Mumbai Goa Court June 2014 Judgments
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Sidharth Naik Vs. The State of Goa, Through Police Inspector
Court: Mumbai Goa
Decided on: Jun-13-2014
Oral Judgment: 1. Heard rival submissions on this criminal revision petition challenging the judgment and order dated 21/11/2013 passed by the Judicial Magistrate First Class, Canacona, Goa and subsequent order dated 28/03/2014 passed by Additional Sessions Judge, South Goa, Margao. 2. By the order of the Judicial Magistrate First Class, Canacona, Goa, the present revision petitioner was convicted for the offence punishable under Sections 279,337 and 338 of Indian Penal Code and was directed to suffer simple imprisonment for the period of 2 months, 1 month and 3 months, respectively. He was also directed to pay fine for the offence punishable under Section 134(a)(b) of Motor Vehicles Act and also directed to pay fine of Rs.1,000/- under Section 196 of the Motor Vehicles Act. Certain other fine amounts were also imposed on contravention for relevant provisions of Central Motor Vehicle Rules. 3. In short, the main conviction is for the offences punishable under Sections 279, 337 and 338 ...
Lateran Max Francisco Vaz and Others Vs. Volvetta Gomes and Others
Court: Mumbai Goa
Decided on: Jun-13-2014
1. Heard Mr. Dessai, learned Senior Counsel appearing on behalf of the appellants and Mr. Mascarenhas, learned Counsel appearing on behalf of respondents no. 1 to 4. 2. This Second Appeal is filed against the judgment, order and decree dated 21/01/2004 passed by the Additional District Judge-III, South Goa, Margao (First Appellate Court) in Regular Civil Appeal No. 42 of 2001, by which the Judgment, order and decree dated 12/03/2001 passed by the Civil Judge Junior Division, Margao, (Trial Court), in Regular Civil suit No. 39/1986/C, has been quashed and set aside. 3. The appellants and respondents no. 5 to 8 were the plaintiffs in said Civil Suit whereas respondents no. 1 to 4 and 9 were the original defendants therein. Parties shall, hereinafter, be referred to as per their status in the said civil suit. 4. The plaintiffs had filed the said suit for permanent injunction to restrain the defendants, their relations, servants, etc. from encroaching into the plaintiffs' land and/or from ...
Jovita Olga Ignesia Mascarenhas e Coutinho Vs. Rajan Maria Coutinho an ...
Court: Mumbai Goa
Decided on: Jun-13-2014
1. Heard Mr. Coutinho, learned Counsel appearing on behalf of the petitioner and Mr. Menezes, learned Counsel appearing on behalf of respondent no. 1. In this matter, Rule was issued by order dated 04/04/2012 and hearing was expedited. 2. By this petition, the petitioner has challenged the order dated 07/07/2011 passed by the learned Additional Sessions Judge, FTC-I, Margao (Sessions Judge, for short), in Criminal Appeal No. 98/2010. 3. The petitioner and respondent no. 1 were married on 10/04/2005 and according to the petitioner they lived together till 18/04/2006, on which day she was forcibly driven out of the house by the respondent no. 1 whereas according to the respondent no. 1, the petitioner left the matrimonial house on 24/05/2006, without his consent. The marriage has been annulled by the Patriarchal Tribunal for the Archdiocese of Goa and Daman by judgment dated 17/09/2009 and the registration of their marriage has been cancelled. The petitioner filed an application in the p...
Damaciano Fernandes Vs. St. Anthony's Chapel and Another
Court: Mumbai Goa
Decided on: Jun-13-2014
1. Heard Mr. Diniz, learned Counsel appearing on behalf of the appellant and Mr. Coutinho, learned Counsel appearing on behalf of the respondents. 2. This Second Appeal is directed against the judgment, order and decree dated 07/08/2004, passed by the learned Additional District Judge, Margao (First Appellate Court) in Regular Civil Appeal No. 84 of 2002. 3. By the impugned judgment, the judgment, order and decree dated 26/03/2002 passed by the learned Civil Judge, Junior Division, Canacona (Trial Court) in Regular Civil Suit No. 106/1988 (Old Regular Civil Suit No. 142/1986) has been confirmed. 4. The appellant was the defendant and the respondent no. 1 was the plaintiff in the said civil suit. The plaintiff, who claimed to be an unincorporated and unregistered Association, had filed the said suit in representative capacity against the defendant for permanent injunction to restrain the defendant from interfering with or constructing any structure in the suit property situated at Masti...
Communidade of Chicalim Vs. Collector and District Magistrate and Anot ...
Court: Mumbai Goa
Decided on: Jun-11-2014
Oral Judgment: (Ranjit More, J.) 1. Heard the learned Counsel appearing for the respective parties. 2. By the present appeal, the appellant is challenging the Judgment and Award dated 31st July, 2007, passed by the learned District Judge, South Goa, Margao in Land Acquisition Case No.61/2003. The said land acquisition case was filed under Section 18 of the Works of Defence Act, 1903 (the Act for short) for enhancement of the compensation at the rate of Rs. 1000/- per sq. metre. The said reference has been rejected by the impugned Judgment and Award. 3. By the notification dated 16th March, 1992, under Section 3 of the Works of Defence Act, 1903 issued by the Ministry of Defence, Government of India, New Delhi, the restrictions as specified in clause (b) of Section 7 of the Act were imposed upon use and enjoyment of the appellant's land situated in Village Chicalim, Mormugao Taluka, South Goa District being the land in the vicinity of the Naval Armament Depot, Goa. The Land Acquisition ...
Vasudev Naik Vs. State Represented by the PP
Court: Mumbai Goa
Decided on: Jun-11-2014
Oral Judgment: 1. Heard rival arguments at length. This criminal revision is filed by the applicant/original accused challenging the judgment and order of conviction dated 16/08/2012 passed by Judicial Magistrate First Class, Vasco in Criminal Case No.63/S/2010/D and also challenging the order dated 13/04/2012 passed by Additional Sessions Judge, Fast Track Court, South Goa, Margao dismissing the Criminal Appeal No.84/2011. 2. Present applicant/original accused was charged for the offences punishable under Section 279 and 304 of Indian Penal Code. He was convicted by the Judicial Magistrate First Class, Vasco and was sentenced to suffer simple imprisonment for 6 months and one year respectively for the said offences. He was also directed to pay the respective fine amounts. The fine amounts are reportedly paid. Being aggrieved by the conviction and also dismissal of the appeal, present revision petition is filed. 3. Prior to discussing the rival arguments certain factual position can be...
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