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2011 Supreme(Bom) 839

S.C.DHARMADHIKARI, F.M.REIS, MOHIT S.SHAH
Edward Evan Pereira – Appellant
Versus
Goncalo Jose Agnelo – Respondent


Advocates Appeared:
For the Appellants:Sudheer Voditel & I. Agha, D.J. Pangam, V.P. Thali, V.D. Pangam, Advocates, M.S. Sonak, Advocate for the Intervenors.
For the Respondents:R3, M.P. Almeida, Advocate, S.G. Dessai, Senior Advocate with Pavithran A.V. & A.F. Diniz, Advocate for the Intervenors.

Judgment :

Chief Justice:

By an order dated 30 September 2010, a Division Bench of this Court, has referred the following questions for determination by a Larger Bench :

“(a) Whether the effect of Sub-Section (1) of Section 3 of the High Court at Bombay (Extension of Jurisdiction to Goa, Daman and Diu) Act, 1981 is that from 30 October 1982, the jurisdiction of the High Court of Bombay including the jurisdiction under the Letters Patent was extended to the Union Territory of Goa, Daman and Diu ?

(b) Whether Sections 3 and 4 of the said Act of 1981 can be interpreted to mean that only a limited jurisdiction vesting in the existing Court of Judicial Commissioner was exercisable by the permanent bench of this Court established under Section 9 of the said Act of 1981 ?” After hearing the learned counsel for the parties, we have also framed the following questions:-

(c) Whether Letters Patent Appeal under Clause 15 of the Letters Patent of Bombay High Court is maintainable against the judgment of a Single Judge of the High Court of Bombay sitting at Panaji (Goa) in writ petition under Article 226 of the Constitution?

(d) Whether the decision dated 20 June 2009 of a Division Bench of







































































































































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