Mumbai Goa Court May 2014 Judgments
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Medhana Digamber Harmalkar Vs. Mamata Mahadev Gadekar and Others
Court: Mumbai Goa
Decided on: May-02-2014
1. The Appeal arises out of the Judgment and Decree passed by the District Judge-II at Panaji, in Civil Suit no. 305/2004, on 26.12.07, by which the suit filed by the Respondent is partly decreed directing the original defendant no. 2-Sarpanch,Village Panchayat of Guirim to initiate an action against the illegal construction carried out by the Appellant, according to law. The learned Trial Judge has further directed the original defendant no. 3-Senior Town Planner to revoke the approved revised plan of the Appellant and the licence/permission granted in favour of the Appellant is declared as null and void. 2. The case of the Respondent no. 1-Plaintiff is that she is the neighbor of the Appellant-original defendant no. 1, that the Appellant-defendant no. 1 has illegally constructed a house because of which the Respondent no. 1-original Plaintiff is directly affected. According to the Plaintiff, show cause notice dated 27.03.2001 was issued to the defendant no. 1 after a report was prepa...
Madhavi G. Amonkar Vs. Cristeu Dias and Another
Court: Mumbai Goa
Decided on: May-02-2014
1. The appeal arises out of the order passed by the Motor Accident Claims Tribunal for the Taluka of Salcete at Margao in Claim Petition on 12.06.2008, by which this claim petition filed by the appellant is rejected with costs, mainly on the ground that the appellant has failed to prove the involvement of the respondent no. 1 and his vehicle in the accident. 2. The case of the claimant, aged about 40 years at the time of the accident, is that while walking on the katcha road facing Betalbatim, the respondent no. 1 gave a dash while riding his motorcycle rashly and negligently because of which she sustained injuries. 3. The case of the respondent no. 1 is that the accident has not occurred because of the dash given by him as alleged by the appellant. According to the respondent no. 1, some other vehicle had given a dash because of which she fell unconscious on the road and he had taken the appellant to the hospital. According to the respondent no. 1, when he went to the hospital, he had...
M/S. Dom Francisco Flat Owners Co-op. Housing Society Ltd. Vs. M/S. Al ...
Court: Mumbai Goa
Decided on: May-02-2014
1. The only point which arises in this appeal for consideration is:- Whether the plaint can be rejected under Order VII, Rule 11(a) of the Code of Civil Procedure, on the ground that the plaintiff has no cause of action. 2. Heard Shri A. D. Bhobe, learned Advocate for the appellants, Shri. Shivan Dessai, learned Advocate for the respondents No.1,2,4 and 5, and Shri. S. Vahidulla, learned Government Advocate for the respondents No.6 to 8 and examined the record with the assistance of the learned Advocates. 3. The appellant had filed the suit praying for a decree for permanent injunction and mandatory injunction against the respondents No.1 to 5. The respondents No.1 to 4 had filed an application under Order VII, Rule 11 of the Code of Civil Procedure, praying for rejection of the plaint on the following grounds : (i) There is no cause of action in favour of the plaintiff in the absence of any privity of contract spelt or brought out in the plaint. (ii) That the original defendants No.6 ...
Norman Edward D'souza Vs. Dr. Luiza Maria Ruth Blinda Fernandes and Ot ...
Court: Mumbai Goa
Decided on: May-02-2014
1. Being dissatisfied with the order passed by the President, Administrative Tribunal, Goa on 10/02/2014, the petitioner has preferred the present Writ Petition. 2. It is the case of the petitioner that he had filed an application before the Deputy Collector on 02/02/1998 for carrying out resurvey under the provisions of Goa, Daman and Diu Land Revenue Code, 1968 in respect of the land bearing old cadastral survey no. 13 which was in his possession. The reason being that, at the time of cadastral survey, demarcation of the land was not done properly and there was no proper calculation of the area and the old cadastral survey no. 13 was incorrectly split out into three new survey nos. 65/3, 62/2(part) and 67/01(part). 3. This application was filed by the petitioner against seven parties, who are respondent nos. 2 to 8, to the present petition. The interested party who is now respondent no.1, was joined as respondent no.8 to the said application after her application to join as necessary...
Chandrappa Durgappa Harijan and Others Vs. Harishchandra Umesh Parulek ...
Court: Mumbai Goa
Decided on: May-02-2014
1. The Appeal arises out of the Award passed by the Motor Accident Claims Tribunal, South Goa, at Margao, in Claim Petition no. 104/2006 on 31.07.2008, by which, the Claim Petition filed by the Appellants is dismissed on the ground that the Appellants have failed to prove that the car was driven rashly and negligently at the time of the accident. 2. The case of the Appellants is that Shri Muchukandi Chandrappa Harijan, the son of the Appellant nos. 1 and 2, husband of the Appellant no. 3 and father of the Appellant no. 4, died because of the injuries suffered by him in the accident which had taken place on 11.01.2006 at about 8.06 a.m. According to the Appellants, the deceased was proceeding from NSD Dabolim to Vasco, on his bicycle and when he reached the four lane highway near Alto Dabolim, a Maruti car driven by the Respondent no. 1 rashly and negligently dashed against him due to which he suffered injuries and expired. The car involved in the accident was owned by the Respondent no...
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