Search Results for "Mundkar Rights"

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Search Results for "Mundkar Rights"

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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 Dismisses LPA Against Single Judge's Order Setting Aside Administrative Tribunal's Rejection of Section 8A Application Under Goa Mundkars Act. Finding that Prior Summary Inquiry Under Section 29 Does Not Bar a Fresh Declaration Under Section 8A, Division Bench Directs Mamlatdar to Decide Mundkarial Rights on Merits.

25 Sep 2018

The case arose from a dispute over mundkarial rights under the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975. The respondents claim...

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

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 Dismisses Second Appeal in Property Suit — Concurrent Findings of Fact Not Interfered With. Court holds that no substantial question of law arises when findings are based on appreciation of evidence and not perverse.

23 Feb 2017

The case involves a second appeal filed by the appellants, who were the original plaintiffs, against the judgment and decree of the lower appellate co...

High Court

Bombay High Court at Goa Holds That Right of a Mundkar in a Dwelling House Is Heritable Under Section 3 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975. The court interpreted the definition of 'mundkar' to include family members and held that the right to occupy a dwelling house passes to legal heirs upon death.

18 Dec 2013

The judgment concerns two writ petitions filed in the High Court of Bombay at Goa, which were heard together to decide the issue of the extent of heri...

High Court

High Court of Bombay at Goa Dismisses Writ Petition Challenging Mundkar Declaration — Upholds Concurrent Findings That Petitioners Failed to Prove Mundkar Status Under Section 8A of Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975. The court held that the burden of proof lies on the claimant and the concurrent findings of fact cannot be interfered with in writ jurisdiction unless perverse.

12 Oct 2012

The petitioners, Shri Vassant Krishna Palyekar and Smt. Vanita V. Palyekar, filed a writ petition challenging the common judgment and order dated 05.0...

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

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 Quashes Impugned Orders by Deputy Collector and Administrative Tribunal Declaring Respondents as Mundkars. Findings in Earlier Registration Proceeding Under Goa Mundkars Act Not Considered, Rendering the Subsequent Declaration of Mundkarship Unsustainable.

4 Oct 2011

The dispute pertained to the claim of mundkarship under the Goa Mundkars (Protection from Eviction) Act, 1975 over a house in Anjuna, Goa. The petitio...

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