The Goa Succession, Special Notaries and Inventory Proceeding Bill, 2008’ a fraud, to cover up fraud's

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this regulation are being extended to the state of Goa and also that corresponding law of Portuguese Civil Code stands repealed.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50 year of freedom, is not telling its citizens which are THESE corresponding laws of Portuguese civil code which were repealed in 1963.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are called experts not because they know Portuguese but because we don't know Portuguese ) uses provisions from the repealed law of the Portuguese civil code to win the cases in the Goan Courts.

How this made possible is that a certain provision from the repealed laws which provides an advantage to the loosing party is chosen,next this provision is simply declared to be provision of the laws which are not repealed.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.

This is why parrikar Government issued the RTI Circular forcing people of Goa to prove their citizenship every time they file RTI Applications.

It was one woman Smt.Maria Fernandes who made this note because she noticed something.

 It was one woman Smt.Maria Fernandes who noticed that Right to Information Act was used by non-indian citizens for ulterior motives.she has clearly stated this in the 2nd para of the above note dated 25/04/2013.

we all know what non-indian citizens means,it is the Nigerian,Russians,Pakistanis and ISIS and the people of rest of the world.

At first,it appeared that Smt.Maria Fernandes knew exactly whom she was referring to,and that she was very much concerned about protecting our country,i.e India from the Ulterior Motives of these non-indian Citizens and that is why five people from the Government agreed with Smt.Maria Fernandes.these five people include: 

1.Shri.Manohar Parrikar(CM/Information Minister),

2.Shri. B. Vijayan(Chief Secretary)

3.Shri.P.Krishnamurthy(Secretary (Inf & Publicity)

4.Shri. Swapnil Naik(Director Info. Pub), and 

5.Shri.Shekhar Mayenkar (Information Officer Info.&Publ.)

so just for  satisfying my curiosity a RTI Application was filed on 25/10/2013,which consisted following 8 queries.

Queries of RTI Application and the Reply given.

my intention was to find out, of which nationality people are filing these RTI Applications and for what ulterior motives.i thought i will also help to protect my country from these non-indian citizens having ulterior motives.

but the reply to my RTI Application from the Department of Information and Publicity(where Smt.Maria Fernandes works) was shocking. I could not believe my eyes.Smt. Maria Fernandes who had claimed that she had noticed Non-indian Citizens making RTI application with ulterior motives,did not know even single instance of such RTI Application being made to any Govt.Office in Goa.

not satisfied by the information received (as i did not expect such reality) i filed First Appeal with the Director of Information Publicity Shri.Swapnil Naik, asking him to direct the Public Information Officer to provide the correct information(assuming that the information provided was wrong).

First Appeal filed with the Department of information and publicity.

But during the hearing of the First Appeal that every thing was clear,the night before writing the said note,Smt.Maria Fernandes had a dream that all the Nigerians, Russians and people from Portugal are filing RTI Application and that too with Ulterior Motives,and immediately the Goa Government put its machinery in motion to prevent the dream from turning into reality.Thus a National Emergency was averted.

Law went Missing in Goa! can you find it?(Article 1565 of the Portuguese Civil Code)

"Ignorance of Law cannot be a Excuse". If you dont know any law, the laws of the land are in the books so you can just go to a public library and read them,but what if the laws of the land are not in the books, Precisely this is the case of one Provision of Portuguese Civil Code from the chapter of "contract of Sale" i.e the Article 1565 of the Portuguese Civil Code.

This Provision of Contract of Sale was held to be Not-Repealed and still In-force in the state of Goa by the Single Judge of the Goa High Court Hon'ble Justice F.M Reis in two Judgements namely Second Appeal No.3 of 2006 and Second Appeal No.24 of 2012.The Court held that the Provision of Article 1565 of the Portuguese law of contract of sale is intimately connected to the Succession Law Still in force in the State of Goa.The article 1565 guarantees the children a right in the Self Acquired properties of the Parents during their lifetime.

The two Judgements namely Second Appeal No.3 of 2006 dated 09/12/2011 and Second Appeal No.24 of 2012 dated 21/06/2012 are the only cases wherein the article 1565 of the Portuguese Civil code has been considered and upheld by the High Court,as Such these two Judgements are the Landmark Judgements in the history of the Goan Judiciary.

upto here everything is great,but it came to my notice that this provision of Portuguese Civil Code which is intimately connected to succession law has not been Published by the Government of Goa in any Publication.Nor it can be found in the Book Published by one of the Experts in Portuguese Law in Goa the Learned Senior Advocate Mr.Usagaoncar titled Family Laws of Goa Daman and Diu, Volume I and II.

Furthermore, the only Law Reporter in Goa,the GOA LAW TIMES has not included these two judgments in its publication nor did the Bombay Cases Reporter,or All India Reporter.

Just to Clear my doubt, information was sought from the High Court of Bombay as to whether the two Judgments are Reportable or Not,Amazingly they came out to be Reportable Judgments.

I put a challenge to all the Goans to find out Where this provision of law applicable to each of us Goans is published,also find out from the advocate friends of yours about this Article 1565 of the Portuguese Civil code and i guarantee you that they wont be knowing its existence.

Now the question arises What should the Common Man do?

CRZ violation by Suresh Basu Naik in the village of Sancoale,Cortalim Goa

Slp 18992 of 2012 in Hon'ble Supreme Court of India challanging Second Appeal No.3 of 2006 passed by High court of Bombay at Goa

Slp 18992 of 2012 in Hon'ble Supreme Court of India challanging Second Appeal No.3 of 2006 passed by High court of Bombay at Goa

 

SLP was withdrawn before it could have been decided by the Hon'ble Supreme Court of India,and the fact of filing of SLP is misused here in Goa by some advocates,to falsely claim that the said SLP was dissmissed by the Hon'ble Supreme Court and it is made to appear that the issues therein upheld. 

         
 " S U P R E M E   C O U R T   O F   I N D I A
                        

Petition(s) for Special Leave to Appeal (Civil) No(s).18992/2012 (From the judgement and order  dated 09/12/2011 in SA No.3/2006 of The  HIGH COURT OF BOMBAY AT GOA)

NORBERTO P.S.FERNANDES & ORS.                                   Petitioner(s)

                 VERSUS
GABRIEL SEBASTIO IDALINO FERNANDES & ORS          Respondent(s)
(With prayer for interim relief )

Date: 26/11/2012  
CORAM :
        HON'BLE MR. JUSTICE G.S. SINGHVI
        HON'BLE MRS. JUSTICE GYAN SUDHA MISRA

For Petitioner(s)        Mr. Dhruv Mehta, Sr. Adv.
                         Mr. Yashraj Singh Deora, Adv.

For Respondent(s)        Mr. Bhavanishankar V. Gadnis, Adv.

 
                                                                 O R D E R

                 This petition is directed  against  order  dated  9.12.2011 passed by Goa Bench of the Bombay High Court in Second Appeal No. 3 of 2006.
                 During the pendency of  the  special  leave  petition,  the parties have amicably resolved their dispute and filed  Consent  Terms  along with I.A. No. 1 of 2012.
                 We have gone through the  Consent  Terms,  which  are  duly signed by the parties and their advocates/power  of  attorney  holder.
      The same are taken  on  record  and  the  special  leave  petition  is disposed of in terms thereof.
                 It is needless to say that the parties shall strictly abide by the terms of settlement."

complaint filed against husband of ex-headmistress of Government Primary School Curca,Tiswadi under Section 189 and 506 of IPC

Filed a Police Complaint against the husband of the ex headmistress of Government Primary School Curca for threatening my mother that he will kidnap me for filing RTI applications.

Removal of Letters Patent Appeal sure way to stop people of Goa from getting justice and to manipulate the judiciary

see the news article published on indiatimes

It seems someone somewhere don't want common man of Goa to get justice in Goa itself,he wants to remove the Letter Patents Appeal,and keep only one option for the common man and that is to go to Supreme Court to challenge the decisions of single judge of Goa High Court.These are a group of guys who benefit from preventing common man from getting justice.They are well aware that to approach the hon'ble Supreme court of India one needs to have good financial support as just filing of a SLP or a appeal costs more than

Judicial Misconduct for Dummies-The Laughing judge-Part 2

You must have heard about the laughing Buddha,but a laughing judge is a different thing.

It’s a technique used by lawyers to dissuade and discourage common man from approaching courts for justice.

If fixing is done by his own lawyer, obviously with the opposite lawyer and the judge, the decision will be given against the common man,the common man then have only one option and that is to challenge the decision in

list of members of drafting comittee for drafting the Goa Successions and Inventory proceedings bill 2008

This is a list of members of the drafting committee constituted by the Government of Goa of drafting of the Goa Successions and inventory proceedings bill 2008,vide Order dated 1st November,2002 bearing reference No.5/30/2002/LL-Estt is as follows.

1. Shri.Francisco D'Souza

    Hon'ble Minister for law

    judiciary & Legislative Affairs                                    .........Chairman

2. Shri.M.S Usgaonkar
    Sr.Advocate               

Goa University decides to provide Copies of answerbooks under RTI Act and that too without any conditions attached!!!

Today on 15th April 2014 the Goa University has decided to give Copies of answer books to the students  under RTI Act and that too to "take away", not like what they used to do earlier that a condition was put to specify the reason for applying for copies of answer books as for inspection only/perusal only.And students were not allowed to take with them copies of their answerbooks.

The earlier rule made by the Academic Council of the Goa University that "The photocopies of answer

Judicial Misconduct for Dummies-Part I

have been working for last two years in exposing a Judge of a Court,who has conspired with our own advocate to fail a case filed by us. During this time i have realized that justice is not a right of the citizen of this country,whether a person will get justice or not depends upon the intelligence of the person,if the person is intelligent enough  to understand the law and how the case is proceeding the person surely gets justice. but if a person is not intelligent enough to even be aware that a wrong has happened to him. he will think that whatever decision of the court, its the word of the god.and he becomes a victim of Judicial misconduct.

When one of the party to a case is not smart enough and there is no legal support available to him, except his own advocate,the party is bound to loose,either partially or wholly.

The manipulation of the court proceedings is so subtle that,a person not expecting such misconduct will never find one. In simple words we have grown up to have a complete faith in judiciary and also to never think of any possiblity of

Directorate of Technical Education Goa deprives the qualified youngster of Goa of the Administrative positions by filling the posts with full time lectures from various Government Polytechnic Colleges.

first order with condition for posting as only for 6 months

Second order after six months with condition for period of posting remov

Directorate of  Technical Education deprives the qualified youngsters of Goa of the Administrative positions in the directorate  by illegally filling up the administrative position with full time lecturers from

Goa University Superior to the Supreme Court of India,Says Assisstant Registrar Exam(PG).

Goa University Circular

        A Protegee of Professor V.P Kamat, now thinks that Law Students are idiots and dumb like donkeys.A Law student filed an RTI application asking for CERTIFIED copies of his answerbook of the subject Constitution I,First Semester in LLB October 2013 examinations in view of the Honorable Supreme Courts Decision in Central Board of Secondary Edcuation V/s Aditya Bandopdhaya wherein the supreme court had held that Examinees/Students have right to obtain under RTI Act the certified copies of their answerbooks and not just

Complaint Filed before the Goa LokAyukta against Dr.Rajnanda Desai,Director of Health Services.

Complaint filed against Dr.Rajnanda Desai before Lokayukta

On 10th March 2014,A Complaint has been filed before the Goa Lokayukta against the then Director of Health Services Dr. Rajnanda Desai for alleged corruption in appointment of the Post of State Programme Manager under NRHM.

Dr. Rajnanda Desai had made a false File Noting stating that an interview was conducted and four candidates were interviewed where in reality no interview was

Goa University preventing its students from full access to their own answerbook, illegally.

Prof. V.P Kamat,Registrar Goa University

Goa University under the Reign of the Registrar Shri. V.P Kamat and along with other members of academic council have been preventing transparency in the examinations conducted by the University, they are trying very hard to prevent the evaluated answerbooks from getting into hands of the students,why? Of course so that they can manipulate the results as per their will, due to restriction on the disclosure of evaluated answerbooks of the students the possibility of corrupt practices cannot be ruled out. The faults of examiners are never brought on record and there is no need to do so,because the Registrar Shri.V.P Kamat and the members of the academic council have ensured that “nobody will come to know”  about  what they have done in evaluation of the answerbooks, this has been ensured by issuing a circular dated 20/5/2011 bearing GU/EXAMS/55/2011/338.

The Registrar Shri.V.P Kamat  through the said circular forces the students to mention the reason for asking photocopies of answerbooks as for “perusal only”. what he means is that the students should tell him “show me my answerbook for a minute and I will pay you Rs 250”.

Whatever The reasoning  Shri. V.P Kamat may have done for charging a student Rs.250 just to see his answerbook for few minutes will surely prove his competence if made public.

Further shri/V.P Kamat puts another restriction on the students that No verification/No revaluation/No grievances of any kind will be accepted after the photocopies are shown for few minutes.

Now the question which arises is Why is Shri. V.P Kamat  wants the students to see their answerbooks for few minutes  by paying Rs.250/- ???? only to show the world that the Goa University “Discloses answerbooks”?? or to silent the students for once and forever??

Well I doubt if Shri.V.P Kamat have any answer to this questions.

Further to leave no other way for the students to have a full access to their answerbooks  the Registrar of the Goa University Shri.V.P Kamat further declares that Photocopies of answerbooks shall not available under Right to Information Act,by doing this The Registrar has confirmed his competence.

The Registrar Shri.V.P Kamat has no authority under any of the laws to make such a declaration that answerbooks shall not be available under RTI Act.he has acted without authority and have violated the provisions of the Right to Information Act 2005 and thus is guilty of contravening the CCS Conduct rules especially the Rule (3)1.

As per the provision of the RTI Act 2005 the Goa University or here the Honorable Registrar Shri.V.P Kamat is permited to make rules to carry out the provisions of the Right to Information Act 2005 only under Section 27,section 28 and section 29 of the RTI act,that to under a statutory condition that the any rule made have to be made by way of notification in the Official Gazette of the Goa Govt.which have not been done.

A complaint have already been filed with the Vigilance on 18^th January 2013 against the Registrar Shri. V.P Kamat and the members if the Academic Council.

mini NRHM Scam in Goa,By Directorate of Health Services

Dr. Rajananda Desai, Image courtesy: Navprabha

Dr. Rajnanda Dessai the ex-Director of Health Services appointed Dr.Preetam Naik on the Post of State Program Manager Under NRHM Goa.

At para 3 of the note (No.DHS/FW/NRHM/08-09/1005 dated 19/11/08) it is mentioned by Dr.Rajananda Desai that “Four candidates were interviewed for the said post”. In reality no interview was conducted before 19/11/08. Dr.Preetam Naik was  directly appointed on the said post without any interview. No advertisement or circular was issued for filling up the said post.

note (No.DHS/FW/NRHM/08-09/1005 dated 19/11/08) 

In the said note it is also mentioned that “As suitable candidate is not available, it is proposed  to fill this post with a medical officer on deputation”. how can a suitable candidate be available without conducting an interview . it is no surprise that such a note was issued only to favor Dr.Preetam Naik,who is currently posted as State Program Manager under NRHM at Directorate of Health Services.

Circular Inviting application for the post of SPM

The interview for the said post of State Program Manager was conducted after the selection!!!!

Circular for the interview was issued on 03/04/2009.

Minutes of the DSC Meeting

Order of posting of Dr.Preetam Naik

As per the Minutes of the departmental Selection Committee meeting , Dr.Preetam Naik was posted on the post of State Program Manager after the interview,through an order dated 31/08/2009 issued by the Joint Secretary of Health Shri.Dattaram Sardesai.

Well all this is very confusing for common man like us,

And the following members of the Departmental Selection Committee may like to make the people of Goa know the truth.

1.       Secretary health :Shri. Dattaram Sardesai

2.       Director of health sevices :Dr.Rajanada Desai

3.       Dean of Goa Medical College:(as on 17/6/2009)

4.       Head of Department,Department of Preventive & Social Medicine,GMC(as on 17/6/2009)

5.       Dy.Director ,NVBDCP,Directorate of Health Services. (as on 17/6/2009)

Names of the Candidates Interviewed Not Available

    Well now the directorate of Health Services does not recognizes and not even remembers the names of the Candidates they interviewed for the post of State Program Manager

Interview File Missing

May be due to some contagious condition called "Dementia" which causes Memory Loss in the "infected". 

    so how should we expect them to find the file of the interview.

Your leave is rejected because your request for grant of Child Care leave cannot be considered at this stage!!! Which stage?? I said this stage!!:says Directorate of Education,Goa

 

At this stage:By Santosh S.Amonkar,Asstt.Director of Education

The Asstt. Director of Education Porvorim,Shri.Santosh S.Amonkar rejected a request for child care leave of primary school teacher because her request for leave cannot be considered at this stage.

Directorate of Education,Porvorim

A primary school teacher Smt.Vijaya Naik, Government Primary School Curca had applied for Child care leave.the Head Clerk of Central Education Zone,Panaji Smt.Maria Zita D’costa demanded gratifications on behalf of her superior Shri.N.G Honnekeri the then Asstt. Director of Education,Central Education zone,but this teacher ignored the demand.

Subsequently the application reached to the Directorate of Education,porvorim and then to the Asst.Director of Education, Shri.Santosh S. Amonkar. Shri.Santosh S.Amonkar for the reason of the demand being not fulfilled, found it fit to reject the request for leave on absurd and obscure grounds stating that the request for leave cannot be considered at this stage.

This teacher still does not know on which stage her request for leave was rejected.All this has happened during the tenure of Dr.Celsa Pinto the then director of Education.when Dr.Celsa Pinto was the director the teachers in Goa had to pay for sanctioning of leave, for sanctioning mutual transfer orders and lot of other things.This Asstt. Director of education Shri.Santosh S. Amonkar was the dealing hand of the Dr.Celsa Pinto and was carrying this activities on behalf of her.

Although Dr.Celsa Pinto now retired, her legacy has been carried forward by her protégées in the Directorate of Education.

The Directorate of Education still continues to harass teachers who do not have any political support,for sole purpose of financial gratifications.

Also the persons at political authority and power still control the education department as education department is a good source of income to these politicians and corrupt officials of the education department such as Shri. Santosh S.Amonkar.

later another Asstt.Director of Education at Central Educaiont zone Shri. S.K Talkar has adviced the said teacher Smt. Vijaya Naik to meet Shri.Babush Monserat to sanction her leave.

when the public has to approach the persons at political authority so that the government official perform their duties, it becomes evident to the common people that these politicians are the ones who stand behind each and every corrupt government official.