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Search Results for "mundkar claim"

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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

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 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 Writ Petition Challenging Mundkar Declaration Under Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975. Court upholds concurrent findings that petitioners failed to prove construction of house before the appointed date of 20/08/1971.

5 Dec 2019

The petitioners, Akrur Raya Gaonkar and Yamini Akrur Gaonkar, filed a writ petition under Article 227 of the Constitution of India challenging the ord...

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

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 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 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...

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 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...

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