Court : Mumbai Goa
..... a writ of mandamus or any other writ, order or direction in the nature of mandamus directing the respondent state authorities to immediately initiate proceedings under article 371 of the code of comunidade and under the goa land prohibition act to immediately remove the trespass into survey no.379, 379/1, 380/1 and 389/1(part) of comunidade of serula against respondent nos. ..... it is further their case that no tenders have been floated for the purpose of carrying out construction in the subject property of comunidade and, as such, the act of the temporary managing committee is in defiance of the interim orders passed by this court in writ petition no.17/2013. ..... the learned counsel further points out that the respondent no.5 has also illegally got the encroachment legalized when such malafide acts on the part of the respondent no.5 are totally illegal and without any justification. ..... the learned counsel further points out that the malafide acts on the part of the respondents no.4 and 5 cannot be condescend and such construction put up by the said respondents deserve to be ordered to be demolished. ..... the then managing committee of the respondent no.2 has acted in bad faith which invalidates the exercise of power. 28. ..... so, the courts are required to take into account not only the interest of the petitioners and the respondents but also the interest of public as a whole with a view that public bodies or officials or builders do not act unlawfully and do perform their duties properly. 60. .....
Tag this Judgment!Court : Mumbai Goa
..... senior counsel appearing for the appellants, in support of the first and second substantial questions of law, has pointed out that the suit filed by the appellants has to be considered in terms of article 60 of the limitation act, 1963 as, according to him, it is the contention of the respondents that the disputed sale deed executed in the year 1977 was defeating the rights of the minors and, as such, the suit had to be filed within ..... before i consider as to whether the provisions of article 1565 of portuguese civil code stand repealed in view of the extension of the transfer of property act to the state of goa, it would be appropriate to ascertain as to whether the appellant no.3 who was the widow of jose piedade fernandes was entitled to dispose of the suit properties under article 1565 of the portuguese civil ..... lower appellate court further noted that the contention of the appellants that on account of the acts done by the appellants in respect of the disputed property knowledge can be attributed to the respondents, the learned lower appellate appellate court has come to the conclusion that such acts cannot lead to any conclusion that the respondents had knowledge of the disputed sale deed. ..... the learned senior counsel further points out that even in terms of article 59 of the limitation act, there is no material on record to establish the alleged claim of the respondents that they learnt of the disputed sale deed in the year 1990 which forced them to file the suit in the .....
Tag this Judgment!Court : Mumbai Goa
..... judgment and award dated 30.9.2011 passed by the motor accident claims tribunal, south goa, margao ( presiding officer for short) in claim petition no.130/1994 whereby claim petition under section 166 of motor vehicles act filed by the appellants is dismissed. 2. ..... the brief facts of the case may be stated as follows:- claimants have filed the petition under section 166 of the motor vehicles act. .....
Tag this Judgment!Court : Mumbai Goa
..... learned senior counsel for the defendants submitted that they had filed the counter claim, in terms of section 10 of the limitation act under which there is exclusion of the limitation period and therefore there was no need to specifically mention the date of cause ..... the apex court held that in view of the explanation to section 10 of the limitation act, the respondent's father, who was managing the property, has to be deemed to be a trustee in whom the properties vested specifically and in as much as respondent was a company and was not a ..... and documents as may be necessary, in the name of and on behalf of the company and generally to do all acts, deeds or things as may be necessary or proper for the purpose mentioned above. ..... pleaded in the counter claims that the cause of action for the suit is covered by the provisions of section 10 of the limitation act and the reliefs, therefore, are not barred by limitation. ..... the defendants have pleaded that the cause of action for the counter claim is covered by section 10 of the limitation act and, therefore, the reliefs are not barred by time. 17. ..... counsel, in terms of article 58 of the limitation act, the period of limitation for seeking declaration is three ..... notwithstanding anything contained in the foregoing provisions of this act, no suit against a person in whom property has become vested in trust for any specific purpose, or against his legal representatives or assigns (not being assigns for valuable consideration), for the purpose of .....
Tag this Judgment!Court : Mumbai Goa
..... by this application, filed under section 11(6) of the arbitration and conciliation act, 1996 (the act, for short) the applicant has prayed for appointment of an arbitrator and to make an order of reference of disputes listed in exhibit b. 3. ..... (supra), it has been held that once the parties fail to act in accordance with the agreed procedure of appointing arbitrators, the chief justice is required to appoint arbitrator after taking into consideration the provisions of sub-section (8) of section 11. 11. .....
Tag this Judgment!Court : Mumbai Goa
..... action for filing the present suit arose for the first time when in or about the month of april 2000, some of the plaintiffs received the notice under section 12 (2) of the land acquisition act 1894 from which it was merely learnt that the defendant no.6 was also a claimant to the compensation awarded by the special land acquisition officer on account of a part of the land of the ..... of the execution of the deed of mortgage on its registration on 1/10/1991 and if they have not taken any steps to obtain the knowledge of the mortgage deed, then they have acted with wilful abstention and gross negligence and therefore, they are not entitled to contend that they were not having the knowledge about the execution of the deed of mortgage and the suit ..... the date of registration or, where the property is not all situated in one sub-district, or where the registered instrument has been registered under sub-section (2) of section 30 of the indian registration act, 1908, from the earliest date on which any memorandum of such registered instrument has been filed by any sub-registrar within whose sub-district any part of the property which is being acquired, or ..... have given the details as to when the cause of action has arisen and have referred to the notice received by them under section 12 (2) of the land acquisition act 1894, about the receipt of the copies of the documents demanded by them and about issuance of the legal notices, the plaintiffs are silent and have not made any averment .....
Tag this Judgment!Court : Mumbai Goa
..... the judgment in indian council for enviro-legal action, it is important to take into consideration the view expressed over the matter in controversy by various governmental authorities formed under the purview of the environment (protection) act, 1986 to implement the provisions of the environment (protection) act, 1986 although such view or opinion is not binding on the ..... 6 obtained the approval and licence of the chief town planner of the town and country planning department, respondent no.4, (tp) under section 44 of the town and country planning act, 1974 (tp act) and the village panchayat curea, bambolim and talaolim, tiswadi, goa, respondent no.2, (vp) under regulation 83 of the goa, daman and diu village panchayats regulations, 1962 (vp rules ..... construction licence issued by the vp, be it renewal or be it a fresh licence, dated 17th september, 2005 under the new no.613 (instead of 149) (p.48) as per plans attached, which never were, is sought to be acted upon by respondent no.6 since 2006 when respondent no.6 commenced its construction activity and 2008 when it claims to have completed it (but which claim is seen to be erroneous as shall be shown presently). 28. ..... . since the hotel construction actually came up in the latter part of 2010, the petitioners were only then put on their guard and acted with despatch in making the rti query with regard to the mef approval and challenging the aforesaid nocs of the vp and the tp for the hotel construction for the ndz within the .....
Tag this Judgment!Court : Mumbai Goa
..... with terms of any notice under clause (b) of sub-section (3) within the period specified in the notice, it shall be lawful for the panchayat to take such action as may be necessary for the completion of the act thereby required to be done, and all the expenses therein incurred by the panchayat shall be paid by the person or persons upon whom the notice was served and shall be recoverable as if it were a tax imposed ..... that the resolution refusing to grant regularisation, can be challenged by the petitioners under section 178 of the act and, therefore, there being an alternate remedy, such a question should not be dealt with in this ..... notice dated 06/10/2004 purporting to be under section 64(1) (j) of goa panchayat raj act, 1994 ('the act') directing the petitioner to stop the unlawful construction alleging that one dilip patre and ..... the learned counsel for the respondents further submitted that in the act, there is no provision of regularisation of the construction or for grant of licence after erection or commencement ..... he further stated that in any event, the panchayat, acting under the provisions of the act, has no jurisdiction to inquire into and to adjudicate upon the claim of existence of the public access ..... subsequently, by an order-cum-notice dated 09/11/2004 under section 63(3) of the act, the petitioner was directed to stop the construction immediately on the receipt of the notice and was asked to show cause as to why the said unlawful construction should not be demolished .....
Tag this Judgment!Court : Mumbai Goa
..... to learned counsel, the learned magistrate has failed to give effect to the presumption under sections 118 and 139 of the act and has recorded the findings based on conjectures and surmises and, therefore, the order of acquittal deserves to be quashed and ..... hegde; (2008)4 scc 54 that the existence of legally recoverable debt is not a matter of presumption under section 139 of the act and that it merely raises a presumption in favour of the holder of the cheque that the same has been issued in discharge of debt or any liability, are in conflict with statutory provisions as well as established line of ..... by the accused, that the cheques in question were fabricated by making material alteration and further had not considered the arguments advanced on behalf of the accused that provisions of section 138 of the act are attracted if the cheques are issued in discharge of liability of debt and not on account of security of cheques. ..... learned counsel further submitted that in terms of the bankers book evidence act, there is no presumption regarding the correctness of the entries recorded therein and once the consideration for the cheque was challenged by the accused, it was necessary for the complainant to prove the same ..... that the order of acquittal passed by the learned magistrate, is patently unsustainable in law inasmuch as the learned magistrate has not appreciated that there is presumption under sections 118 and 139 of the act regarding legally enforceable debt when a cheque is issued. .....
Tag this Judgment!Court : Mumbai Goa
..... first and the second respondent filed an application under section 8a of the goa, daman and diu mundkars (protection from eviction) act 1975 (mundkar act, for short) before the mamlatdar on 8/1/1996 in which now deceased damodar kapdi was the sole respondent. ..... a mundkar as under: section 2(p) mundkar means a person who, with the consent of the bhatkar or the person acting or purporting to act on behalf of the bhatkar lawfully resides with a fixed habitation in a dwelling house with or without obligation to render any services to the bhatkar and includes a member of his family but does not include - (i) a person paying rent ..... (q) person includes a joint hindu family; (r) prescribed means prescribed by rules made under this act; (s) provedoria de assistencia publica means the institute of public assistance established under the enactment legislative diploma ..... was contended that the respondents nos.1 and 2 had filed special civil suit no.47/1979 against damodar kapdi and narcinva naik claiming partition of the suit house which was dismissed on 3/3/1986 which has attained finality. ..... can thus be seen that section 2 (p) envisages that the persons claiming to be mundkar resides in the dwelling house with a fixed habitation and with the consent of the bhatkar or the person acting or purporting to act on behalf of the bhatkar. ..... otherwise in view of the notification dated 1/9/1997 where under, in exercise of the powers conferred under clause (h) of section 2 of the mundkar's act, the dy. .....
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