Search Results for "Mundkar Rights"

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Search Results for "Mundkar Rights"

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High Court

Bombay High Court Dismisses Petitions Challenging Executing Court's Refusal to Stay Execution in Mundkar Rights Claim. Court holds that mere filing of a declaration suit before Mamlatdar does not create a right to stay execution proceedings under Order XXI Rule 97, 99, 101 CPC.

15 Apr 2024

The petitioners, Lawrance Pereira and Juliana Pereira, filed Writ Petition No. 611 of 2023 challenging the order dated 06.09.2023 passed by the Execut...

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 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 at Goa Allows Petition Challenging Remand Order in Mundkar Rights Dispute. The court held that the Tribunal erred in remanding the matter when the respondents failed to prove their claim of co-mundkarship or legal heirship under the Goa Mundkar Act, 1975.

7 Dec 2016

The petitioner, Shri Joaquim Joseph Monteiro, challenged a judgment/order dated 25.2.2016 passed by the learned Tribunal in Mundkar Revision No.12/201...

High Court

Bombay High Court at Goa Dismisses Letters Patent Appeal in Eviction Suit — Upholds Concurrent Findings of License and Unauthorized Occupation. The Court held that the appellants failed to prove Mundkar status and that the suit was not barred by the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975.

6 Mar 2013

The case involves a Letters Patent Appeal filed by the appellants (defendants in the original suit) against the judgment of a learned Single Judge of ...

High Court

Bombay High Court Dismisses Petitioner's Mundkar Claim Against Respondents on Government Land — Act Not Applicable to Government-Owned Land. Section 39 of Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 exempts government lands, and Class II occupancy does not confer ownership.

23 Aug 2010

The petitioner, Shankar Babani Halarnkar, filed a writ petition challenging the order of the Administrative Tribunal in Mundkar Revision Application N...

High Court

Bombay High Court Dismisses Petition Challenging Mundkar Registration Orders Under Goa Mundkars Act. Concurrent findings of fact that respondent was a mundkar in possession for over 35 years upheld.

8 Sep 2006

The petitioner, Smt. Thereza Cordo, challenged the orders of the Mamlatdar of Bardez, the Additional Collector, and the Administrative Tribunal under ...

High Court

Bombay High Court Dismisses Petition Challenging Administrative Tribunal's Order in Mundkar Declaration Case — Prior Declaration of Mundkarship Bars Fresh Application Under Section 8A of Goa Mundkars (Protection from Eviction) Act, 1975.

23 Mar 2006

The petitioners, Shri Vassudev Pandurang Naik and Mrs. Vassanti Vassudev Naik, filed a petition under Articles 226 and 227 of the Constitution of Indi...

High Court

Bombay High Court Allows Second Appeal in Mundkar Property Dispute — Civil Court Lacks Jurisdiction Over Mundkar Status Under Section 31(2) of Goa Daman and Diu Mundkar (Protection from Eviction) Act, 1975. Mandatory Injunction for Demolition Set Aside as Suit Partly Barred by Limitation.

20 Jan 2006

The case involves a Second Appeal filed by the defendants against the judgment and decree of the lower appellate court in a suit for demolition of str...

High Court

Bombay High Court at Goa Upholds Environmental Clearance for Resort Construction in CRZ Area Subject to Conditions — Public Trust Doctrine and Precautionary Principle Applied to Protect Coastal Ecology and Local Livelihoods.

30 Nov -0001

The judgment arises from a Public Interest Litigation and connected writ petitions challenging the environmental clearance granted to M/s. Leading Hot...

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