Execution Proceedings—CPC Sections 47 & Order 21—Repeated Objections, Delay, and Abuse of Process: A second objection under Section 47 CPC by a third party, identical to one already dismissed on merits and upheld by higher courts, is barred by res judicata—Executing courts need not conduct a full inquiry into frivolous objections, particularly where the objector derives rights from a party held to be a trespasser—Observations made during dismissal of an SLP without detailed hearing do not constitute binding precedent—Under Article 1108 of the Portuguese Civil Code, derivative claims by a spouse of a trespasser cannot override final findings—Repeated objections causing delays amount to abuse of process; courts may dismiss such tactics under Article 227 and impose costs—Execution must be conclud...

The petition challenges the order passed under Section 8 of the Goa Tourist Places (Protection and Maintenance) Act, 2001, for recovery of costs incurred in removing a nuisance caused by the petitioner’s vessel, M.V. River Princess—The Competent Authority had determined the amount of Rs.166.41 crores for recovery without granting the petitioner an opportunity to be heard, leading to a violation of natural justice—The Appellate Authority dismissed the appeal, affirming the original order, claiming natural justice principles were excluded under the Act—The petitioner contended that the order had civil consequences, and natural justice should have been complied with—The Court held that the principles of natural justice apply unless expressly excluded by the statute—The absence of an opportunity to be heard...

Penal Code, 1860—Section 415—The High Court quashed criminal proceedings initiated under Sections 415 and 420 of the Penal Code, 1860, as well as an order under Section 156(3) Cr.P.C. directing FIR registration—The allegations in the complaint, when taken at face value along with uncontroverted documents, primarily disclosed a civil dispute arising from a breach of contract (MOU) and lacked the essential elements of cheating, particularly the fraudulent or dishonest intent at the inception of the transaction—The Court emphasized that a subsequent breach of promise does not establish criminal intent for cheating—It was also found that the complainant, a property developer, had prior knowledge of tenancy issues and legal proceedings related to the property, negating any claim of deceit or suppression of facts&m...

Criminal Procedure Code, 1973—Section 482—Criminal Procedure—Quashing of Proceedings—Mere Presence in Protest—No Unlawful Assembly or Common Object—Right to Protest—The High Court quashed FIR No. 2/2021 and Charge Sheet No. 96/2023 filed against petitioners who participated in a peaceful protest march opposing an IIT project, holding that even if allegations in the FIR are taken at face value, no offence is made out under Sections 143, 145, 147, 341, 186, 353, 120-B r/w 149 IPC—The FIR lacked any specific allegation of unlawful object, use of weapons, or destruction of government property—Citing State of Haryana v. Bhajan Lal (1992), Madan Singh v. State of Bihar (2004), and Sitaram v. Emperor (1925), the Court held that mere presence in a protest, without evidence of shared unlawful i...

Civil Procedure Code, 1908 (CPC)—Order 6 Rule 17—The High Court allowed the petitioners' application to amend the prayer clause of their civil suit under Order 6 Rule 17 of the Civil Procedure Code, 1908, despite the trial court's rejection—The sought amendment was deemed merely clarificatory, intended to aid the executing court in the event of a decree, without altering the nature of the suit or introducing a time-barred claim—The Court emphasized that procedural laws should not obstruct substantive rights and that such an amendment did not raise any issues regarding limitation—The High Court's ruling reflects the principle that amendments should be permitted if they are necessary for the proper adjudication of the case and do not affect the core of the litigation—Therefore, the amendment w...

The primary objective of Order VI Rule 17 of the Civil Procedure Code (CPC) is to ensure the real controversy between parties is determined, allowing amendments necessary for justice and avoiding multiplicity of proceedings—Courts have permissive power to allow amendments at any stage but must allow those necessary for determining the real issue, provided they do not cause irreparable harm to the opposing party or introduce time-barred claims—Amendments concerning the relief clause, based on existing pleadings, should generally be allowed, especially if clarificatory—The proviso to Order VI Rule 17 restricting amendments after the trial commences applies to introducing new facts, not clarifying existing relief claims—Even time-barred claims may be permitted if they clarify relief consequential to the main claim&mda...

Criminal Procedure Code, 1973 (CrPC)—Sections 107—The Petitioner filed a petition challenging an order passed by the Deputy Collector/Sub Divisional Magistrate at Quepem under Section 117 and 107 of the Criminal Procedure Code (Cr.P.C.)—The Petitioner argues that the proceedings initiated by Respondent No. 2 under Section 107 of Cr.P.C—are not maintainable, as the Petitioner is in possession of the property and management of the religious place called 'Dargah' of Pir Goa/Babar Pir—The Petitioner argues that the order passed by the Sub Divisional Magistrate (SDM) in 2009 and confirmed in 2023 remains in operation until a Civil Court decides the dispute—Respondents argue that the Petitioner's actions, such as locking the sanctum sanctorum, created a threat of breach of peace and tranquillity, ...

The petitioner, appointed as a Member of the Consumer Redressal Forum under the Consumer Protection Act, 1986, sought a writ of Mandamus for the payment of salary and allowances in accordance with the Consumer Protection (Salary, Allowances and Conditions of Service of President and Members of the State Commission and District Commission) Model Rules, 2020, for the period from 20.07.2020 to 03.07.2022—The petitioner argued entitlement to salary equal to the pay of a Deputy Secretary of the State Government, with annual increments—The respondents contended that the petitioner, appointed under the Act of 1986, was entitled to benefits under that Act—The court, reading Sections 30 and 31 of the Consumer Protection Act, 2019, harmoniously, held that the petitioner was entitled to the benefits of the Model Rules and directed ...

Penal Code, 1860 (IPC)—Section 302—Murder—The High Court examined the conviction of the appellant, which was primarily based on the sole testimony of an eyewitness, referred to as ‘A’—The appellant's counsel contended that the eyewitness account was unreliable and suggested possible tutoring—Conversely, the Public Prosecutor argued that the testimony, coupled with medical reports, supported the conviction—The High Court found the eyewitness testimony inconsistent and lacking corroboration, underscoring that mere suspicion cannot substitute for concrete proof in criminal law—Emphasizing the need for reliability in the testimony of a sole eyewitness, the court deemed the evidence flawed and untrustworthy—Consequently, the High Court acquitted the appellant, overturned the trial...

Goa, Daman and Diu Agricultural Tenancy Act 1964—Section 58(2)—The First Appellate Authority's orders regarding the legal heirs in a civil suit, the court addressed petitions from the original defendants contesting the revival of the case following the deaths of both the plaintiff and defendant—The civil suit was kept sine die while tenancy issues were referred to the Mamlatdar—The appellants argued that the suit had automatically abated due to the plaintiff's death before the tenancy issue was referred, claiming the reference lacked jurisdiction—The First Appellate Court allowed the application to bring legal heirs on record, emphasizing the interconnectedness of the civil and tenancy proceedings—The court found that the legal heirs were effectively brought into the tenancy proceedings, which b...