Search Results for "Portuguese Family Laws"

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Search Results for "Portuguese Family Laws"

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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,...

High Court

Jurisdiction for Succession Certificate Applications in Goa Clarified. Civil Courts Empowered to Handle Succession Matters for Non-Goans and Hindus

1 Aug 2024

The court addresses the issue of jurisdiction for applications under Section 372 r/w. Section 370 of the Indian Succession Act, 1925, for the grant of...

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. ...

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...

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...

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 Partly Allows Appeal in Lease Dispute, Reduces Mesne Profits Interest Rate. Court holds that interest on mesne profits should be at 6% per annum under Section 34 CPC, not 18% as awarded by trial court.

21 Mar 2017

The appellant, Bandekar Brothers Pvt. Ltd., challenged the judgment and decree dated 16.04.2009 passed in Special Civil Suit No.62/1996 by the trial c...

High Court

Bombay High Court Allows Appeal in Property Dispute Involving Will and Gift Deed Validity — Execution of Gift Deed by Minor and Subsequent Will Found Invalid Due to Lack of Testamentary Capacity and Undue Influence. The court held that a gift deed executed by a minor is void ab initio under the Portuguese Civil Code, and a will executed under undue influence is invalid.

11 Mar 2015

The case involves a property dispute in Goa concerning the estate of one Joao Fernandes. The appellant, Sqn. Ldr. A. P. Fernandes, challenged a gift d...

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 ...

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...

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