from Querim to Dyghode in Ponda Taluka. The Notification under section 4(1) of the L.A. Act was published in the Official Gazette dated 7/2/1989. This, inter alia, included land from survey nos. 101/1 and 105/1 of village Priol of Ponda Taluka. An area admeasuring 380 square metres was acquired from survey no. 101/1 (part) and an area of 1250 square metres was acquired from survey no. 105/1. The appellant of F. A. No. 323/2003 had laid claim for undivided 50% share in the said acquired land. The remaining 50% share belonged to Shri Sadanand G. S. Priolkar. The said acquisition, inter alia, also included land from survey nos. 101/3 and 102/1. An area of 310 square metres was acquired from survey no. 101/3 (part) wherea...
State, Through Police Inspector Vs. Sidhesh Shetgaonkar
Court: Mumbai Goa
Decided on: Aug-24-2012
Oral Judgment : Heard Mr. D. Lawande, Additional Public Prosecutor for the State-Appellant and Mr. V. Menezes, Advocate for the respondent (hereinafter referred to as 'the accused'). 2. By this appeal, the appellant-State takes exception to the Judgment and Order dated 16th September, 2009, passed by the Judicial Magistrate, First Class, at Ponda, Goa in Criminal Case No. 97/S/06/A, acquitting the accused for the offences punishable under Sections 279 and 337 of Indian Penal Code (IPC). 3. Briefly, the case of the prosecution is as under: On 14th February, 2006, at about 11.20 a.m. at Manaswado, Kundai on National Highway 4, the accused drove the tanker bearing registration No. GA-01, Z-2715 in a rash and negligent manner while proceeding from Ponda to Panaji and dashed against the mini bus bearing registration No.GA-02, T-4634 which was driven by PW.2 Mohan Naik. On account of the accident, simple injuries were caused to PW.2 Mohan Naik and five other passengers travelling in the mini...
C. MohiddIn (Deceased Through L. Rs) and Another Vs. Hayad Sab Bepari ...
Court: Mumbai Goa
Decided on: Aug-24-2012
Oral Judgment: Heard Shri Sudin Usgaonkar, learned Counsel appearing for the petitioners and Shri J. Godinho, learned counsel appearing for the respondents. 2. This is a petition challenging the judgment passed by the Tribunal whereby an appeal preferred by the respondents was allowed and the petitioners were directed to be evicted form the suit premises. 3. It is the case of the petitioners that there exists a property surveyed under Chalta nos. 231 and 248 of P.T. Sheet no. 253 situated at Margao, which originally belonged to Eusebio Furtado and the same was subsequently sold to the respondents herein. It is further their case that there exists several structures in the said property, out of which house bearing no. 661 is occupied by the petitioners and the house bearing no. 660 is occupied by one Shri K. M. Alli. The eviction proceedings were initiated in the year 1980 against the petitioners as well as Shri Alli under Section 22(2)(a) and Section 30 of the Goa Daman and Diu Buildin...
C. MohiddIn (Deceased Through L. Rs) and Another Vs. Hayad Sab Bepari ...
Court: Mumbai Goa
Decided on: Aug-24-2012
Oral Judgment: Heard Shri Sudin Usgaonkar, learned Counsel appearing for the petitioners and Shri J. Godinho, learned counsel appearing for the respondents. 2. This is a petition challenging the judgment passed by the Tribunal whereby an appeal preferred by the respondents was allowed and the petitioners were directed to be evicted form the suit premises. 3. It is the case of the petitioners that there exists a property surveyed under Chalta nos. 231 and 248 of P.T. Sheet no. 253 situated at Margao, which originally belonged to Eusebio Furtado and the same was subsequently sold to the respondents herein. It is further their case that there exists several structures in the said property, out of which house bearing no. 661 is occupied by the petitioners and the house bearing no. 660 is occupied by one Shri K. M. Alli. The eviction proceedings were initiated in the year 1980 against the petitioners as well as Shri Alli under Section 22(2)(a) and Section 30 of the Goa Daman and Diu Buildin...
Pramod S. Priolkar and Another Vs. Deputy Collector and S.D.O and Anot ...
Court: Mumbai Goa
Decided on: Aug-24-2012
Oral Judgment: The above two appeals are taken up jointly for disposal as they pertain to the land adjacent to one another acquired under the same notification under Section 4(1) of the Land Acquisition Act, 1894 (L.A. Act). 2. Land was acquired for construction of a road from Querim to Dyghode in Ponda Taluka. The Notification under section 4(1) of the L.A. Act was published in the Official Gazette dated 7/2/1989. This, inter alia, included land from survey nos. 101/1 and 105/1 of village Priol of Ponda Taluka. An area admeasuring 380 square metres was acquired from survey no. 101/1 (part) and an area of 1250 square metres was acquired from survey no. 105/1. The appellant of F. A. No. 323/2003 had laid claim for undivided 50% share in the said acquired land. The remaining 50% share belonged to Shri Sadanand G. S. Priolkar. The said acquisition, inter alia, also included land from survey nos. 101/3 and 102/1. An area of 310 square metres was acquired from survey no. 101/3 (part) wherea...
Hanumant Subhedar and Another Vs. Mrs. Farida Bi. Khalifa and Another
Court: Mumbai Goa
Decided on: Aug-24-2012
Oral Judgment: Heard Shri J.P. Mulgaonkar, learned Counsel appearing for the petitioners, Shri S.D. Padiyar, learned Counsel appearing for respondent no.1 and Shri A.D. Bhobe, learned Counsel appearing for respondent no.2. 2. The above petition challenges an order passed by the lower appellate Court dated 4/11/2011 passed in Misc. Civil Application No.143/2010 whereby an appeal challenging the order dated 30/04/2010 passed by the learned Civil Judge Junior Division, Mapusa was allowed and an application for temporary injunction filed by the respondent no.1 was allowed and the petitioner as well as the respondent no.2 were inter alia restrained from dispossessing the respondent no.1 from the suit flat. 3. During the course of the hearing of the above petition, Shri J.P. Mulgaonkar, learned Counsel appearing for the petitioners has assailed the impugned order essentially on the ground that the learned Judge had no jurisdiction to pass the said order as according to him the proceedings un...
Mrs. Rashmi Rajan Lambor Alias Saggubai B. Vs. Scrutiny Committee for ...
Court: Mumbai Goa
Decided on: Aug-23-2012
U.V. Bakre, J. Heard learned Senior Counsel for the parties. Rule. By consent heard forthwith. 2. By this petition filed under Article 226 of the Constitution of India, the petitioner has prayed to quash and set aside the judgment dated 16/06/2012 passed by the Scrutiny Committee for verification of Caste Certificate (Respondent no.1) and to direct the respondent no.1 to scrutinize/affirm the OBC Certificate issued by the Deputy Collector/ SDM, Quepem, dated 4/2/2010. 3. Previously, the petitioner had filed Writ Petition No. 135 of 2012 before this Court against the same respondents, whereby she had prayed that the order dated 16/01/2012 passed by the respondent no. 1 be quashed and set aside and certificate issued by the Deputy Collector/SDM, Quepem, dated 6/1/2006 be ordered to be scrutinized by respondent no.1, in accordance with law. This court by order dated 22/02/2012 had allowed the said Writ Petition in the following terms: (A) Order of the Scrutiny Committee dated 16th January...
Mrs. Rashmi Rajan Lambor Alias Saggubai B. Vs. Scrutiny Committee for ...
Court: Mumbai Goa
Decided on: Aug-23-2012
U.V. Bakre, J. Heard learned Senior Counsel for the parties. Rule. By consent heard forthwith. 2. By this petition filed under Article 226 of the Constitution of India, the petitioner has prayed to quash and set aside the judgment dated 16/06/2012 passed by the Scrutiny Committee for verification of Caste Certificate (Respondent no.1) and to direct the respondent no.1 to scrutinize/affirm the OBC Certificate issued by the Deputy Collector/ SDM, Quepem, dated 4/2/2010. 3. Previously, the petitioner had filed Writ Petition No. 135 of 2012 before this Court against the same respondents, whereby she had prayed that the order dated 16/01/2012 passed by the respondent no. 1 be quashed and set aside and certificate issued by the Deputy Collector/SDM, Quepem, dated 6/1/2006 be ordered to be scrutinized by respondent no.1, in accordance with law. This court by order dated 22/02/2012 had allowed the said Writ Petition in the following terms: (A) Order of the Scrutiny Committee dated 16th January...
Sunil Gudlar Vs. Central Bureau of Investigation, Anti Corruption Bran ...
Court: Mumbai Goa
Decided on: Aug-21-2012
Oral Order: Heard Shri Teles, learned Counsel appearing for the Applicant and Shri Vaz, learned Special Public Prosecutor, and Shri J. P. D' Souza, learned Counsel, appearing for the Respondents. Shri J. P. D' Souza, learned Counsel assisted the Prosecution. 2. The application for bail filed by the Applicant on the ground that he was aggrieved by an Order dated 07.04.2012 passed by the learned Special Judge, North Goa, Panaji, in Bail Application no. 68/2012 whereby, the bail application filed by the Applicant came to be rejected. It is the contention of the Applicant that the Applicant has been arrested by the police attached to the Anti Corruption Branch on 06.03.2012 at 10.45 hours in Crime No. RC 3(A)/2011/CBI/ACB/Goa, for offences punishable under Sections 20(b)(ii)(c), 21(b) and 22(c) of the Narcotics Drugs and Psychotropic Substance Act, 1985, (herein after referred to as the 'NDPS Act'). It is further the contention of the Applicant that he was the Investigating Officer and the...
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