Mumbai Goa Court September 2012 Judgments
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Sheikh Shabbir Vs. Shaikh Yusuf
Court: Mumbai Goa
Decided on: Sep-10-2012
Oral Judgment: Heard Mr. Sudesh Usgaonkar, learned Counsel for the appellant and Mr. Pereira, learned Counsel for the respondent. 2. By this appeal, the appellant ('the accused') takes exception to the judgment and order dated 31/12/2009 passed by the Judicial Magistrate, First Class, Vasco-da-Gama in Criminal Case No.66/OA/NIA/09/C acquitting the respondent of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 ('the Act' for short). 3. The case of the complainant in brief is as follows: The accused approached the complainant with the proposal that he wanted to extend his business of processing quick and quality photo film processing, by purchasing New Digital Film Processing Unit, Konica 808 Gold, run by him under the name and style F. M. Studio and requested the complainant to invest an amount of Rs.5 Lakhs in the said business. The accused also assured the complainant that the business would fetch good profits and the complainant would get an amount of ...
Antonio Sebastiao Gandalupe Da Costa, (Since Deceased) Through His Leg ...
Court: Mumbai Goa
Decided on: Sep-07-2012
This is plaintiffs' Second Appeal. 2. The plaintiffs had filed Special Civil Suit No. 22/78/I for a declaration that they are entitled to ownership and possession of right to one half of the five properties identified in the plaint with the right to enjoy one half of its produce from the said properties, the same right being acquired by them by way of succession and prescription. The plaintiffs further prayed for permanent injunction to restrain the defendants from obstructing the plaintiffs, their families and servants from entering and staying in the suit house no. 12970 and from collecting their share in the income of the properties identified in the plaint. The plaintiffs lastly prayed for mandatory injunction directing the defendants who are in charge of the said agricultural properties to deliver to the plaintiff annually half of the produce in kind or money valued at Rs. 200/- since 15/06/1976 onwards. 3. Case of the plaintiffs was as follows: The plaintiff no.1 and Benedito Fra...
Escolastico Mazarello Vs. Dr. Stacey Moraes
Court: Mumbai Goa
Decided on: Sep-07-2012
This is plaintiff’s Second Appeal. 2. The plaintiff had filed Special Civil Suit No. 237/91/A for declaration that the defendant has no right to occupy the room of the flat on the first floor of the northern block belonging to the plaintiff in the building named “Bela Vista Apartments” after revocation of the licence and expiry of 30 days time given to him to quit and vacate the said room; for direction to the defendant to quit and vacate the said room and lastly for recovery of monthly fee of Rs. 250/- from December, 1990 to May, 1991 and for payment of compensation of Rs.1000/- per month by the defendant from June 1991 for illegal possession of the said room till the same is restored to the plaintiff. 3. Case of the plaintiff, in short, was as follows: He is the owner of a flat located on the first floor of the northern block facing the Luiz Miranda Road, Margao in the building known as “Belavista Apartments”. The second floor of the said northern block ...
Jeremias Serafino Basilio Rodrigues Vs. M/S. P.V. Builders, Through It ...
Court: Mumbai Goa
Decided on: Sep-07-2012
Oral Judgment : Heard Shri J. Godinho, learned Counsel appearing for the petitioner and Ms. Susan Linhares, learned Counsel appearing for the respondent. 2. Rule. Heard forthwith with the consent of the learned Counsel. Learned Counsel appearing for the respondent waives service. 3. The above petition challenges an order passed by the learned Civil Judge, Junior Division at Mapusa dated 12/06/2012 whereby an application under order 6 Rule 17 of the Civil Procedure Code for amendment of the plaint came to be rejected. 4. Briefly, the facts of the case are that the petitioner filed the suit against the respondent inter alia raising the dispute with regard to the legality of the construction put up by the respondent in the property surveyed under no. 59/11 of Arpora Nagoa, Bardez Taluka. On the basis of such allegations the petitioner sought for a permanent injunction to restrain the respondent from carrying out any such construction and for mandatory injunction to demolish such construct...
State (Cbi) Vs. Bhimraj Sagar and Another
Court: Mumbai Goa
Decided on: Sep-07-2012
Oral Judgment: This appeal has been preferred by CBI, challenging the order of acquittal dated 1st December, 2004, passed by the Special Judge, South Goa, Margao in Special Case No. 4 of 2002 (new), acquitting the respondent-accused of the offence punishable under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988. 2. The charge against the respondent-accused was that for the period from 17.1.1989 to June, 1995, while functioning as Operation Officer at Hindustan Petroleum Corporation Ltd., Vasco Terminal, Vasco-da-Gama, Goa he abused his official position and amassed wealth disproportionate to his known source of income i.e. he acquired total assets worth Rs.8,33,000/- and was in possession of disproportionate assets to the tune of Rs. 4,58,773/- and thereby committed an offence punishable under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988. 3. The accused pleaded not guilty to the charge. 4. Prosecution examined 25 ...
State of Goa, Through the Land Acquisition Officer Pwd (Cell) and Anot ...
Court: Mumbai Goa
Decided on: Sep-07-2012
Oral Judgment: This common judgment shall dispose all the above four appeals which arise out of the common judgment and award, dated 29/8/2002, passed by the learned Additional District Judge, South Goa (Reference Court, for short) in Land Acquisition Cases No. 228/1993, 229/1993, 230/1993 and 231/1993. 2. The applicants as well as the respondents are the same in all the said four cases. The parties shall hereinafter be referred to in the manner in which they appear in the cause title of the said land acquisition cases. 3. Vide notification published under Section 4(1) of the Land Acquisition Act, 1894 (L. A. Act, for short), in the Official Gazette dated 27/8/1987, land was acquired for improvement and black topping of Gorvotte road in V. P. Nuvem of Salcete Taluka. This included an area of 460 square metres of land from survey no. 66/1 of Nuvem village. The Land Acquisition Officer (L.A.O., for short) offered compensation at the rate of Rs. 5/- per square metre to the acquired land. ...
Jeremias Serafino Basilio Rodrigues Vs. M/S. P.V. Builders, Through It ...
Court: Mumbai Goa
Decided on: Sep-07-2012
Oral Judgment : Heard Shri J. Godinho, learned Counsel appearing for the petitioner and Ms. Susan Linhares, learned Counsel appearing for the respondent. 2. Rule. Heard forthwith with the consent of the learned Counsel. Learned Counsel appearing for the respondent waives service. 3. The above petition challenges an order passed by the learned Civil Judge, Junior Division at Mapusa dated 12/06/2012 whereby an application under order 6 Rule 17 of the Civil Procedure Code for amendment of the plaint came to be rejected. 4. Briefly, the facts of the case are that the petitioner filed the suit against the respondent inter alia raising the dispute with regard to the legality of the construction put up by the respondent in the property surveyed under no. 59/11 of Arpora Nagoa, Bardez Taluka. On the basis of such allegations the petitioner sought for a permanent injunction to restrain the respondent from carrying out any such construction and for mandatory injunction to demolish such construct...
Antonio Sebastiao Gandalupe Da Costa, (Since Deceased) Through His Leg ...
Court: Mumbai Goa
Decided on: Sep-07-2012
This is plaintiffs' Second Appeal. 2. The plaintiffs had filed Special Civil Suit No. 22/78/I for a declaration that they are entitled to ownership and possession of right to one half of the five properties identified in the plaint with the right to enjoy one half of its produce from the said properties, the same right being acquired by them by way of succession and prescription. The plaintiffs further prayed for permanent injunction to restrain the defendants from obstructing the plaintiffs, their families and servants from entering and staying in the suit house no. 12970 and from collecting their share in the income of the properties identified in the plaint. The plaintiffs lastly prayed for mandatory injunction directing the defendants who are in charge of the said agricultural properties to deliver to the plaintiff annually half of the produce in kind or money valued at Rs. 200/- since 15/06/1976 onwards. 3. Case of the plaintiffs was as follows: The plaintiff no.1 and Benedito Fra...
State of Goa, Through the Land Acquisition Officer Pwd (Cell) and Anot ...
Court: Mumbai Goa
Decided on: Sep-07-2012
Oral Judgment: This common judgment shall dispose all the above four appeals which arise out of the common judgment and award, dated 29/8/2002, passed by the learned Additional District Judge, South Goa (Reference Court, for short) in Land Acquisition Cases No. 228/1993, 229/1993, 230/1993 and 231/1993. 2. The applicants as well as the respondents are the same in all the said four cases. The parties shall hereinafter be referred to in the manner in which they appear in the cause title of the said land acquisition cases. 3. Vide notification published under Section 4(1) of the Land Acquisition Act, 1894 (L. A. Act, for short), in the Official Gazette dated 27/8/1987, land was acquired for improvement and black topping of Gorvotte road in V. P. Nuvem of Salcete Taluka. This included an area of 460 square metres of land from survey no. 66/1 of Nuvem village. The Land Acquisition Officer (L.A.O., for short) offered compensation at the rate of Rs. 5/- per square metre to the acquired land. ...
Smt. Vasanati Narayan Naik and Others Vs. Guru Shirodkar Alias Guru Ma ...
Court: Mumbai Goa
Decided on: Sep-06-2012
Oral Judgment: Heard Shri Pangam, learned Counsel appearing for the Petitioners, Shri G. Shirodkar, learned Counsel, in person and representing Respondent nos. 1 to 5, 7, 9 and 10 and Shri S. R. Rivonkar, learned Counsel appearing for the Respondent nos. 11 and 12. 2. Rule. Heard forthwith with the consent of the learned Counsel and the respective parties. The learned Counsel appearing for the Respondents waives service. 3. The short point for consideration in the above Petition is the legality of the Order dated 30.06.2011 passed in Misc. 138/11/COND/TRA in Tenancy Revision Application no. UN-REG./2011. By the impugned Order, the Tribunal has refused to condone the delay occasioned to the Petitioners to file a revision challenging an Order passed by the learned Deputy Collector dated 29.04.2009 in Tenancy Revision Application no. 25/2008 upholding the Order of the learned Mamlatdar, dated 18.11.2008. 4. Shri Pangam, learned Counsel appearing for the Petitioners, has assailed the impug...
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