Search Results for "mundkar proceedings"

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Search Results for "mundkar proceedings"

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High Court

Bombay High Court Allows Petition in Mundkar Act Purchase Proceedings — Registration Under Section 29 Insufficient Without Section 8A Declaration. Deputy Collector and Mamlatdar erred in deciding purchase proceedings based solely on registration under Section 29 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975, without a prior declaration under Section 8A.

14 Aug 2018

The petitioner, Shri Sandesh Datta @ Dattaram Salgaonkar, filed a writ petition under Article 227 of the Constitution of India challenging an order da...

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 Allows Writ Petition Challenging Rejection of Mundkar Declaration — Res Judicata Not Applicable to Mundkar Proceedings Under Goa Mundkar Act, 1971. Prior Civil Court Eviction Decrees Do Not Bar Mamlatdar from Declaring Mundkar Status as Subject Matter and Relief Are Distinct.

15 Sep 2017

The petitioners, Alfredo M. Rodrigues, Paul S. Rodrigues, and Fatima T. Rodrigues, filed a writ petition under Articles 226 and 227 of the Constitutio...

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 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 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 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

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

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 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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