Mumbai Goa Court September 2012 Judgments
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Shekhar Prabhudessai Vs. Goa State Information Commission and Another
Court: Mumbai Goa
Decided on: Sep-28-2012
Oral Judgment: Heard Shri Noorani, learned Addl. Government Advocate, appearing for the Petitioner. None for the Respondent no.2 though served. 2. The above Petitioner challenged the Order dated 16.08.2008, whereby an Appeal preferred by the Respondent No.2 was partly allowed and the Petitioner was directed to furnish information with regard to the entries in the Station Diary in connection with Criminal case No.19/2005. 3. Briefly, the facts of the case are that, the Respondent no.2 sought information from the Petitioner under the Right to Information Act 2005,(herein after referred to as the 'said Act'), seeking further entries in the station diary in connection with the complaint No.9/2005. The Petitioner sought exemption from providing such information under Section 8(1)(h) of the said Act. The Petitioner refused the said information and dismissed the application filed by the Respondent no.2. Being aggrieved by the said Order, the Respondent no.2 preferred an Appeal before the Firs...
Shaikh Iqbal Muzawar Vs. Abitalib Malik
Court: Mumbai Goa
Decided on: Sep-27-2012
Heard Mr. Vaz, learned Counsel for the appellant and Mr. Menezes, learned Counsel for the respondent. 2. By this appeal, the appellant takes exception to the judgment and order dated 26/03/2010 passed by the Judicial Magistrate, First Class, Panaji in OA Case No.945/2008/B acquitting the respondent for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 ('the Act' for short). 3. The appellant is the complainant and the respondent is the accused in the above case. The parties shall hereinafter be referred to as per their status before the Trial Court. 4. The complainant filed the above criminal case against the accused for dishonour of cheque dated 21/02/2008 for an amount of Rs.67,000/- drawn on ICICI Bank which according to the complainant, was issued by the accused towards repayment of the loan taken by the accused. The cheque was presented by the complainant for payment. The same was dishonoured on 11/06/2008 with an endorsement 'insufficient funds'. Thereaf...
Otto Jaime Hamilton P. De Souza and Another Vs. Pandurang Vishnu Mahat ...
Court: Mumbai Goa
Decided on: Sep-26-2012
Oral Judgment: Heard Shri S. Karpe, learned Counsel appearing for the petitioner. None for the respondent though served. 2. Rule. Heard forthwith. 3. The short point for consideration in the above petition is as to whether the impugned orders passed by the Authorities below to the effect that the Rent Controller has no power to grant an amendment of the main eviction application under the provisions of Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 are justified. The Authorities below have come to the conclusion that no such powers are vested in the Rent Controller in view of the judgment of the learned Single Judge of this Court passed in Writ Petition No.814/2010. The said judgment passed by the learned Single Judge came to be referred to a Larger Bench and by order dated 11/09/2012 passed in the above proceedings the learned Division Bench has come to the conclusion that the Rent Controller has powers to grant an amendment of the main application and/or re...
Otto Jaime Hamilton P. De Souza and Another Vs. Pandurang Vishnu Mahat ...
Court: Mumbai Goa
Decided on: Sep-26-2012
Oral Judgment: Heard Shri S. Karpe, learned Counsel appearing for the petitioner. None for the respondent though served. 2. Rule. Heard forthwith. 3. The short point for consideration in the above petition is as to whether the impugned orders passed by the Authorities below to the effect that the Rent Controller has no power to grant an amendment of the main eviction application under the provisions of Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 are justified. The Authorities below have come to the conclusion that no such powers are vested in the Rent Controller in view of the judgment of the learned Single Judge of this Court passed in Writ Petition No.814/2010. The said judgment passed by the learned Single Judge came to be referred to a Larger Bench and by order dated 11/09/2012 passed in the above proceedings the learned Division Bench has come to the conclusion that the Rent Controller has powers to grant an amendment of the main application and/or re...
State of Goa, (Through Public Prosecutor, Margao Goa) Vs. Constancio P ...
Court: Mumbai Goa
Decided on: Sep-25-2012
Oral Judgment: By this appeal, the appellant takes exception to the judgment and order dated 20.1.2010 passed by Additional Sessions Judge-2, South Goa Margao, in Criminal Appeal No. 75/2009 by which learned Additional Sessions Judge has allowed the appeal preferred against the judgment and order of conviction passed by learned Judicial Magistrate, First Class, Canacona in Criminal Case No. 39/S/2007 convicting the accused for the offences punishable under Sections 279, 337, 338 and 304-A of I.P.C. 2. Briefly the facts giving rise to the present appeal are as under:- The accused was the driver of the bus belonging to Kadamba Transport Corporation. On 9.3.2007 he was proceeding towards Karwar with the vehicle bearing no. GA-01-X-0268. At Karmal Ghat in Canacona, one maruti van bearing no. GA-01-E-1331 was coming in opposite direction. The bus dashed against the said maruti van resulting in death of one person and grievous injuries and simple injuries to two persons. It is the case of th...
State of Goa, (Through Public Prosecutor, Margao Goa) Vs. Constancio P ...
Court: Mumbai Goa
Decided on: Sep-25-2012
Oral Judgment: By this appeal, the appellant takes exception to the judgment and order dated 20.1.2010 passed by Additional Sessions Judge-2, South Goa Margao, in Criminal Appeal No. 75/2009 by which learned Additional Sessions Judge has allowed the appeal preferred against the judgment and order of conviction passed by learned Judicial Magistrate, First Class, Canacona in Criminal Case No. 39/S/2007 convicting the accused for the offences punishable under Sections 279, 337, 338 and 304-A of I.P.C. 2. Briefly the facts giving rise to the present appeal are as under:- The accused was the driver of the bus belonging to Kadamba Transport Corporation. On 9.3.2007 he was proceeding towards Karwar with the vehicle bearing no. GA-01-X-0268. At Karmal Ghat in Canacona, one maruti van bearing no. GA-01-E-1331 was coming in opposite direction. The bus dashed against the said maruti van resulting in death of one person and grievous injuries and simple injuries to two persons. It is the case of th...
State Vs. Sudhakar Naik
Court: Mumbai Goa
Decided on: Sep-24-2012
Oral Judgment: Heard Mr. D. Lawande, learned Additional Public Prosecutor for the appellant and Mr. Arun Bras De Sa, learned Advocate for respondent. 2. By this appeal, the appellant takes exception to the judgment and order dated 10.3.2010 passed by Special Judge, South Goa Margoa in Special Case no. 1/SC/ST/2009, acquitting the respondent/accused for the offence punishable under Section 3(1)(x) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989 (“the Act' for short”). 3. Briefly, the prosecution case is as under:- On 24.1.2008 between 9.00 to 10.30 am in front of house of first informant PW1 Ashok Korgaonkar situated at Housing Board, Gogal, Margao, the accused intentionally insulted with intent to humiliate him being a member of scheduled caste in public view by saying “the profession of mechanic was not meant for the complainant, being chamhar (shoemaker) and that he should wear a garland of chappals and shoes on his body and sit ou...
State Vs. Sudhakar Naik
Court: Mumbai Goa
Decided on: Sep-24-2012
Oral Judgment: Heard Mr. D. Lawande, learned Additional Public Prosecutor for the appellant and Mr. Arun Bras De Sa, learned Advocate for respondent. 2. By this appeal, the appellant takes exception to the judgment and order dated 10.3.2010 passed by Special Judge, South Goa Margoa in Special Case no. 1/SC/ST/2009, acquitting the respondent/accused for the offence punishable under Section 3(1)(x) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989 (the Act' for short). 3. Briefly, the prosecution case is as under:- On 24.1.2008 between 9.00 to 10.30 am in front of house of first informant PW1 Ashok Korgaonkar situated at Housing Board, Gogal, Margao, the accused intentionally insulted with intent to humiliate him being a member of scheduled caste in public view by saying the profession of mechanic was not meant for the complainant, being chamhar (shoemaker) and that he should wear a garland of chappals and shoes on his body and sit outside his residence. ...
V.M. Salgaoncar and Brother Pvt. Ltd. and Another Vs. the Deputy Colle ...
Court: Mumbai Goa
Decided on: Sep-17-2012
U.V. Bakre, J. The above two appeals are taken up together for final disposal since both of them arise from the judgment and award dated 30/1/2006 passed by the learned District Judge, South Goa, Margao (Reference Court, for short) in Land Acquisition Case No. 71/2000. 2. The appellant in First Appeal No. 145/2006 was the applicant; the Dy. Collector and S.D.O., Quepem was respondent no. 1 and the Dy. Chief Executive Officer, Goa Industrial Development Corporation was respondent no. 2, in the said L.A.C. No. 71/2000. The parties shall be referred to in the manner as they appear in the cause title of the impugned Award. 3. Heard Mr. A. F. Diniz, learned counsel for the applicant, Mr. Narvenkar, learned Additional Government for the respondent no. 1 and Mr. H. D. Naik, learned counsel for the respondent no.2. 4. Vide notification issued under section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as “the Act”) and published in the Official Gazette dated 5/10/...
V.M. Salgaoncar and Brother Pvt. Ltd. and Another Vs. the Deputy Colle ...
Court: Mumbai Goa
Decided on: Sep-17-2012
U.V. Bakre, J. The above two appeals are taken up together for final disposal since both of them arise from the judgment and award dated 30/1/2006 passed by the learned District Judge, South Goa, Margao (Reference Court, for short) in Land Acquisition Case No. 71/2000. 2. The appellant in First Appeal No. 145/2006 was the applicant; the Dy. Collector and S.D.O., Quepem was respondent no. 1 and the Dy. Chief Executive Officer, Goa Industrial Development Corporation was respondent no. 2, in the said L.A.C. No. 71/2000. The parties shall be referred to in the manner as they appear in the cause title of the impugned Award. 3. Heard Mr. A. F. Diniz, learned counsel for the applicant, Mr. Narvenkar, learned Additional Government for the respondent no. 1 and Mr. H. D. Naik, learned counsel for the respondent no.2. 4. Vide notification issued under section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) and published in the Official Gazette dated 5/10/1987, land was...
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