Search Results for "Civil Code 1867"

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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...
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Search Results for "Civil Code 1867"

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Supreme Court

Supreme Court Allows Appeal of Legal Heir in Succession Dispute, Holds Portuguese Civil Code Governs Immovable Property of Goan Domicile Outside Goa. The Court ruled that the property in Bombay must be included in inventory proceedings under the Portuguese Civil Code, overriding the Indian Succession Act.

13 Sep 2019

The Supreme Court considered an appeal concerning the succession to the immovable property of a Goan domicile, Joaquim Mariano Pereira (JMP), who died...

High Court

Bombay High Court Allows Writ Petition in Inventory Proceedings Dispute — Clarifies Appointment of Cabeca-de-casal and Maintainability of Common Inventory for Spouses with Different Heirs. The court held that the lower courts had erred in their orders regarding the appointment of Cabeca-de-casal and the maintainability of a common inventory proceeding under the Portuguese Civil Code, 1867, as applicable in Goa.

24 Nov 2017

The case involves a Writ Petition under Articles 226 and 227 of the Constitution of India challenging two orders: one dated 13.10.2015 passed by the l...

High Court

High Court of Bombay at Goa Adjudicates Constitutional Challenge to Article 19 of Decree No.35461 on Enforcement of Ecclesiastical Annulment Decrees. Petitions Seek to Nullify Canonical Marriage Annulments and Prevent Civil Endorsements, Questioning the Validity of Pre-Constitution Colonial Law.

15 Oct 2019

Two writ petitions were heard together. In Writ Petition No.351 of 2017, the petitioner wife married the fourth respondent on 26 September 2009 under ...

High Court

Bombay High Court Upholds Trial Court's Refusal to Allow Premature Amendment in Divorce Petition Under Portuguese Civil Code. Discretion of Trial Court Not Arbitrary When Ground for Divorce Based on Article 4(8) of Law of Divorce Was Premature as 10-Year Separation Period Had Not Expired.

10 Apr 2014

The petitioner, Mr. Antonio Ferdino Varela, filed a writ petition challenging the order dated 06.01.2014 passed by the learned District Judge-2, Panaj...

High Court

High Court of Bombay at Goa Dismisses Writ Petition Seeking Cancellation of Marriage Certificate by Mandamus — No Statutory Duty on Registrar to Cancel Certificate After Divorce Decree. The court held that a writ of mandamus cannot be issued in the absence of a statutory duty, and the marriage certificate is merely a record of the fact of marriage, not automatically cancellable upon divorce.

29 Apr 2026

The petitioner, Blinston Savio Fernandes, filed a Writ Petition under Article 226 of the Constitution of India before the High Court of Bombay at Goa,...

High Court

High Court of Bombay at Goa Reviews Civil Revision Application Against Order Rejecting Application for Rejection of Plaint Under Order 7 Rule 11 CPC. The Applicant Contended that Pre-emption Suit was Barred by Six-Month Limitation under Articles 1566 and 2309 of Civil Code, 1867.

19 Jan 2023

The matter arose from a Civil Revision Application filed before the High Court of Bombay at Goa by the original defendant no.1 challenging the order d...

Supreme Court

Supreme Court Dismisses Appeal in Inventory Proceedings Under Portuguese Civil Procedure Code Regarding Heritability of Auction Rights. The court held that rights from a successful bid in licitation are heritable under Article 1737 of the Portuguese Civil Procedure Code, 1867, as they are not personal, and the obligation to deposit arises only after final partition, allowing heirs to claim the property.

19 Sep 2022

The dispute originated from inventory proceedings under the Portuguese Civil Procedure Code, initiated in 1985 for the partition of the estate of Lt. ...

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

KAHC010352992020_1

31 May 2022

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High Court

High Court of Bombay at Goa Allows Appeal by Co-operative Bank in Mortgage Suit, Holding That Bank Cannot Consolidate Mortgages Under Section 67A of Transfer of Property Act, 1882. Mortgage by Limited Owners (Widow, Son, Daughter-in-Law) Without Legal Necessity Not Binding on Reversioners (Daughters) Under Hindu Succession Act.

15 Sep 2010

The appeal arises from a judgment/decree dated 17/10/2005 in Special Civil Suit No.55/99/III (old) by the Civil Judge, Senior Division, Canacona, decr...

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