Mumbai Goa Court November 2014 Judgments
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State of Goa, Executive Engineer Vs. Kazi Imtiyaz
Court: Mumbai Goa
Decided on: Nov-28-2014
Oral Judgment: 1. Heard Mr. Rodrigues, learned Additional Government Advocate for the appellant and Ms. Bhobe, learned Counsel for the respondent. 2. This appeal is directed against the judgment and order dated 17/05/2010 passed by the learned Adhoc District Judge, FTC, Panaji (Reference Court for short) in Land Acquisition Case No. 87 of 2008. The appellant was the respondent in the said Land Acquisition Case whereas the respondent was the Applicant therein. Parties shall hereinafter be referred to as per their status in the said Claim Petition. 3. Vide notification bearing no. 23/24/2004-RD dated 05/02/2005 issued under Section 4(1) of the Land Acquisition Act, 1894 ("L. A. Act", for short) and published in the Official Gazette dated 23/02/2005, land was acquired for improvement and widening of road from Prabhu Towers, Upper Bazar to Shantinagar including reconstruction of culvert in Ponda constituency. This included land admeasuring 585 square metres from Survey no. 167 (part) of vi...
Obi Okoroafor Vs. The State of Goa, Through the CID Crime Branch
Court: Mumbai Goa
Decided on: Nov-27-2014
1. Heard Mr. Menezes, learned Advocate for the appellant and Mr. Amonkar, learned Additional Public Prosecutor for the respondent. 2. This appeal is directed against the judgment and order dated 09/07/2010 passed by the learned Additional Sessions Judge, FTC-I, Margao (trial Court, for short) in Sessions Case No. 14/2010/FTC-II. The appellant was the accused in the said case and shall herein after be referred to as the accused. 3. The accused was tried by the trial Court for offences punishable under Section 343 and 376 of the Indian Penal Code (I.P.C., for short). The allegation against him was that on 18/04/2010 between 03.00 hours to 06.00 hours, at hut no.1, Laughing Buddha Hotel, Palolem, Canacona, Goa, the accused wrongfully confined the victim girl, an Australian national, major in age, and forcibly committed rape on her. 4. The prosecution had examined 17 witnesses in support of its case and statement of accused was recorded under Section 313 of Criminal Procedure Code (Cr. P.C...
Shradha Shipping Co. Pvt. Ltd. Vs. Adhithri Trading Company and Anothe ...
Court: Mumbai Goa
Decided on: Nov-25-2014
1. This revision application is directed against the judgment and order dated 11.12.2013 passed by the learned Additional Sessions Judge, FTC-II Margao, ("Appellate Court", for short) in Criminal Appeal No.61/2013. 2. The said Criminal Appeal No.61/2013 was, in turn, filed against the judgment, order and sentence dated 17.4.2013 passed by the learned Judicial Magistrate, First Class, 'B' Court Vasco ('J.M.F.C.', for short) in Criminal Case No.113/OA/NIA/ 2011/B. Applicant was the complainant whereas respondents were the accused in the said Criminal Case. The parties shall hereinafter be referred to as per their status in the said Criminal Case. 3. The complainant had filed a complaint against the accused persons for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 ('N.I. Act', for short) which gave rise to the said Criminal Case. The case of the complainant, in short, was as follows:- Complainant was a company engaged in the business of operating barges for ...
Suresh R. Morajkar and Others Vs. Deputy Collector and S.D.O. and Anot ...
Court: Mumbai Goa
Decided on: Nov-21-2014
Oral Judgment: 1. Heard learned Counsel for the parties. 2. Both the above appeals shall be disposed of by this common Judgment since both arises out of the same Judgment and Award dated 03/07/2006 passed by the learned District Judge, Panaji (Reference Court, for short) in Land Acquisition Case No. 75 of 2002. The appellant of First Appeal No. 292 of 2006 who is the respondent in First Appeal No. 294 of 2006 was the applicant in the said L.A.C. No. 75 of 2002 whereas the respondents of First Appeal No. 292 of 2006 who are the appellants in First Appeal No. 294 of 2006 were the respondents in the said case. Parties shall herein after be referred to as per their status in the said Land Acquisition Case. 3. Vide notification dated 08/01/1991 issued under Section 4(1) of the Land Acquisition Act, 1894 ( L. A. Act, for short) and published in the Official Gazette dated 25/01/1991, the Government had acquired land for the purpose of widening of two lanes and improvement of Geometrics betwee...
Arvind Kumar Seth Vs. Babaji Govind Sawant and Another
Court: Mumbai Goa
Decided on: Nov-20-2014
1. Heard Mr. Kakodkar, learned Counsel appearing on behalf of the appellant. Both the respondents, though duly served after admission of the appeal, are absent. 2. This appeal is directed against the judgment and award dated 17.10.2008, passed by the learned Motor Accident Claims Tribunal of Salcete at Margao (M.A.C.T., for short), in Claim Petition No. 15/2007. 3. The appellant was the claimant, whereas respondent no. 1 was driver as well as the owner of the offending vehicle which was insured with the respondent no. 2. Parties shall hereinafter be referred to as per their status in the claim petition. 4. The claimant had filed the said claim petition under Section 166 of the Motor Vehicles Act, 1988 (M.V. Act, for short) for compensation of ` 6,00,000/- on account of injuries sustained by him in a motor vehicular accident. 5. The case of the claimant was as follows:- On 24.10.2006, at about 2:00 p.m., the claimant was riding the motor cycle bearing registration no. GA-08/D-5771 on th...
State of Goa Vs. Conny N. Pereira
Court: Mumbai Goa
Decided on: Nov-19-2014
Oral Judgment: 1. This is State Appeal against the judgment and order dated 24/01/2012 passed by the learned Assistant Sessions Judge-1, North Goa, Panaji (Assistant Sessions Judge, for short) in Criminal Appeal No. 113 of 2011 by which the respondent who was accused no. 1 in IPC Case No. 29/2001/B, has been acquitted of the offence punishable under section 471 of the Indian Penal Code (I.P.C., for short), by giving benefit of doubt to him. 2. In all four accused persons were tried by the learned Judicial Magistrate, First Class, Panaji (J.M.F.C, for short) in the said IPC Case No. 29/2001/B for offence punishable under Sections 468 and 471 read with Section 34 of I.P.C. Case of the prosecution was as follows: Prior to 11.07.2000, time not known, at Goa University, Bambolim, the accused no. 1, Conny Pereira obtained forged documents namely mark list and passing certificate of B.Com, from the accused no. 2, Sudesh Naik, who along with accused no 3, Saude Lourence, accused no. 4, Peter C...
The Deputy Collector and S.D.O. and Others Vs. Abel Pereira Silveira a ...
Court: Mumbai Goa
Decided on: Nov-18-2014
1. Heard Mr. Afonso, learned Government Advocate for the appellants. 2. By the above appeal and cross objection, the judgment and award dated 31/01/2007 passed by the learned District Judge (3), Margao (reference Court) in Land Acquisition Case No. 9 of 2003 has been challenged. Parties shall hereinafter be referred to as per their status in the said Land Acquisition Case. 3. Vide Notification issued under Section 4(1) of the Land Acquisition Ac,t 1894 (L. A. Act, for short) and published in Official Gazette dated 23/02/2000, the Government acquired land for construction and B/T of ring road from Margao Quepem road from level crossing at Aquem to eastern bye pass including parking for vehicles in Margao city. This acquisition included land admeasuring 362 square meters of coconut land from survey no. 250/28 and paddy land admeasuring 1438 square meters from survey no. 250/29 both situated in the city of Margao of Salcete Taluka. Vide Award dated 05/02/2002, the learned Land Acquisitio...
Shrinivas Guramkondu Vs. The State of Goa, through Police Inspector
Court: Mumbai Goa
Decided on: Nov-17-2014
Oral Judgment : 1. Heard Mr. Pavithran, learned Counsel appearing on behalf of the appellant and Mr. Amonkar, learned Additional Public Prosecutor appearing on behalf of the respondent. 2. This appeal is filed by the accused no. 2 of Sessions Case No. 35/2009 against the judgment and order dated 30.07.2011, passed by the learned Additional Sessions Judge (FTC-I), South Goa, Margao (trial Court) in the said Sessions Case, by which the accused no. 2 has been sentenced for offence punishable under Section 506(ii) of the Indian Penal Code (I.P.C., for short), to undergo rigorous imprisonment for four years and to pay fine of Rs.5,000/-, in default to undergo rigorous imprisonment for four months. The period during which the accused had been in custody has been set off in terms of Section 428 of Criminal Procedure Code (Cr.P.C., for short). 3. In all four accused persons were tried by the trial Court for offence punishable under Sections 307, 353, 189, 506(i) read with Section 34 of I.P.C. ...
State of Goa, Through P.I. (Major) Vs. Anant Manerkar (Major)
Court: Mumbai Goa
Decided on: Nov-10-2014
Oral Judgment: 1. Heard Mr. Amonkar, learned Additional Public Prosecutor for the appellant and Ms. Gawas, learned Counsel for the respondent. 2. This is State appeal filed against the judgment dated 13/07/2012 passed by the learned Judicial Magistrate, First Class, Sanguem Goa (J.M.F.C., for short) in Case No. 18/S/2008 by which the respondent has been acquitted of the offences punishable under Sections 279 and 304-A of Indian Penal Code ( I.P.C., for short). The respondent shall hereinafter be referred to as the accused. 3. The Curchorem Police had filed charge sheet against the accused alleging that on 23/09/2007 at about 14.45 hours at Guddemol, Sanvordem, the accused being the cleaner of the tipper truck bearing No. GA-09-T-8055, without possessing authorized heavy motor driving licence and without permission/knowledge of the driver, drove the said tipper truck in a rash and negligent manner, waiving his hand at the passerby on the narrow village road and dashed against a pedestr...
Gajanan Lobaji Kitturkar Vs. Smt. Sumati S. Bhandari and Another
Court: Mumbai Goa
Decided on: Nov-10-2014
Oral Judgment: 1. Heard Mr. Mulgoankar, learned Counsel appearing on behalf of the appellant, Mr. Teles, learned Counsel appearing on behalf of the respondent No.1 and Mrs. Pinto, learned Additional Public Prosecutor appearing on behalf of the respondent No.2. 2. This appeal is directed against the judgment and order dated 31/10/2011 passed by the learned Judicial Magistrate, First Class, Panaji, Goa (trial Court, for short) in Criminal Case No.OA NIA 424/2010/C. 3. The appellant was the complainant and the respondent No.1 was the accused in the said case. Parties shall, hereinafter, be referred to as per their status in the said Criminal Case. 4. The complainant had filed the complaint under Section 138 of the Negotiable Instruments Act, 1881 (N.I. Act, for short) which gave rise to the said Criminal Case No.OA NIA 424/2010/C. 5. Case of the complainant, in short, was as follows : The complainant and the accused were working for New India Assurance Company Limited. The accused needed ...
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