Search Results for "Mundkars Act"

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Search Results for "Mundkars Act"

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High Court

High Court Quashes Deputy Collector's Orders in Mundkar Act Case Due to Procedural Irregularities and Lack of Judicial Propriety. Deputy Collector's orders granting leave to appeal and stay were set aside as reasoned judgment was not available at pronouncement and was furnished belatedly, violating judicial propriety under Section 24 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975.

6 Mar 2026

The dispute arose from a writ petition challenging two orders dated 16.12.2023 passed by the Deputy Collector, SDO, Pernem Taluka. The petitioner, a w...

High Court

Bombay High Court Dismisses Petition Challenging Injunction Orders in Property Dispute — Mundkar Rights and Possession Prima Facie with Respondent. The court upheld the dismissal of temporary injunction as the respondent established mundkar rights and possession through survey records, and the petitioner failed to show better title or possession.

4 Oct 2012

The petitioner, Shri Shantadurga Kumbarjuvenkarin Devasthan, filed a writ petition challenging the orders of the courts below dismissing its applicati...

High Court

High Court of Bombay at Goa Dismisses Writ Petition Challenging Eviction Order; Upholds Rent Controller's Jurisdiction Despite Absence of Written Lease Under Goa Rent Control Act, 1968. The Court Holds Section 34 of the Act to be Directory, Not Mandatory, and Refuses to Interfere with Concurrent Findings of Fact That the Tenant's Denial of Title Was Not Bonafide.

1 Feb 2018

The petitioner, Abdul Sattar Kulli, filed a writ petition under Article 227 of the Constitution before the High Court of Bombay at Goa, challenging th...

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 Hears Writ Petition Challenging Sessions Court's Order Allowing Religious Festival Access to Sealed Property in Criminal Revision. Petitioner Contends Revisional Court Lacked Jurisdiction Under Section 438 BNSS to Vary a Section 164 BNSS Preventive Order.

25 Jul 2025

The High Court of Bombay at Goa heard a criminal writ petition under Article 227 of the Constitution of India arising from a dispute over property bea...

High Court

High Court of Bombay at Goa Considers Whether Fresh Eviction Suit Is Barred by Earlier Consent Decree Under Section 47 CPC. Trial Court's Decision That Bar of Suit Is Mixed Question of Fact and Law Is Challenged in Civil Revision Under Order 7 Rule 11 CPC.

19 Jan 2023

The present civil revision application arose from an order dated 18.11.2017 passed by the trial court in Regular Civil Suit No. 46/2016, dismissing th...

High Court

Bombay High Court Considers Second Appeal in Eviction Suit Where Title Was Disputed; Maintainability of Suit for Possession Without Declaration of Title at Issue. Court Frames Substantial Questions on Effect of Rent Controller's Finding and Evidentiary Value of Survey Records Under Goa Rent Control Act.

11 Feb 2021

The dispute pertained to a residential property known as 'Mordi' or 'Tanki' in Navelim, Goa. The plaintiffs, claiming through John Gomes, had filed an...

High Court

High Court of Bombay at Goa Dismisses Second Appeal in Property Injunction Suit – No Substantial Question of Law Under Section 100 CPC. Defendants’ Construction Restrained and Ordered Demolished as Plaintiff’s Possession and Title Acknowledged; Mundkar Rights Did Not Extend to New Structure; Injunction Without Declaration Maintainable.

24 Jul 2026

The dispute concerned property surveyed No. 101/21 in Village Parra, Bardez, Goa, along with House No. 172/3. The original plaintiff, Mathew Francis R...

High Court

Bombay High Court at Goa Quashes Section 133 CrPC Proceedings Initiated Based on Panchayat Complaint — Dispute Over Fencing on Private Property Not a Public Nuisance Under Section 133 CrPC. The court held that proceedings under Section 133 CrPC cannot be initiated for a private property dispute where there is a civil dispute over title and possession, and the Magistrate must apply judicial mind before acting on a police report.

15 Feb 2019

The petitioner, Mr. Alexio Travasso, filed a Criminal Writ Petition under Article 227 of the Constitution of India and Section 482 of the Criminal Pro...

High Court

High Court of Bombay at Goa Dismisses Revision Against Rejection of Plaint Dismissal in Property Declaration Suit. Civil Revision under Section 115 CPC fails as the trial court's refusal to reject plaint under Order VII Rule 11 CPC was not shown to be without jurisdiction or suffering from material irregularity.

21 Sep 2018

The petitioners, who were defendants in a suit for declaration and deletion of name from revenue records, filed a Civil Revision Application under Sec...

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