Learned counsel for the petitioner submits that Article 74 of
the Code of Communidade is the only provision under which the
inquiry can be conducted
respondent No. 5 in contravention of the provisions of the Code of Communidades. It is his contention that the application of the respondent ... maximum limit prescribed under the Code of Comunidades to enable a Government employee to get a plot of a Communidade allotted in his favour
appears that consequent upon an amendment inserted in the Code of Communidades in the year 1986 whereby the Administrator of Communidade was empowered to demolish ... District Judge could have injuncted the Administrator of Communidades from exercising his duties under the relevant Code. A bare perusal of the impugned judgment makes
Code
of Comunidades (hereinafter ‘the Code’). Article 154 (3) of
the Code empowers the Administrative Tribunal to grant
permission to the Communidade to compromise terms ... major chunk of land held by the
Communidade. It is at this meeting that the Communidade
resolved that as a compromise, the land in dispute
decision
reported in Communidade of Ponchovadi v. Silvia Riberio, AIR 1971 Goa,
Daman & Diu 34 held as under :-
" Section 15 ,
Code extends to all original suits and proceedings of a civil
nature. It is contended that what is provided under Sec.15 of the
Code ... also contended that amendment was
brought to sec.39 of the Code only to end the cleavage of opinion
among the various High Courts
APPP 1254.16 2
appeal against acquittal under Section 378(4) of the Code of the
offence punishable under Section 138 of the Negotiable
Instruments ... Sessions as per the addition of
proviso to Section 372 of the Code. Accordingly, the applicant
preferred an appeal before the Court of Sessions which
application had been made for additional evidence under Order 41, Rule 27 C.P.C . in the Appellate Court and this application was disallowed ... itself. Such an application could not be supported by any provision of C.P.C.
3.1. In the circumstances, subject to the 1 right
Court clarifying the meaning of the word 'case', in Communidade of Velguem of Bicholim through Yeshwant Vishnu Sahastrabudhe v. Vassant Vithal Govekar ... permission of the Administrative Tribunal in terms of section 9 of Code of Comunidades, 1961, was necessary before such suit was entertained. In fact
exercise of the power under
10
Order VII Rule 11(d) of C.P.C . only where the suit appears
from the statements ... held that while considering the application under Order VII
Rule 11 of C.P.C ., the Court has to ascertain whether the
plaint discloses