Court : Mumbai
Decided on : Jun-24-2010
..... . the learned counsel appearing for the second respondent (acquiring body) submitted that admittedly appellants are deemed purchasers under the provisions of goa, daman and diu agricultural tenancy act, 1964 (hereinafter referred to as 'the said act of 1964'). he, therefore, submitted that in view of section 2 of ..... of the land. he relied upon a decision of this court in the case of communidade of candolim v. deputy collector (north), panaji, goa (2005) 1 goa law reporter 25. he submitted that this court has held that the lands belonging the communidade can be sold only in liquidation proceedings when the ..... second one is judgment dated 8th august, 2008 in the f.a. no. 158/2003 in the case of communidade of sancolae v. government of goa and anr. he submitted that in view of the decisions of this court, various sale instances in the form of sale deeds relied upon by the ..... first appeal no. 103 of 2003, exception has been taken to the judgment and award dated 4th march, 2002 passed by the learned district judge, north goa at panaji in land acquisition case no. 112 of 1994. the first respondent (communidade of marcaim) is the claimant in a reference under section 18 of ..... appeal no. 283/2002, the appellants have taken exception to the judgment and award dated 1 1th february, 2002 passed by the learned district judge, north goa at panaji in land acquisition case no. 111/1994. the appellants are the claimants, who applied under section 18 of the land acquisition act, 1894 (hereinafter .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-28-2010
..... the purpose of facilitating the application of any such law in relation to the administration of goa, daman and diu as a union territory and for the purpose of bringing the provisions of any such law into accord with the provisions of the constitution, the ..... of the act which reads as follows:5. continuance of existing laws and their adaptation. (1) all laws in force immediately before the appointed day in goa, daman and diu or any part thereof shall continue to be in force therein until amended or repealed by the competent legislature or other competent authority. (2) for ..... 1962 the civil code as enacted on 25th december, 1910, and the provisions of the law of marriage as a civil contract, which came into force in goa, daman and diu with effect from 26th may, 1911.13. as far as the civil code as enacted on 25th december, 1910, and the provisions of the law ..... of marriage as a civil contract in goa, daman and diu which came into force on 26th may, 1911, are concerned, we are unable to agree with ms. aggarwal that all marriages performed within the ..... in a state at the date of the notification. 11. relying on shri m.s. usgaocar's book on family laws of goa, daman & diu, ms. aggarwal submitted that family law in goa treats the law of marriage as a civil contract. it was pointed out that article 3 of the chapter on civil marriage and .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-22-2010
..... act, particularly when section 44 of the rent control act mandated the controller to follow the procedure as prescribed under the said act i.e. the procedure laid down in goa, daman and diu mamlatdar's court act, 1966.15. in this view of the matter, the present petition must succeed. orders allowing the amendments to the eviction applications are set ..... respondent could not point out that in the cognate legislations relating to the regulation of lease of buildings and control of rents, the provisions as per section 44 of the goa, daman and diu building (lease, rent and eviction) control act, 1968 mandating the procedure to be followed by the controller as prescribed exists/existed. consequently, the judgments in relation to the ..... and the powers that may be exercised by the controller, rent tribunal, appellate board and administrative tribunal in the performance of their functions under the said act. perusal of the goa, daman and diu buildings (lease, rent and eviction) control rules, 1969 made by the administrator under the said act reveals that these rules deal with : the manner of giving notice under ..... forthwith. taken up for final hearing with consent of the parties.2. the petitioners / original respondents in the applications for eviction under provisions of section 22(2)(f) of the goa, daman and diu buildings (lease, rent and eviction) control act, 1968 (hereinafter referred to as 'the act') have filed this petition under articles 226 and 227 of the constitution for quashing .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-22-2010
..... now well settled. we, therefore, do not find any substance so far as the aforesaid argument is concerned.21. so far as the reference to goa, daman & diu reorganisation act, 1987, is concerned, part viii deals with provisions as to services. the reference is made to subclause (6) of ..... was no quota either for degree holders or diploma holders. mr. udeshi further submitted that under sub-section (6) of section 60 of the goa, daman & diu reorganisation act, 1987, the service conditions of the petitioners should not be altered which may be detrimental to the claim of the concerned ..... junior engineer is concerned, the same is assistant engineer (electrical), which is a groupb gazetted post in the electrical department under the administration of daman and diu. initially, the incumbent holding the post of junior engineer was considered for promotion to the post of assistant engineer (electrical), on the ..... the instance of the petitioners.2. the petitioners are working as junior engineers in the electrical department of the administration of union territory of daman and diu. the petitioners are the diploma holders in electrical engineering and are serving with respondent no. 1 since 1983. the post of ..... of the constitution in relation to the determination of the conditions of service of persons serving in connection with the affairs of the state of goa or the union:provided that the conditions of service applicable immediately before the appointed day to the case of any person referred to in .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-25-2010
..... of rs. 100/- per square meter.3. the learned additional government advocate submitted that admittedly, the respondent is a tenant purchaser of the acquired land under the provisions of the goa, daman and diu agricultural tenancy act, 1964 (hereinafter referred to as 'the said act of 1964') and, therefore, in view of section 2 of the ..... instance of the respondent.2. the acquisition relates to the area of land admeasuring 1350 square meters bearing survey no. 48/4 part situated at taleigaon village of tiswadi taluka, goa. the award under section 11 of the said act of 1894 was made on 13th september, 1996. the market value offered under the award is rs. 25/- per square meter ..... goa land use (regulation) act, 1991 (hereinafter referred to as 'the said act of 1991'), the respondent was not entitled to use the acquired land for any purpose other than agriculture. .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-22-2010
Reported in : 2010(2)BomCR527
..... tiswadi taluka (iv) jose rajendra derek da fonseca (v) smt. araci de fonseca (vi) edgar bonaparte fonseca (vii) catherina crasto (viii) the archbishop of goa, daman, who were not parties to the said agreement were shown as party defendants in the said application/ suit. it can also be seen that one fr. martinho ..... 8 therein i.e. the state and its officials, catherina crasto and archbishop of goa and daman were served and were proceeded ex-parte. notices issued to one alvaro avelino gouveia purportedly constituted attorney of the members of fonseca family, respondent nos. ..... respondent no. 6-araci fonseca, the respondent no. 7-edgar fonseca, the respondent no. 8-catherina crasto and the respondent no. 9-archbishop of goa and daman were made party defendant nos. 1 to 8 respectively to the said suit. the impugned judgment reveals that the defendant nos. 1,2,3,7 and ..... placing of the order of 27.08.2009 passed in this writ petition before the court of deputy collector and sub-divisional officer at panaji, goa as an act of contempt. when asked to elaborate as to how such acts fall within the definition of criminal contempt actionable under section 15 ..... of the property bearing survey no. 224/1, 224/2 and 224/3 admeasuring about 44147 square metres situate at village jua, tal. tiswadi, goa under registered sale deed dated 10.07.2007 have invoked articles 226 and 227 of the constitution for setting aside the judgment and decree dated 22.5 .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-25-2010
..... aside the award. again, the proposition does not further the respondent's case.11. in the third judgment relied upon by the respondent and reported at : (1991) 4 scc 293 (goa, daman & diu housing board v. ramakant v.p. darvotkar), the respondent has referred to paragraphs 10 and 12 of the report. the supreme court considered a high court order where under ..... the arbitrator relying on clause 21 in declining the eighth head of claim, but, in the absence of it being spelt out, the nexus is not obvious.16. in the goa, daman & diu housing board, the supreme court held that the mere failure to give reasons despite the arbitration agreement requiring reasons to be furnished, would not, ipso facto, amount to legal .....Tag this Judgment!
Court : Central Administrative Tribunal CAT Ernakulam
Decided on : Feb-05-2010
..... the peace, progress and good government of the union territory of (a) the andaman and nicobar islands; (b) the laccudive, minicoy and amindivi islands; (c) dadra and nagar haveli; (d) goa, daman and diu; (e) pondicherry: provided that when any body is created under article 239-a to function as a legislature for the union territory of ..... goa, daman and diu or pondicherry, the president shall not make any regulation for the peace, progress and good government of that union territory with effect from the date appointed for the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-07-2010
..... to secure the loan for their project. in those circumstances, even before writing the second letter to respondent no.4 the appellants had addressed a letter to the lt. governor, goa, daman and diu plainly asking him to canvass for the grant of their loan by the gujarat state financial corporation and in particular "to impress upon two of the important members .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai
Decided on : Oct-28-2010
..... remand was given and by amendment that power was taken away. the short order by their lordships in umesh dhaimode's case (supra) is as under :- the then judicial commissioner, goa, daman and diu, took the view that section 128(2) of the customs act, 1962, as it then read, did not vest the appellate authority with the power to remand. accordingly .....Tag this Judgment!