The Goa Succession, Special Notaries and Inventory Proceeding Bill, 2008’ introduced in the legislature for what??
The Goa Government,actually some selected few individuals say that its just translation of the Portuguese Civil Code in force in Goa and through this Bill they intend to consolidate the Succession, Inventory Proceedings and Notaries laws into one Act. Know the Members of the Select Committee here: http://kuchtohgadbadhai.blogspot.in/2014/04/list-of-members-of-drafting-comittee.html
The first question which arises is whether the complete Portuguese civil code is in force in goa??
the answer to this question is the Goa Daman and diu regulations of 1963, these regulations say that the list of laws given in this regulation are being extended to the state of Goa and also that corresponding law of Portuguese Civil Code stands repealed.
But the reality is that the Government of Goa for last 50 year of freedom, is not telling its citizens which are THESE corresponding laws of Portuguese civil code which were repealed in 1963. Now the question is "why?"
Since the laws which govern the People of Goa are not available in English,although some so called expert senior advocates have published so called translations of the Portuguese civil code in force in Goa.these publications of translation have no legal value because these are not authenticated by the Government of Goa as authentic translations of the code.but the fact is that these translations are the exact translations of the Portuguese laws in force in Goa.
so what is the issue ?
the issue is that a citizen,a comman man in Goa cannot claim that these translations are the only laws applicable to him because as said above these are not authenticated by the government.And the real issue is that some elite experts from the legal fraternity(they are called experts not because they know Portuguese but because we don't know Portuguese ) uses provisions from the repealed law of the Portuguese civil code to win the cases in the Goan Courts.
How this made possible is that a certain provision from the repealed laws which provides an advantage to the loosing party is chosen,next this provision is simply declared to be provision of the laws which are not repealed. And the party wins.
The Recent publication of the book "Family & Succession Law of the Portuguese Civil Code of 1867 – A 21st Century" by experts from our native land Portugal put the Government and the So Called Expert Senior Advocates in a dilemma.Because shockingly some of the provisions included by the Select Committee in the "The Goa Succession, Special Notaries and Inventory Proceeding Bill, 2008" doesn't exist in the said book.
"The Goa Succession, Special Notaries and Inventory Proceeding Bill, 2008" is a fraud committed on the people of Goa and on the Constitution of India by The Select Committee and the Government. What was not possible to do directly the Government is doing indirectly by trying to pass the said Bill. It was constitutionally not possible for the Select Committee and the Government of Goa to reintroduce the repealed provisions of the Portuguese Civil Code , so in the guise of "CONSOLIDATE"ing the Select Committee and the Government is Reintroducing the repealed provisions of the Portuguese Civil Code.
You will ask me how come this issues of use of Repealed Laws did not reach to the Courts. It depends upon the capability of the litigants whether they will challenge such issues of use of repealed Portuguese laws. To my record there are two cases which reached to the High Court of Bombay. The first one is Second Appeal No.3 of 2006 and the other Second Appeal No. 24 of 2012 in both the cases a provision of Portuguese Civil Code Dealing with the Contract law of Portuguese Civil Code was upheld by the Hon'ble High Court of Bombay at Panaji, the provision is Article 1565 of the Contract of Sale of the Portuguese Civil Code. The High Court Held in both the judgment that the Article 1565 of Portuguese Civil Code is a Provision of Succession laws.Read my post to know more about Article 1565 of Portuguese Civil Code: http://kuchtohgadbadhai.blogspot.in/2014/09/law-went-missing-in-goa-can-you-find.html
The parties to the first case i.e Second Appeal No.3 of 2006 went in a appeal to the Supreme Court by way of Special Leave Petition No.18992 of 2012 . But the Lawyers were smart enough to stop the issue reaching to Supreme Court, interestingly the Case was withdrawn by the Petitioners and settled amongst them. Read the Contents of the withdrawal here : http://kuchtohgadbadhai.blogspot.in/2014/05/slp-18992-of-2012-in-honble-supreme.html
In the Second Case i.e Second Appeal No. 24 of 2012 the High Court passed similar decision upholding the Article 1565 of the Portuguese Civil Code to be provision of succession law. The Petitioner in this matter have filed a IN-PERSON Special Leave Petition in the Supreme Court bearing Diary No.25532 of 2014, which is yet to be registered. When the party had approached a number of High Court Advocates to file a Review of the Order in the High Court, all the advocates backed off, realizing that if correct facts were brought before the court it will expose the Fraud going on on the people of Goa by the Government and the Legal Fraternity.
Read the Judgement of Second Appeal No.3 of 2006 here:
http://naikvishal.blogspot.com/2014/02/second-appeal-no3-of-2006in-high-court.html
Read the Judgement of Second Appeal No.3 of 2006 here:
http://naikvishal.blogspot.com/2014/02/second-appeal-no24-of-2012in-high-court.html
This Bill is nothing but a cover up for all the Frauds Committed by the so called Portuguese Law experts and the Government on the people of Goa since the time of liberation. And the Present BJP Government is on a spree to Hit The Final Nail on All The Coffins.
The Goa Government,actually some selected few individuals say that its just translation of the Portuguese Civil Code in force in Goa and through this Bill they intend to consolidate the Succession, Inventory Proceedings and Notaries laws into one Act. Know the Members of the Select Committee here: http://kuchtohgadbadhai.blogspot.in/2014/04/list-of-members-of-drafting-comittee.html
The first question which arises is whether the complete Portuguese civil code is in force in goa??
the answer to this question is the Goa Daman and diu regulations of 1963, these regulations say that the list of laws given in this regulation are being extended to the state of Goa and also that corresponding law of Portuguese Civil Code stands repealed.
But the reality is that the Government of Goa for last 50 year of freedom, is not telling its citizens which are THESE corresponding laws of Portuguese civil code which were repealed in 1963. Now the question is "why?"
Since the laws which govern the People of Goa are not available in English,although some so called expert senior advocates have published so called translations of the Portuguese civil code in force in Goa.these publications of translation have no legal value because these are not authenticated by the Government of Goa as authentic translations of the code.but the fact is that these translations are the exact translations of the Portuguese laws in force in Goa.
so what is the issue ?
the issue is that a citizen,a comman man in Goa cannot claim that these translations are the only laws applicable to him because as said above these are not authenticated by the government.And the real issue is that some elite experts from the legal fraternity(they are called experts not because they know Portuguese but because we don't know Portuguese ) uses provisions from the repealed law of the Portuguese civil code to win the cases in the Goan Courts.
How this made possible is that a certain provision from the repealed laws which provides an advantage to the loosing party is chosen,next this provision is simply declared to be provision of the laws which are not repealed. And the party wins.
The Recent publication of the book "Family & Succession Law of the Portuguese Civil Code of 1867 – A 21st Century" by experts from our native land Portugal put the Government and the So Called Expert Senior Advocates in a dilemma.Because shockingly some of the provisions included by the Select Committee in the "The Goa Succession, Special Notaries and Inventory Proceeding Bill, 2008" doesn't exist in the said book.
"The Goa Succession, Special Notaries and Inventory Proceeding Bill, 2008" is a fraud committed on the people of Goa and on the Constitution of India by The Select Committee and the Government. What was not possible to do directly the Government is doing indirectly by trying to pass the said Bill. It was constitutionally not possible for the Select Committee and the Government of Goa to reintroduce the repealed provisions of the Portuguese Civil Code , so in the guise of "CONSOLIDATE"ing the Select Committee and the Government is Reintroducing the repealed provisions of the Portuguese Civil Code.
You will ask me how come this issues of use of Repealed Laws did not reach to the Courts. It depends upon the capability of the litigants whether they will challenge such issues of use of repealed Portuguese laws. To my record there are two cases which reached to the High Court of Bombay. The first one is Second Appeal No.3 of 2006 and the other Second Appeal No. 24 of 2012 in both the cases a provision of Portuguese Civil Code Dealing with the Contract law of Portuguese Civil Code was upheld by the Hon'ble High Court of Bombay at Panaji, the provision is Article 1565 of the Contract of Sale of the Portuguese Civil Code. The High Court Held in both the judgment that the Article 1565 of Portuguese Civil Code is a Provision of Succession laws.Read my post to know more about Article 1565 of Portuguese Civil Code: http://kuchtohgadbadhai.blogspot.in/2014/09/law-went-missing-in-goa-can-you-find.html
The parties to the first case i.e Second Appeal No.3 of 2006 went in a appeal to the Supreme Court by way of Special Leave Petition No.18992 of 2012 . But the Lawyers were smart enough to stop the issue reaching to Supreme Court, interestingly the Case was withdrawn by the Petitioners and settled amongst them. Read the Contents of the withdrawal here : http://kuchtohgadbadhai.blogspot.in/2014/05/slp-18992-of-2012-in-honble-supreme.html
In the Second Case i.e Second Appeal No. 24 of 2012 the High Court passed similar decision upholding the Article 1565 of the Portuguese Civil Code to be provision of succession law. The Petitioner in this matter have filed a IN-PERSON Special Leave Petition in the Supreme Court bearing Diary No.25532 of 2014, which is yet to be registered. When the party had approached a number of High Court Advocates to file a Review of the Order in the High Court, all the advocates backed off, realizing that if correct facts were brought before the court it will expose the Fraud going on on the people of Goa by the Government and the Legal Fraternity.
Read the Judgement of Second Appeal No.3 of 2006 here:
http://naikvishal.blogspot.com/2014/02/second-appeal-no3-of-2006in-high-court.html
Read the Judgement of Second Appeal No.3 of 2006 here:
http://naikvishal.blogspot.com/2014/02/second-appeal-no24-of-2012in-high-court.html
This Bill is nothing but a cover up for all the Frauds Committed by the so called Portuguese Law experts and the Government on the people of Goa since the time of liberation. And the Present BJP Government is on a spree to Hit The Final Nail on All The Coffins.
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