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Mumbai Goa Court April 2015 Judgments

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Apr 10 2015

Deborah Mary Crasto Leclerc Vs. Patrick Oliver Leclerc

Court: Mumbai Goa

Decided on: Apr-10-2015

1. Admit. 2. Mr. Rao, the learned Counsel waives service. 3. Heard finally, with the consent of the learned Counsel for the parties. 4. By this Revision Application, the petitioner/ original applicant wife, is challenging the judgment and order dated 05/02/2015 passed by the learned Sessions Judge, dismissing the appeal filed by the petitioner and thereby confirming the order dated 07/10/2014 passed by the learned Judicial Magistrate, First Class, Mapusa in Criminal Case No. OA/58/DVA/2012/A. 5. The brief facts, necessary for the disposal of the appeal, may be stated thus: That the petitioner is the wife of the respondent. They are blessed with three children, namely a daughter and two sons. The daughter is said to be under vegetative state on account of an accidental injury. The present dispute pertains to an order, by which, the learned Magistrate has allowed the applications filed by the respondent /husband, thereby issuing summons, asking the two sons, namely Scott Leclerc and Bre...


Apr 10 2015

Nanda N. Haldankar Vs. Nalini K. Kulkarni and Others

Court: Mumbai Goa

Decided on: Apr-10-2015

1. A dispute as to seniority between two teachers (one of whom is since dead) has dragged on for more than 28 years giving rise to the present appeal. 2. The respondent no. 1-Smt. Nalini Kulkarni (since deceased) had filed a Civil Suit No. 148/2004; [Regular Civil Suit No. 200/88/A(old)], in which the present appellant-Smt. Nanda Haldankar was the defendant no. 6. The present respondents nos. 2 to 6 were the original defendant nos. 1 to 5. 3. As per the plaint allegations, Samaj Seva Sangh, (hereinafter referred to as, Trust), registered under the Societies Registration Act was running a High School known as M and N English High School (hereinafter referred to as, High School) and was also running a Diploma Course of teaching under the name and style, as Samaj Seva Sangh Training College (hereinafter referred to as, Training College). Undisputedly, the High School and Training College were at the relevant time governed by Goa, Daman and Diu (Grant in Aid) Code (the Code, for short). 4....


Apr 08 2015

UCO Bank Vs. Sulbha Mangesh Naik and Another

Court: Mumbai Goa

Decided on: Apr-08-2015

Oral Judgment: 1. Heard Shri Timble, learned Counsel for the appellant-Bank and Shri Bhobe, learned Counsel for the respondent no. 1. 2. The original complainant is before this Court challenging the judgment and order dated 11.11.2011, by the learned Judicial Magistrate First Class, Margao in Criminal Case No. 83/NI/2007/F. By impugned order, the learned Magistrate has dismissed the complaint filed by the appellant under Section 138 of the Negotiable Instruments Act (N.I. Act, for short), on the ground that the complaint was not filed by a duly authorised representative. 3. The brief facts are that the appellant is a Banking Company. The appellant had advanced a loan to the respondent no. 1 and towards repayment of the outstanding dues, the respondent no. 1 issued a cheque, which was dishonoured on account of insufficient funds. The appellant therefore, filed a complaint under Section 138 of the N.I. Act before the learned Magistrate. It appears that the complaint was signed by one Ram...


Apr 06 2015

EDC Limited Vs. M/s. GKB Opthalmics Ltd. and Others

Court: Mumbai Goa

Decided on: Apr-06-2015

Oral Judgment: 1. This is an appeal at the instance of the original plaintiff, EDC Limited (formerly known as Economic Development Corporation of Goa, Daman and Diu Limited) challenging the judgment and decree dated 28/03/2007, passed by the learned Civil Judge, Senior Division at Panaji in Special Civil Suit No. 55/2001/B. By the impugned judgment, the suit for recovery of money filed by the appellant, has been dismissed. 2. The brief facts, necessary for the disposal of the appeal, may be stated thus: That the appellant is a Financial Institution owned by the Government of Goa and Industrial Development Bank of India. The first respondent M/s. GKB Ophthalmics Ltd. is a Public Limited Company incorporated under the Indian Companies Act, 1956 (Old Act). The second and the third respondents are the promoters/directors and shareholders of the first respondent. Sometime in the month of April, 1996, the first respondent had approached the appellant, with a request for equity participation ...


Apr 01 2015

Dr. Ulhas S. Parab Vs. The Visitor of Goa University, (Appellate Autho ...

Court: Mumbai Goa

Decided on: Apr-01-2015

R.M. Borde, J. 1. The petitioner is praying for issuance of writ of certiorari or any other writ, direction or order in the nature of writ of certiorari for quashing the order dated 08.01.2004 issued by the Chancellor and appellate authority of the Goa University, confirming the order passed by the Goa University by adopting Resolution dated 21.03.2003 thereby awarding penalty of compulsory retirement from service to the petitioner with effect from 29.03.2003. 2. The petitioner was holding the post of Deputy Registrar in Examination Division at Goa University since 31.08.1990. He took over as Controller of Examinations of Goa University on 16.07.1991. There was an incidence concerning alleged mal practice at the examination of M.A. Sociology held in April 1995 in case of one student by name Rajesh Dessai. It is alleged that three answer books concerning papers SC-4, (Philosophical Science Method) SC-6, (Social Stratification) and SC-7 (System and Theory of Kinship) of the Masters of Ar...


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