Mumbai Goa Court May 2014 Judgments
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The United India Insurance Co. Ltd. Vs. Milagres Francisco Palha and O ...
Court: Mumbai Goa
Decided on: May-09-2014
1. Heard Mr. Netrawalkar, learned Counsel appearing on behalf of the appellant, Mr. Naik, learned Counsel appearing on behalf of respondents no. 1 to 5, Mr. Mulgaonkar, learned Counsel appearing on behalf of respondent no. 6 and Mr. Kantak, learned Counsel appearing on behalf of respondents no. 7 and 8. 2. On 24/04/2014, the parties agreed that the matter be disposed of at the stage of admission itself. Hence, the matter was heard finally. 3. By this appeal, the appellant has challenged the judgment and award dated 21/06/2013 passed by the learned Motor Accident Claims Tribunal at Panaji ('Tribunal', for short), in Claim Petition No. 54/2009. 4. The appellant, which was the insurer of Tempo bearing No. GA-01/T-9484 was the respondent no.2; respondents no. 1 to 5 were the claimants; respondent no. 6, the driver and owner of said Tempo bearing No. GA-01/T-9484 was respondent no. 1 whereas respondents no. 7 and 8, respectively the driver and owner of Kadamba Bus No. GA-01/X-0152, were the...
Dr. Ajit B. Kerkar and Another Vs. Dr. Shailendra P. Mittal and Others
Court: Mumbai Goa
Decided on: May-08-2014
1. Heard Mr. Dessai, learned Senior Counsel appearing on behalf of the petitioners and Mr. Jagtiyani, learned Senior Counsel appearing on behalf of the respondents. 2. By this revision application, the petitioners have taken exception to the order dated 23/05/2012, passed by the learned Civil Judge, Senior Division, Vasco-da-Gama, Goa ('trial Court'), on an application under Section 8 of the Arbitration and Conciliation Act, 1996 ('the Arbitration Act', for short), filed by the petitioners, in Special Civil Suit No. 07/2007/A. 3. A Memorandum of Understanding dated 26/04/2000 (MOU, for short) was executed between the petitioner no. 2-Company (THPL, for short) represented by the petitioner no.1 (ABK, for short) and respondent no.1 (SM, for short) whereby it was proposed to incorporate a Private Limited Company i.e. Joint Venture Company (JVCO, for short) for the purpose of managing and running Bogmolo Beach Resort (BBR, for short) belonging to the respondent no. 3-Company (TWHL, for sho...
M/S. Madgavkars Salvage and Towage Company Pvt., Limited Vs. United In ...
Court: Mumbai Goa
Decided on: May-08-2014
F.M. Reis, J. 1. Heard Mr. A. D. Bhobe, learned counsel appearing for the appellant and Mr. E. Afonso, learned counsel appearing for the respondent. 2. The above appeal challenges the judgment dated 31.05.2001 passed by the learned Civil Judge Senior Division, Panaji, in Special Civil Suit No.105/90 whereby the suit filed by the appellant came to be dismissed. 3. In the nutshell, the case of the appellant is that they are one of India's leading salvage companies and had carried out salvage operations on different occasions and that they were sanctioned to purchase a secondhand foreign vessel known as œSayremar Dos?. Accordingly, the said vessel was purchased for Rs.38,13,842.10/- which was partly financed by Bank of Maharashtra. It is further their case that they had carried out various improvements to the vessel and the insurance policy was renewed in February, 1988. The value of the vessel was increased to Rs.60 lakhs based on the valuation of the vessel. It is further their ca...
Anil Barmu Patil Vs. State of Goa, Through the Secretary, Public Works ...
Court: Mumbai Goa
Decided on: May-07-2014
Z.A. Haq, J. 1. Heard. Rule. Rule made returnable forthwith. 2. This Writ Petition and the other connected writ petitions raise the issue about the entitlement of the petitioner to join/continue on the post of œLabourer? Group œD? Non-Gazetted posts on Work-charged Establishment in the Public Works Department- P.W.D. of the State. 3. The relevant facts are: An advertisement was published in the œTimes of India? Goa Edition dated 11/2/2011 inviting applications for the posts of Labourer on Work-charged establishment of the Public Works Department of the Government of Goa. Forty posts of Labourers were advertised and the reservations were also shown. It was stated that the number of vacancies shown in the advertisement were tentative and likely to increase. It was further stated that the additional vacancies likely to occur within the validity period of DSC will also be considered for filling up from amongst the candidates who applied in response to the advertisement an...
Mahesh Prabhakar Kamat Vs. the Kadamba Transport Corporation Limited a ...
Court: Mumbai Goa
Decided on: May-07-2014
Z.A. Haq, J. 1. The petitioner challenges his compulsory retirement on the ground that it is punitive in nature and not in public interest and therefore, the decision of compulsory retirement could not have been taken without conducting an inquiry as contemplated by the Central Civil Services (Classification, Control and Appeal) Rules, 1965. The petitioner has further raised the ground that the Resolution no. 71 of 2007 passed by the Board of Directors on the basis of which the petitioner is retired compulsorily does not record satisfaction of the Board of Directors to the effect that the petitioner has ceased to possess the level of competency and efficiency and therefore, the decision of retiring the petitioner compulsorily is unsustainable in law. 2. The case of the petitioner is: The petitioner was appointed as Accountant in the Respondent no.1/Corporation on 13/12/1982. The petitioner was appointed as Assistant Financial Controller in 1985 promoted as Deputy Financial Controller i...
The Zuari Industries Ltd. Vs. State of Goa Through the Chief Secretary ...
Court: Mumbai Goa
Decided on: May-07-2014
Z.A. Haq, J. 1. In this case, undisputedly two employees' unions had been recognized by the petitioner-Industry since 1973 till the present dispute arose. The two unions are : (i) Zuari Agro Chemicals Employees' Union, (hereinafter referred to as œthe Employees' Union?), representing the majority of the workers; and (ii) Zuari Agro Chemicals Workers' Union (hereinafter referred to as œthe Workers' Union?), (which was deregistered at the time of filing of this writ petition.). 2. The Petitioner-Industry had been negotiating and entering into settlements from time to time with both the above mentioned Unions since 1973 till the present dispute had started. 3. On 25th April, 1994, the petitioner-Industry entered into a settlement in conciliation as provided under Section 12(3) of the Industrial Disputes Act, 1947 with the Employees' Union. On 22nd June, 1994, the petitioner-Industry entered into a settlement with the Workers' Union. The settlement dated 22nd June, 1994 was cha...
insiyah Aliasgar Shakir and Others Vs. the Village Panchayat of Cana-b ...
Court: Mumbai Goa
Decided on: May-07-2014
Oral Judgment: (F.M. Reis, J.) 1. Heard Shri B. Zaiwalla, learned Senior Counsel appearing for the petitioners, Shri M. P. Almeida, learned Counsel appearing for the respondent No.1 and Mr. A.N.S. Nadkarni, learned Advocate General appearing for the respondent No.2. 2. Rule. Rule made returnable forthwith. Heard by consent. 3. The above petition, inter alia, seeks to quash and set aside the order dated 22nd December, 2012, passed by respondent No.1 as well as the notice dated 25th May, 2012 issued by respondent No.2. The other relief sought by the petitioners is to direct the respondent Panchayat to renew the licence dated 14th March, 2008 in view of the application filed by the petitioners dated 8th February, 2011. 4. Briefly, the facts of the case are that the petitioners obtained a licence for putting up a construction in the property surveyed under No.378/1 of Benaulim Village, in a portion of land admeasuring 2,677 sq. metres. It appears that another portion of the property admeas...
Royal Sundaram Alliance Insurance Co. Ltd. Vs. Hanamava Yamanappa Jedi ...
Court: Mumbai Goa
Decided on: May-07-2014
1. By consent, heard finally at the stage of admission. 2. Mr. Afonso, learned Counsel, argued on behalf of the appellant and Mr. Kurtikar, learned Counsel, argued on behalf of respondents no. 1, 2 and 3. 3. This appeal is directed against the judgment and award dated 07/09/2013 passed by the learned Presiding Officer of the Motor Accident Claims Tribunal at Mapusa (Tribunal, for short) in Claim Petition No. 13 of 2012. 4. The appellant was the respondent no. 3-Insurance Company in the said claim petition; respondents no. 1, 2 and 3 were the claimants; and respondents no. 4 and 5 were the respondents no. 1 and 2. The parties shall hereinafter be referred as per their status in the said Claim Petition. 5. The claimants had filed the said petition under Section 166 of the Motor Vehicles Act, 1988 (M.V. Act, for short) claiming compensation of Rs. 36,00,000/-, on account of death of son of claimant no.1 and the brother of claimants no. 2 and 3 who died in the motor vehicular accident, whi...
Simao Cardozo and Others Vs. National Insurance Company Ltd. and Other ...
Court: Mumbai Goa
Decided on: May-06-2014
1. Heard Mr. Coutinho, learned Counsel appearing on behalf of the appellants and Ms. Mandrekar, learned Counsel appearing on behalf of respondent no.1. 2. This appeal was admitted by order dated 25/06/2010 and hearing was expedited. 3. This appeal is directed against the judgment and award dated 09/07/2009 passed by the learned Presiding Officer of Motor Accident, Claims Tribunal, Margao ('Tribunal' for short) in Claim Petition No. 36/2007. The appellants were the claimants, whereas respondent no. 1-Insurance Company was also respondent no. 1 in the said Claim Petition. Parties shall, hereinafter, be referred to as per their status in the said Claim Petition. 4. The claimants had filed the said petition under Section 166 of the Motor Vehicles Act, 1988 ('M. V. Act', for short) for compensation of Rs. 12,00,000/- on account of death of Savio Nicholas Cardozo, son of claimants no. 1 and 2 and brother of claimant no. 3. Case of the claimants was as follows: On 06/10/2006, at 10.40 hours, ...
M/S Cosme Mathias Menezes, Pvt. Ltd. Vs. M/S Naguesh Electronics, Part ...
Court: Mumbai Goa
Decided on: May-05-2014
1. This petition is directed against the order passed on 12.4.2013 in Miscellaneous Civil Appeal No. 74/2012 thereby setting aside the order dated 27.6.2012 passed by Civil Judge, Senior Division, Panaji, rejecting the application of the respondents filed under Order 9 Rule 13 of CPC seeking quashing and setting aside of ex-parte judgment and decree dated 12.01.2010. 2. The facts relevant for deciding this petition are stated in brief as under:- a) The petitioner filed a suit for recovery of money against the respondents. Initially the suit was filed against the proprietorship firm namely, M/s Naguesh Electronics, through its sole proprietor Mr. Ratnakant Naik. The suit was not filed against partnership firm or against its partners. b) The sole proprietor, on receipt of the summons, appeared before the trial Court on 3.9.2005 and filed his written statement together with counter claim. A preliminary objection was taken by the sole defendant that firm, M/s Naguesh Electronics, was a dul...
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