Search Results for "Portuguese law"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "Portuguese law"

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High Court

High Court of Bombay at Goa Upholds Respondent's Right to Compensation in Land Acquisition Dispute — Aforamento Grant Confers Absolute Title After Payment of Foro for 20 Years. The court held that the respondent, as heir of the aforamento grantee, is entitled to the entire compensation under Section 30 of the Land Acquisition Act, 1894, rejecting the appellant Comunidade's claim based on revenue records.

26 Apr 2018

The case involves a land acquisition dispute where the Government acquired 12,800 sq.mtrs from survey no.89/2 of village Chorao for a Village Panchaya...

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 Upholds Will Validity in Succession Dispute — Reduces Bequest to Disposable Quota Under Portuguese Civil Code. Court holds that a testator cannot bequeath entire property to one heir if it prejudices the legitimate share of other heirs under the Portuguese Civil Code, 1867.

16 Jul 2012

The case involves a dispute over the estate of late Calverto Saldanha. The appellants, Mr. Rosario Xavier Arquibaldo Fernandes and Mrs. Anacleta Ferna...

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 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

Bombay High Court Dismisses Appeal Against Rejection of Intervention in Inventory Proceedings — Marriage Not Registered in Goa, No Communion of Assets. The appellant, a divorced spouse, could not claim communion of assets under Portuguese Civil Code as the marriage was solemnized under Special Marriage Act in Bombay and not registered in Goa.

16 Nov 2006

The appellant, Avertano Paul Souza Fernandes, filed an appeal against the order of the Comarca Judge of Salcete and Quepem at Margao rejecting his app...

High Court

Bombay High Court Allows Appeal Against Disinheritance Order in Inventory Proceedings Under Portuguese Civil Code — Remands for Proper Adjudication. The court found that the Comarca Judge erred in applying Article 2053 of the Portuguese Civil Code to disinherit the appellants without considering the inapplicability of the provision to their status.

15 Nov 2006

The appeal arose from an order passed by the Comarca Judge of Salcete and Quepem at Margao in Inventory Proceedings No. 82 of 1993, whereby the appell...

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 Appellant's Second Appeal in Property Suit, Upholding Concurrent Findings on Identification and Adverse Possession. The court held that the documents were not misconstrued and that the concept of adverse possession under Portuguese law does not require knowledge of the owner, but the appellant failed to prove such possession.

24 Jun 2005

The case involves a second appeal filed by the original defendant, Shri Gopal Vishnu Gaude, challenging the judgment and decree of the Civil Judge, Ju...

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...

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