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Started by Castelino at 2:13 p.m. on 25 April 13
Date:- 25th April 2013.
Erroneous views of any law, however widely held and acted
upon and even when endorsed by decisions of the Senior Courts,
including that of the Supreme Court of India, are no answers
to the enforcement of the law when errors are discovered and clearly ascertained. An error when discovered has to be corrected, lest the error destroys the law. Justice is delayed or denied precisely because of these errors. Trial Courts cannot correct these errors because of prevailing wrong decisions of Senior Courts. Do not blame the Trial Courts. Blame yourself for placing your case under erroneous views of laws, and under wrong laws, and in wrong Courts.
All Inventory Proceedings in Goa are filed by all
Advocates under the Portuguese Civil Procedure Code. This
is a deliberate Mistake as to Fact of Law. An Advocate is
ethically barred to make such a mistake. The Code of
Civil Procedure 1908 is in force in Goa with effect from 15th June 1966. From this date all Inventory Proceedings
had to be filed as per law in the Code of Civil Procedure
1908 only. No Advocate can have reason otherwise.
All Portuguese Laws in Goa have been abrogated totally with effect from 15th June 1966 latest. The only exception is the Code of Communidades. Reasons cannot be stated here. It is not proper even to file Divorce Petitions under Portuguese Family Laws. These are not the Family Laws of Christians. The principles of Christian Faith are given in the Gospels of Jesus Christ. Follow these principles for Christian Family Laws. 'Gaunkari' was introduced in Goa by Chanakya, and not the Portuguese. No Goan is of Iberian origin. We are all of Indian origin to remember that the
Portuguese was only an invader. It is healthy to erase the Portuguese legacy for good.
Inventory Proceedings according to the Portuguese Civil Procedure Code are not suits, and they are distinct and separate proceedings from a suit as understood in the Code of Civil Procedure 1908; and there is no Decree passed.
Without a Decree no right is acquired, therefore the said proceedings do not convey any right and are infructuous. To acquire right, proceedings have to be filed strictly under the Code of Civil Procedure 1908. Mistakes committed for the last fifty years do not give any reason for any Advocate
to misguide his client. Litigants must take caution that the error of fifty years deliberately committed by the Advocates is now known to Senior Courts like the High Court
and the Supreme Court, and Litigants will suffer unless these Inventory Proceedings are filed under the Code of Civil Procedure 1908.
Inventory Proceedings filed under the Code of Civil
Procedure 1908 is a Civil Suit. The Plaint has to be supported by an Affidavit Any one heir can file the suit as Plaintiff/Inventariante against the other heirs as Defendants/Inventariados. Unless the Parties are at dispute on the Appointment of the Cabeca de Casal, the suit may be decided under Order XV Rule 1 of the Code of Civil Procedure
1908 to appoint the Cabeca de Casal by Order. The Order to appoint the Cabeca de Casal is a Decree to vest into the
Decree Holder the title as Holder of the Estate of the deceased salvo jure cujuslibet (saving or reserving the right of all others) to include the interest of all the heirs. The Decree is to be executed by Partition according to the shares decided in the Statement of the Cabeca de Casal. The Statement of the Cabeca de Casal is also supported by Affidavit, and has to indicate the description of the estate, the shares of the heirs and other information
with regard to the rights of the deceased estate holders. There is Appeal in case the Order of the Trial Court is not fair. The Cabeca de Casal holding the Decree can even settle the shares of the other heirs out of court by appropriate Deed of Conveyance.
I filed a Writ Petition in the Panjim Bench (Goa) of the Bombay High Court admitted as Writ Petition No. 762/2011, to file Inventory Proceedings by making Application under the Code of Civil Procedure 1908. I was heard by the Hon'ble High Court and was allowed to do so. I followed the Order of the Hon'ble High Court and filed my
Application in two Cases. Readers should request their Advocates to correct their mistakes of the past fifty years and observe the law for quick justice.
By Mr. Basilio Santana Castelino, alias Mr. B. S. Castelino.
Address:- House No. 313/2, St. Matias, Malar, Divar, Tiswadi,Goa - 403403, India. Contact Nos. +91-9921170298 and +91-9405330135.
Started by Jawwad786 at 4:55 p.m. on 21 April 13
A petitioner brought allegations of cruelty by husband for dowry, non-payment of any maintenance since inception of marriage, confinement to one room in matrimonial house etc in her plaint.
The respondent pleaded that she was divorced 2 and ½ years back and that she has wilfully concealed from the court , the occurrence of divorce on her. He produced Qazi’s decree and copy of his summons to the divorcee as documentary evidence.
The petitioner could not produce any oral or documentary evidence in support of her plaint till the court closed her side of evidence and asked the respondent to bring evidence, if any.
The respondent produced a certificate from a marriage bureau that the petitioner is registered with it for her IInd marriage since 03 months after filing the maintenance plaint under the CrPC. Oral witness is to be produced now by the respondent.
1.Why does not the court dismiss the case :
--- for lack of any evidence from the petitioner.
--- for wilfull concealing of her divorce from the
--- willfull concealment of her registration with
Note:--The Petitioner is not leaving the house of Respondent despite 3 & ½ yrs of divorce.
Started by stefano at 6:37 p.m. on 12 April 13
i’m the President of a no profit organization based in Italy supporting street and orphan children in Andhra Pradesh.
We are a group of volunteers who started a house for 30 needy children with the help of some Indian people working with us and who are members of an indian charity organization which is running the activities in India. We support it economically and cooperate with as per the FCRA.
Actually we are paying a rent for the house so we are planning to buy a land in Hyderabad on which we would like to build a new house.
We would like to know if it is possible to assign the property of the land and of the new immovable in the name of the organization in Italy and the organization in India too.
The problem is we are not members of the Indian organization, (the president is Indian and all the members are indians ), so we are afraid we could lose the rights on the property of both the land and the new house.
So what can you suggest us? What are the ways we could manage this situation? What does the indian law says about it?
If you would be so kind to answer this topic it will be a great help for us.
Thanks a lot
Started by crajkishor at 6:14 p.m. on 11 April 13
m.p. prisoners release on probation act
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Started by ramananda03 at 6:28 p.m. on 19 Jan. 13
our contractor enjoys composition scheme under KVAT rules.He is enjoing 4% vat. He also undertakes pure labour contracts where there is NO transfer of goods in property.Our accounts wing deducts 4% VAT from the bills and issues TDS to this effect for this type of contract also. There is no loading of VAT in the work estimate.Only service tax 12.36% is loaded in the estimate. Is it correct to deduct at sourct the VAT@4% from contractor bills for PURE LABOUR contracts(no work contract).Pl inform whether 100% liability to pay service tax lies exclusively with contractor for pure labor contracts
Started by sonerajesh at 8:12 p.m. on 26 Dec. 12
sir i want to know what is 5th scheduled ? i am non st can i purchase st land from st colonizer ? if the land belong to 5th scheduled area, but located in the boundry of municipal corporation, permission from deputy collector to sell any person any cast any category. land fully developped, road, drainage system,street light, water, permission from town and country planning. please guide .