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This Provision of Contract of Sale was held to be Not-Repealed and still In-force in the state of Goa by the Single Judge of the Goa High Court Hon'ble Justice F.M Reis in two Judgements namely Second Appeal No.3 of 2006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?

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."

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