Mumbai Goa Court April 2014 Judgments
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State ((Through Special Public Prosecutor) Vs. Srikar Naik Kurade and ...
Court: Mumbai Goa
Decided on: Apr-08-2014
F.M. Reis, J. 1. The above Appeal challenges the Judgment dated 10.07.2003 passed in Sessions Case no.18/2000, whereby, Respondent nos. 1, 3 and 4 were given the benefit of doubt and, consequently, acquitted from charges under Section 120-B, 302 of the Indian Penal Code and Section 25 of the Arms Act and a non-bailable warrant was issued against the Respondent no. 2. 2. It was the case of the Appellants/Prosecution that on 23.11.1999 at 21.30 hours, Shri Prakash Ramchandra Pujari resident of Davorlim, lodged a complaint that on 23.11.1999 at about 20.15 hours, at Khareaband, Margao, his brother in law Guru Pujari, whilst standing near his car, two unknown persons came on a Yamaha motorcycle and fired shots by pistol and fled with the said Yamaha motorcycle; that his said brother in law Gurudas Pujari, collapsed sustaining bleeding injuries and was shifted to the Hospicio Hospital, Margao, where he was declared dead before admission. Accordingly, an offence was registered under Section ...
The Regional Director, Employees State Insurance Corporation Vs. M/S S ...
Court: Mumbai Goa
Decided on: Apr-08-2014
Oral Judgment: 1. Heard learned Counsel appearing on behalf of the appellant and learned Counsel appearing on behalf of respondent no. 1. None present on behalf of respondent no. 2. 2. This appeal is admitted by this Court on 26.02.2004 on the following substantial questions of law, namely (b) and (e):- "(b) Whether the Employees Insurance Court could have ignored the report prepared by the ESI Inspector holding that details of the employee such as name, father's name, place from which he hails, designation, length of service, signature and thumb impression of the employees were not contained in the said report; and whether such details are mandatory as per the provisions of Employees State Insurance Act, rules and regulations and whether failure to incorporate such details renders the report null and void. (e) Whether casual workers and other employees and other servants of the applicant who were working in the respondent establishment could be considered as employees as defined under...
Sandeep Ganapati Karmali and Another Vs. Ajay Shivaji Fatto Dessai and ...
Court: Mumbai Goa
Decided on: Apr-08-2014
Oral Judgment: 1. Heard. Rule returnable forthwith. Heard finally by consent. 2. By this common judgment, Writ Petition No. 643/2013 and Writ Petition No. 658/2013 are being disposed of as both the writ petitions arise out of same order of temporary injunction passed on 20.02.2013 in Regular Civil Suit No. 16/2012/A by Civil Judge, Senior Division, Quepem, which was the subject matter of challenge before the Court of District Judge-2, Margao in two appeals being Miscellaneous Civil Appeal No. 27/2013 and Miscellaneous Civil Appeal No. 28/2013 between the same parties. The learned District Judge-2, South Goa, Margao by his two identical orders passed in both these appeals on 17.07.2013 allowed both the appeals quashing and setting aside the order of temporary injunction dated 20.02.2013 of the trial Court and substituting the same with his order of temporary injunction only against defendants no. 1 and 2, who are respondents no. 4 and 5 in Writ Petition No. 643/2013 and respondents no. ...
Domnic Luis Vs. State Represented by the Pp
Court: Mumbai Goa
Decided on: Apr-04-2014
Oral Judgment: 1. Heard Mr. Bras De Sa, learned Counsel appearing on behalf of the petitioner, and Mrs. Gomes Pinto, learned Additional Public Prosecutor (A.P.P.) appearing on behalf of the respondent. 2. By this Revision Application, the petitioner has taken exception to the judgment and order dated 04/10/2013 passed by the learned Sessions Court, South Goa, Margao (Sessions Court) in Criminal Appeal No. 49/2011. The Revision Application was admitted on 1/10/2013 and hearing was expedited. In this Revision Application, on 03/04/2014, i.e. yesterday, the applicant filed an application under Stamp Number Application No. 910 of 2014 praying therein to direct the respondent to conduct a narco analysis test and/or brain electrical activation test of the petitioner prior to hearing the petitioner's Revision Application. The Revision Application as well as the said Miscellaneous Application are taken up together for final hearing. 3. The petitioner was the appellant in the said Criminal Appe...
BellarmIn Peter Fernandes @ Elias Bernardo Fernandes Vs. Nagendra Kott ...
Court: Mumbai Goa
Decided on: Apr-04-2014
1. This Appeal arises out of the Award passed by the Motor Accidents Claims Tribunal in Clam Petition No.191/2005 on 31/3/2008 by which the Tribunal has partly allowed the Claim petition and has directed the original respondents no.2 and 3 to pay jointly and/or severally to the claimants Rs.20,500/- as compensation with future interest at the rate of 9% per annum from the date of the Claim Petition till payment is made along with proportionate costs. This amount was directed to be paid as interim compensation under no fault liability. 2. The case of the appellant is that he is working as a Junior Engineer in Water Resources Department of Works Divn-III at Ponda in the State of Goa and getting salary of Rs.16,955/- per month. It is the case of the appellant that on 15/8/2004 at about 5.00 p.m., when he was returning along with his friends in the car owned by his wife, from Pollem Margao, an Ambassador car came from the opposite side from wrong side of the road at Carai, Maxem near Canac...
National Insurance Co. Ltd. Vs. Vijay Khedekar and Others
Court: Mumbai Goa
Decided on: Apr-04-2014
Oral Judgment: 1. The Appeal arises out of the Award passed by the Motor Accident Claims Tribunal in Claim Petition no. 44 of 2006 dated 09.04.2008 by which it is held that the original claimants are entitled for compensation at Rs.2,44,995/- as per the calculations. However, it is held that there is negligence on the part of the claimant also, the Tribunal has finalised the amount of compensation at Rs.1,72,000/- along with interest at 9% per annum from the date of the application till the date of the Award. The Tribunal directed that the amount received by the claimants under Section 140 of the Motor Vehicles Act, 1988, shall be adjusted while paying the amount of compensation. 2. The Appeal is filed by the National Insurance Company Limited. The claimants, owner and driver of the vehicle which was involved in the claim, have not filed any Appeal. 3. Heard Shri Timble, learned Counsel for the Appellant and Shri S. S. Kakodkar, learned Counsel for the Respondent no. 1-claimant. None a...
Chandrakant Pednekar and Another Vs. Pradeep D. Chodnekar and Another
Court: Mumbai Goa
Decided on: Apr-04-2014
Oral Judgment: 1. Heard Mr. Narvekar, learned Counsel appearing on behalf of the petitioners and Mr. Ramani, learned Counsel appearing on behalf of the respondents. 2. Rule. By consent, Rule is made returnable and heard forthwith. 3. By this writ petition, the petitioners have challenged the order dated 23/04/2013 passed by the learned District Judge-II, South Goa, Margao (Appellate Court) in Civil Miscellaneous Application No. 16/2013 and also the order dated 30/10/2012 passed by the learned Civil Judge, Senior Division, Quepem (Trial Court) in Civil Miscellaneous Application No. 9/2012/A. 4. The petitioners were the defendants and the respondents were the plaintiffs in Regular Civil Suit No.64/2009/A. Parties shall, hereinafter, be referred to as per their status in the said Civil Suit. 5. The plaintiffs had filed the said suit for eviction of the defendants from the suit portion situated in 'Chodnekar Building' at Bepquegal, Churchorem, Goa; for mesne profits and for payment of arre...
Jitendra Raghuraj Deshprabhu and Another Vs. Mohan Navso Kalsekar and ...
Court: Mumbai Goa
Decided on: Apr-04-2014
Oral Judgment: 1. Heard Mr. D. Pangam, learned counsel appearing for the petitioners and Mr. A. Phadte, learned counsel appearing for the respondent nos. 2a to 2c and 3a. 2. Rule. Heard forth with the consent of the learned counsel. 3. Mr. Phadte, learned counsel waives service on behalf of the respondent nos. 2a to 2c and 3a. 4. The above petition challenges the orders passed by the learned Mamlatdar and the learned Dy. Collector whereby in the proceedings under Section 4 of the Mamlatdar's Courts Act, the learned Mamlatdar has granted a relief inter-alia directing the petitioners, their agents, contractors not to interfere and disturb the respondents from using the natural flow of water from the suit spring for the purpose of domestic use and for irrigating the agricultural land at any point of time. 5. Mr. Pangam, learned counsel appearing for the petitioners has taken me through the impugned order passed by the learned Mamlatdar and drew my attention to the findings of the learned ...
Narayan Sakharam Diukar Vs. Sadanand Vithal Naik Parulekar, (Since Dec ...
Court: Mumbai Goa
Decided on: Apr-04-2014
Oral Judgment:- 1. Heard Mr. S. D. Lotlikar, learned Senior Counsel appearing for the appellant and Mr. M. B. Da Costa, learned Senior Counsel appearing for the respondents. 2. The above appeal came to be admitted on the following substantial question of law by order dated 16.07.2009. œWhether the year in which encroachment has been alleged in the plaint is determinative in a suit for restoration of possession of the encroached land and for recovery of possession based on title particularly when the Court has negated the defence of acquiring the title by prescription raised by defendant? 3. Mr. S. D. Lotlikar, learned Senior Counsel appearing for the appellant has submitted that the appellant has purchased the property pursuant to the sale deed dated 20.05.1981 which was surveyed under nos.207/1 and 207/2 besides another property known as 'Gorbat' as identified in the Schedule attached to the said sale deed. The learned Senior Counsel has taken me through the said sale deed and p...
Gopal Dattu Pal Vs. Administrator of Communidade of Bardez and Others
Court: Mumbai Goa
Decided on: Apr-03-2014
1. The Appeal arises out of the Judgment and Decree passed by the learned Adhoc District Judge (FTC), Mapusa, in Civil Suit no. 70/2005 on 05.01.2008, dismissing the suit filed by the Plaintiffs. 2. The Plaintiff has filed the Civil Suit praying for the Decree for declaration that the allotment of the suit plots 'A' and 'D' made by the original defendant nos. 1, 2, 8 and 9 in favour of the original defendant nos. 3 and 6 are illegal and void and for directions to the defendant nos. 1, 2, 8 and 9 to revoke the allotment of the said plots. The Plaintiff had further sought decree for declaration that the construction licence issued by the original defendant no. 7 in favour of the original defendant no. 3 is illegal and void and for directions to the defendant no. 7 to revoke the construction licence dated 12.08.2005. The Plaintiff sought for decree for mandatory injunction directing the defendant no. 3 to demolish the structure constructed by the defendant no. 3 in the suit plot 'A'. The ...
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