Mumbai Goa Court January 2014 Judgments
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Indian Oil Corporation Limited Vs. the Controller of Legal Metrology G ...
Court: Mumbai Goa
Decided on: Jan-31-2014
Heard Mr. Costa Frias, learned Counsel appearing on behalf of the petitioner and Mr. Noorani, learned Additional Government Advocate appearing on behalf of the respondents. 2. Rule. Rule is made returnable forthwith. By consent, heard forthwith. 3. By this petition, the petitioner has sought following reliefs: œ(a) For a writ of certiorari or any other appropriate writ, order or direction calling for the records and proceedings of Appeal Case no. Secy/CLM/01/2013 on the file of the respondent no.2 and on perusal of the same that this Court be pleased to quash aside the impugned judgment and order dated 4/9/13 passed therein by the respondent no.2 and appeal of the petitioner be allowed. (b) For an appropriate writ, order or direction thereby directing the Judicial Magistrate First Class at Vasco-da-Gama not to proceed with the trial of Criminal Case No. 78/OA/LMA/2013/A pending the hearing and final disposal of the Petitioner's appeal before the respondent no.2.? 4. The case of t...
Vicente Da Costa, Proprietor, M/S. Star Earth Movers Vs. P.E.E. Dourad ...
Court: Mumbai Goa
Decided on: Jan-31-2014
Heard Mr. Agni, learned Counsel appearing on behalf of the petitioner and Mr. Coutinho, learned Counsel appearing on behalf of the respondent. 2. Rule. Rule made returnable forthwith. 3. Mr. Coutinho, learned Counsel, waives service of notice on behalf of the respondent. By consent, hearth forthwith. 4. The petitioner has taken exception to the order dated 16/11/2013 passed by the learned Adhoc District Judge-I, FTC-I, Margao (First Appellate Court, for short), in Regular Civil Appeal No. 244/2010/FTC-I whereby, the application for leave to lead secondary evidence came to be rejected. 5. The facts giving rise to the petition may be briefly stated as under : The petitioner had filed a Special Civil Suit No. 02/2002/A before the learned Civil Judge, Senior Division at Margao (Trial Court, for short) for recovery of money and other consequential reliefs. Inter alia, it was urged in the plaint that on 08/03/2000, the respondent had hired an excavator machine belonging to the petitioner to ...
Sainath Vassant Naik Gaonkar and Another Vs. K.K. Daniel and Others
Court: Mumbai Goa
Decided on: Jan-31-2014
Oral Judgment:- 1. Heard Mr. Shivan Desai, learned counsel appearing for the appellants, Mr. C. A. Coutinho, learned counsel appearing for the respondent no.1 and Mr. A. F. Diniz, learned counsel appearing for the respondent no.2. 2. The above appeal has been admitted on the following substantial questions of law by an order dated 02.12.2008. (i) Whether the suit filed by the plaintiffs/respondent nos. 1 and 2, is barred by limitation? (ii) Whether the suit filed by the plaintiffs/respondent nos. 1 and 2, is barred under the Benami Transaction Act? 3. Mr. Desai, learned counsel appearing for the appellants before adverting to his submissions on the aforesaid substantial questions of law submitted that there is an additional substantial question of law which also arises in the present appeal as to whether the respondent nos. 1 and 2/plaintiffs have established the essential terms of the agreement to be entitled for the specific performance of the contract in the context that there is va...
Mansoor K.K. Mohammed Vs. State Through P.P.
Court: Mumbai Goa
Decided on: Jan-31-2014
The appeal is filed against Judgment and order of Special Case No.66/2010, which was pending in the Children's Court created for the State for Goa at Panaji-Goa. The appellant is convicted for the offence punishable under section 354 I.P.C. and he is sentenced to suffer rigorous imprisonment for six months and to pay fine of Rs.10,000/-. He is also convicted for offence punishable under section 8 (2) of the Goa Children's Act, 2003 and he is sentenced to suffer rigorous imprisonment of six months and to pay fine of Rs.10,000/-. Both the sides are heard. 2. In short, the facts leading to the institution of the appeal can be said as follows: The offence is committed against a girl child who was aged about 4 years at the relevant time. The accused was aged about 29 years and he was a married man. The father of the girl child was working as a security guard in campus known as œTropical Estate Private Ltd? at Morod, Sangolda and this complex is situated within the local jurisdiction o...
Joao Sebastiao Lobo Vs. Administrator of Communidades of Bardez and Ot ...
Court: Mumbai Goa
Decided on: Jan-31-2014
Oral Judgment: Heard Mr. Kamat Malyekar, learned Counsel appearing on behalf of the petitioner, Mr. Rao, learned Counsel appearing on behalf of respondents no.6 and 8 and Mr. Menezes, learned Counsel appearing on behalf of respondent no.4. 2. Rule. Rule is made returnable and heard forthwith. 3. By this petition filed under Article 227 of the Constitution of India, the petitioner has challenged the order dated 30/08/2013, passed by the Administrative Tribunal in Miscellaneous Civil Application No. 81/2013/CONDONE, in Comunidade Appeal. 4. Respondent no.1 is the Administrator of Comunidades, an authority constituted under the Code of Comunidades ('the Code' for short). Respondent no.2 is the Comunidade of Calangute. Respondent no.3 is the Clerk in-charge of respondent no.2. Respondent no.4 is the President of respondent no.2 for Triennium 2013-2016. Respondent no.5 is the elected substitute President of respondent no.2 for the said Triennium 2013-2016. Respondents no.6 and 7 are the ele...
ignatious Dias Vs. Mario Francis Barretto and Others
Court: Mumbai Goa
Decided on: Jan-31-2014
Oral Judgment: 1. Heard Mr. A. Kamat, learned counsel appearing for the appellant and Mr. D. Pangam, learned counsel appearing for the respondents. 2. The above appeal came to be admitted by an order dated 29.03.2007 on the following substantial questions of law: (1) Whether in terms of Section 22 of the Specific Relief Act, 1963 the appellant is entitled for the refund of the earnest money paid to the respondents in terms of Agreement of Sale dated 16.07.1991, Exhibit PW1/B? (2) Whether the Courts below had misinterpreted the agreement to hold that the amount of Rs.50,000/- was not by way of part of sale consideration? (3) Whether upon reading of clause 2 and clause 7 of the agreement the only interpretation that can be drawn is that Rs.50,000/- was paid as part consideration? (4) Whether Courts below were right in holding that the amount of Rs.50,000/- stands forfeited when there is no clause in the agreement providing for forfeiture? 3. During the course of the hearing of the above ...
Vaman Govind Raut and Others Vs. Sitaram Narayan Raut and Others
Court: Mumbai Goa
Decided on: Jan-30-2014
The predecessor-in-title of the respondents herein (the original plaintiff) sued the appellants herein (defendants) for injunction against interference of their possession in the suit plots of land, stated to be bearing Survey Nos. 181/2 and 182/0 of Village Sal, Taluka Bicholim, Goa. The respondents herein (the plaintiffs) have continued the lis. The defendants counter claimed, claiming ownership and prayed for deletion of the plaintiffs' name in the survey records. The plaintiffs suit came to be decreed by the Civil Judge, Jr. Division, Bicholim on 9th August, 2000. The defendants' counter-claim was dismissed. 2. The defendants appealed. The appeal has been dismissed on 27th March, 2003. The defendants have filed this second appeal against the concurrent findings of fact of the plaintiffs' title in the suit property. 3. The plaintiffs' title must be first shown. If the plaintiffs do not show title, they would not be entitled to injunction claimed against interference to their possess...
Employees State Insurance Corporation, Through Its Regional Director V ...
Court: Mumbai Goa
Decided on: Jan-29-2014
The appeal is filed under Section 82 of Employees State Insurance Act, 1948 (in short, 'ESI Act') against judgment and order of EIC No.3/2004, which was pending before Employees Insurance Court, South Goa, Margao. The application filed by present respondent, business concern under Section 75 of ESI Act to challenge the orders made by present appellant, Corporation on 29/07/1998 and 17/08/2004, which were made to cover the establishment of respondent under ESI Act and to ask the respondent to give the contribution, is allowed by Insurance Court. In the present proceedings both sides are heard. 2. In short, the facts leading to the institution of appeal can be stated as follows: On 29/06/1998, one Inspector of Insurance Office of the appellant, Corporation visited the office premises of present respondent situated at Pereira Chamber, Vasco-da-Gama and he inspected the record of the employees of the respondent. Accountant of respondent produced the record like wage register, attendance re...
Satchitanand Laximan Kantak (Deceased) Through Heirs and Others Vs. De ...
Court: Mumbai Goa
Decided on: Jan-28-2014
The appeal is filed against Judgment and Award of Land Acquisition Case No.29/2006 which was pending in the Court of District Judge (3), South Goa, Margao. The reference filed under Section 18 of the Land Acquisition Act (in short, œThe Act?), is rejected by the Trial Court. Both the sides are heard. 2. In short, the facts leading to the institution of the appeal can be stated as follows: The Notification under Section 4 of the Act was issued on 3/8/2000 for the purpose of acquisition of lands for the purpose of construction of road from Igrezwado to Ashev Loyalawado in village Panchayat Majorda of Salcete Taluka. 134 square metres of portion of land under survey no.6/9 from village Majorda of the applicant was acquired under the award dated 11/6/2003. The Land Acquisition Officer (L.A.O, for short) awarded compensation at the rate of Rs.60/- per sq. metre. In the reference, the applicant claimed compensation at the rate of Rs.400/- per sq. metre on the basis of sale instance. 3....
Reginald Baptist Lobo and Others Vs. Robert D'souza and Others
Court: Mumbai Goa
Decided on: Jan-28-2014
Heard Mr. Mulgaonkar, learned Counsel appearing on behalf of the petitioners and Mr. Usgaonkar, learned Counsel appearing on behalf of the respondents no. 1, 2, 4 and 5. 2. By this Petition, the petitioners have challenged the order dated 14/02/2013 passed by the learned District Judge “ I, North Goa at Panaji (First Appellate Court) in Miscellaneous Civil Appeal No. 185 of 2010. 3. Inventory Proceedings no. 47/1997/B for partitioning the estate of the deceased Reginaldo Baptist Lobo and his wife Felicidade Fernandes, were instituted in the Court of learned Civil Judge, Senior Division, Mapusa (Trial Court), by their son Shri Vitorino Jose Mariano Lobo, since deceased. Prior to the impugned order, the petitioner no. 1 was the Cabeca de casal (administrator) in the said Inventory proceedings whereas as the other petitioners and the respondents were the interested parties. In the course of the proceedings, Cabeca de Casal listed certain properties as belonging to the deceased grand...
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