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

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,...

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 Dismisses Appeal in Succession Act Case — Will Not Proven in Accordance with Indian Succession Act, 1925. Court held that propounder failed to prove due execution and attestation of will under Section 63 of the Indian Succession Act, 1925.

30 Nov -0001

The appellant, Smt. Eugenia Rana, filed an appeal against the judgment and decree dated 30th April 1994 passed by the Civil Judge, Senior Division, Da...

High Court

Bombay High Court at Goa Dismisses Second Appeal in Property Partition Suit — Upholds Concurrent Findings of Courts Below. Co-owner Cannot Claim Adverse Possession Against Another Co-owner Without Ouster.

30 Nov -0001

The case involves a family dispute over property among siblings. The appellants, who are co-owners of the suit property, filed a suit for partition an...

High Court

Bombay High Court Dismisses Revision Against Rejection of Plaint Rejection Application in Medical Negligence Suit — Order 7 Rule 11 CPC Application Not Maintainable as Plaint Discloses Cause of Action. The court held that dismissal of criminal case does not operate as res judicata in civil suit and limitation is a mixed question of fact and law not to be decided summarily.

4 Sep 2012

The judgment arises from two Civil Revision Applications filed by Dr. M. N. Pal, the former Dean of Goa Medical College, challenging an order dated 03...

High Court

Bombay High Court Dismisses Pre-emption Suit as Barred by Limitation — Portuguese Civil Code Article 1566 Governs Period for Pre-emption in Goa. Court holds that Article 1566 of Portuguese Civil Code, 1867 providing a 6-month limitation period for pre-emption suits is not impliedly repealed by the Indian Limitation Act, 1963.

21 Feb 2014

The appellants filed a suit for pre-emption against the respondents, seeking to exercise their right to purchase property. The suit was dismissed by t...

High Court

Bombay High Court Allows Appeal Against Order Dismissing Objections to Will Validity Under Portuguese Civil Code. Court Holds That Objections to Validity of Will on Ground of Nullity Under Article 2177 of Portuguese Civil Code Can Be Examined in Probate Proceedings.

2 Jul 2014

The appeal challenges an order dated 18.06.2008 whereby the objections raised by the appellants to the validity of the Will dated 18.09.1991 came to b...

Supreme Court

Supreme Court Allows Appeal of Married Daughter in Inventory Proceedings for Lease Premises Under Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. The court held that the Inventory Proceeding Act governs succession rights, not the Goa Rent Act, and married daughters have equal inheritance rights.

13 Mar 2019

The case involves a dispute over the inclusion of lease premises in inventory proceedings for the estate of Late Sadanand V. Marathe and Late Nirmalab...

High Court

Bombay High Court Holds Amendment to Section 17 of Indian Divorce Act, 1869 Ousting Confirmation Requirement is Retrospective — Reference for Confirmation of Dissolution Decree Renders Infructuous. The amendment deleting the requirement of High Court confirmation of dissolution decrees applies to pending matters, making the reference infructuous.

9 May 2014

The case involves a First Appeal and a Reference arising from a matrimonial dispute under the Indian Divorce Act, 1869. The appellant, Sou. Kamal w/o ...

Supreme Court

Supreme Court Allows Appeal of Married Daughter in Inventory Proceedings for Lease Premises Under Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. The Court held that the definition of 'tenant' under the Goa Rent Act does not apply to succession, and the Inventory Proceeding Act governs inheritance without discrimination against married daughters.

13 Mar 2019

The case involves a dispute over the inclusion of lease premises in inventory proceedings for the estate of Late Sadanand V. Marathe and Late Nirmalab...

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