Search Results for "Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975"

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Search Results for "Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975"

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High Court

Bombay High Court at Goa Dismisses Petition Challenging Execution Proceedings Order in Eviction Case — Upholds Trial Court's Discretion to Appoint Commissioner for Possession Delivery Under Order 21 Rule 35 CPC. The High Court held that the trial court's order appointing a commissioner to deliver possession did not suffer from any jurisdictional error or perversity warranting interference under Article 227 of the Constitution.

29 Mar 2019

The petitioners, original defendants in a suit, challenged an order dated 06/05/2018 passed by the Civil Judge, Panaji in Execution Proceedings. The t...

High Court

Bombay High Court Allows Writ Petition Challenging Rejection of Mundkar Declaration — Res Judicata Not Applicable to Mundkar Proceedings Under Goa Mundkar Act, 1971. Prior Civil Court Eviction Decrees Do Not Bar Mamlatdar from Declaring Mundkar Status as Subject Matter and Relief Are Distinct.

15 Sep 2017

The petitioners, Alfredo M. Rodrigues, Paul S. Rodrigues, and Fatima T. Rodrigues, filed a writ petition under Articles 226 and 227 of the Constitutio...

High Court

High Court of Bombay at Goa Dismisses Petition Challenging Mundkar Status Determination — Flour Mill Not Part of Dwelling House Under Goa Mundkar Act. Concurrent findings of fact by Deputy Collector and Administrative Tribunal upheld as not perverse.

7 Aug 2012

The petitioner, Shri Naguesh V. Bodke, filed a writ petition challenging the orders of the Deputy Collector dated 15.12.2005 and the Administrative Tr...

High Court

Bombay High Court Dismisses Mundkars' Challenge to Execution of Demolition Decree — Appointment of Commissioner to Demarcate Permissible Area Upheld. The court held that the executing court's order appointing a Commissioner to demarcate the area of the house and cowshed was a necessary step to execute the decree for demolition of unauthorized constructions under the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975.

13 Jul 2006

The petitioners, judgment debtors in Execution Proceedings No. 29/1994, were declared mundkars of their dwelling house and cowshed by order dated 31.1...

High Court

Bombay High Court at Goa Allows Writ Petition Challenging Execution Order in Eviction Suit — Mundkar Claim Rejected, Adverse Possession Not Proven. The executing court erred in dismissing execution on the ground of adverse possession when the decree was valid and the issue was already decided.

27 Sep 2013

The petitioners, Miss Aura Serafina Crispina de Souza and Miss Agnes Felicia de Souza, are the original decree-holders who obtained an eviction decree...

High Court

Bombay High Court Allows Petition in Mundkar Act Purchase Proceedings — Registration Under Section 29 Insufficient Without Section 8A Declaration. Deputy Collector and Mamlatdar erred in deciding purchase proceedings based solely on registration under Section 29 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975, without a prior declaration under Section 8A.

14 Aug 2018

The petitioner, Shri Sandesh Datta @ Dattaram Salgaonkar, filed a writ petition under Article 227 of the Constitution of India challenging an order da...

High Court

Bombay High Court Dismisses Writ Petition Challenging Mundkar Declaration Under Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975. Court upholds concurrent findings that petitioners failed to prove construction of house before the appointed date of 20/08/1971.

5 Dec 2019

The petitioners, Akrur Raya Gaonkar and Yamini Akrur Gaonkar, filed a writ petition under Article 227 of the Constitution of India challenging the ord...

High Court

High Court of Bombay at Goa Quashes Administrative Tribunal's Order in Mundkar Registration Case — Revision Not Maintainable Under Section 25 of Goa Daman and Diu Mundkars (Protection from Eviction) Act, 1975. The court held that a revision under Section 25 lies only against orders passed in appeal under Section 24 or under sub-section (2) of Section 25, not against an order passed under Section 29(8) of the Act.

23 Jun 2014

The petitioner, Miss Telma Gonsalves, challenged an order dated 29.07.2010 passed by the learned Administrative Tribunal, which had allowed a revision...

High Court

Bombay High Court Dismisses Plaintiff's Second Appeal in Property Dispute Over Open Space — Mundkar Rights and Adverse Possession Upheld. The court held that the plaintiff failed to prove title and possession over the disputed open space, and the defendant's long-standing possession as a mundkar was protected under the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975.

5 May 2006

The case involves a dispute between the plaintiff, Vishnu Govind Naik, and the defendants, Harischandra Dattaram Thakur and Taramati Harischandra Thak...

High Court

Bombay High Court Dismisses Appeal for Enhanced Compensation in Land Acquisition Case — Applicant Failed to Produce Evidence to Support Claim for Higher Compensation Under Section 18 of Land Acquisition Act, 1894. The court held that the burden of proof lies on the claimant to demonstrate entitlement to enhanced compensation, and mere filing of an application for production of documents after issues were settled does not warrant remand.

14 Mar 2005

The appellant, Surendranath Sripad Sinai Dessai, was the owner/co-owner of land measuring about 25,315 sq. metres in Pernem village, Goa, which was ac...

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