Mumbai Goa Court July 2016 Judgments
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Tulshidas Apa Swar Vs. Assistant Director of Transport and Member Secr ...
Court: Mumbai Goa
Decided on: Jul-13-2016
Oral Judgment: 1. Rule. Rule made returnable forthwith. The learned Additional Government Advocate waives service. Heard finally by consent of the parties. 2. The petitioner is challenging the order, by which the Assistant Director of Transport and Member Secretary, (RTA), Bicholim, Goa (herein after referred to as the Competent Authority), has cancelled the stage carriage permit of the petitioner to ply the vehicle bearing registration no. GA-01-U-7088, on Hivrem to Panaji route. 3. The brief facts are that the petitioner is holding a stage carriage permit to operate the said vehicle. It so happened that on 28.07.2014 at 7 a.m., the said vehicle met with an accident at Valpoi in respect of which, an offence at Crime No. 53/2014 was registered under Sections 279, 336, 377 and 338 of IPC and Sections 3, 134(1)(b), 180 and 188 of the Motor Vehicles Act, 1988 (the M.V. Act, for short) with P.S. Valpoi. During the course of investigation, it was revealed that at the time of accident, the b...
Cedric Bosco Savio Lobo Vs. State of Goa, represented by its Chief Sec ...
Court: Mumbai Goa
Decided on: Jul-11-2016
Oral Order ( Per F. M. Reis, J) 1. The above petition inter alia seeks for a direction to the respondent nos.1 and 2 and all other concerned authorities to initiate legal proceedings for the demolition of the house bearing no. B-249 located in Survey no.62/1 of village Panchayat of Reis Magos. 2. Briefly, the case of the petitioner is that in the village of Betim there exists a property bearing survey no.62/5 which is situated entirely within 100 metres of the high tide line of river Mandovi and falls within the No Development Zone of CRZ-II area of Betim village. It is further his case that on 19.7.1991 Mrs. Augusta D'Souza made an application in Form B to the North Goa Planning and Development Authority( NGDPA for short) for the construction of a residential bungalow in the property Surveyed under No. 62/5 of village Betim. It is further his contention that said Mrs. Augusta D'Souza has falsely represented at point no. 12 in Form 11 that the property is not in the vicinity of the coa...
Jeevan Jyoti Sharma Vs. State of Goa, Through the Chief Secretary Stat ...
Court: Mumbai Goa
Decided on: Jul-11-2016
Oral Judgment: (F.M. Reis, J.) 1. Heard Shri V. Rodrigues, learned Counsel appearing for the petitioner and Shri D. Lawande, learned Government Advocate appearing for the respondents. 2. Rule. 3. Heard forthwith with the consent of the learned Counsel appearing for the respective parties. 4. Shri D. Lawande, learned Government Advocate waives notice on behalf of the respondents. 5. The above petition inter alia prays for a writ to direct the respondent no.2 to register the marriage of the petitioner without insisting for A Court order as the same is not contemplated in law. 6. Shri V. Rodrigues, learned Counsel appearing for the petitioner points out that the petitioner desire to perform the marriage with Mr. Rajesh Gobind Bhatria, who is an Americaln National. It is further her contention that the respondent no. 2 as per notification dated 17.1.2014 in exercise of powers conferred by Section 3(1) of the Special Marriage Act, 1954 the Government of Goa has been appointed as the Marriag...
Joaquim Teles Vs. Luis Caetano Guilerme Welington Fernandes e D'Mello ...
Court: Mumbai Goa
Decided on: Jul-08-2016
Oral Judgment: 1. Heard Mr. A. Naik, learned counsel appearing for the appellants and Mr. R. G. Ramani, learned counsel appearing for the respondents. 2. Admit on the following substantial question of law: Whether the learned Judge was justified to decree the suit filed by the respondents relying upon the judgment of this Court reported in AIR 1985 Bombay 202 in the case of Smt. Purificacao Fernandes v/s Dr. Hugo Vicente de Perpetuo Socorro Andrade Menezes and Ors.? 3. Heard forthwith with the consent of the learned counsel. 4. Mr. R. Ramani, learned counsel waives service on behalf of the respondents. 5. Mr. A. Naik, learned counsel appearing for the appellants has assailed the impugned judgment on the ground that the learned Lower Appellate Court has misconstrued the evidence on record to come to the conclusion that the appellants were not living with the deceased during her lifetime. The learned counsel further pointed out that the learned Trial Judge at para 26 had clearly arrived ...
Resources International Vs. John Fillipe Costa and Others
Court: Mumbai Goa
Decided on: Jul-07-2016
Oral Judgment: 1. Rule. Rule, made returnable forthwith. The learned Counsel for the respondent nos.1 and 2 waives service. Service to respondent no.3 (original defendant no.2) is dispensed with. Heard finally by consent of the parties. 2. The first and the second respondents had filed a suit for possession and mesne-profits against the petitioner and the third respondent. The suit was decreed in the year 2007, which is the subject matter of challenge in Regular Civil Appeal No.26/2010 before the learned District Judge at Panaji. It appears that an application for amendment of the Written Statement was filed by the petitioner at the appellate stage, which was rejected on 27/02/2014. However, by an order dated 29/11/2014, the Appellate Court reviewed the order dated 27/02/2014 and permitted the petitioner to amend the written statement. That was unsuccessfully challenged by the respondent nos.1 and 2 before this Court in Appeal from Order No.4/2015, which was dismissed on 20/02/2015. A ...
M/s. Kalpana Mines and Minerals, Through its Proprietress, Kalpana Gaw ...
Court: Mumbai Goa
Decided on: Jul-04-2016
1. By this criminal revision Application, the petitioner takes exception to the judgment and order dated 13/1/2016 passed by the learned Sessions Judge at Margao in Criminal Appeal No.60/2013, by which the appeal filed by the petitioner is dismissed and the judgment and order dated 10/4/2013 passed by the learned Judicial Magistrate First Class at Margao in Criminal Case No.209/OA/NIA/2010/D convicting the petitioner for the offence punishable under section 138 of the Negotiable Instruments Act 1881 (the Act for short) and the consequent sentence of simple imprisonment for six months and for payment of compensation of Rs.1.5 crores has been confirmed. This Court (S. B. Shukre, J) by an order dated 3/3/2016 in Criminal Misc. Application no.45/2016 had fixed this revision application for final disposal at the admission stage. In such circumstances, the revision application is taken up for final disposal by consent of the parties. 2. The facts necessary for the disposal of the application...
Francisco Agnelo Soares and Others Vs. Fabrica de Igreja de St. Cruz T ...
Court: Mumbai Goa
Decided on: Jul-04-2016
Oral Judgment: 1. Rule. Rule, made returnable forthwith. The learned Counsel for the respondents waive service. Heard finally by consent of the parties. 2. Both these petitions arise out of the order dated 26/11/2015 passed by the learned Senior Civil Judge at Panaji in SCS No.14/11/B. 3. The petitioners in W.P.No.20/2016 are the original plaintiffs while Writ Petition No.631/2016 is filed by the original defendant no.2 in the said suit. For the sake of convenience, the parties are referred to, in their original capacities, as plaintiffs and defendants. 4. The plaintiffs filed the aforesaid suit for declaration, that the plaintiffs and original defendant nos.3 to 6 are the owners and are in possession and enjoyment of the suit property, more particularly described in para 2 of the plaint. The plaintiffs are seeking a direction to the Survey Authorities to delete the names of the defendant nos.1 and 2 from the occupant's column in respect of the suit property (Survey No.28/1) by substit...
Ashok Ramchandra Naik Vs. Sunil Padurang Kesarkar and Others
Court: Mumbai Goa
Decided on: Jul-01-2016
1. Heard learned Counsels appearing for the respective parties. 2. Admit. 3. Shri G. Agni, learned Advocate waives notice on behalf of the respondents. 4. The original applicant before the learned Principal District Judge, North Goa Panaji has filed an appeal challenging the order passed by the learned Judge under Section 9 of the Arbitration and Conciliation Act 1996 ( the Act for short hereinafter) pursuant to which he declined to secure the appellant with the interim measures of relief under Section 9 of the Act which is akin to an order under Order XXXIX CPC. 5. Shri J. Ramaiya, learned Advocate on behalf of the appellant came to be heard who first contended that the learned Principal District Judge had exceeded his jurisdiction in holding that the Deed of Partnership was a camouflage. Such an examination of the Deed was open to an arbitrator, if any, appointed in the proceedings but it was not available to the District Judge to examine the nuances of the Deed of Partnership. He ad...
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