Mumbai Goa Court June 2015 Judgments
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Umanath Naik and Another Vs. Vinayak Shrinivas Naik, (since deceased) ...
Court: Mumbai Goa
Decided on: Jun-23-2015
1. Heard. Admit. 2. Ms. Palyekar, the learned Counsel waives service for the respondent nos.1(i) to (iii). Shri Ramani, the learned Counsel waives service for the respondent no.2. 3. Second Appeal is taken up for final disposal with the consent of the parties. 4. The appellants are the original plaintiffs. Respondent nos.1(i) to (iii) are the legal representatives of Vinayak Naik, original defendant no.1 who is the brother of the appellant no.1. The second respondent is an Urban Cooperative Bank. 5. According to the appellants, the appellant no.1 had obtained a loan of Rs.45,000/- from the second respondent. It is contended that the loan was obtained in the name of original defendant no.1 Vinayak Naik (since deceased). The appellants had pledged their gold ornaments as a security for the loan with the Bank. It is undisputed that the entire loan amount has been repaid on 07/06/2002 and the loan account is closed. The amount has been repaid by the appellants. 6. Some time towards the end...
State (Through Range Forest Officer Netrawal – Goa) Vs. ...
Court: Mumbai Goa
Decided on: Jun-22-2015
1. Admit. The learned Counsel for the respondent waives notice. 2. Heard finally, with consent. 3. By this Revision Application, the State is challenging the judgment and order dated 01/09/2014 passed by the learned Sessions Judge in Criminal Revision Application No.36/2014. By the impugned judgment, the learned Sessions Judge has set aside the order dated 27/03/2014 passed by the learned Judicial Magistrate, First Class at Sanguem in Criminal Case No.14/AOA/2013, by which the learned Magistrate had held that the confessional statement of the respondent, recorded by a Deputy Range Forest Officer is admissible in evidence. 4. The brief facts are that the respondent is the original accused no.1. On 14/11/2010, the respondent was intercepted and detained while driving a Tata Indica Vehicle bearing No. GA-02-S-0788 while he was proceeding from Netravali to Verlem. During the search of the said vehicle, two plastic bags containing meat of a wild boar were recovered. During the course of inv...
Damodar G. Lotlikar Vs. State of Goa, through, the Secretary (Revenue) ...
Court: Mumbai Goa
Decided on: Jun-18-2015
Oral Judgment: (F.M. Reis, J.) 1. Heard Mr. S. D. Lotlikar, learned Senior Counsel appearing for the petitioner, Mr. V. Rodrigues, learned dditional Government Advocate appearing for the respondent nos. 1 and 2 and Mr. D. Pangam, learned Advocate appearing for the respondent no. 3. 2. The above petition inter alia seeks to quash and set aside the notification dated 5.1.2007 issued under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the said Act?) as well as notification dated 3.1.2008 issued under Section 6 of the said Act as well as notice under Sections 9 and 10 of the said Act dated 21.8.2008. 3. Briefly the facts of the case are that the petitioner purchased a plot of land admeasuring an area of 1185 square metres situated in the village of Davorlim village pursuant to the Sale Deed dated 16.11.1978. It appears that in view of the dispute with regard to the interference inter alia in the said property by some persons namely Mr. Manuel Miranda, a civil proc...
Abdul Manan Neamati and Others Vs. State of Goa, Through Public Prosec ...
Court: Mumbai Goa
Decided on: Jun-16-2015
Oral Judgment: (K.L. Wadane, J.) 1. Heard Mr. G. Agni, learned counsel appearing for the petitioners, Mr. S. R. Rivonkar, learned Public Prosecutor appearing for respondent no.1 and Mr. P. Arolkar, learned counsel appearing for respondent nos. 2 to 4. 2. Rule. Heard forthwith with the consent of the learned counsel. 3. The learned counsel appearing for the respective respondents waive service. 4. The present petition is filed by the petitioners/accused nos. 1 to 7 invoking writ jurisdiction under Articles 226 and 227 of the Constitution of India read with Section 482 of the Criminal Procedure Code for compounding of the offence and quashing and setting aside the charge sheet dated 20.12.2014 pending before the Judicial Magistrate First Class, Panaji. 5. The brief facts of the case may be stated as follows: The petitioners are the original accused while respondent nos. 2 to 4 are the original complainant/victims in Criminal Case No. IPC/45/15/D pending before the Judicial Magistrate Fir...
Yeshwant Laxman Pai Raikar and Another Vs. Laxman V. Singbal and Other ...
Court: Mumbai Goa
Decided on: Jun-12-2015
Oral Judgment: 1. Heard Shri A. Nachinolkar, learned Counsel appearing for the petitioners and Shri V.P. Thali, learned Counsel appearing for the respondents. 2. Rule. Heard forthwith, with the consent of the learned Counsel. Learned Counsel appearing for the respondents waives service. 3. The above petition takes exception to an order dated 11th December, 2014 whereby an application filed by the petitioners to lead secondary evidence came to be dismissed. 4. Shri Nachinolkar, learned Counsel appearing for the petitioners has pointed out that the suit filed by the respondents is for specific performance of an agreement and the case of the petitioners, inter alia, is that the agreement which is sought to be relied upon by the respondents is a sham agreement and that such an agreement was executed for a specific purpose. The learned Counsel further points out that in support of their defence, the petitioners have also relied upon a document which is styled as Addendum to the Agreement da...
Felix Agnel Rodrigues and Others Vs. State of Goa, through the Chief S ...
Court: Mumbai Goa
Decided on: Jun-11-2015
Oral Judgment: (F.M. Reis, J.) 1. Heard Mr. J. Lobo, learned Counsel appearing for the petitioners, Mr. Amogh Prabhudessai, learned Additional Government Advocate appearing for respondents No.1 and 4, Mr. Anthony D'Silva, learned Counsel appearing for respondent No.2, Mr. Ashwin D. Bhobe, learned Counsel appearing for respondent No.3, Mr. N. Pai, learned Additional Government Advocate appearing for respondent No.6 and Mr. S.S. Kantak, learned Senior Counsel appearing for the petitioners in Writ Petition No.288/2015. 2. Rule. Heard forthwith with the consent of the learned Counsel appearing for the parties. The learned Counsel for the respondents waive notice. 3. The petition was heard at length. Mr. J. Lobo, learned Counsel appearing for the petitioners has raised three main contentions. The learned Counsel has pointed out that on the garb of an order passed by this Court whilst disposing of Writ Petition No.288/2015, the respondents have colluded themselves to drain the water from the...
Perfeta @ Perpetua Camelo Marques and Another Vs. Dilip Galande and Ot ...
Court: Mumbai Goa
Decided on: Jun-09-2015
1. The present appeal is presented by the original claimants against the judgment and award passed by the learned Presiding Officer, M.A.C.T., Panaji (hereinafter referred to as 'Presiding Officer') in Claim Petition No.107/2007 dated 10/02/2011, by which the claim petition of the claimants is partly allowed and compensation of Rs.6,28,500/- is granted to the claimants along with interest at the rate of 9% p.a. The claimants / appellants have presented this appeal mainly on the ground that the amount of compensation awarded to them is very meagre and disproportionate to the earning of the deceased. 2.Brief facts of the case may be stated as follows : (Parties are referred to their original status) The son of the claimants namely Raymond Anthony Marques, aged about 20 years, a sportsman “ footballer was riding on his motorcycle bearing registration No. GA 01 / B 6913 (hereinafter referred to as 'motorcycle') on national highway No.17. When he reached at the spot of accident i.e. a...
Bajaj Allianz General Insurance Co. Ltd. Vs. Ramanlal Patel and Others
Court: Mumbai Goa
Decided on: Jun-09-2015
1. The present appeal is preferred by the original respondent No.3 against the Judgment and award passed by the learned Presiding Officer, M.A.C.T., Salcete, Margao in Claim Petition No.163/2014 dated 24 July 2008, by which the claim petition is partly allowed and the respondent Nos.2, 3 and 5, 6 were directed to pay compensation of Rs.5,61,600/- to the claimants in proportion of 40/60 along with 9% interest. 2. Brief facts of the case may be stated as follows: (Parties are referred to their original status) The claimants “ parents of the deceased Dinesh filed the application under provision of 166 of the Motor Vehicle Act. On the day of accident i.e. on 12/02/2004 deceased Dinesh was proceeding from Verna to Margao on the vehicle bearing registration No. GA 01 / P 7153 (hereinafter referred to as 'motorcycle'). At the relevant time a mini bus bearing registration No. GA 02 / T 4199 (hereinafter referred to as 'bus') was coming in rash and negligent manner from opposite side. One...
Robert Lobo and Another Vs. Alwyn Rodrigues, (now since deceased) thro ...
Court: Mumbai Goa
Decided on: Jun-09-2015
Oral Judgment: 1. Heard Shri Ressano De Noronha, the learned Counsel appearing for the petitioners and Shri R. G. Rivankar, the learned Counsel appearing for the respondents. 2. Rule. Heard forthwith, by consent. 3. The learned Counsel appearing for the respondents waives service. 4. The above petition, inter alia, seeks to challenge the order passed by the Civil Judge, Junior Division at Bicholim dated 18/10/2014, whereby the application for amendment of written statement filed by the petitioners came to be dismissed. 5. Upon hearing the learned Counsel appearing for the respective parties, I find that a suit for injunction and restoration of possession in respect of the suit property Survey No.424/0 situated at village Tivim came to be resisted by the petitioners on the ground that the disputed construction has been put up in the property Survey No.426/0 of the same village. It is pointed out by the learned Counsel appearing for the petitioners that on 29/06/2013 and 04/04/2014, the ...
Sangeeta Kisan @ Krishnappa Chavan Vs. Sunil Navnath Gavaliv and Other ...
Court: Mumbai Goa
Decided on: Jun-09-2015
1. This appeal is directed against the judgment and order passed by the Presiding Officer, Motor Accident Claims Tribunal “ II, South Goa, Margao, in Claim Petition No. 79/2008 dated 17.10.2008 by which the Presiding Officer has rejected the claim petition. Hence, the present appeal. 2. The parties are referred to their original status. 3. The brief facts of the case may be stated as follows: The claimant nos. 1 to 5 i.e. widow and minor children of the deceased Kisan alias Krishnappa Chandru Chavan filed the petition under the provisions of Section 166 of the Motor Vehicles Act and claimed compensation on account of death of the deceased Kisan in the motor vehicular accident which took place on 17.01.2008. 4. On 17.01.2008, the deceased was driving a tipper truck bearing registration No. GA-01-W-7163 loaded with iron ore from Usgao to Anmod and when the said tipper truck reached at the spot of the accident, another tipper truck bearing registration No. GA-01-T-6995 came suddenly...
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