Search Results for "Portuguese Civil Procedure Code"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Supreme Court Allows Appeal of Claimant in Motor Accident Case — Functional Di...
Supreme Court Modifies Sentence in Forgery Case Due to Long Pendency and No Crim...
Madras High Court Dismisses Second Appeal in Partition Suit — Concurrent Findi...
High Court of Bombay at Bombay Dismisses Insurance Company's Appeal in Motor Acc...

Search Results for "Portuguese Civil Procedure Code"

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High Court

Bombay High Court Allows Second Appeals in Land Dispute Case — Concurrent Findings Set Aside Due to Non-Application of Mind by First Appellate Court. The Court Held That the First Appellate Court Must Comply with Order 41 Rule 31 CPC and Decide the Appeal on Merits After Proper Appreciation of Evidence.

30 Nov -0001

The present second appeals arise from a land dispute between the appellants (original plaintiffs) and the respondents (original defendants) concerning...

High Court

Bombay High Court Dismisses Second Appeal in Land Dispute Over Right of Way — Concurrent Findings of Fact Not Interfered With. The court held that a second appeal under Section 100 of the Code of Civil Procedure, 1908 cannot be entertained on questions of fact when findings are based on appreciation of evidence.

10 Mar 2017

The case involves a second appeal filed by the appellants (original plaintiffs) against the judgment and decree of the first appellate court which con...

High Court

Bombay High Court Dismisses Appeal by Spouse of Heir Seeking to Participate in Licitation in Inventory Proceedings. The right to bid in licitation under Article 1412 of Portuguese Civil Procedure Code, 1939 is limited to heirs and the moiety holder spouse, not extending to spouses of heirs.

13 Apr 2006

The case involves an appeal from an order dated 01.02.2006 in Inventory Proceedings No.310/2004/B for partitioning the estate of Andre Andrade. The wi...

High Court

Bombay High Court Dismisses State's Leave to Appeal Against Acquittal as Time-Barred Under Section 378 CrPC. Limitation period for filing appeal against acquittal by State is 90 days from date of judgment; application filed after 1 year 3 months is barred by limitation.

17 Nov 2006

The State of Maharashtra filed an application for leave to appeal under Section 378 of the Code of Criminal Procedure, 1973 against an order dated 12t...

High Court

High Court of Bombay at Goa Dismisses Appeals in Succession Dispute Over Property of Deceased — Upholds Trial Court's Order for Status Quo and Appointment of Administrator. The court held that the trial court had jurisdiction to appoint an administrator under Section 247 of the Indian Succession Act, 1925, pending final determination of succession rights.

30 Nov -0001

The case involves a dispute over the estate of a deceased person among family members. The appellants and respondents are relatives claiming rights to...

High Court

Goa High Court Rules that Comunidades are Not Public Authorities under RTI Act. Comunidades in Goa are not bound by the RTI Act, 2005; court clarifies their legal status.

26 Jul 2024

The Goa High Court has ruled that Comunidades, traditional village associations in Goa, do not qualify as "public authorities" under the Right to Info...

High Court

Bombay High Court at Goa Upholds Validity of Rule 5 of Goa Minor Mineral Concession (Amendment) Rules, 2002 — Declares Quarry Lease Valid Despite Deletion of Chapter III. Rule 5, which deleted Chapter III of the Goa Minor Mineral Concession Rules, 1985, is held intra vires Section 15 of the Mines and Minerals (Development and Regulation) Act, 1957, as the State Government has power to make rules for grant of quarry leases in respect of land belonging to private persons.

10 Dec 2013

The petitioner, Smt. Maria Teresa Philomena D'Rocha Pegado, filed a writ petition before the Bombay High Court at Goa challenging the constitutional v...

High Court

High Court of Bombay at Goa Allows Writ Petition Challenging Exclusion of 467 Days Under Section 14 of Limitation Act for Filing Section 34 Application Under Arbitration Act. The court held that Section 14 of the Limitation Act does not apply to applications under Section 34 of the Arbitration and Conciliation Act, 1996, and the Union of India failed to demonstrate due diligence.

24 Apr 2017

The petitioner, M/s DDL Excavation Pvt. Ltd., and the respondent, Union of India (UOI), entered into an agreement for execution of works in Goa. Dispu...

High Court

Bombay High Court Allows Appeal Against Dismissal of Inventory Proceedings for Desertion Under Portuguese Civil Procedure Code. The court held that desertion of instance requires a duty to proceed and inertia, which was absent as the appellant had no obligation to take steps after remand.

23 Nov 2006

The case involves an appeal against an order of the Comarca Judge of Salcete and Quepem at Margao dismissing an application and closing Inventory Proc...

High Court

Bombay High Court Allows Appeal in Succession Dispute Over Bank Deposits — Nomination Does Not Confer Ownership, Successors Entitled to Equal Shares Only After Determination in Inventory Proceedings. The court held that the amount standing in the name of the deceased mother could be withdrawn by her successors only after the shares are determined in Inventory Proceedings under the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012.

15 Mar 2017

The case involves a dispute among the children of late Smt. Chameli Yadav regarding the distribution of amounts lying in her savings account and two f...

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