Mumbai Goa Court March 2014 Judgments
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Anthony Sebastian Afonso, (Since Deceased) by His Legal Heirs: and Oth ...
Court: Mumbai Goa
Decided on: Mar-28-2014
1. Heard Mr. Usgaonkar, learned Counsel appearing on behalf of the appellants and Mr. Ferreira, learned Counsel appearing on behalf of the respondents. 2. This Second Appeal is directed against the judgment, order and decree dated 28/03/2012 passed by the learned District Judge-II, South Goa Margao (First Appellate Court) in Regular Civil Appeal No. 280 of 2010 and Judgment, order and Decree dated 30/04/2001 passed by the learned Civil Judge, Senior Division, Margao (Trial Court) in Special Civil suit No. 189/1987/A. 3. The appellants were plaintiffs and the respondents were defendants in the said Special Civil Suit No. 189/1987/A. The parties shall hereinafter be referred to as per their status in the said special suit. 4. The plaintiffs had filed the said suit for recovery of a sum of Rs. 1,41,150/- with interest at the rate of 18% per annum, with effect from the date of filing of the suit till the date of recovery. 5. Case of the plaintiffs, in short, was as follows: The original pl...
The Chief Executive Officer, Goa State Co-operative Bank Ltd. and Anot ...
Court: Mumbai Goa
Decided on: Mar-28-2014
1. The appeal arises out of the Judgment and Decree passed by the learned Adhoc District Judge-I, Fast Track at Panaji in Civil Suit No.304/2004 on 30/7/2008, by which the civil suit filed by the original plaintiffs is partly decreed and it is declared that the Deed of Mortgage dated 4/2/1991 executed by the original defendants no.1,2,6 and 7 and the award passed by the Deputy Registrar of Co- operative Societies, Panaji, in Case no. ABN/DRCS/31/95 on 26/12/1995 and the auction proceedings dated 2/4/1998 and the Certificate of Sale dated 29/10/1998 are null and void abi-initio. By the impugned Judgment and Decree it is directed that the Sub Registrar of Registration should cancel the registration of the Deed of Mortgage dated 4/2/1991. This appeal is filed by (i) The Chief Executive Officer, Goa State Co-operative Bank Ltd. and (ii) the Branch Manager, Goa State Co- operative Bank Ltd., who were the original defendants no.6 and 7. 2. The relevant facts necessary for consideration of th...
Firoz Mohammed Ali Aga Vs. State of Goa, Through Learned P.P.
Court: Mumbai Goa
Decided on: Mar-28-2014
Oral Judgment: 1. Heard Mr. Singh, learned Counsel appearing on behalf of the petitioner and Ms. Pinto, learned Additional Public Prosecutor appearing on behalf of the respondent. 2. This Revision Application has been filed against the Judgment and Order dated 07/01/2013 passed by the learned Sessions Judge, Margao (Appellate Court) in Criminal Appeal No. 83 of 2011 by which the judgment and sentence dated 26th/29th August, 2011 delivered by the learned Judicial Magistrate, First Class, Vasco-da-Gama (Trial Magistrate) in Criminal Case No. 84/S/2010/D has been confirmed and the present petitioner, who was the accused in the said case, has been directed to surrender and suffer the imprisonment imposed against him and to pay the fine as ordered or to suffer further imprisonment in default. 3. The Vasco Police had filed charge sheet against the accused for offence punishable under Sections 279, 337 and 338 of Indian Penal Code (I.P.C.), alleging that on 05/03/2010 at 11.50 hours near Vadd...
Vasant Tukaram Prabhu Vs. Xalinibai Borcar alias Smt. Shalinibai Borka ...
Court: Mumbai Goa
Decided on: Mar-28-2014
1. This appeal is filed against the order of remand dated 16.7.2013 made by the District Judge-I North Goa, at Panaji in Regular Civil Appeal No. 339 of 2010 filed by the respondents nos. 1(a) to 1(j) against the judgment and decree dated 30.4.2001, passed by the Civil Judge, Junior Division, Ponda, dismissing the Special Civil Suit No. 21/1984/A filed by them against the appellant and respondent no. 2. 2. The appellant is the original defendant no.1. Respondent nos.1(a) to 1(j) are the legal representatives of original plaintiff and respondent no. 2 is the original defendant no.2. 3. Parties to the appeal are hereinafter referred to as the plaintiffs and defendants in the order they have been impleaded in the suit. 4. The original plaintiff, Smt. Shalinibai Borkar contended that she was the owner in possession of the suit property known as œBorodo Dongrachem Advona?, also known as œAforamento? situated at Nirancal in Ponda Taluka, described in the Land Registration Office ...
Tereza Gomes, Since Deceased, Represented Through Her Legal Heirs: and ...
Court: Mumbai Goa
Decided on: Mar-27-2014
Oral Judgment: 1. Heard Mr. Bhobe, learned Counsel appearing on behalf of the appellants. 2. This Second Appeal has been preferred against the judgment, order and decree dated 16/06/2004 passed by the learned Additional District Judge, South Goa at Margao (First Appellate Court) in Regular Civil Appeal No. 173/2000. The said Regular Civil Appeal was, in turn, filed against the judgment, order and decree dated 31/08/2000 passed by the learned Civil Judge, Junior Division, Margao ('trial Court') in Regular Civil Suit No. 112/1982/F. The said suit as well as the said First Appeal have been dismissed by the concerned Judges. 3. The present Second Appeal was admitted on following substantial question of law: œWhether in view of Article 2015 of the Portuguese Civil Code, respondents no. 5 and 6 can be said to have legally purchased a specific plot of land admeasuring 338 square metres from the suit property which was indivisible and belonging to the same inheritance as long as the part...
Nicolau Fernandes and Others Vs. Sounsthan Partagal Jeevotham Math and ...
Court: Mumbai Goa
Decided on: Mar-27-2014
Oral Judgment: 1. This Appeal arises out of the Judgment and Decree passed by the learned Adhoc District Judge-I, (Fast Track Court-I), South Goa, Margao, in Civil Suit no. 2/2005 on 26.12.2007,by which the suit filed by the Appellants. 2. The case of the Appellants is that they are the owners of the property known as "Ashthagalle" which is surveyed under nos. 22/1(part), 22/3(part), 23/1, 23/3, 23/4, 24/1, 25/1, 26/1 and 27/1. According to the Plaintiffs, the cause of action in filing the suit has arisen when they noticed illegal felling of trees in the suit property by defendant no. 1. On making inquiries, the Plaintiffs came to know that the defendant no. 1 had obtained the licence for cutting trees from survey no. 22/1 of Village Poinguinim. According to the Plaintiffs, they made a request and on it the properties of the Plaintiffs and defendant no. 1 were verified as per the boundaries mentioned in the documents by Engineer Vikas Dessai in the presence of the RFO, Canacona. On ver...
The Chief Manager, Federal Bank Ltd. Vs. the State of Goa, Through the ...
Court: Mumbai Goa
Decided on: Mar-26-2014
Oral Judgment: 1. Heard Mr. Nadkarni, learned Counsel appearing on behalf of the petitioner and Mr. Amonkar, learned Central Government Standing Counsel for respondent no.2. 2. By this petition, the petitioner seeks quashing of the complaint bearing Criminal Case No.18/L/12/C pending before the Judicial Magistrate, First Class ('JMFC' for short) at Vasco-da-Gama and also quashing of the summons dated 14/05/2012 issued by the learned JMFC in the said case. 3. The said Criminal Case No.18/L/12/C arises out of a private complaint filed by respondent no. 2, on 30/04/2012, against the accused (petitioner), under Section 26 of the Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 ('the Act' for short). It is alleged that Shri K. A. Sebastian, Labour Enforcement Officer (Central), Vasco-da-Gama, who is an Inspector under the Act, had inspected the establishment of the accused at Vaddem, Vasco-da-Gama, Goa on 01/02/2012 and had observed that the accused...
Sushma C. Hede and Another Vs. Police Inspector and Another
Court: Mumbai Goa
Decided on: Mar-26-2014
Z.A. Haq, J. 1. Heard Shri Arun Bras De Sa, learned Advocate for the Petitioners, Ms. Pinto, learned Public Prosecutor for the Respondent no. 1 and Mr. S. D. Lotlikar, learned Senior Advocate for the Respondent no. 2. 2. This is a Petition filed by the Petitioners under Section 482 of the Code of Criminal Procedure, praying that the Order passed by the learned Magistrate on 06.07.2013 and the consequential FIR No. 196/2013 dated 27.07.2013 registered at the Ponda Police Station, be quashed. 3. The Respondent no. 2 has filed complaint before the learned Magistrate stating that his daughter Sapana, aged about 15 years, is studying in IXth standard in Kamalabai Hede High School, Karai, Shiroda; that on 05.09.2012, in the late evening, she informed the respondent no. 2 that Smt. Sushma Hede (Petitioner no. 1) and Shri Ramkrishna Tukaram Parkar (Petitioner no. 2), had detained her in the school premises for almost three hours and made her sign a false complaint against one Shri Yogesh Khand...
Fatima Bi Ali Kazi Vs. M.A. Rashid and Others
Court: Mumbai Goa
Decided on: Mar-26-2014
Oral Judgment: 1. Heard learned Counsel for the appellant and learned Counsel for respondents no. 1, 3 and 4. None for respondent no. 2. 2. Learned Counsel for the appellant submits that both the Courts below have committed a serious error of law by examining the case of the appellant/plaintiff from a different perspective. He submits that it was never the case of the appellant that the appellant had entered into a contract with the original owner, M/s Zuari Real Estate Company Pvt. Ltd. for purchase of the suit-plot. He has submitted that it was the case of the appellant/plaintiff that she had made an agreement with respondent no. 1/defendant no. 1 who represented to her that he was developing the property of which suit-plot was the part after having entered into an agreement for purchase of the property with the owner and that he had right and authority to transfer the suit-plot and, therefore, the appellant made payment of price of the suit-plot to respondent no. 1. He also submits ...
Nandkishore Naik Vs. State, Through Pp
Court: Mumbai Goa
Decided on: Mar-26-2014
1. Heard Mr Bhobe, learned Counsel appearing on behalf of the appellant and Ms. Milena Gomes Pinto, learned Additional Public Prosecutor (A. P. P.), on behalf of the State. 2. This appeal is directed against the judgment dated 27/04/2012 and further judgment, order and sentence dated 30/04/2012 passed by the learned Additional Sessions Judge-I, South Goa, Margao ('Trial Court') in Sessions Case No.17/2009. 3. The appellant was accused no. 2 in the said Sessions Case and he and one Vishwanath Gaonkar (accused no.1) were tried by the Trial Court for offences punishable under Sections 304 and 201 of the Indian Penal Code ('IPC') and Section 3 read with Section 25 of the Arms Act, 1959. 4. The case of the prosecution, in short, was that on 07/02/2009 at 8.00 p.m. at Temer Bandol Hill, the accused no. 2 committed culpable homicide not amounting to murder by causing death of Mohan Gaonkar by means of firearm and on the same day, at the same time and place, both the accused persons, with thei...
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