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Search Results for "mundkar rights"

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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

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 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

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 Dismisses Petition Challenging Execution Proceedings Order in Eviction Case — Upholds Trial Court's Discretion to Appoint Commissioner for Possession Delivery Under Order 21 Rule 35 CPC. The High Court held that the trial court's order appointing a commissioner to deliver possession did not suffer from any jurisdictional error or perversity warranting interference under Article 227 of the Constitution.

29 Mar 2019

The petitioners, original defendants in a suit, challenged an order dated 06/05/2018 passed by the Civil Judge, Panaji in Execution Proceedings. The t...

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 at Goa Dismisses Letters Patent Appeal in Eviction Suit — Upholds Concurrent Findings of License and Unauthorized Occupation. The Court held that the appellants failed to prove Mundkar status and that the suit was not barred by the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975.

6 Mar 2013

The case involves a Letters Patent Appeal filed by the appellants (defendants in the original suit) against the judgment of a learned Single Judge of ...

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...

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