Search Results for "Mundkars Act"

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Search Results for "Mundkars Act"

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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

High Court of Bombay at Goa Dismisses Petition Challenging Mundkar Declaration — Concurrent Findings of Fact Not Interferable Under Article 226. The court upheld the declaration of respondents as Mundkars under the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975, finding no perversity in the concurrent findings of the Deputy Collector and Administrative Tribunal.

7 Jul 2014

The petitioners, legal heirs of Krishna Vithoba Xete Tilve, filed a writ petition under Article 226 of the Constitution before the High Court of Bomba...

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 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 Dismisses Petition Challenging Mundkar Revision Order in Eviction Suit — Upholds Concurrent Findings of Tenancy and Default. The court held that the petitioners failed to prove that the suit house was not a mundkar tenancy and that the eviction decree was validly passed under the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975.

18 Apr 2016

The petitioners, legal heirs of original defendants in Civil Suit No. 107 of 1970, filed a writ petition challenging the order dated 14.01.2015 passed...

High Court

Bombay High Court Allows Petition to Strike Issue of Mundkar Rights in Civil Suit — Lack of Specific Pleadings. Issue framed on vague allegations without particulars of occupation under Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 cannot be sustained.

18 Oct 2011

The petitioner, Shri Mahableshwar Pandurang Halankar, filed a writ petition challenging an order dated 30.06.2008 passed by the Civil Judge, Senior Di...

High Court

High Court of Bombay at Goa Hears Writ Petition Challenging Administrative Tribunal Orders in Mundkarial Dispute. Key Issue Whether Mamlatdar Had Jurisdiction to Determine Mundkarial Rights When Reference Was Made Under Section 32 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975.

4 May 2018

The litigation originated from two civil suits filed in 1992 by M/s. Suvarn Rajaram Bandekar Discretionary Trust against one Armando Cardozo for remov...

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

High Court of Bombay at Goa Allows Writ Petition Challenging Administrative Tribunal Order in Mundkar Dispute — Tribunal Exceeded Revisionary Jurisdiction Under Section 26 of Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975. Concurrent Findings of Fact by Mamlatdar and Collector Cannot Be Reversed Without Perversity.

9 Oct 2018

The petitioners, legal representatives of the original petitioner Mrs. Antoneta Fernandes, filed a writ petition under Articles 226 and 227 of the Con...

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 ...

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