Mumbai Goa Court December 2013 Judgments
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Khr Hospitality India Ltd. and Another Vs. State of Goa, Through Secre ...
Court: Mumbai Goa
Decided on: Dec-24-2013
Oral Judgment: (B.R. Gavai, J.) Rule made returnable forthwith. 2. Heard by consent. 3. The petitioners have approached this Court initially for a writ or order or direction thereby quashing and setting aside the impugned communication dated 12.11.2013passed by the respondent no. 3/Gram Panchayat thereby resolving to keep the application of petitioner for grant of NOC pending. 4. However during the pendency of the petitioner, the respondent no. 3 Panchayat has passed a resolution on 17.12.2013 thereby refusing permission on the ground that the property in question is designated in CRZ-III area and, as such, no construction is permitted. 5. We have heard Mr. Dessai, learned Senior Counsel for the petitioner, Mr. C. A. Coutinho, learned Advocate for the respondent no. 3 and Mr. Alex Pereira, intervenor in person yesterday on 23.12.2013. 6. Since prima facie we are of the view that the resolution passed by the Gram Panchayat which is the contempt of the order passed by this Court in Writ ...
Haast Precision Pvt. Ltd. Rep. by Its Director Amarprit Singh and Othe ...
Court: Mumbai Goa
Decided on: Dec-23-2013
Oral Judgment:(B.R. Gavai, J.) 1. The Petitioners have approached this Court praying for a writ of mandamus or any other writ, order or direction directing the Respondent nos. 1 and 2 not to in any manner, act in furtherance of the announcement and declaration of results on 11th December, 2013, that a consortium consisting of Respondent nos. 3 to 5 is the lowest bidder and further not to award the contract of providing beach life guarding and water safety services in Goa to the Respondent nos. 3 to 5 in terms of Tender dated 23/09.2013. 2. The facts in brief giving rise to the present Petition are as follows : The Department of the Tourism of State of Goa, had invited Tenders vide notice dated 23.09.2013. The Tender notice was by E-tendering mode only. The work in question was for development, deployment, management and operations of water safety patrol with all state of the art facilities/systems on turnkey basis at nominated water bodies for the Department of Tourism of the State of ...
The New India Assurance Co. Ltd. Vs. Smt. Gunji Chakramma and Others
Court: Mumbai Goa
Decided on: Dec-21-2013
The appellant has approached this Court being aggrieved by the judgment and order dated 6.6.2009 passed by the learned Motor Accident Claims Tribunal, Panaji thereby holding that the respondent nos. 1, 2 and 3 herein (Original claimants) were entitled to receive the total compensation of Rs.7,56,760/- and directing the respondent nos.1, 3 and 4 in the claim petition to pay the said amount jointly and severally to the claimants alongwith interest of 9% per annum from the date of filing of the petition till the date of entire payment. 2. Parties shall be hereinafter referred to as they appears in the claim petition. 3. The facts which are giving rise to the present appeal are as under:- On 15.4.1994 at around 11.15 hours the deceased was riding scooter No. GDK-923 and was traveling from Santa Cruz towards Panaji and at that time two youngsters respondent no.2 being the rider, came from opposite direction on Yamaha motorcycle No. GDK-661, owned by the respondent no.4 and insured with the ...
Santana Antonio Eugenio Presently in Central Jail Vs. State of Goa, Th ...
Court: Mumbai Goa
Decided on: Dec-18-2013
F.M. Reis, J. The above Appeal challenges the Judgment dated 04.08.2012 passed in Sessions Case no.8 of 2010, whereby the appellant was convicted for offences punishable under Section 302 of the Indian Penal Code and sentenced to life imprisonment and to pay a fine of Rs.5,000/- or in default further one year rigorous imprisonment. 2. The appellant was charged under Section 302 of the Indian Penal Code on the ground that on 09.11.2009 at about 19.45 hours, at house no.39, Torsawado, Nagoa, Verna, that the appellant had committed murder of Smt. Faustine Rebello. The learned Sessions Judge examined on behalf of the prosecution/respondents herein 20 witnesses including the Investigating Officer. After recording the statement of the appellant under Section 313 of Cr. P.C., the learned Sessions Judge by the impugned Judgment came to the conclusion that the prosecution had proved its case by clinching and reliable evidence. 3. Being aggrieved by the said Judgment and the sentence imposed up...
Francisco Dâcosta and Another Vs. Francisco Xavier Dâcosta a ...
Court: Mumbai Goa
Decided on: Dec-17-2013
Heard Mr. Kakodkar, learned Counsel appearing on behalf of the appellants and Mr. Ramani, learned Counsel appearing on behalf of the respondents. 2. Admit on the following substantial questions of law: (i) Whether the Courts below erred, misconstrued and misinterpreted the Deed of Partition dated 24/07/1991 to arrive at a conclusion that the Respondent no.1 had constructed the suit house exclusively from his own expenses and he is the owner of the suit house? (ii) Whether the Courts below committed error of law by not analysing the evidence to know the real intention of the parties for execution of the said Partition Deed dated 24/07/1991 and thus misinterpreted Section 92 of the Indian Evidence Act? (iii) Whether the Courts below committed error of law to conclude that the possession follows ownership and that the Respondents are the only owners of the suit house when admittedly licence of the same stands in the name of father of the Appellant No.1 and the Respondent no.1 and that the...
State (Through Pernem Police Station) Vs. Eknath Thakur (Major) and An ...
Court: Mumbai Goa
Decided on: Dec-17-2013
Oral Judgment: Heard Mr. Rivankar, learned Public Prosecutor for the petitioner, Ms. Collasso, learned Counsel for the respondents and Ms. Matkar, learned Amicus Curiae. 2. Rule. Rule made returnable forthwith. By consent heard forthwith. 3. By this Revision Application, the State has prayed for quashing and setting aside the Order dated 13/08/2013 passed by the learned Additional Sessions Judge, Mapusa, Goa in Sessions Case No. 43 of 2013. 4. Charge sheet was filed by Pernem Police against the respondents (accused persons) for offence punishable under Section 302 r/w Section 34 of Indian Penal Code (I.P.C.) alleging that on 31/03/2013 between 13.30 hours to 14.30 hours at Naphale, Nanachepani, Varkhand, Pernem, Goa, the accused persons, in furtherance of their common intention, assaulted Shri Sadanand Thakur with wooden danda and laterite stone, due to previous enmity over the issue of sharing of ancestral landed property and ancestral house and thereby caused serious injuries on his ...
Smt. Ida Berta Dos Remedios Cunha E Gomes (Since Deceased) and Others ...
Court: Mumbai Goa
Decided on: Dec-13-2013
Heard Mr. Thali, learned Counsel appearing for the petitioners, Mrs. Agni, learned Counsel appearing for respondent no. 1, Ms. Razaq, learned Counsel appearing for respondent no. 3, Mr. Agha, learned Counsel appearing for respondents no. 2, 4 and 5 and Mr. Almeida, learned Counsel for respondents no. 7, 8 and 9. 2. Rule. Rule made returnable forthwith. Learned Counsel for the respondents waive service of notice. By consent, heard forthwith. 3. By this petition, the petitioners have challenged the order dated 02/04/2013 passed by the learned Civil Judge, Senior Division, Vasco Da Gama in Special Civil Suit No. 65/97/B. 4. The said Special Civil Suit No. 65/97/B has been filed by the respondent no. 6, since deceased, now through his legal representatives namely the respondents no. 7 to 9, for declaration and consequential reliefs. The petitioners are the defendants no. 4, 5 and 6; respondent no. 1 is the defendant no.1; respondent no. 2 is the defendant no. 2; respondent no. 3 is the def...
Riva Resorts Pvt. Ltd. and Another Vs. State of Goa and Others
Court: Mumbai Goa
Decided on: Dec-12-2013
Oral Judgment: (B.R. Gavai, J.) 1. Heard. Rule. Rule made returnable forthwith. Heard by consent. 2. The petitioners have approached this Court, praying for quashing and setting aside of the notifications issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter, referred to as the said Act) 3. Petitioner No.1 is owner of the property bearing Survey No. 277/2 (part) of Village Mandrem of Pernem Taluka. A notification dated 19th August, 2011 came to be issued under Section 4 of the said Act, intending to acquire the land along with other lands, for the public purpose of construction of sports village at Mandrem. 4. The petitioners, along with others, had submitted their objections under Section 5-A of the said Act. The Land Acquisition Officer subsequently submitted a report to the State Government under Section 5-A. According to the petitioners, Section 6 notification came to be published after a period of one year from the last publication of Section 4 inasmuch as a...
Mrs. Sandra Lee Stephan and Another Vs. Miguel Francisco Gomes
Court: Mumbai Goa
Decided on: Dec-11-2013
Oral Judgment: Heard Mr. Diniz, learned Counsel appearing on behalf of the appellants and Mr. Mahambrey, learned Counsel appearing on behalf of the respondent. 2. Admit. By consent, heard forthwith. 3. This appeal is directed against the order dated 16/04/2013 passed by the learned Additional Adhoc Senior Civil Judge, Margao on exhibit D-4 in Special Civil Suit No. 9/2012/III. 4. The appellants are the plaintiffs in the said suit whereas the respondent is the defendant. The parties shall hereinafter be referred to in the manner in which they are designated in the cause title of the said suit. 5. The plaintiffs have filed the said suit for specific performance of contracts, declarations and permanent injunction. Suit Row House is the Row House bearing No. RH-19 admeasuring 139.00 square metres situated in the complex known as Danika Residency, Phase No.II situated at Grande Vanelim, Salcete Taluka, whereas suit Apartment is the Apartment bearing No. AF/2 admeasuring 90.00 square metres ...
Gaddu Zaraunkar Vs. Village Panchayat of Velim Through the Sarpanch/ S ...
Court: Mumbai Goa
Decided on: Dec-11-2013
Heard Mr. Usgaonkar, learned Counsel appearing on behalf of the petitioner; Mr. Coutinho, learned Counsel appearing on behalf of respondent no. 2 as also Mr. Palekar, the learned Counsel appearing on behalf of respondent no.1, in both the petitions. 2. This common judgment shall dispose of both the writ petitions, since common question of law is involved. 3. Rule. Rule made returnable forth with. Learned Counsel appearing on behalf of the respondents waive service of notice. By consent, heard forthwith. 4. By these petitions, the petitioner has challenged the orders dated 14/06/2013 passed by the learned Adhoc District Judge-II, South Goa, Margao, respectively, in Civil Revision Applications No. 25/2011/FTC/II and 26/2011/FTC/II. 5. A notice dated 20/03/2006 was issued by the Deputy Director of Panchayats, South Goa, Margao, to the petitioner and respondent no. 1, stating that it had received a complaint about illegal construction of pucca house No. 595/A and a cowshed in the property ...
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