Judgements

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By admin Judgements

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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A) The Constitution of India – Article 226 – No scope of judicial review under Article 226 of the Constitution of India where, the Petitioner has not discharged the initial burden of establishing a public law infirmity in the auction process which can be said to be sufficient to justify a writ direction to reopen, resume or cancel a concluded E-Auction process.

IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.480 OF 2026 (CORAM :VALMIKI MENEZES & HITEN S. VENEGAVKAR,…

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A) The Society Registration Act (Goa Daman and Diu First Amendment) Act 1979 – Section 20A – In the absence of any audit report furnished by the Petitioner-society in compliance with Sections 12C and 12D of the Act, Inspector General’s direction for an independent audit to aid him in discharging his duty under Secion 20A of the Act was within jurisdiction.

IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 414 OF 2026 (CORAM : DR. NEELA GOKHALE,…

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Civil Procedure Code,1908- Section 100- Substantial Question of Law – If there is a breach of the principles of natural justice, a substantial question of law would arise.

IN THE HIGH COURT OF BOMBAY AT GOA. SECOND APPEAL NO. 35 OF 2026 (AMIT S. JAMSANDEKAR, J.) Disposed on…

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The Inland Vessels Act, 2021 – Section 32 – Direction to the Captain of Ports, Goa, to decide the Petitioner’s application under Section 32 within a period of one week from today and pass appropriate orders, considering that there is no impediment for the grant of the same as contended by the Danaos Ship Management Private Limited.

IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.287 OF 2026 (VALMIKI MENEZES & AMIT S. JAMSANDEKAR, JJ.)…

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Negotiable Instrument Act, 1881 – Section 145(2) – Impugned order quashed and set aside as there are no reasons assigned by the learned Judge for dismissing the Application filed by the Petitioner under Section 145(2) of the N.I. Act.

IN THE HIGH COURT OF BOMBAY AT GOA CRIMINAL WRIT PETITION NO. 10 OF 2026 (AMIT S. JAMSANDEKAR, J.) Disposed…

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Chapter IX of the Bharatiya Nagarik Suraksha Sanhita, 2023 (the BNSS), Section 126 r/w Section 130 – The Magistrate to set forth the substance of the information received and his opinion that there is sufficient ground for proceeding in the matter. The order under Section 130 of BNSS is sine qua non for assuming jurisdiction to proceed with the powers conferred under Section 126 of the BNSS. Therefore, the order as contemplated under Section 130 of the BNSS cannot be mechanical.

IN THE HIGH COURT OF BOMBAY AT GOA CRI.W.P. NO. 50 OF 2026, ALONG WITH CRWP NO. 51,52,53,54 AND…

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Portuguese Code of Civil Procedure – Articles 1100, 1101 and 1102, Cancellation of marriage certificate by Registrar, Section 13 of the Code of Civil Procedure, 1908 – A decree passed by a Civil Court having competent jurisdiction in India cannot be construed as a foreign decree under the Portuguese Code of Civil Procedure, 1939.

IN THE HIGH COURT OF BOMBAY AT GOA. WRIT PETITION NO. 265 OF 2026 (VALMIKI MENEZES & AMIT S. JAMSANDEKAR,…

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Section 123A of Goa Co-operative Societies Act, 2001 – Scope – The provision mandates that, upon cessation of office, the outgoing office bearer shall hand over charge, records, books, documents and properties of the Society to the person or Committee legally entitled to receive the same. The language employed in Section 123A by the legislature leaves no room for discretion. The obligation is mandatory, and most importantly, the obligation is immediate with the sole object that the functioning of the Society should not be hampered or stalled and should effectively continue

IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.2347 OF 2025(F) (VALMIKI MENEZES & HITEN S. VENEGAVKAR, JJ)…

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