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Judgment Search Results Home > Cases Phrase: mediation Court: mumbai goa Year: 2014 Page 1 of about 23 results (0.035 seconds)

Jun 27 2014 (HC)

Gaurav Gupta Vs. Radhika Gupta

Court : Mumbai Goa

Decided on : Jun-27-2014

..... that divorce proceedings will be filed jointly, provided the above mentioned terms are met in advance by mr. gaurav. the above terms of settlement were signed by all the above mediators as well as by gaurav and radhika. 35. in the case of ??moti ram (dead) through lrs ? (supra), relied upon by the learned counsel for gaurav, the hon'ble supreme ..... returns as well as the certificate of chartered accountant based on such income tax returns cannot be wholly relied upon to determine the income of gaurav. 33. admittedly, there was mediation meeting held at the residence of mrs. rachita velho and mr. verner velho, on 14/10/2008 in which settlement terms were drawn and it was resolved in the presence ..... application of gaurav for appointment of chartered accountant as commissioner to determine the financial capacity of the parties. she pointed out that the settlement terms signed by gaurav emanated from mediation initiated by the cousins of gaurav and the agreement was signed by the parties without any coercion. counsel urged that the picture which emerges from this settlement is certainly the ..... submitted that these terms of settlement never ended in a concluded contract and were never acted upon. he urged that the said settlement terms were out of informal mediation. he urged that an unsuccessful mediation would not amount to a concluded contract. learned counsel further urged that gaurav might have promised anything but the question is whether he was capable of payment .....

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Jan 21 2014 (HC)

M/S. Kadamba Transport Corporation Ltd. Vs. Kamlakant Halarnkar

Court : Mumbai Goa

Decided on : Jan-21-2014

..... may, make a complaint in writing, [in the prescribed manner,-- (a) to such conciliation officer or board, and the conciliation officer or board shall take such complaint into account in mediating in, and promoting the settlement of, such industrial dispute; and (b) to such arbitrator, labour court, tribunal or national tribunal and on receipt of such complaint, the arbitrator, labour court .....

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Feb 03 2014 (HC)

Antonio Tiago D'Costa, (Deceased) and Others Vs. the Union of India, T ...

Court : Mumbai Goa

Decided on : Feb-03-2014

the appeal is filed against the judgment and decree of special civil suit no.167/00/i which was pending in the court of civil judge, senior division, margao. the suit was filed for making correction in the revenue record of some suit lands and for compensation in respect of damage caused to those lands. the suit is dismissed in respect of these lands by the trial court and that part of the decision is challenged in the appeal. 2. in the appeal learned counsel for the appellant and respondent telephone department is heard. the other respondents did not turn up. 3. in short, the facts leading to the institution of the appeal, can be stated as under: it is the case of the appellants/plaintiffs that they and defendant no.9 are the owners of land bearing survey nos. 149/13, 154/1, 154/2, 155/2, and 156/1,156/2,156/3,156/4,156/5, situated at village guirdolim salcete. it is the case of the plaintiffs that all the survey numbers are together known as molla?. the boundaries of the property described as molla are given by the plaintiffs in the plaint. 4. it is the case of the plaintiffs that defendant no.2, telephone department did the digging in the suit lands in january 2000 for laying telephone cable and caused damage to their property. it is the case of the plaintiffs that defendants no.3 and 5, pwd and state government also caused damage to the suit properties by digging it and the digging was done to lay water pipeline. the water pipeline is laid parallel to the telephone cable .....

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Apr 10 2014 (HC)

Valentino S. I. F. Rebello and Another Vs. the State of Goa, Represent ...

Court : Mumbai Goa

Decided on : Apr-10-2014

1. the appeal arises out of the judgment and decree passed by the adhoc district judge, ftc-i, south goa, margao, in civil suit no. 160 of 2004 on 30.08.2007, by which the suit filed by the original plaintiff/respondent, is decreed. 2. the relevant facts are as follows: the appellants/original defendants had initiated proceedings under article 14 (3) of the goa, daman and diu land revenue code, 1968, (hereinafter referred to as 'the land revenue code, 1968'), before the deputy collector, praying that the holding under survey no. 56/2 of village velim be re-surveyed and additional area admeasuring 227 square metres be amalgamated in the said survey holding and the area of the said holding be increased to 477 square metres. the learned deputy collector by the order dated 24.10.2002, allowed the application filed by the appellants/original defendants. 3. the respondent/original plaintiff, challenged the above mentioned order passed by the deputy collector by filing the civil suit as provided by the provisions under article 14(4) of the land revenue code, 1968. the learned trial judge proceeded with the matter and after conducting the trial, by the impugned judgment, granted decree to the respondent/original plaintiff. 4. heard shri s. g. desai, learned senior counsel, assisted by mr. mahatme, learned advocate, for the appellants and shri sagar dhargalkar, learned addl. government advocate for the respondent. 5. shri desai, the learned senior counsel has submitted that the civil .....

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Jan 10 2014 (HC)

Altino Gracias Vs. Pascoal Dias Alias Andre Pascoal Dias (Since Deceas ...

Court : Mumbai Goa

Decided on : Jan-10-2014

oral judgment: 1. heard shri sudesh usgaonkar, learned counsel appearing for the appellant, shri menezes, learned counsel appearing for the respondent nos. 1(a) to (c) and shri c. a. coutinho, learned counsel appearing for the respondent nos. 14 and 15. 2. the above appeal challenges the judgments passed by the courts below whereby a suit for specific performance filed by the appellant in respect of an agreement for sale, executed on or about 20.02.1993, came to be dismissed. 3. briefly, the facts of the case are that the suit for specific performance and other reliefs was filed by the appellants on the ground that the appellant was in need of a plot for the construction of his own house and the respondent no. 1 was dealing with the sale of the plot of the property known as "tareachem bhat", surveyed under no. 83/1 of camorlim village of salcete, taluka. a sale agreement was executed by the respondent no. 1 on 20.02.1993 with the appellants to sell a plot admeasuring an area of 450 square metres from the suit property at the rate of rs.85/- per square metre and the respondent no. 1 received an advance of rs.15,000/- from the appellants towards sale of the said plot. it is further his case that after execution of the said agreement, the appellant was always ready and willing to pay the balance amount but the respondent no. 1 was not ready to execute the said deed as the sub-division of the suit property was not approved by the concerned authorities. it is further the .....

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Feb 26 2014 (HC)

People's Movement for Civic Action through Its General Secretary, Patr ...

Court : Mumbai Goa

Decided on : Feb-26-2014

mrs. roshan dalvi, j. 1. rule. made returnable forthwith. the petitioners have filed petition no.403 of 2007 challenging the construction of a hotel by respondent no.6 upon permission granted by respondent no.2 under orders dated 31st july, 1995, 8th october, 1998, 1st september, 2001 and 17th september, 2005 in respect of a specific plan dated 31st may, 1995 and the renewals thereto. upon the prayer of quashing of these orders the petitioners require directions against respondent nos. 6 and 7 to restore the original nature of the land upon which they have constructed the hotel in the coastal regulation zone (crz). 2. upon having seen that the hotel premises has been constructed in the no development zone (ndz) of the crz without the approval of the ministry of environment and forests (mef), which is mandatorily required, the petitioners have filed petition no. 659 of 2010 for quashing the nocs of respondent no.4 dated 16th september, 2008, 5th july, 2010 and 6th july, 2010 and construction licence of respondent no.2 dated 4th october, 2008 and 11th july, 2010 and the consequent occupancy certificate issued by the respondent no.2 dated 11th july, 2010 to respondent nos. 1, 2 and 3 who are the same as respondent nos. 6 and 7 in petition no.403 of 2007 (respondent no.6). 3. there has been a continuous litigation between the parties consequent upon the initial crz notification dated 19th february, 1991 specifying ndz along tidal rivers in crz iii areas which have been reduced .....

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Apr 11 2014 (HC)

Rajendra D. Seth Vs. Rekha Jha Alias Rekha R. Seth

Court : Mumbai Goa

Decided on : Apr-11-2014

1. heard mr. pangam, learned counsel appearing on behalf of the petitioner and ms. matkar, learned counsel appearing on behalf of the respondent. 2. rule. by consent, rule made returnable and heard forthwith. 3. by this petition, the petitioner has taken exception to the order dated 27.02.2013 passed by the learned assistant sessions judge, panaji (appellate court? for short) in criminal appeal no.29 of 2012 and the judgment and order dated 16.01.2012 passed by the learned judicial magistrate, first class, (b-court), ponda (trial magistrate? for short) in criminal case no.59/aoa/dva/2011/b. 4. the petitioner is the opponent whereas the respondent is the applicant in the said criminal case no.59/aoa/dva/2011/b. the parties shall, hereinafter, be referred to as per their status in the said criminal case. 5. an application has been filed by the applicant under section 12 of the protection of women from domestic violence act, 2005 (the act? for short), before the trial magistrate for various reliefs under the act. the said application has been registered as criminal case no. 59/aoa/dva/2011/b. in the said application, the applicant also prayed for interim reliefs. the respondent filed a reply before the trial magistrate. the applicant filed an affidavit-in-rejoinder to which an affidavit-in-sur-rejoinder was filed by the respondent. the applicant then filed affidavit-in-sur-rejoinder. 6. in this petition also the applicant has filed her affidavit-in-reply and an additional .....

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Mar 04 2014 (HC)

Ashok Teofilo Vaz and Others Vs. State of Goa, Through, Chief Secretar ...

Court : Mumbai Goa

Decided on : Mar-04-2014

oral judgment: 1. heard. rule. rule made returnable forthwith. heard finally by consent. 2. this petition is directed against an order passed on 18.03.2013, passed in civil suit no. 76/2010, by learned ad-hoc district judge-1, panaji, thereby partly allowing the amendment application of the petitioners and partly rejecting the same. 3. the civil suit was filed by the petitioners against the respondents seeking various reliefs including the relief of mandatory injunction ante against the respondents. during the pendency of the suit, it was learnt by the petitioners that section 4 notification under land acquisition act for acquisition of suit property came to be issued by government of goa and it was also learnt in response to the query made by the petitioner under r.t.i. act that respondent no. 4 was not a government contractor, who carried out the work at the suit property at the instance of the government and therefore, the petitioners sought amendment to their pleadings by incorporating said events and also sought deletion of respondent no. 4, a party-defendant to the suit. it was also apprehended by the petitioners that section 4 notification might not be taken to it's logical end and therefore, as a matter of precaution the petitioners thought it proper to make another prayer seeking mandatory injunction ante against the remaining respondents. accordingly, the prayer clause was sought to be amended by the petitioners. 4. the amendment application was strongly opposed by .....

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Nov 25 2014 (HC)

Shradha Shipping Co. Pvt. Ltd. Vs. Adhithri Trading Company and Anothe ...

Court : Mumbai Goa

Decided on : Nov-25-2014

1. this revision application is directed against the judgment and order dated 11.12.2013 passed by the learned additional sessions judge, ftc-ii margao, ("appellate court", for short) in criminal appeal no.61/2013. 2. the said criminal appeal no.61/2013 was, in turn, filed against the judgment, order and sentence dated 17.4.2013 passed by the learned judicial magistrate, first class, 'b' court vasco ('j.m.f.c.', for short) in criminal case no.113/oa/nia/ 2011/b. applicant was the complainant whereas respondents were the accused in the said criminal case. the parties shall hereinafter be referred to as per their status in the said criminal case. 3. the complainant had filed a complaint against the accused persons for offence punishable under section 138 of the negotiable instruments act, 1881 ('n.i. act', for short) which gave rise to the said criminal case. the case of the complainant, in short, was as follows:- complainant was a company engaged in the business of operating barges for transportation of mineral ore and it also gave its barges on hire to interested operators. the accused no.2 was engaged in the business of transportation of mineral ore and carried on business under the name and style as m/s. adithri trading company i.e accused no.1. accused no 2 was the sole proprietor of accused no.1. the accused took on hire a barge of the complainant by name m.v. shri rashtroli. initially, the accused engaged the said barge for m/s. omkar logistics and made two trips. the .....

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Mar 21 2014 (HC)

Dinesh Pandu Gaude and Another Vs. Biro Bapo Paune and Others

Court : Mumbai Goa

Decided on : Mar-21-2014

1. the appeal arises out of the award passed by the motor accident claims tribunal at mapusa-goa in claim petition no.22/2003, by which the respondents no.1 and 2 are jointly and severally held liable to pay rs.3.00 lakhs to the claimants along with interest at the rate of 6 % p.a. from the date of filing of the petition till the realization of the amount along with costs. 2. the relevant facts are: the 14 year old son of the claimants died on 22/7/2002 succumbing to the injuries sustained due to the accident in which the motor vehicle owned by the original respondent no.2 (appellant no.2) driven by the original respondent no.1 (present appellant no.1) was involved. 3. according to the claimants, the deceased and a girl named jani were given lift by the appellant no.1 in the tempo bearing no.ga-01-w-5934, when the respondent no.1 was going towards the main road sanquelim. according to the claimants, when the tempo reached near bedshedwaddo road, the tempo jumped due to the rubble portion on the road and as the tempo was being driven rashly and negligently, the deceased who was standing in the load box of the tempo, fell on the edge of the tempo and then on the ground and sustained injuries because of which he died. 4. the appellant no.1 filed his written statement of general denial. the appellant no.2 has not filed the written statement. the appellant no.1 had filed an application praying for permission to amend the written statement. however, the learned presiding officer .....

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