Mumbai Goa Court October 2013 Judgments
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Jaiwant Babuso Chodankar and Others Vs. Namdev Babuso Chodankar and Ot ...
Court: Mumbai Goa
Decided on: Oct-11-2013
Oral Judgment: This Second Appeal was filed by the original defendant nos. 1 to 4/appellants herein challenging judgment and decree dated 10th June, 2002 passed by the Lower Appellate Court. Respondent no.1 herein who is the plaintiff, filed a suit for declaration and permanent injunction. The appellants herein are relatives of the original plaintiff/respondent no.1 herein. 2. The plaintiff contended in the suit that in the village of Guirim, there exists a vast property known as Collounch alias Vancio belonging to one Pedro Incacio Gonsalves. One residential house, which is situated there was occupied by late Babuso R. Chodankar somewhere in the year 1954 which is surveyed under No. 54-9 and bearing house no. E-102 admeasuring 122 square metres. The said house is referred to as the suit house. Besides this house, late Babuso Chodankar, the father of plaintiff possessed three paddy fields which were described as under:- a) A paddy field known as Kudshet situated at Mapusa and admeasuri...
Dr. Bugui Dessai Vs. Goa University, Through Its Registrar and Others
Court: Mumbai Goa
Decided on: Oct-10-2013
Naresh H. Patil, J. The petitioner prays for a writ of certiorari to quash and set aside the impugned order dated 24th April, 2003 passed by respondent no.1 refixing and revising the scale granted to the petitioner with retrospective effect and the order dated 16th December, 2004 passed by respondent No.2, along with the interim reliefs, as prayed in the petition. 2. The petitioner contends that he was appointed as a Reader in Inorganic Chemistry in June, 1987 by the respondents. He was confirmed in service w.e.f. 20th June, 1989, after 2 years' of probation as per the Rules in force at the relevant time. By an order dated 12th September, 1992, the respondent informed the petitioner that the Vice Chancellor was pleased to appoint the petitioner to the post of Reader in Inorganic Chemistry under Statue No.107.13 on a basic pay of Rs.3700/- in the pay scale of Rs.3700-125-4950-150-5700 with effect from 1.1.1986 and that the date of increment should be 1.1.1987. 3. The petitioner contends...
Smt. Kanchan Ramdas Morascar Vs. Dr. Armando Joao Benedito Mascarenhas ...
Court: Mumbai Goa
Decided on: Oct-10-2013
1. Rule. With the consent of the learned Counsel for the parties, made returnable forthwith and heard. 2. The writ jurisdiction of this Court is invoked against the judgment and order dated 22/08/2012 passed by the Administrative Tribunal, Goa by which order, the application dated 05/01/2012 filed by the petitioner herein under Section 32(1) and the application filed by the respondents under Section 32(4) of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 ('the Rent Act' for short) came to be disposed of inasmuch as the application filed by the respondents came to be allowed and the proceedings filed under Section 22(2)(f) of the Rent Act came to be stopped and the petitioner herein was directed to vacate the suit premises within two months from the date of the order and put the respondents in possession of the said premises. 3. The facts necessary to be cited for adjudication of the above petition can in brief be stated thus: The petitioner is the tenant ...
Smt. Jaiwanti Narayan Kamat, (Since deceased) Through legal representa ...
Court: Mumbai Goa
Decided on: Oct-04-2013
Heard Mrs. Agni, learned Counsel appearing for the Petitioners and Shri Valmiki Menezes, learned Counsel appearing for the Respondents. 2. The above Petition, inter alia, seeks for a writ of certoriari or writ in the nature of certoriari to quash and set aside the Judgment and Order dated 13.05.2009 passed by the learned Administrative Tribunal and the Orders dated 05.01.2006 and 16.03.2004 passed by the learned Deputy Collector and S.D. O. Panaji, and the learned Joint Mamlatdar, Panaji. 3. Briefly, the facts of the case as stated by the Petitioners are that the Petitioners reside in a House no. E-119 situated at Goltim, Navelim, surveyed under no. 10/26 of which the Respondents are the owners/Bhatkars thereof. It is also the case of the Petitioners that in view of the consent obtained from the Respondents and due to deemed consent, they have been residing in the suit house since the year 1973 and, as such, on account of deemed consent, as no suit for eviction has been filed against t...
Dr. Eurico Da Silva and Others Vs. Special Land Acquisition Officer an ...
Court: Mumbai Goa
Decided on: Oct-04-2013
NareshH. Patil, J. These two appeals arise out of the judgment and award passed on 30/01/2003 by IIIrd Additional District Judge, South Goa, Margao in Land Acquisition Case No. 231 of 1994. They are being disposed of by this Common Judgment. 2. The claimant owned property bearing survey no.39/7 which was admeasuring 5000 square metres. Out of the said total area, land about 800 square metres was acquired in the year 1991 for laying down railway track. The notification under Section 4 of the Land Acquisition Act (for short, 'L.A. Act') was issued on 08/08/1991 and the notification under Section 6 was issued on 6/11/1991. The Land Acquisition Officer passed award on 06/10/1993, wherein, the acquired land was awarded compensation at the rate of Rs. 23/- per square metre. The record reveals that the compensation of the subject property was taken by applying urgency clause, in view of the provisions under Section 17 of the L.A. Act, on 09/07/1992. 3. The applicant preferred Reference under ...
M/S. Kundil Alloys Pvt. Ltd. Vs. Govind Fadte and Others
Court: Mumbai Goa
Decided on: Oct-01-2013
Oral Judgment: Rule in Writ Petitions No.59 of 2013, 62 of 2013 and 67 of 2013 with the consent of the learned Counsel for the parties made returnable forthwith and heard. In so far as Writ Petition no.813 of 2012 is concerned, rule came to be issued in the said Writ Petition on 13/06/2013. By consent of the learned Counsel for the parties, the said Writ Petition is also taken up for hearing along with the other three Writ Petitions. 2. The above Writ Petitions filed under Article 226 and 227 of the Constitution of India arise out of orders each dated 30/04/2012. By the said orders the applications filed by the petitioner-company in the pending references under the Industrial Disputes Act for being permitted to amend the written statement so as to incorporate an averment that in the event the Industrial Tribunal holds the inquiry as vitiated on any grounds it should be allowed to lead evidence in Court came to be rejected. The Industrial Tribunal would be hereinafter referred to as the...
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