The Hon'ble High Court of Bombay at Goa in the final order and judgment of Civil Application Review No.11 of 2014 titled Vijaya Gajanan Naik V/s Suresh Basu Naik and Othrs declared that an Article 1565 of the Portuguese civil Code which belongs to the chapter of Portuguese civil code titled the "Contract of Sale",is in actuality provision of succession law.
The Petitioner in the Special Leave Petition has disputed the decision of the Hon'ble High court of bombay at Goa.The Petitioner has claimed that article 1565 of the Portuguese civil code in no way deals with succession as it clearly speaks about contract between parents and childrens(only contract between parents and majors childrens is valid as per the Indian Contract Act),and that whole chapter of contracts in portuguese civil code is repealed by the Indian Contracts Act.
Even if it is assumed that the Decision of the High Court is correct,it will be surprising to know that the said Article 1565 of the portuguese civil code or the provision of succession law as declared by the high court does not exists in any legal publication in the state of Goa even after 58 years of liberation from the portuguese regime.
further the only Case Reporter of the Goa ,that is the Goa Law Times did not include the landmark judgments of Second Appeal No.24 of 2012 Vijaya Gajanan Naik V/s Suresh Basu Naik and Othrs ,which the petitioner had also tried to review in the high court vide Her Review Application in Civil Application Review No.11 of 2014.
Another Judgment of the Hon'ble high court titled Shri Norberto Paulo Sebastiao Fernandes and Others V/s Shri Gabriel Sebastiao Idalino Fernandes and Others in Second Appeal No.3 of 2006 which has also upheld the Article1565 of the portuguese Civil Code is also not reported in the Goa Law Times by its publishers.
The Special Leave Petition was filed relying on the Decision of the Hon'ble Supreme court in Syndicate Bank v. Praba D Naik and Anr. Wherein the Hon'ble supreme Court has declared a law that a single provision from a repealed chapter of Portuguese Civil Code cannot sustain,either a chapter exists in its entirely or not,there is no half way about it.
you can download the Draft of Special Leave Petition for reference here
further the only Case Reporter of the Goa ,that is the Goa Law Times did not include the landmark judgments of Second Appeal No.24 of 2012 Vijaya Gajanan Naik V/s Suresh Basu Naik and Othrs ,which the petitioner had also tried to review in the high court vide Her Review Application in Civil Application Review No.11 of 2014.
Another Judgment of the Hon'ble high court titled Shri Norberto Paulo Sebastiao Fernandes and Others V/s Shri Gabriel Sebastiao Idalino Fernandes and Others in Second Appeal No.3 of 2006 which has also upheld the Article1565 of the portuguese Civil Code is also not reported in the Goa Law Times by its publishers.
The Special Leave Petition was filed relying on the Decision of the Hon'ble Supreme court in Syndicate Bank v. Praba D Naik and Anr. Wherein the Hon'ble supreme Court has declared a law that a single provision from a repealed chapter of Portuguese Civil Code cannot sustain,either a chapter exists in its entirely or not,there is no half way about it.
you can download the Draft of Special Leave Petition for reference here
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