Mumbai Goa Court March 2015 Judgments
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Meera Vishwanath Patkar and Another Vs. Late Premabai Ramchandra Dessa ...
Court: Mumbai Goa
Decided on: Mar-31-2015
Oral Judgment: (F.M. Reis, J.) 1. Heard Mr. A. D. Bhobe, learned counsel appearing for the appellants, Mr. D. Pangam, learned counsel appearing for respondent no.2 and Mr. J. P. Mulgaonkar, learned counsel appearing for respondent nos. 3 and 4. 2. Admit. Heard forthwith with the consent of the learned counsel. 3. The learned counsel appearing for the respective respondents waive service. 4. Upon hearing the learned counsel appearing for the respective parties, the following point for determination arises in the present appeal. POINT FOR DETERMINATION Whether the learned Judge was justified to pass the impugned order holding that the suit filed by the appellants stands abated? 5. Briefly, the facts of the case are that the plaintiffs filed a suit inter-alia praying for a declaration that the sale deed executed in favour of the defendant nos. 3 and 4 is null and void as the plaintiffs were the co-owners of the disputed property. Further relief sought by the plaintiffs was to declare the ...
Pedro C. D'Mello Vs. State of Goa by the Secretary (Revenue), Governme ...
Court: Mumbai Goa
Decided on: Mar-30-2015
Oral Judgment: (F.M. Reis, J.) 1. Heard Mr. A. F. Diniz, learned Advocate appearing for the petitioner and Mr. V. Rodrigues, Additional Government Advocate appearing for the respondents. 2. The above Writ Petition inter alia seeks to quash and set aside the acquisition proposed by the respondents for construction of road on the ground that there was no effective hearing of the objections raised by the petitioner in the inquiry under Section 5A of the Land Acquisition Act, 1894 (hereinafter referred to as the said Act for short.) 3. Briefly the facts of the case are as under:- Pursuant to the notification dated 1.9.2008 published in Official Gazette under Section 4 of the said Act, land belonging to the petitioner amongst other owners was intended to be acquired for the construction of a road. Land which was belonging to the petitioner proposed for acquisition was admeasuring 145 sq. mts from survey no. 29/5 and 120 square metres from survey no.29/9 of Dessua village. It is further cont...
Meghana Motichand Fatarpekar, Major and Others Vs. Vidhya Fatarpekar, ...
Court: Mumbai Goa
Decided on: Mar-30-2015
Oral Judgment: 1. Heard. Admit. Shri Thali, the learned Counsel for the respondent no. 1 waives notice. Heard finally with the consent of the parties. 2. The petitioners in this criminal revision application are original opponents. The first respondent has filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (Act of 2005, for short) for various reliefs. The present petitioner nos. 1 and 2 are the parents-in-law of the first respondent while the petitioner no. 3 is the brother-in-law of the first respondent. 3. It appears that the first respondent had filed an application in Form No. II, on 20.09.2013 (Exhibit-1). Later the first respondent had filed an application under Section 12 (Exhibit-7) on 21.12.2013. It appears that there was also an application for interim relief filed. On behalf of the applicant, a reply came to be filed to the main application on 16.01.2014. It appears that on 18.03.2014, the applicants filed an application (Exhibi...
Commissioner of Central Excise Vs. M/s. Sunrise Zinc Ltd.
Court: Mumbai Goa
Decided on: Mar-27-2015
1. This is an appeal under Section 35G of the Central Excise Act, 1944 (the Act) challenging the order dated 2/07/2007 passed by the Customs Excise and Service Tax Appellate Tribunal (Tribunal). 2. The appeal was admitted on 30/06/2008 on the following substantial questions of law: (1) Whether there is any discretion with the authorities to waive off penalty under Rule 57U(6) of the Central Excise Rule, 1944 read with Section 11AC of the Central Excise Act, 1944? (2) Whether penalty can be set aside merely because the evaded excise duty is paid before issuance of the Show Cause Notice by the Department? 3. Briefly the facts leading to the present appeal are that on 18/02/1999 the Officers of Central Excise Department intercepted a tempo van bearing registration no.GJ/5U/675. On examination, it was found that the said van was loaded with 20 drums of chemicals under the brand name of DEHPA (spent) (hereinafter referred to as 'goods') which had been loaded from the factory of the responde...
United India Insurance Co. Ltd. Vs. Saish Shivanand Raikar and Others
Court: Mumbai Goa
Decided on: Mar-27-2015
1. The present appeal is preferred by the appellant ie. United India Insurance Co. Ltd, against the judgment and award dated 7.1.2012 passed by the Presiding Officer, Motor Accident Claims Tribunal-II, Margao (Presiding Officer for short) in Claim Petition no.32/2010 whereby the claim petition under Section 166 of Motor Vehicles Act filed by the respondent nos.1 and 2 was partly allowed and the learned Presiding Officer has awarded total compensation of Rs.17,16,665/- together with 9% interest from the date of application. Hence, the present appeal. 2. Parties shall hereinafter referred to as per their original status in the claim petition. 3. The brief facts of the case may be stated as follows:- Claimants have moved the petition under Section 166 of the Motor Vehicles Act claiming total compensation of Rs.39,31,000/- due to death of their mother in the motor vehicular accident. On 20.09.2007 the deceased Nayan, aged about 44 years was pillion rider on the motorcycle bearing registrat...
Filomena Fernandes and Another Vs. Alban Colaco and Another
Court: Mumbai Goa
Decided on: Mar-27-2015
1. The present appeal is directed against the judgment and award dated 28.7.2010 passed by the Presiding Officer, Motor Accident Claims Tribunal-II, Margao (Presiding Officer for short) in Claim Petition no.186/2009 whereby the claim petition under Section 166 of Motor Vehicles Act filed by the appellants was rejected. Hence, the present appeal. 2. Parties shall hereinafter referred to as per their original status in the claim petition. 3. The brief facts of the case may be stated as follows:- Claimants have filed the petition under Section 166 of the Motor Vehicles Act for the compensation on account of death of Piedade Carvalho ( husband of the claimant no.1 and son of claimant no.2). On 25.4.2008 at about 8.30 hours, the deceased Shri Piedade Carvalho was proceeding on a motorcycle bearing registration no. GA-02-Q-4393 from Dhargini towards Uguem, Sanquem and when reached near Uguem bridge suddenly a tipper truck proceeding from Uguem towards Dhargini driven and owned by respondent ...
Sarika Shirodkar Vs. The Bicholim Urban Co-operative Bank Limited and ...
Court: Mumbai Goa
Decided on: Mar-26-2015
Oral Judgment: 1. Admit. 2. Shri Ramani, learned Counsel waives notice for the contesting respondent no. 1 and Shri Amonkar, learned Additional Public Prosecutor waives notice for the respondent no. 2. Heard finally with the consent of the parties. 3. The brief facts are that the petitioner has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, by the learned Judicial Magistrate First Class, Bicholim, in a complaint filed by the first respondent. The petitioner has challenged the same in Criminal Appeal No. 95/2010, which is pending before the learned Additional Sessions Judge at Mapusa. 4. It appears that a contention is raised on behalf of the petitioner that the signatory to the original complaint, had no authority to institute the complaint on behalf of the first respondent-Bicholim Urban Co-operative Bank. 5. It appears that on behalf of the first respondent, an application (Exhibit D-13), purportedly under Section 391 of the Code of Cri...
Nagma Shamu Dhotre and Others Vs. Chandrakant Sakharam Talgaonkar and ...
Court: Mumbai Goa
Decided on: Mar-26-2015
1. The present appeal is preferred by the appellants against the judgment and award dated 30.9.2011 passed by the Motor Accident Claims Tribunal, South Goa, Margao (Presiding Officer for short) in Claim Petition no.130/1994 whereby claim petition under Section 166 of Motor Vehicles Act filed by the appellants is dismissed. 2. Parties shall hereinafter referred to as per their original status in the claim petition. 3. The brief facts of the case may be stated as follows:- Claimants have filed the petition under Section 166 of the Motor Vehicles Act. On 14.9.1993 at about 8.30pm, the deceased Shamu Gangaram Dhotre (i.e. husband of claimant no.1 and father of claimants no. 2 to 6) was proceeding to his residential house situated at Fondkulem, Sanvordem,Goa. When he reached near the primary school at Sanvordem, a truck bearing registration No. GA-02-T-6639 driven by the respondent no.2 in a rash and negligent manner, gave a violent dash to the deceased Shamu Gangaram Dhotre. Due to the das...
Caetaninho Julio Barreto Vs. State Through Police Inspector and Anothe ...
Court: Mumbai Goa
Decided on: Mar-26-2015
Oral Judgment: 1. Admit. 2. The learned Additional Public Prosecutor waives notice on behalf of the respondents. 3. Heard finally, with the consent of the learned Counsel for the parties. 4. By this Criminal Revision Application, the original accused is challenging the order dated 01/12/2014, by which, the learned Additional Sessions Judge, Panaji has directed a charge under Sections 306, 304-B and 498-A of Indian Penal Code (I.P.C., for short) to be framed against the applicant. 5. The brief facts, necessary for the disposal of the Revision Application, may be stated thus: That the applicant was married with now deceased Fatima Pereira on 20/09/2008. It is said that the deceased was highly educated and was working as a Lecturer in Mathematics. According to the prosecution, the marriage ran into rough weather shortly thereafter and the parties started staying separately from 27/11/2008. While the deceased Fatima was staying with her father Thomas Pereira, she committed suicide by hangi...
Gopalkrishna Shantaram Borkar Vs. State of Goa, through its Chief Secr ...
Court: Mumbai Goa
Decided on: Mar-25-2015
Oral Judgment: (F.M. Reis, J.) 1. Heard Shri D. Zaveri, learned Counsel appearing for the petitioner, Shri V. Rodrigues, learned Additional Government Advocate appearing for the respondents and Advocate Shri D. Pangam, learned Amicus Curiae. 2. The above petition, inter alia, seeks for regularisation of the services rendered by the petitioner, on the ground that he was in the select list of the duly conducted selection process. It is the case of the petitioner that pursuant to an advertisement published in a local newspaper on 7th/8th March, 2006, the petitioner applied for the post of Watchman in the establishment of the respondents. The Departmental Selection Committee met to fill up the said vacant post on 2/8/2006 and the petitioner, upon assessment by such a Committee, apparently was recommended for the said post of Watchman. The petitioner was first in the merit list. An offer of appointment came to be issued to the petitioner on 11th December, 2006 on contractual basis. Thereaft...
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