Court : Mumbai Goa
U.V. Bakre, J. Heard. 2. Rule. The Learned Additional Government Advocate waives service of notice on behalf of respondents no.1 to 5. 3. Heard forthwith with the consent of learned Counsel for the parties. 4. Alleging that there is unregulated trading, transportation and sale of ground water by various agencies such as private transporters, industrial establishments, hoteliers, restauranteurs, builders, developers, mining companies, and other commercial establishments, who are exploiting ground water by digging tube wells and bore wells,etc. without permissions, and which is having a severe impact on the ground water table in the State of Goa and stating that urgent steps are needed to be taken for regulation and control of the usage of ground-water for commercial purposes as per the orders/ directions issued by the Government and in accordance with the provisions of Goa Groundwater Regulation Act and the Rules framed thereunder and further submitting that the respondents no.2 to 4 ha...
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Oral Judgment: This revision application is directed against the order dated 30th January, 2012 by which the Criminal Appeal preferred by respondent no.1 herein against interim order dated 28th November, 2011 passed by the Judicial Magistrate First Class, 'C' Court, Mapusa, granting interim custody of the girl child aged 5 years to the petitioner was allowed. The petitioner is the mother and respondent no.1 is the father of the child. 2. In her application for custody of the daughter, the petitioner alleges that on 25th May, 2011, at around 1.00 p.m., there was a quarrel between the husband and wife. The respondent abused her and forced her to leave the house. Consequently, the petitioner had to take refuge with the landlady who lived close-by. At about 4.00 a.m. the respondent forcibly grabbed the child sleeping with the petitioner and left the house on his scooter. It is the case of the petitioner that she waited on that day till 8.00 p.m. in the hope that the respondent would calm d...
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U.V. Bakre, J. 1. Rule, returnable forthwith. Learned Counsel for the respondents waive service of Rule. By consent, taken up for hearing forthwith. 2. By this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has prayed for a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction thereby quashing the Memorandum/Article of Charge dated 7/02/2011 and for a declaration that termination of the petitioner by impugned letter dated 01/08/2012 is null and void. 3. The petitioner joined respondent no.1 as Deputy General Manager (Finance), [redesigned as Additional General Manager (Finance)] on 3/7/1996 and served till 13/8/2001, after which he was appointed as General Manager (Finance) of Respondent no.1, through open advertisement on 14/8/2001 and he served as such till 4/11/2003. Upon request made by the petitioner by letter dated 3/11/2003 to the respondent no.1 for permission to relinquish from the post of...
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A.P. Lavande, J. By this petition, the petitioner has sought the following reliefs: a) For a writ of certiorari or writ in the nature of certiorari or any other appropriate writ, order or direction calling for the records and proceedings of the case from the respondent No.1 and upon perusing the same to quash and set aside the promotion order dated 9-9-2003 (exhibit E) and 24-3-2006 (exhibit L). b) For a writ of Mandamus or writ in the nature of Mandamus or any other appropriate writ or direction commanding the Respondent No.1 to promote the Petitioner to the post of Assistant Traffic Manager with effect from 9-9-2003 and any rate 24-3-2006 along with all consequential benefits. In the alternate the Petitioner is entitled for a appropriate writ, Order or direction commanding the Respondent No.1 to consider the case of the Petitioner for promotion to the post of Assistant Traffic Manager without taking into account the alleged and any rate uncommunicated adverse remarks. 2. Briefly, the...
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Oral Judgment: (CJ.) This is a Writ Petition filed under Articles 226 and 227 of the Constitution of India. The Writ Petitioners Goa Cricket Association, a Society registered under the Societies Registration Act, and its General Secretary have challenged the order dated 07.10.2010 of the State Chief Information Commissioner allowing the complaint No.518/SCIC/2010. The State Chief Information Commissioner after overruling the preliminary objection raised by the complainant has directed the Goa Cricket Association to furnish the information to the complainant sought by him by his application dated 12.07.2010. 2. Shri M. Sonak, learned counsel appearing for the petitioners has challenged the order on the following grounds : (i) The impugned order is without jurisdiction as the State Chief Information Commissioner by himself could not have disposed of the application. Relying on the decision of Division Bench of this Court in Public Information Officer and Anr. Vs. Manohar Parrikar and anr...
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Oral Judgment: (A.P. Lavande, J.) By this petition, the petitioner had sought for the following reliefs: (A) This Honourable Court be pleased to issue an appropriate writ, order or direction from this Hon'ble Court to quash and set aside the impugned communication dated 28.07.2006 issued to the petitioner by the respondent no.3. (B) This Hon'ble Court also be pleased to issue an appropriate writ, order or direction, commanding the respondents to grant the benefits of the said amendment to the petitioner and consequently to continue the petitioner in service till the age of 60 years; (C) In the alternative and at any rate, this Hon'ble Court be pleased to issue an appropriate writ, order and direction to strike down the cut off date of 18.04.2006, i.e. the date on which the said amendment came into force and consequently the teachers, such as petitioner whose date of birth is between 01.04.1948 and 17.04.1948 are also awarded the enhanced age of superannuation of 60 years; (D) Pending t...
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Oral Judgment: (A.P. Lavande, J.) By this petition, the petitioners has sought for the following reliefs: (a) This Honourable Court be pleased to grant an appropriate writ, order or direction commanding the respondents to grant the benefit of the said amendment to the petitioners and consequently to continue the petitioners in service till the age of 60 years; (b) In the alternative this Honourable Court be pleased to grant an appropriate writ, order and direction to strike down the cut off date of 18.04.2006 i.e. the date on which the said amendment came into force so as to the teachers as that of the petitioners whose date of birth is between 01.04.1948 and 17.04.1948 are also awarded the enhanced age of superannuation of 60 years; (c) In the alternative, this Honourable Court be pleased to expeditiously decide the present petition by fixing a peremptory date; (d) This Honourable Court be pleased to issue a writ of mandamus or writ in the nature of mandamus or any other appropriate w...
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This appeal arises out of the Judgment and Award dated 20/6/2005 passed by the learned Additional District Judge, South Goa at Margao in Land Acquisition Case No. 15/1996. 2. Facts giving rise to the appeal are as follows: The Government had acquired land for construction of road from Fatorpa to Cuncolim (Palki road) Phase-I. This included an area of 600 square metres of the property bearing survey no. 34/3 of Village Fatorpa. The award came to be passed by the Land Acquisition Officer on 22/12/1993. Since there was a dispute regarding the apportionment of compensation, a reference under section 30 of the Land Acquisition Act, 1894 was made by the Land Acquisition Officer to the District Judge, South Goa, which came to be registered as Land Acquisition Case No. 15/1996. 3. The parties no. 1 to 5, 8, 11, 12 and the legal heirs of Parties No. 6, 7, 9 and 10 filed their common written statement dated 20/8/1998 in which they stated as under: They are entitled for entire compensation since ...
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Oral Judgment: The petitioner is the Regional Passport Officer, who seeks to challenge the Order dated 18.07.2012, passed by the learned J.M.F.C., Margao, on Criminal Misc. Application No.314/2012, partly allowing the said application and granting a declaration of the date of birth of the Respondent. 2. The brief facts leading to the present Petition are that on discovery by the Respondent that his passport bearing No.A6306713 wrongly mentions his date of birth as 10.10.1965 instead of 10.10.1967, he filed Criminal Miscellaneous Application in the Court of the Judicial Magistrate, First Class at Margao, under Section 5(2) of the Passport Act, 1967, Section 21 of General Clauses Act 1897 and under Registration of Births and Deaths Act, 1969, for carrying out the correction therein. The application was partly allowed to grant a declaration of the correct date of birth but rejecting request for direction to the petitioner to carry out the correction in the passport. The reasons set out fo...
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This appeal is by the State to challenge the correctness and legality of the judgment and order dated 10/09/2009 by which the Sessions Court acquitted the respondents of the offences punishable under Section 304-B, 498-A and 306 read with Section 34 Indian Penal Code. 2. Rachana, the deceased, was married to respondent no.1 on 21/04/2003. Barely one year thereafter i.e. on 28/04/2004 she set herself on fire with petrol and died in the hospital on 5/05/2004. PW5, the brother of Rachana by his letter dated 18/05/2004 addressed to Sub-Divisional Magistrate (PW11) complained that Rachana had committed suicide on account of the harassment meted out to her by the respondents i.e. her husband, parents-in-law, brother-in-law and sister-in-law. On 23/08/2004, PW11 addressed an order to the Police Inspector, Old Goa Police Station, Panaji-Goa that on perusal of the statements recorded by the police and the dying declaration of Rachana it was seen that Rachana had committed suicide on account of ...
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