Mumbai Goa Court August 2015 Judgments
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Dy. Collector and SDO Mormugao and Others Vs. Confraria Igreza de Cort ...
Court: Mumbai Goa
Decided on: Aug-07-2015
1. Being aggrieved by the judgment and award dated 31.01.2008 passed by the learned Ad-Hoc District Judge -1, FTC-I, South Goa, Margao, the appellants have preferred the present appeal and the respondent has preferred the cross objection. 2. The brief facts of the case may be stated as follows: The respondent herein filed a reference under Section 18 of the Land Acquisition Act, 1894. The description of the immovable properties acquired are as under: (a) survey No.56/2 admeasuring 395 square metres; (b) survey No.56/1 admeasuring 894 square metres; and (c) survey No.56/3 admeasuring 400 square metres situated at Village Cortalim. 3. The Government of Goa vide Notification dated 23.10.1990 under Section 4 of the Land Acquisition Act, published in the Goa Government Gazette dated 14.02.1991 notified the subject lands to be acquired for the purpose of construction of a Primary Health Centre at Cortalim. The Government has issued Notification under Section 6 of the Land Acquisition Act whi...
Sulekhabai Yeshwantrao Chowghule (since deceased represented by) Jagde ...
Court: Mumbai Goa
Decided on: Aug-07-2015
1. By this appeal, the appellant is challenging the acquittal of the first respondent from an offence punishable under Section 138 of the Negotiable Instruments Act (the Act, for short). 2. The brief facts necessary for the disposal of the appeal may be stated thus: That, the original complainant, Smt. Sulekhabai Chowghule (since deceased) had given a hand loan of Rs.30,00,000/- to the first respondent on 28.04.2009. The complainant is having an account with the Lokmanya Multipurpose Co-operative Credit Society Limited, Baina Branch (the Credit Society, for short). The complainant had requested the said Credit Society to issue a cheque to the first respondent, debiting her Savings Bank Account bearing Account No. 211. At her request, the said Credit Society issued a cheque No. 843394 dated 28.04.2009, drawn on the Oriental Bank of Commerce, in favour of the first respondent. At the request of the Manager of the Credit Society, the Oriental Bank of Commerce transferred a sum of Rs.30,00...
Mohammed Rafic Vs. Mario H. Fernandes and Another
Court: Mumbai Goa
Decided on: Aug-07-2015
Oral Judgment: 1. Rule. Rule made returnable forthwith. The learned Counsel for both the respondents waive service for the respondents. Heard finally with consent. 2. By this petition, the petitioner / accused, is challenging the order issuing warrant of attachment of his flat. 3. The brief facts are that the petitioner was prosecuted for an offence punishable under Section 138 of the N. I. Act, on the basis of a complaint lodged by the first respondent. The petitioner came to be convicted by a judgment dated 30/03/2012 and he was sentenced to pay compensation of Rs.4,25,000/- and in default to undergo Simple Imprisonment for a period of one month. This was unsuccessfully challenged by the petitioner in Criminal Appeal No.56/2012 before the learned Sessions Judge. The appeal was dismissed on 26/07/2013. It appears that the petitioner did not pay the amount of compensation as awarded and instead, served the sentence awarded in default. Subsequently, a Criminal Miscellaneous Application ...
Helcino Aleixo Fernandes Vs. Milind Madhukar Bhende
Court: Mumbai Goa
Decided on: Aug-07-2015
1. Admit. Mr. Ramani, the learned Counsel waives notice for the respondent. Heard finally by consent. As the applications involve common question of law and fact they are being disposed of by this common judgment. 2. The petitioner herein is the original complainant, who is a businessman residing at Majorda, within the jurisdiction of Judicial Magistrate, First Class at Margao in South Goa District. The respondent happens to be a resident of Mapusa within the jurisdiction of Judicial Magistrate, First Class at Mapusa. The respondent/ accused had obtained a hand loan from the petitioner. Towards repayment of the said loan, the respondent had passed in all 9 cheques in favour of the petitioner. All these cheques were drawn on the account of the respondent with H.D.F.C. Bank Ltd at Panaji within the jurisdiction of Judicial Magistrate, First Class, Panaji, North Goa. All these cheques were payable at par at all the branches of H.D.F.C. Bank Ltd. The petitioner presented the cheques for en...
National Insurance Co. Ltd. Vs. Kashinath Naik and Others
Court: Mumbai Goa
Decided on: Aug-07-2015
Oral Judgment: 1. By this appeal, the appellant /original opponent no.2 is challenging the judgment and order dated 13/05/2010, passed by the Commissioner Workmen's Compensation, granting a compensation of Rs.3,98,800/- with interest. 2. The brief facts are that now deceased Uttam Naik was a driver employed with the respondent no.3 Yogesh Sharmalkar on a Mini Truck bearing No.GA-01-V-2482. The vehicle met with an accident on 12/03/2004, in which Uttam Naik died. The first and the second respondents, who are the parents of Uttam Naik, filed an application before the Workmen's Compensation Commissioner for compensation in respect of death of Uttam Naik. It was claimed that the accident occurred out of and in the course of employment of Uttam Naik with the third respondent. The said application was initially filed only against the respondent no.3 (original opponent no.1). Subsequently, the present appellant came to be arrayed as opponent no.2 as the appellant had insured the risk arising ...
Laxman Sanvlo Shetkar, (since deceased) and Others Vs. Ratnakar Bhaska ...
Court: Mumbai Goa
Decided on: Aug-06-2015
Oral Judgment: 1. Heard Mr. D. Pangam, learned Counsel appearing for the petitioners and Mr. G. Teles, learned Counsel appearing for the respondents No.1 to 4. 2. Rule. Heard forthwith, with the consent of the learned Counsel. Learned Counsel appearing for the respondents waives notice. 3. The above petition challenges an order dated 30/7/2012, passed by the learned Civil Judge, Jr. Division, at Quepem in Regular Civil Suit No.52/2004/B, whereby an application for amendment filed by the petitioners came to be dismissed. 4. Mr. Pangam, learned Counsel appearing for the petitioners has pointed out that the proposed amendment is more in a clarificatory in nature, as according to him, the petitioners desire to rely upon some documents which came to the knowledge of the petitioners subsequently. The learned Counsel has, thereafter taken me through the pleadings in the plaint, as well as the proposed amendment to point out that there is no inconsistency in the claim nor are the pleadings des...
Prassada Vinaica Fatorpencar Vs. Roshnee Bhana Fatorpecar
Court: Mumbai Goa
Decided on: Aug-06-2015
1. Rule. Rule made returnable forthwith. Shri Lobo, the learned Counsel waives service for the respondent. Heard finally, by consent of the learned Counsel for the parties. 2. By this petition, the original respondent is challenging the judgment and order dated 18.02.2015, passed by the learned Additional Sessions Judge in Criminal Appeal No. 104/2014. By the impugned judgment, the appeal filed by the petitioner has only been partly allowed, thereby modifying the order dated 24.07.2014, passed by the learned Judicial Magistrate First Class, Mapusa, in a case under the Domestic Violence Act. 3. The brief facts are that, the parties are husband and wife. The respondent is from South Africa and is also a national of the said Country. The respondent is staying alongwith her old aged mother in South Africa. It appears that after marriage, disputes and differences arose between the parties. The respondent filed proceedings under Section 12 of the Protection of Women from Domestic Violence Ac...
Anju Timblo, Managing Director of Fomento Resorts and Hotels Ltd. and ...
Court: Mumbai Goa
Decided on: Aug-06-2015
1. Heard the learned Counsel for the parties. 2. Admit. 3. Mr. Rohit De Sa, the learned Counsel waives service for the respondents. 4. Heard finally with the consent of the learned Counsel for the parties. 5. These appeals under Section 10F of Companies Act, 1956 (the Act, for short) arise out of the order dated 18/05/2015, passed by the Company Law Board (CLB), New Delhi on C.A. No.5/C.1/2013 and C.A. No.58/C.1/2013 in C.P. No. 87/2006. All the appeals involve common and connected questions of law and as such, they are being disposed of by this common judgment. 6. The facts, necessary for the disposal of the appeals, may be stated thus : Sociedade de Fomento Industrial Private Ltd. (SFIPL) is a Company incorporated under the Act. The said Company was promoted by late Shri Modu Timblo (MT) in the year 1956. The Company is engaged in the business of mining in Goa and is considered as one of the best mining Corporations. The Company is said to be flagship of Fomento Group of Companies. I...
Sundarabai Govind Dhuri and Others Vs. The Investigation Officer, Vija ...
Court: Mumbai Goa
Decided on: Aug-05-2015
K.L. Wadane, J. 1. The present petition is filed by the petitioners/original accused nos. 1 to 3 under the provisions of Section 482 of the Criminal Procedure Code and prayed to quash and set aside the FIR and charge sheet submitted against them. 2. The brief facts of the case may be stated as follows: The respondent no.2 herein filed a complaint dated 05.12.2009 alleging that on 02.12.2009 the respondent no.2 along with his two friends namely Advocate Ryan Menezes and Advocate Pravin Faldessai went to have tea at TATO restaurant at Panjim and the bill was around Rs.35/-. Therefore, the respondent no.2 paid cash of Rs.40/- consisting of four currency note of Rs.10/- each. After some time, the waiter returned a paper saying that it was Rs.5/- note to which the respondent no.2 shocked. On the basis of said contention, the respondent no.2 lodged a complaint with Panjim Police Station and requested for necessary action. 3. Respondent no.1 after conducting an inquiry was of the opinion that...
Dr. Shantaram M. Lawande and Others Vs. The Mormugao Municipal Council ...
Court: Mumbai Goa
Decided on: Aug-04-2015
Oral Judgment: (F.M. Reis, J.) 1. Heard Mr. Nigel Da Costa Frias, learned Counsel appearing for the petitioners, Mr. S.D. Padiyar, learned Senior Advocate appearing for respondent no.1 and Ms. P. Bhandari, learned Additional Government Advocate appearing for respondents no.2 to 4. 2. Rule. Heard forthwith with the consent of the learned Counsel. Learned Counsel appearing for the respondents waive service. 3. The above Public Interest Litigation Writ Petition filed by the petitioners, inter alia, seeks for the following reliefs: (a) For a writ of mandamus, or any other writ in the nature of mandamus or any order or direction commanding the Respondents to act and to ensure that no stalls are allotted or allowed to be erected on the footpaths and the streets in Vasco da Gama city during the forthcoming Saptah festival so as to block the free movement of the pedestrians and continuous flow of smooth traffic. b) For a writ of mandamus or any other writ in the nature of mandamus or any order...
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