Mumbai Goa Court August 2013 Judgments
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Kanchan Chodankar Vs. Miss. Lida Joao and Others
Court: Mumbai Goa
Decided on: Aug-13-2013
Oral Judgment By this petition, the petitioner questions the order passed by the learned Additional Sessions Judge dated 20/07/2011 in Criminal Revision Application No.7/2011 upholding the order dated 19/01/2011 passed by the learned Chief Judicial Magistrate, Margao whereby the learned Chief Judicial Magistrate rejected the petitioner's application for cancellation of proclamation dated 05/10/2010. This proclamation was issued under Section 82 of Criminal Procedure Code because the accused / petitioner was stated to be absconding. 2. The learned Counsel for the petitioner submits that the proclamation was actually served upon the petitioner or came to the knowledge of the petitioner on 16/11/2010 i.e. a day after the petitioner was required to appear before the Court on 15/11/2010. 3. Respondent no.1/ complainant has filed an affidavit trying to suggest that the proclamation was in fact served upon the petitioner well before 12/11/2010. A copy of the proclamation which is made availab...
------ Vs. State of Goa and Others
Court: Mumbai Goa
Decided on: Aug-13-2013
A.P. Lavande, J. Taking cognizance of deteriorating garbage situation in the State of Goa, on 14th August, 2007, this Court directed registration of the above petition and issued notices to all the Municipal Councils and the Corporation of the City of Panaji, in order to examine the compliance of the Municipal Solid Waste (Management and Handling) Rules, 2000 ("MSW Rules 2000" for short). Ms. Norma Alvares was appointed as Amicus Curiae. Having regard to the fact that large quantity of garbage is generated in certain Village Panchayats visited by tourists, on 3rd October, 2007, the Court issued notices to 26 Village Panchayats, through their Sarpanchas and directed them to file affidavits, indicating the steps taken for identifying/obtaining necessary approvals for setting up sites for disposal of garbage. This Court was constrained to pass the above referred order since, inspite of repeated orders passed by this Court regarding disposal of garbage, no concrete steps were being taken b...
Mapusa Municipal Council Vs. Smt. Krupa Hallikar W/O Martui Hallikar a ...
Court: Mumbai Goa
Decided on: Aug-12-2013
A.P. Lavande, J. Heard Mr. G. Sardessai, learned Advocate for the appellant, Mr. G. Agni, learned Advocate for respondent No.1 and Ms. N. Kholkar, learned Additional Government Advocate for respondent Nos.2, 3 and 5. 2. By this appeal, the appellant takes exception to the judgment dated 7th May, 2013 passed by learned Single Judge by which Writ Petition No.76/13 preferred by the appellant challenging award dated 1st April, 2011 passed by the Industrial Tribunal cum Labour Court at Panaji in Reference No.IT/32/2000 has been dismissed. 3. By common judgment dated 7th May, 2013, learned Single Judge dismissed two Writ Petition Nos.76/2013 and 114/2013. 4. The above reference was made at the instance of respondent no.1 to challenge the termination by the appellant as Sweeper w.e.f. 21st August, 1997. Learned Tribunal, upon appreciation of material placed before it held that the termination was illegal and without complying with the provisions of Section 33(2)(b) of the Industrial Disputes ...
State of Goa (Through the Chief Secretary) and Others Vs. Ramchandra S ...
Court: Mumbai Goa
Decided on: Aug-08-2013
Oral Judgment : These two appeals by the State question the judgments delivered by the learned Ad hoc District Judge, Panaji on References under Section 18 of the Land Acquisition Act ('the Act' for short) made by the occupants of tenanted agricultural lands in village Navelim in respect of which the acquisition proceedings were taken by notification no.22-21-2005-RD dated 07/10/2005. 2. The Land Acquisition Officer awarded compensation at the rate of Rs.5/- per square metre for the said property. The claimants sought a reference to be made claiming that they should be awarded compensation at the rate of Rs.150/- per square metre. After considering the evidence, the Reference Court awarded compensation at the rate of Rs.175/- per square metre. Aggrieved thereby the State has preferred these two appeals. 3. I have heard the learned Government Advocates in two appeals as well as the learned Counsel for the occupants. 4. There is no dispute that the lands acquired are the tenanted agricul...
Mahanand Naik Vs. State Through P.P. High Court
Court: Mumbai Goa
Decided on: Aug-07-2013
U.V. Bakre, J. Heard Mr. Naik, learned Counsel appearing on behalf of the appellant and Ms. Pinto, learned Additional Public Prosecutor on behalf of the respondent. 2. By this appeal, the appellant/accused takes exception to the judgment and order dated 18th February, 2012 passed by learned Sessions Judge, North Goa, Panaji in Sessions Case No. 33/2009 convicting the accused for the offences punishable under Sections 364, 302, 392 and 201 of the Indian Penal Code (the I.P.C. for short). The accused has been sentenced to different periods of imprisonment as under:-Sr. NoSectionSentence1.364 of I.P.C.Rigorous imprisonment for 3 years and fine of Rs.10,000/- and in default, to undergo imprisonment for two months.2.302 of I.P.C.Rigorous imprisonment for life and fine ofRs.50,000/- and in default, to undergo imprisonment for one year.3.392 of I.P.C.Rigorous imprisonment for 5 years and fine of Rs.50,000/- and in default, to undergo imprisonment for one year.4.201 of I.P.C.Rigorous imprisonm...
Vishal Vijay Palyekar Vs. AshiwIn Naik S/O Chandrakant Naik and Anothe ...
Court: Mumbai Goa
Decided on: Aug-07-2013
Oral Judgment: This revision is directed against the concurrent findings of the trial Magistrate and the Sessions Judge holding the applicant/original accused guilty of offence punishable under Section 138 of the Negotiable Instruments Act and sentencing him to undergo simple imprisonment till the rising of the Court and to pay a compensation of Rs.60,000/- and in default of payment of compensation to undergo simple imprisonment for a period of 6 months. 2. The facts which are material for deciding this revision are as under: The applicant and the complainant were admittedly friends, who were residing together at Mumbai for sometime. According to the complainant, the applicant approached him in middle of 2008 for a hand loan of Rs.1,75,000/-, since applicant's parents were to undergo some surgical operation. The complainant claims to have advanced this amount of Rs.1,75,000/- to the applicant. The applicant issued four cheques towards repayment of the amount borrowed bearing no.170431,...
Hermano De Souza (Deceased) Through His Heirs and Others Vs. Agostinho ...
Court: Mumbai Goa
Decided on: Aug-07-2013
Oral Judgment: Heard Mr. C. Mascarenhas, learned counsel appearing for the petitioners and Mr. S. Redkar, learned counsel appearing for the respondents. 2. Rule. Heard forthwith with the consent of the learned counsel. 3. The learned counsel appearing for the respondents waive service. 4. The above petition challenges an order passed by the learned Tribunal dated 09.04.2013 whereby an application for condonation of delay in filing the appeal challenging the judgment passed by the learned Rent Controller of one month came to be dismissed. 5. Mr. Mascarenhas, learned counsel appearing for the petitioners has assailed the impugned order on the ground that the petitioners who have been asked to vacate the suit premises were anxious to challenge the impugned Judgment passed by the Rent Controller in appeal and as such the petitioners sought for an urgent certified copy. The learned counsel further pointed out that the petitioners had visited the office of the learned Rent Controller to coll...
Vithal Tulshidas Zalmi Vs. Baswaraj Kedarji and Another
Court: Mumbai Goa
Decided on: Aug-07-2013
Oral Judgment This appeal is directed against the judgment of the learned JMFC, Panaji acquitting the respondent no.1 for offence punishable under Section 138 of the Negotiable Instruments Act. 2. The appellant filed a complaint in respect of dishonour of cheque of Rs.50,000/-, admittedly issued by the respondent no.1-accused on 5/10/2010. The learned trial Magistrate accepted the defence that the cheque was issued towards purchase of sand and not for purchase of scrap of a vehicle as alleged by the complainant. The learned Magistrate, therefore, proceeded to acquit the accused. 3. After the appeal was admitted notice had been sent to the accused and also action under Section 390 Cr.P.C. was ordered. Since none appeared for respondent no.1-accused, advocate Ms. Ketki Pednekar was appointed as Amicus Curiae to help the Court. 4. I have heard the learned Counsel for the appellant and also the learned Amicus Curiae. The learned Counsel for the appellant submitted that even if the learned ...
Dattaram @ Premanand Gawas Vs. the State of Goa
Court: Mumbai Goa
Decided on: Aug-06-2013
Smt. R.P. SondurBaldota, J. 1. This appeal is directed against the judgment and order dated 29th March, 2010 read with order dated 19th April, 2010 passed by the Sessions Court, North Goa, convicting the appellant for the offences punishable under Sections 302 and 392 Indian Penal Code. For the offence under Section 302, the appellant has been sentenced to undergo life imprisonment and to pay fine of Rs.10,000/. For the offence punishable under Section 392, he has been sentenced to undergo the imprisonment for a term of five years and pay fine of Rs.5,000/. In default of payment of fines, he is ordered to undergo simple imprisonment for a period of six months and two months respectively. 2. On 18th November, 2007 at about 5.10 pm., Santosh s/o deceased Darshana complained to Pernem Police Station that on that day in the morning at about 9.30 hours, Darshana left the house for washing clothes at river/stream located at a distance of about half km. behind her house. At that time, the com...
Bhushan S. Nadkarni Vs. Miss. Melita Goes D/O. Minguel Francis Goes Re ...
Court: Mumbai Goa
Decided on: Aug-05-2013
Oral Judgment: This appeal by owner of motor car bearing no.GA-02-1076 which was involved in accident on 17/10/2003, questions the award by the learned Presiding Officer of the Motor Accident Claims Tribunal, Margao directing payment of compensation of Rs.2,07,000/- with interest at the rate of 9% per annum to the claimant. The award also directed that respondent no.4-Insurance Company would be entitled to recover the amount of compensation from the present appellant. 2. Facts which are material for deciding this appeal are as under: The petitioner, who was 13 year old student was walking by the side of Benaulim-Varca road on 17/10/2003 at about 7.45 a.m. Car no.GA-02-1076 driven by respondent no.1, the driver engaged by the present appellant, gave a dash to the victim which resulted in fractures of her jaw bone, left leg and left hand. The victim also lost 6 teeth. The accident occurred because respondent no.1 was allegedly talking on mobile phone while driving the vehicle. The claima...
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