Mumbai Goa Court March 2013 Judgments
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Teodolinda Dias Mandoly C. Viegas and Others Vs. Laurie Hermegeild Per ...
Court: Mumbai Goa
Decided on: Mar-15-2013
Oral Judgment: Heard Shri A.D. Bhobe, learned Counsel appearing for the petitioners. None for the respondents though served. 2. Rule heard forthwith. The notice issued to the respondents was for disposal of the above petition at the stage of admission. 3. The above petition challenges an order passed by the learned Civil Judge Junior Division at Margao dated 22/08/2012 whereby an application for amendment filed by the petitioners came to be rejected. 4. Briefly, the facts as submitted by Shri A.D. Bhobe, learned Counsel appearing for the petitioners are that the petitioners filed the suit for declaration and permanent injunction with regard to the structure located in the property of the petitioners. 5. The respondent no.1 in his written statement disputed the claim of the petitioners and inter alia claimed that he is the mundkar of the disputed premises. It is further contended that before the affidavit evidence was filed in the Court the petitioners filed an application for amendment...
Agostinho Cardozo Vs. Smt. Alzira Cardoza and Another
Court: Mumbai Goa
Decided on: Mar-12-2013
Oral Judgment: Heard Shri J. Godinho, learned Counsel appearing for the Petitioner and Shri Joshi, learned Counsel appearing for the Respondent no.1. 2. The above Petition challenges an Order dated 17.04.2011, passed by the learned J.M.F.C., Panaji, whereby the objections raised by the Petitioner to the application for maintenance filed by the Respondent no.1, came to be dismissed. 3. Shri Godinho, learned Counsel appearing for the Petitioner, has pointed out that an application has been filed by the Respondent no.1 to modify the amount of maintenance awarded in favour of the son Thomas Cardozo who was a minor at that time. Learned Counsel further pointed out that on the date of the filing of the said application, the said minor son had already attained majority and, as such, the application filed by the Respondent no.1 itself is not maintainable. Learned Counsel further pointed out that the relief which is sought by the Respondent no.1 is to modify the amount of maintenance for the pe...
Balkrishna V. Dessai, Technician, Goa Industrial Development Corporati ...
Court: Mumbai Goa
Decided on: Mar-11-2013
By this petition filed under Article 226 of the Constitution of India, the petitioners have sought the following reliefs: (A) that this Honourable Court be graciously pleased to issue a Writ of Certiorari or a Writ in the nature of Certiorari or any other appropriate Writ, order of direction calling for the records from the Respondent Corporation culminating in order of promotion of the Respondent no.2, to the post of Assistant Field Manager, and after examining the legality, validity, propriety and reasonability thereof, be pleased to quash and set-aside the order dated 23/12/2005; (B) that this Honourable Court be pleased to issue a Writ of Mandamus or Writ in the nature of Mandamus or any other appropriate Writ, order or direction commanding the Respondent Corporation to forthwith withdraw the order dated 23/12/2005; and further direct the Respondent Corporation to hold review Departmental Promotion Committee and fill up the post of Assistant Field Manager as per the Recruitment Rul...
Dy. Chief Officer, Goa Industrial Development Corporation Vs. Jesus Al ...
Court: Mumbai Goa
Decided on: Mar-08-2013
Oral Judgment: This appeal arises out of judgment and award dated 30/08/2006 passed by the learned Adhoc Additional District Judge, Fast Track Court II, South Goa, Margao in Land Acquisition Case No. 85 of 2000. 2. Parties shall hereinafter be referred to in the manner in which they appear in the cause title of the said Land Acquisition Case. 3. Vide notification issued under Section 4(1) of the Land Acquisition Act, 1894 ( the Act, for short) and published in the Official Gazette dated 05/10/1987, land was acquired for setting up an industrial estate at Verna Plateau. This included land bearing survey nos. 87/1 to 87/30 and 95/1 to 95/11, totally admeasuring 42,075 square metres, situated in Quelossim village of Mormugao taluka. By award dated 29/11/1994, the Land Acquisition Officer (L.A.O.) awarded different rates of compensation for various types of lands. The acquired land bearing survey nos. 87/1 to 87/6, 87/8 to 87/30, 95/1, 95/3 to 95/11, totally admeasuring 31,825 square metr...
Mrs. Teresa Rodrigues and Others Vs. State, Through the Deputy Collect ...
Court: Mumbai Goa
Decided on: Mar-08-2013
Oral Judgment: Heard Shri Nigel Da Costa Frias, learned Counsel appearing for the petitioners, Shri R. Menezes, learned Counsel appearing for respondents no.2 to 4 and Ms. S. Pai Kir, learned Additional Government Advocate appearing for respondent No.1. 2. The above petition seeks to quash and set aside by a writ or certiorari or any other writ in the nature of certiorari order or direction thereby quashing order dated 26/08/2009 passed by the learned Administrative Tribunal in Land Revenue Appeal No.51/2006. 3. Briefly, the facts of the case are that the respondents preferred an appeal challenging the judgment passed by the learned Deputy Collector dated 22/06/2006 whereby the rival claims of the appellants and respondents were decided in respect of various survey numbers of the property situated in the village of Curca. 4. Respondents no.2 to 4 on the assumption that the impugned judgment passed by the learned Deputy Collector was passed in exercise of powers under Section 56 of the ...
M/S Guala Closures (India) Pvt. Ltd. Vs. Regional P. F. Commissioner
Court: Mumbai Goa
Decided on: Mar-08-2013
Oral Judgment:- Heard Shri G. Sardessai, learned counsel appearing for the petitioner and Shri P. P. Singh, learned counsel appearing for the respondent. 2. The above petition inter-alia seeks to quash and set aside the order passed by the Appellant Tribunal dated 24.08.2011 while disposing of appeal preferred by the petitioner challenging the order dated 03.11.2009 passed by the Regional Provident Fund Commissioner. 3. During the course of the hearing of the above petition, Shri Sardesai, learned counsel appearing for the petitioner apart from raising contentions on merits of the dispute has pointed out that the Appellate Authority while disposing of the appeal preferred by the petitioner has not independently scrutinized the material on record to come to the conclusion that the trainees employed by the petitioner are to be treated as employees within the meaning of the Employees Provident Fund Act. The learned counsel has taken me through the impugned order and pointed out that apart...
State Through P.i. Vs. Ms. Anita Parab and Others
Court: Mumbai Goa
Decided on: Mar-07-2013
U.V. Bakre, J. 1. This appeal is directed against the Judgment and order dated 28/12/2006 passed by the learned Additional Sessions Judge, Margao in Sessions Case No. 11 of 2001. 2. The respondents were tried for offences punishable under Sections 143, 147, 148, 323, 326, 427, 307, 115 read with Section 149 of the Indian Penal Code (I.P.C., for short). The trial Court acquitted all of them. 3. Case of the prosecution, in short, is as follows: On 17/07/2000 between 20.00 hours to 20.30 hours at Palmar, Pomburpa, the accused nos. 1 to 5, in furtherance of their common intention, formed an unlawfully assembly armed with iron bar, dandas, etc. and damaged the fencing to the property of Shri George Fernandes and assaulted his family members including his wife Catharine, daughters Sonia and Sheela and one Keith D'Souza by means of knife and sword and caused grievous injuries to them. Accused no. 5 stabbed Keith D'souza with sword on his abdomen, back, etc. and he stabbed Catharine and Sheela...
Madhukar V. Khandeparkar, (Since Deceased) by Legal Representatives: a ...
Court: Mumbai Goa
Decided on: Mar-06-2013
U.V. Bakre, J. By this Letters Patent Appeal, the Judgment dated 14/11/2008 passed by the learned Single Judge of this Court in Writ Petition No. 282 of 1999 has been challenged. 2. Facts which are relevant for the purpose of disposal of this appeal, in short, are as follows : Eviction proceedings were initiated against the deceased appellant no.1 and his wife, the appellant no. 2(defendants) by respondents no. 2 to 7 and two others (plaintiffs), by way of Regular Civil Suit No. 267/1975 in the Court of Civil Judge, Junior Division, Panaji. The suit house is the house bearing Village Panchayat No. 525 situated at Taleigao. The Plaintiffs contended that the suit house was built up by one Radhabhai Khandeparkar alias Oidem, in the property of the plaintiffs with their permission and she was residing there alone as licensee and died in 1975 without leaving any heirs and upon her death, the suit house remained closed. The plaintiffs further claimed that on or about 28/07/1975, the defendan...
Jose Marie Albert Vales, Alias Robert Vales Vs. the District and Sessi ...
Court: Mumbai Goa
Decided on: Mar-05-2013
Oral Judgment: Heard Shri S. G. Bhobe, learned Counsel appearing for the Petitioner and Ms. Milena Pinto, learned Addl. Public Prosecutor appearing for the Respondent. 2. The above Petition challenges an Order passed by the learned Sessions Judge dated 31.07.2012 in the Revision challenging the Order dated 29.02.2012 passed by the learned JMFC, Margao, in Criminal Case no. 380/S/03 dismissing the application dated 25.01.2012 filed by the Petitioner, came to be rejected. 3. The short point for consideration in the above Petition is what procedure is to be followed in proceedings which have been initiated at the instance of the learned Sessions Judge for offences punishable under Section 193 of the Indian Penal Code which is a warrant triable case otherwise than on police report. 4. Shri S. G. Bhobe, learned Counsel appearing for the Petitioner, pointed out that though the proceedings are to be considered as a warrant triable case otherwise than on police report, the learned Magistrate h...
Vinayak Ranum D.P. Loundo Vs. Ms. Amira A. Razaq and Others
Court: Mumbai Goa
Decided on: Mar-05-2013
Oral Judgment:- Heard Shri S. G. Desai, learned Senior Counsel appearing for the petitioner and Shri J. E. Coelho Pereira, learned Senior Counsel appearing for the respondents. 2. The above petition seeks to quash and set aside the judgment and order dated 21.03.2011 passed in Eviction Appeal No. 10/2007 and also the order dated 16.11.2011 passed in Review Application No. 8/11. 3. Briefly, the facts of the case are that the respondents filed an application for eviction under Section 22(2)(a),(b),(c),(f) and 23(b) of the Goa, Daman and Diu Building (Lease, Rent and Eviction) Control Act, 1968 before the Rent Controller at Panaji. The petitioner filed his written statement disputing the claim put forward by the respondents. The ground for eviction on which the respondents sought the eviction of the petitioner is essentially on the ground that the premises which is consisted of a garage was leased to Shri R. D. P. Loundo situated on the ground floor of the building known as Yasin Manzil s...
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