Mumbai Goa Court March 2014 Judgments
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Umesh K. Naik and Others Vs. State of Goa Through the Chief Secretary, ...
Court: Mumbai Goa
Decided on: Mar-25-2014
R.S. Dalvi, J. 1. Heard. Rule. Made returnable forthwith. Heard by consent. 2. These are four of the several writ petitions filed in this court challenging orders of cancellation of the appointments of the petitioners to various posts in the Department of Animal Husbandry and Veterinary Services, State of Goa, the Code of Conduct having come into force in view of the elections. Certain complaints having been received with regard to the appointments in certain specified sectors as having been made despite and after the Code of Conduct having come into force and having been made known to the appointing authority, the State Government instituted an inquiry. The result of the inquiry demonstrated various irregularities and illegalities in the selection process. Hence, the State Government issued orders of cancellation of appointments. Two of the writ petitions challenge such notification and orders and pray for various ancillary reliefs. Two other writ petitions require the issue of appoin...
State, Through Medha Dessai, Drug Inspector Vs. Vinod Sharma and Anoth ...
Court: Mumbai Goa
Decided on: Mar-25-2014
1. Heard Mr. Lawande, learned Additional Public Prosecutor (A.P.P., for short), appearing on behalf of the appellant and Mr. Mulgaonkar, learned Counsel appearing on behalf of the respondents. 2. This appeal is preferred by the State against the judgment and order dated 28/10/2010 passed by the Judicial Magistrate, First Class, Mapusa ('Trial Magistrate') in Criminal Case No.91/S/2007/B thereby acquitting the respondents (accused persons) of the offence punishable under Section 27(b)(ii) read with Section 18(c) of the Drugs and Cosmetics Act, 1940 ('the Act' for short). 3. The Drugs Inspector, Panaji, Mrs. Medha Dessai had filed a private complaint against both the accused persons for contravention of Section 18(c) punishable under Section 27(b)(ii) of the Act. The case of the complainant was as follows:- The accused no.1 was running the Shop No.4 situated in Calangute Residency at Calangute and accused no.2 was the lessee of the said shop taken from Goa Tourism and Development Corpora...
M/S. Gold Resorts and Hotel Pvt. Ltd. Vs. Ramkrishna Janardhan Bhat Al ...
Court: Mumbai Goa
Decided on: Mar-25-2014
1. This petition is directed against the order passed on 13.1.2014 by Additional President, Administrative Tribunal of Goa, Panaji, Goa in Miscellaneous Civil Application No.102/2014 in Land Revenue Appeal No.3/2014. 2. Petitioner is the owner of a plot of land admeasuring 10,09,877 square metres (hereinafter referred to as œsaid property?). Petitioner has purchased the said property which forms a part of total land having area of approximately 28,00,000 square metres in survey no.328/1 of village Loliem, Goa. Petitioner's name was duly mutated in form I and XIV of survey no.32 of village Loliem. After name of petitioner was mutated in form I and XIV of village Loliem Goa, as per procedure, petitioner applied to the Deputy Collector and SDO for partition of the suit property out of total area in survey no.328/1 of village Loliem, Goa. The partition proceedings were registered under No.LRC/Part/228/2011/1179. Petitioner has submitted that in the partition proceedings that were ini...
Premanand Gajanan Naik and Another Vs. Sachit Gajanan Naik and Another
Court: Mumbai Goa
Decided on: Mar-25-2014
1. By this petition, the petitioners have challenged the order passed on 20.12.2013 in Regular Civil Suit No. 40/2013/D allowing the impleadment of respondent no.1 as defendant no. 2 to the suit. 2. It is the case of the petitioners that petitioner no.1 and respondent no.1 are brothers and co-owners of immovable property situated at Miranda road, Margao Goa. The petitioners submit that petitioner no.1 and respondent no.1 obtained a construction licence in their joint names for erection of a building on the said immovable property from the MMC Margoa, respondent no. 2. They further submit that petitioner no.1 and respondent no.1 obtained joint licence for construction of the said building and after completion of the building project, respondent no. 2 issued occupancy certificate jointly to petitioner no.1 and respondent no.1. 3. The petitioners submit that said immovable property stands jointly in the names of the petitioner no.1 and respondent no.1. They further submit that sometime in...
Malu Gaonkar (Since Deceased) Represented by His Legal Heirs and Other ...
Court: Mumbai Goa
Decided on: Mar-24-2014
1. This Writ Petition is directed against the order dated 31.10.2013 passed by the Civil Judge, Junior Division, œF? Court Margao, in Regular Civil Suit No. 88/2009/F, thereby allowing the application filed by the respondents/ plaintiffs under Order 6 rule 17 read with Section 151 of CPC for amendment of the pleadings in the plaint. 2. It is the case of the respondents that they are owners in possession of the suit property bearing survey nos.72/2, 72/3, 72/4 of village Cuncolim, Salcete, Goa, this property having being purchased by them vide sale deed dated 11.12.1975 from one Mrs. Maria Anuciacao Ormezinda Furtado. The Respondents have submitted that sometime in the year 1988 when land acquisition proceedings in respect of the portion of the said property were going on, it was discovered by them that one Malu Gaonkar of whom present petitioners are the legal heirs, had conspired with one Cristovam Furtado to collect from the Government, the compensation payable to the owner of ...
Dinesh Pandu Gaude and Another Vs. Biro Bapo Paune and Others
Court: Mumbai Goa
Decided on: Mar-21-2014
1. The Appeal arises out of the Award passed by the Motor Accident Claims Tribunal at Mapusa-Goa in Claim Petition No.22/2003, by which the respondents no.1 and 2 are jointly and severally held liable to pay Rs.3.00 lakhs to the claimants along with interest at the rate of 6 % p.a. from the date of filing of the petition till the realization of the amount along with costs. 2. The relevant facts are: The 14 year old son of the claimants died on 22/7/2002 succumbing to the injuries sustained due to the accident in which the motor vehicle owned by the original respondent no.2 (appellant no.2) driven by the original respondent no.1 (present appellant no.1) was involved. 3. According to the claimants, the deceased and a girl named Jani were given lift by the appellant no.1 in the tempo bearing no.GA-01-W-5934, when the respondent no.1 was going towards the main road Sanquelim. According to the claimants, when the tempo reached near Bedshedwaddo road, the tempo jumped due to the rubble porti...
Praveena R. Doshi and Others Vs. Ganpat Parab and Another
Court: Mumbai Goa
Decided on: Mar-21-2014
Oral Judgment: 1. The Appeal arises out of the Award passed by the learned Presiding Officer of the Motor Accident Claims Tribunal, North Goa, Panaji, in Claim Petition no. 120/1998. 2. The facts of the case are as follows: One Smt. Praveena R. Doshi, had filed the Claim Petition before the Tribunal claiming compensation for the injuries suffered by her in the accident in which the vehicle owned by the Respondent no. 2 and driven by Respondent no. 1 was involved. Smt. Praveena Doshi made the claim for compensation on the ground of loss of income, mental shock, pain, agony and sufferings, medicines and medical expenses, transportation charges, telephone charges, tea, food and breakfast and paying guest rentals. The accident had taken place on 07.07.1998. The Claim Petition was filed by Smt. Praveena R. Doshi and subsequently she executed a Power of Attorney in favour of her son Shri Hemang Doshi. Shri Hemang Doshi, had given evidence on behalf of the original claimant. During the penden...
Agnelo Filomeno Caetano Jose Menezes and Another Vs. Francisco Rosario ...
Court: Mumbai Goa
Decided on: Mar-21-2014
1. This petition is directed against the judgment and order of the District Judge-2, South Goa, Margao passed on 8.10.2013 thereby dismissing the appeal filed by the petitioners against the order passed on 6.4.2013 by the Civil Judge Junior Division, Margao in Regular Civil Suit No. 179/2012/F rejecting their application for grant of temporary injunction. 2. The petitioners are the husband and wife and respondents are also husband and wife. The petitioner no.1 is the brother of respondent no.1. It is the case of the petitioners that they filed a suit for eviction, recovery of possession, mense profits and other consequential reliefs against the respondents. They submitted that the suit property known as œGonbhata? alias œKincamotilem? situated at Maina Curtolim, bearing Land Registration No. 165 presently surveyed under No. 488/16 was purchased by the petitioner no.1 together with his three brothers including respondent no.1 and Manuel and Francisco Santana Menezes by sale ...
Vidhyadhar Atmaram Umarye @ Venkatesh Atmaram Umarye and Others Vs. th ...
Court: Mumbai Goa
Decided on: Mar-21-2014
Oral Judgment: 1. Heard Mr. R.G. Ramani, learned Counsel appearing for the appellants, Mr. S. Vahidulla, learned Government Advocate appearing for respondents No.1 to 5 and Mr. Sudesh Usgaonkar, learned Counsel appearing for the respondents No.16 and 17. 2. The above appeal challenges the Judgment and Decree dated 24th April, 2007 passed in Civil Suit No.5/04(new), whereby the suit filed by the appellants for declaration and permanent injunction came to be dismissed. 3. Mr. Ramani, learned Counsel appearing for the appellants has assailed the impugned judgment on the ground that the disputed property forms part and parcel of the property œNacutxy? or œAmbachem Ghol? situated at Village Kudchirem of Sattari Taluka, described in the Land Registration Office under No. 4797 and surveyed in the record of rights under Survey No.211/1, 211/2 and 211/3, totally admeasuring an area of 1,74,739 sq. metres, approximately. The learned Counsel further points out that the said property c...
Bajaj Allianz General Insurance Co. Ltd. Vs. Fiona Furtado, Major and ...
Court: Mumbai Goa
Decided on: Mar-21-2014
Oral Judgment: 1. The Appeal arises out of the Award passed by the Motor Accident Claims Tribunal in Claim Petition no. 224 of 2003 on 07.02.2008, granting compensation of Rs. 13,14,400/- to the claimants along with interest at 9% per annum. 2. The relevant facts are as follows: Anil Furtado, aged about 28 years, died in an accident on 29.05.2003 in which the car owned by the Respondent no. 4 and driven by Respondent no. 3 was involved. Anil Furtado, died on the spot. The Claim Petition is filed by his widow and minor daughter claiming compensation of Rs.15,00,000/-. The learned Presiding Officer, by the Award dated 07.02.2008, concluded that the claimants had proved that the accident had taken place because of the rash and negligent driving of the car by the Respondent no. 3 and that the death of the deceased was caused by the accident. It is held that the claimants were entitled for Rs. 13,14,400/-. The Appellant has filed this First Appeal challenging the above mentioned Award. By t...
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