Search Results for "Portuguese law"

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Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Developer's Challenge to Deemed Conveyance in Favor ...
Bombay High Court Allows Appeal in Arbitration Act Case — Upholds Appointment ...
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High Court of Bombay Quashes Deputy Registrar's Directives in Co-operative Socie...

Search Results for "Portuguese law"

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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 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 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1566 of Portuguese Civil Code, 1867 providing a 6-month limitation period for pre-emption suits is not impliedly repealed by the Indian Limitation Act, 1963.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 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 Second Appeal in Property Dispute Over Right of Way and Title. Suit for Injunction Dismissed and Counterclaim for Declaration of Title and Injunction Upheld Based on Adverse Possession and Better Title.

13 Aug 2010

The appellants, Efigenio Dias and Josinho Dias, filed a suit for permanent injunction against the respondents, Malaquias D'Costa and others, to restra...

High Court

Bombay High Court Dismisses Second Appeal in Property Dispute, Upholding Concurrent Findings on Ownership and Possession. Counterclaim for Ownership Based on Adverse Possession Fails as Appellants Failed to Prove Hostile Possession and Ouster of True Owners.

10 Aug 2010

The case involves a property dispute between two sets of parties over a house and land in Bicholim, Goa. The respondents/plaintiffs (Shaikh Mohammad A...

High Court

Bombay High Court Allows Second Appeal in Divorce and Property Division Case Under Portuguese Civil Code — Sets Aside Ex-Parte Decree for Violation of Natural Justice. Failure to Serve Counterclaim and Proceed Ex-Parte Without Notice to Respondent Rendered the Trial Court's Decree Unsustainable.

4 Aug 2010

The case arises from a matrimonial dispute between Sebastiao Paulo Fernandes (appellant/husband) and Filomena Fernandes (respondent/wife). The wife fi...

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...

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