Mumbai Goa Court March 2016 Judgments
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Sugandh Rama Gaude and Another Vs. M/s. V.G. Quenim and Others
Court: Mumbai Goa
Decided on: Mar-30-2016
1. Rule. Rule made returnable forthwith. Mr. Neelesh Takkekar, learned Counsel waives service on behalf of the respondents. Heard finally, by consent of the parties. 2. By this petition, the petitioners (obstructionists), are taking exception to the order dated 30.09.2015, below Exhibit-62 passed by the learned Civil Judge Senior Division, Bicholim in Execution Application No. 3/2005/A. By the impugned order, the application (Exhibit-62) filed by respondent nos. 1(a) to 1(i) (decree holders), for police protection for execution of the possession warrant, has been allowed. The respondent nos. 2 to 5 are the original judgment debtors. 3. The brief facts necessary for the disposal of the petition may be stated thus:- That, property surveyed under no. 50/1 of village Sonus Vonvoliem, alongwith three houses constructed therein, bearing house nos. 61/1, 61/2 and 61/3 alongwith their appurtenances are the subject matter of dispute. M/s V.G. Quenim, a proprietary concern of Mr. Vassudeva G. Qu...
Ramnath @ Sameer Verekar Vs. State, Through Panaji Police Station and ...
Court: Mumbai Goa
Decided on: Mar-30-2016
1. Rule. Rule made returnable forthwith. Mr. Mahesh Amonkar waives service on behalf of the respondents. Heard finally, by consent of the parties. 2. By this petition, the petitioner is seeking execution of the order dated 21.08.2013 passed by this Court in Criminal Writ Petition No. 90/2013 and the consequent order passed by the learned Sessions Judge on 18.09.2013, directing the return of the motorcycle bearing registration No. GA-07-B-3110 to the petitioner or in the alternative for reimbursement of the value of the said vehicle alongwith compensation. 3. The brief facts are that in June, 2006, the petitioner was arrested for an offence punishable under Section 302 of I.P.C. and during the investigation, a motorcycle bearing no. GA-07-B-3110 belonging to the petitioner was seized from him. The petitioner was put on trial before the learned Sessions Judge in Sessions Case No. 19/2006. It appears that in June, 2009, the petitioner was convicted and sentenced to undergo life imprisonme...
Narayan M. Morajkar Vs. Asst. Registrar of Co-operative Societies and ...
Court: Mumbai Goa
Decided on: Mar-30-2016
Oral Judgment: 1. Rule. Rule made returnable forthwith. Learned counsel for the respective respondents waive service. Heard finally by consent of the parties. 2. By this petition, the petitioner is challenging the order dated 11/2/2014 passed by the learned Assistant Registrar of Cooperative Societies, Margao, by which the deduction from the salary of the petitioner has been enhanced to Rs.3700/- per month from Rs.700/-per month. 3. The petitioner was one of the sureties in respect of a loan granted to Basha Hussain Sahib Shaikh, who was the principal borrower. The loan sanctioned was of Rs.50,000/-. Indisputably, the second respondent had initiated recovery proceedings in respect of the loan and by a judgment and award dated 2/5/2000 passed by the Assistant Registrar of Cooperative Societies a final award was made, which was confirmed in Cooperative Appeal No.27/2004 by an order dated 21/8/2012. It further appears that from out of the salary of the petitioner, an amount of Rs.700/- p....
Nicky Simoes Vs. Minguelia Rebello and Others
Court: Mumbai Goa
Decided on: Mar-30-2016
Oral Judgment: 1. Rule. Rule made returnable forthwith. The learned Counsel for the contesting respondent No.1 waives service. Notice to respondent Nos.2, 3 and 4 is dispensed with. Heard finally, by consent of the parties. 2. By this petition, the petitioner is challenging the judgment and order dated 04.09.2015 passed by the learned Additional Sessions Judge in Criminal Appeal No.54/2014. By the said judgment, the learned Sessions Judge has confirmed the order dated 29.03.2014, passed by the learned Judicial Magistrate First Class at Margao in Criminal Case No.25/PWDV/2013/D. By the said order, the learned Magistrate has granted interim maintenance of Rs.15,000/- per month to the respondent No.1 and the child alongwith other reliefs. 3. It is contended on behalf of the petitioner that admittedly, the petitioner is serving abroad and as such, the notice cannot be said to be properly served on the petitioner. It is submitted that thus, the impugned order was passed without effecting pr...
Letellier Shollet Gusmao Paulo Roncon Pereira and Another Vs. Iona Ere ...
Court: Mumbai Goa
Decided on: Mar-23-2016
1. The present appeal is preferred by the original plaintiffs against the order dated 20/10/2012 passed by the Civil Judge, Senior Division, A Court, Margao, by which the application for Temporary Injunction Exh.D-3 is rejected. Hence, the present appeal. 2. Parties are referred to as per their original status. 3. Brief facts of the case may be stated as follows : It is the case of the plaintiffs that there was no dispute between the interested parties in the Inventory Proceedings regarding auction, therefore, a formal meeting was held, wherein the plaintiff no.1 and the deceased husband of defendant no.1 and defendant nos.4 and 5 decided that the auction would be amicably held. Accordingly, a formal auction was held. The plaintiff no.1 was declared as successful bidder of Item No.12 while the defendant no.1's deceased husband was the successful bidder in respect of the property under Item No.7. 4. There is no dispute between the parties about the allotment of rest of the properties i....
Shashikant B. Bhagat Vs. Chief Secretary, Government of Goa and Others
Court: Mumbai Goa
Decided on: Mar-22-2016
K.L. Wadane, J. 1. Heard Ms. A. Desai, learned Counsel appearing for the petitioner and Ms. M. Pinto, learned Additional Public Prosecutor appearing for the respondents. 2. Rule. 3. Heard forthwith with the consent of the learned counsel appearing for the respective parties. Learned Additional Public Prosecutor waives notice on behalf of the respondents. 4. The present Writ Petition is filed by the petitioner seeking direction to the respondents to grant sanction to prosecute the respondent No.6 for the offence punishable under Sections 427 and 447 of I.P.C. 5. Brief facts of the case may be stated as follows:- The petitioner is a co-owner of the property surveyed under No.103/2 situated at Nagarcem, Palolem Village Canacona-Goa. In the aforesaid property the father of the petitioner had constructed residential house. The petitioner along with his family members were residing in the said house. 6. On 18.8.2009, when the petitioner was inside the house, the Chief Officer of the Canacona...
Kazi Mohamad Issac and Others Vs. Nagesh Babusso Gaudo and Others
Court: Mumbai Goa
Decided on: Mar-22-2016
1. Rule. Rule made returnable forthwith. Mr. Ryan Menezes, learned Counsel waives service on behalf of the respondents. Heard finally, by consent of the parties. 2. By this petition, the original plaintiffs/appellants are challenging the order dated 01.06.2015 passed by the learned District Judge-2, Panaji in Regular Civil Appeal No. 36/2010. By the impugned order, the application (Exhibit-24) for production of additional document i.e. the certificate dated 13.07.2012 issued by Mr. Umesh Phaldesai, Civil Engineer and Surveyor and the application (Exhibit-25) for amendment of the plaint, at the appellate stage, have been dismissed. 3. The brief facts are that the plaintiffs claim to be the owners of the property better known as 'Jawalychi Rai' or 'Tolvottem' situated at Bethora, Ponda, Goa, which is registered under no. 5838. According to the petitioners, the said property is registered under matriz nos. 1077 and 1078 and it is having old cadastral survey no. 70 and under the new survey...
Prashant Rajaram Naik and Others Vs. The State of Goa, Through its Chi ...
Court: Mumbai Goa
Decided on: Mar-22-2016
Oral Judgment: (F.M. Reis, J.) 1. Heard Mr. Nigel Da Costa Frias, the learned Counsel appearing for the petitioners, Mr. A.N.S. Nadkarni, the learned Advocate General appearing for the respondents no.1 to 6, Mr. S.S. Kantak, the learned Senior Advocate appearing for respondents no.7(i) to 7(v) and Mr. S. Karpe holding for Mr. V. Pangam, Advocate for respondent no.9. 2. Rule. Heard forthwith with the consent of the learned Counsel. The learned Counsel appearing for the respondents waive service. 3. Upon hearing the learned Counsel appearing for the respective parties, the above petition can be disposed of on a short point raised by the petitioners that inspite of objections raised by the petitioners with regard to the development activity carried out by the respondent no.7 in the subject property, no action was taken by the concerned authority. 4. Mr. Nigel Da Costa Frias, the learned Counsel appearing for the petitioners has pointed out that according to the petitioners the subject pro...
Reliance General Insurance Vs. Pundalik Gurudas Ekawade and Others
Court: Mumbai Goa
Decided on: Mar-22-2016
Oral Judgment: 1. Rule. Rule made returnable forthwith. Mr. Dhargalkar, learned Counsel waives service on behalf of respondent nos. 1 and 2 (who are the only contesting respondents). Respondent no. 3 is served, but there is no appearance. The notice to respondent no. 4, who was ex-parte before the learned Tribunal, is hereby dispensed with. The petition is taken up for final disposal with consent of the parties. 2. By this petition, the petitioner, which is the original respondent no. 3 before the Motor Accident Claims Tribunal, is challenging the order dated 11.08.2015, by which application filed by the petitioner for taking the written statement on record has been rejected. 3. The brief facts are that the respondent nos. 1 and 2, who are the original claimants have filed Claim Petition No. 15/2013, which is pending before the Motor Accident Claims Tribunal, Panaji, Goa. The respondent nos. 1 and 2 are seeking compensation of Rs.2,00,000/- for the death of one Gurudas Ekawade in a veh...
Peter Agnelo Danney Estiberio Vs. Reena Colaco
Court: Mumbai Goa
Decided on: Mar-21-2016
Oral Judgment: 1. Heard. Admit. Mr. Agni, learned Counsel waives service for the respondent. Heard finally by consent of the parties. 2. The petitioner had filed Matrimonial Petition No.17/2013/B before the learned Civil Judge Senior Division, Panaji, Goa, against the respondent for dissolution of marriage. It appears that the said petition was dismissed in default on 31.10.2013. The petitioner filed Civil Miscellaneous Application No.72/2013/B, for restoration of the petition under Order 9 Rule 4 and Section 151 of the Civil Procedure Code. The learned trial Court framed two points, namely, (1) whether the petitioner has made out sufficient cause for not appearing before the Court on 31.10.2013 and (2) whether the application is barred by limitation. 3. Insofar as the first point is concerned, the learned trial Court has answered the same in the affirmative. However, on the second question, the learned trial Court found that the application was not filed within the period of limitatio...
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