Judgements

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By admin Judgements

Regularisation of Unauthorised Construction Act, 2016 – Section 3 – For structures to fall within the scope and ambit of any of the constructions listed in the provision, which can be considered for regularization, corroborating ownership claim by the Applicant to the said property is paramount.

IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.92 OF 2026 (Coram: DR. NEELA GOKHALE, J.) Decided on:…

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The intention of the parties has to be gathered from the Agreement as a whole and from the contractual documents forming part thereof. Merely since the Arbitration Clause is not reproduced verbatim in the body of the executed Agreement does not mean that the same stands excluded, particularly when the very document containing the said Arbitration Clause has been expressly incorporated as Annexure and made an integral part of the said Agreement

IN THE HIGH COURT OF BOMBAY AT GOA. APPLICATION FOR APPOINTMENT OF ARBITRATOR NO.10 OF 2025 (CORAM : AMIT S….

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Service matter – Relief against recovery of excess payment made to the employee granted based on equity such as undue hardship if he was directed to refund the excess amount and considering that the employee at no point of time gave any undertaking to the Department in relation to having to refund any excess payment.

IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 401 OF 2025 (Coram: VALMIKI MENEZES & AMIT S….

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Prevention of Money Laundering Act, 2002- Proviso to Section 45 – Words “person is accused of money laundering” of threshold sum of Rs.1 crore does not refer to proceeds of crime. Therefore, even in cases where proceeds of crime is more than Rs.1 crore, active involvement of accused on his own or along with other co-accused of money laundering needs to be segregated for deciding as to whether benefit of proviso can be enlarged to such accused. (Para 17)

IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL APPLICATION (MAIN) NO.864 OF 2026 (F) (Corum: S. G. CHAPALGAONKAR, J.)…

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Criminal Procedure Code and Protection of Children from Sexual Offences Act, 2012 – Right of Accused under Section 207 of Code of Criminal Procedure as well as his right to fair trial needs to be balanced keeping in mind right of privacy available to victim.

IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL WRIT PETITION NO.88 OF 2025 (CORAM: S. G. CHAPALGAONKAR, J.) (Decided…

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Criminal Procedure Code – Section 319 – Addition of Accused at pre-cognizable stage in private complaint in exercise of Section 319 of Cr.P.C. is not permissible – Eventually learned Magistrate was not justified in issuing summons to Respondent No.1 treating him to be accused

IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL WRIT PETITION NO. 78/2026 (Corum : S.G. Chapalgaonkar, J.) (Decided on…

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General Provident Fund Rules – Rule 11(4) -The rate of interest at 6% per annum fixed for the admitted delay in releasing the pension and all the benefits to the Petitioner

IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 202 OF 2025 (CORAM : VALMIKI MENEZES & AMIT…

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Negotiable Instrument Act, 1881 – Section 138 – Director in Company cannot be deemed to be in-charge and responsible for Company for conduct of its business, unless requirement of Section 141 of NI Act is complied with and factual backdrop to make such requirement is specifically averred in complaint

IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL WRIT PETITION NO.82 OF 2025 AND CRIMINAL WRIT PETITION NO.83 OF…

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Code of Civil Procedure- Order 43- Appellate Court power of interference – besides considering basic elements for prima facie case to exist, the conduct of the parties should be also looked.

IN THE HIGH COURT OF BOMBAY AT GOA APPEAL FROM ORDER NO.31 OF 2024 (Coram: VALMIKI MENEZES, J.) (Decided on…

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Sections 249 to 251 of BNSS, 2023 – The filing or non-filing of application for discharge within period of 60 days would not affect petitioners right of audience before framing of charge. Held

IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL WRIT PETITION NO.288 OF 2026 (Decided on 21.08.2026) (Coram: S. G….

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