Search Results for "Goa Agricultural Tenancy Act"

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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.

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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High Court of Bombay at Goa Dismisses Writ Petition Challenging Tenancy Declarations and Sale of Agricultural Properties Due to Delay and Laches. Challenge to orders from 1988-1996 under Goa Tenancy Act fails as petition filed in 2013 is grossly delayed without explanation.

The petitioner, Rashid Salvador Sousa, filed a writ petition in April 2013 under Articles 226 and 227 of the Constitution before the High Court of Bom...

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Bombay High Court Dismisses Petition Challenging Refusal to Stay Civil Suit on Tenancy Grounds. The court held that the issue of tenancy must be determined by the civil court as a preliminary issue under Section 9A CPC, not by tenancy authorities, as the tenancy claim was not bona fide.

The petitioners, legal representatives of the deceased original defendant, challenged an order dated 5/10/2017 passed by the Civil Judge Junior Divisi...

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Bombay High Court at Goa Upholds Reference to Mamlatdar for Tenancy Determination in Land Dispute. The court held that the Civil Court lacks jurisdiction to decide tenancy issues and must refer them to the Mamlatdar under Section 58 of the Goa, Daman and Diu Agricultural Tenancy Act, 1964.

The petitioners filed a writ petition challenging an order dated 18/02/2000 passed in Special Civil Suit No.108/1979, whereby the learned Judge ordere...

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Supreme Court Allows Appeals in Evacuee Property Tenancy Dispute — Tenancy Claim Invalid Without Custodian's Approval. Amending Act 19 of 1989 applies only to tenancies created by Custodian, not to claims based on deemed tenancy under Section 4 of Goa, Daman and Diu Agricultural Tenancy Act, 1964.

The dispute concerns property known as 'Conde-Mayem' in Goa, originally owned by Eurico de Soza Joquem Noroana, declared evacuee property after libera...

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High Court of Bombay at Goa Allows Appeals in Land Acquisition Compensation Dispute — Communidade of Colvale v. Benjamin Pereira & Anr. Tenancy Rights Not Established by Mere Revenue Entries or Rent Receipts; Deemed Purchase Under Goa Agricultural Tenancy Act Requires Proof of Actual Cultivation.

The appellant, Communidade of Colvale, owned survey no. 220/1. Two notifications under Section 4(1) of the Land Acquisition Act, 1894, acquired 1,09,0...

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Bombay High Court Allows Second Appeal in Agricultural Tenancy Dispute — Trial Court Erred in Not Framing Tenancy Issue Despite Pleadings. The Agricultural Tenancy Act, 1964 being a welfare legislation, no contract can waive a tenant's rights, and courts must consider its provisions.

The case involves a second appeal before the Bombay High Court at Goa arising from a dispute between the appellants (original defendants) and the resp...

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Bombay High Court at Goa Dismisses Writ Petition Challenging Construction Approval Due to Lack of Standing and Delay. Petitioners failed to establish locus standi as they were not owners of the suit property and approached the court after substantial delay.

The case involves a writ petition filed by legal heirs of the original petitioner, Mr. Limo Cortez, challenging the construction approval granted by t...

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Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Suit for Specific Performance — Concurrent findings of fact by trial and appellate courts cannot be interfered with under Article 227 unless perverse or without jurisdiction.

The petitioners, legal representatives of the original defendant Shankar Mahada Kardile, filed a writ petition under Article 227 of the Constitution o...

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Bombay High Court Dismisses Petition Challenging Construction Approval Due to Lack of Standing and Delay. Petitioners failed to establish locus standi as they were not owners of the property and approached the court after substantial delay.

The petitioners, legal heirs of the original petitioner Limo Cortez, filed a writ petition under Article 226 of the Constitution of India challenging ...