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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
The article's provisions are linked with other articles concerning property disposal, income apportionment, and debt incidence, reflecting a comprehensive approach to property rights within marriage ["Dr. Jose Julio D’Costa VS Income-tax Officer - Income Tax Appellate Tribunal"].
Application and interpretation in judgments:
Some judgments clarify that despite the application of Portuguese law, certain provisions (e.g., Articles 535, 2309) are interpreted in light of local statutes like the Limitation Act or Indian Civil Procedure Code, but the core principles of Portuguese law remain influential ["Cadar Constructions VS Tara Tiles - Bombay"] ["Syndicate Bank VS Prabha D. Naik - Supreme Court"].
Specific legal points:
Analysis and Conclusion:Article 1109 of the Portuguese Civil Code delineates that income from property, even if excluded from the community regime, remains community property, with a clear emphasis on equal sharing between spouses. The jurisprudence consistently interprets this article as part of a broader legal framework governing property rights, liabilities, succession, and marriage within jurisdictions influenced by Portuguese law, notably Goa. The articles cited in judgments reinforce the ongoing relevance of Portuguese Civil Code provisions, particularly concerning property ownership, liability, and inheritance, while also integrating local statutes like the Indian Limitation Act. Overall, Article 1109 serves as a cornerstone in understanding property and income rights under Portuguese civil law, with its principles upheld and applied in Indian courts dealing with Goa's legal context ["Dr. Jose Julio D’Costa VS Income-tax Officer - Income Tax Appellate Tribunal"].
In the unique legal landscape of Goa, Daman, and Diu, the legacy of Portuguese colonial rule continues to influence civil matters, particularly through the Portuguese Civil Code. One provision that often arises in discussions about judgments is Article 1109. If you've ever wondered about Article 1109 of Portuguese Civil Code judgements, this post dives deep into its implications, especially regarding the binding nature, recognition, and enforceability of judgments—both before and after Goa's integration into India in 1961.
This is not legal advice but general information based on judicial interpretations. Consult a qualified lawyer for specific cases.
Article 1109 primarily addresses the legal effects of judgments, focusing on their binding force, finality, and mechanisms for execution under Portuguese civil law. While the exact text isn't always quoted in judgments, context from key cases reveals it governs how judgments operate within the system, ensuring they are recognized and enforceable once final.
In civil law traditions like Portugal's, judgments achieve res judicata status, meaning they are conclusive between parties and can be enforced accordingly. This provision was pivotal in territories like Goa, where Portuguese law applied until Indian laws were extended post-liberation. Ulhas Shankar Barde VS Harischandra Shankar Barde - 2012 0 Supreme(Bom) 1224
Key principles include:- Binding nature: Judgments bind parties and successors in interest.- Enforceability: Mechanisms for execution across jurisdictions under Portuguese rules.- Finality: Once appealed or time-barred, they become unchallengeable.
Goa's legal shift after annexation marked a fascinating evolution. The Portuguese Civil Code didn't vanish overnight; it was incorporated into Indian law via ordinances and acts, transforming it into Indian law for local application.
As noted in one ruling, the Portuguese Civil Code became applicable to domiciles of Goa only by virtue of Ordinance and thereafter, by the Act, and that it became an Indian law after enforcement by Indian Parliament. JOSE PAULO COUTINHO VS MARIA LUIZA VALENTINA PEREIRA - 2019 0 Supreme(SC) 1014 This integration meant judgments under Article 1109 retained validity but adapted to Indian procedural frameworks.
Another document emphasizes: final judgment or orders delivered or passed by Civil Courts in any part of the territory of India shall be capable of execution anywhere within that territory according to law. Narhari Shivram Shet Narvekar VS Pannalal Umediram - 1976 0 Supreme(SC) 11 Article 261(3) of the Indian Constitution reinforces this nationwide enforceability. Narhari Shivram Shet Narvekar VS Pannalal Umediram - 1976 0 Supreme(SC) 11
Post-1961, acts like the Goa, Daman and Diu (Administration) Act, 1962, and extensions of the Limitation Act and Code of Civil Procedure (CPC) governed older judgments. Cases such as Namassivayane VS District Collector-Cum-Appellate Authority Under the Maintenance and Welfare of Parents & Senior Citizens Act, 2007, Government of Puducherry, Puducherry - 2022 0 Supreme(Mad) 3561, Padmanabha Reddiar (Died) VS Padmini Ammal(Died) - 2024 0 Supreme(Mad) 519, and Padmanabha Reddiar (Died) VS Padmini Ammal(Died) - 2024 0 Supreme(Mad) 1056 affirm that Portuguese-era judgments are now subject to Indian rules. Namassivayane VS District Collector-Cum-Appellate Authority Under the Maintenance and Welfare of Parents & Senior Citizens Act, 2007, Government of Puducherry, Puducherry - 2022 0 Supreme(Mad) 3561Padmanabha Reddiar (Died) VS Padmini Ammal(Died) - 2024 0 Supreme(Mad) 519Padmanabha Reddiar (Died) VS Padmini Ammal(Died) - 2024 0 Supreme(Mad) 1056
Judgments rendered under Portuguese law, including those invoking Article 1109, generally retained force in Goa but required recognition under Indian law. The code's incorporation eliminated private international law hurdles: the Portuguese Civil Code is an Indian law and no principles of private international law are applicable. JOSE PAULO COUTINHO VS MARIA LUIZA VALENTINA PEREIRA - 2019 0 Supreme(SC) 1014
In property, succession, and civil disputes, these judgments are enforceable as domestic ones. For instance: The Portuguese Civil Code, once incorporated into Indian law, became a part of Indian laws and in sum and substance, is an Indian law. Jolly George Varghese VS Bank Of Cochin - 1980 0 Supreme(SC) 54 This applies to matters like estate partitioning and execution proceedings.
Related cases illustrate broader Portuguese Code applications in Goa:- In succession disputes, Article 1565 protects co-owners' rights, deeming sales without consent null and void, even post-Transfer of Property Act extension. Special succession laws prevail over general ones. Shri Norberto Paulo Sebastiao Fernandes vs Shri Gabriel Sebastiao Idalino Fernandes- Pre-emption rights under Articles 1566 and 2309 were scrutinized, but not applicable where parties weren't co-owners. Martin Araujo VS Lizia Mathildes Santa Damasa Noronha e Barneto - 2012 Supreme(Bom) 2176- Easement claims under Article 2309 interacted with the Indian Easements Act, 1882, with Portuguese prescription rules applying pre-1978. Efigenio Dias VS Malaquias D'Costa - 2010 Supreme(Bom) 1160
These examples show Article 1109's principles extend to execution in ongoing disputes, blending old and new laws.
Courts have consistently upheld the finality of Portuguese judgments under Indian oversight:
Under Indian law, Goa judgments are executable nationwide, aligning with Article 1109's enforceability ethos. Narhari Shivram Shet Narvekar VS Pannalal Umediram - 1976 0 Supreme(SC) 11
In inventory proceedings, Portuguese rules like Articles 2011 and 2016 determine heir shares equally, overriding nominations in some banking cases. Nominees don't supplant legal heirs. Vishwanath Yadav VS Kashinath Yadav - 2017 Supreme(Bom) 658
Wills' validity, per Articles 1766 and 2177, falls under Inventory Court jurisdiction, requiring fresh examination of objections. Nirmala Vassant Dessai VS Tulsi Sadananda Dessai - 2014 Supreme(Bom) 2128
Property descriptions in partitions must follow Article 2087, listing boundaries and improvements accurately. Presumptions under Article 1370 require proof. Reginald Baptist Lobo VS Robert D'souza - 2014 Supreme(Bom) 203
Articles 2365, 2373, and 2392 link civil liabilities to criminal proceedings, indirectly supporting judgment execution. DR. M. N. PAL EX DEAN GOA MEDICAL COLLEGE vs DR. MRS. VEENA VELINGKAR AND 4 ORSDR. M. N. PAL EX DEAN GOA MEDICAL COLLEGE vs DR. VIJAY RAM TALAULICAR AND 4 ORS
For those dealing with legacy properties or disputes:- Check finality: Ensure judgments are beyond appeal under Portuguese timelines, now Indian Limitation Act.- Execution process: File in competent Indian courts; no separate recognition needed post-integration.- Conflicts: Indian procedural laws supersede, but substantive Portuguese rules persist in personal laws like succession.
In pre-emption or easement cases, claims must align precisely—e.g., Article 2309 for land-locked access, not general co-ownership. Martin Araujo VS Lizia Mathildes Santa Damasa Noronha e Barneto - 2012 Supreme(Bom) 2176Efigenio Dias VS Malaquias D'Costa - 2010 Supreme(Bom) 1160
Article 1109 underscores the enduring strength of judgments under the Portuguese Civil Code, seamlessly transitioning into India's fold in Goa. While exact enforcement details depend on facts, courts recognize these as binding Indian judgments, promoting legal continuity. JOSE PAULO COUTINHO VS MARIA LUIZA VALENTINA PEREIRA - 2019 0 Supreme(SC) 1014
Key Takeaways:- Judgments under Article 1109 are final, binding, and executable nationwide post-integration. Narhari Shivram Shet Narvekar VS Pannalal Umediram - 1976 0 Supreme(SC) 11- Portuguese Code is now Indian law, bypassing international hurdles. JOSE PAULO COUTINHO VS MARIA LUIZA VALENTINA PEREIRA - 2019 0 Supreme(SC) 1014- Related provisions (e.g., succession, easements) complement enforceability in modern disputes.- Always verify with current laws, as extensions like CPC apply procedurally.
For tailored advice, reach out to a Goa-based legal expert familiar with this hybrid system.
Portuguese Civil Code article 1118, dealing with the disposal of the immovable property as well as articles 1120, 1123, 1220, 1463 and 1471). ... Apportionment of income between spouses governed by Portuguese Civil Code. ... The unique para (proviso) to Article 1109 lays down that even the income of property excluded from the communion is communion property. ... There is a consistent reference to the half-share of each of the consor....
A reference is made to Article 1108 and Article 1121 of the Portuguese Civil Code , 1867. ... Reliance is placed on Article 3 and Article 17 of the Portuguese Civil Code , 1867. The Portuguese Civil Code , 1867 continues to apply to the respondent no. 1 even after he had applied for Portuguese Citizenship. ... On the other hand, it is the con....
Mr Ramani submitted that the Hindu Code is not in conflict with the Portuguese Code and the only exception to the general law being the Civil Code. The Hindu Code nowhere deals with the aspect of marriage whereas marriage is only as per the Civil Code. ... He would then submit that such agreement clearly goes to show that the family was governed by the Portuguese Civil Code and not by the #HL_STAR....
Learned Senior Counsel has also taken me through the provisions of Article 2373 of the Portuguese Civil Code and pointed out that the civil liability connected to criminal liability under Article 2392 of the Portuguese Civil Code shall be demanded in the criminal proceedings. ... Article 2373 of the Portuguese Civil Code clearly gives a right to a party to file ....
Learned Senior Counsel has also taken me through the provisions of Article 2373 of the Portuguese Civil Code and pointed out that the civil liability connected to criminal liability under Article 2392 of the Portuguese Civil Code shall be demanded in the criminal proceedings. ... Article 2365 of the Portuguese Civil Code, reads thus : “The criminal responsibilit....
Learned Senior Counsel has also taken me through the provisions of Article 2373 of the Portuguese Civil Code and pointed out that the civil liability connected to criminal liability under Article 2392 of the Portuguese Civil Code shall be demanded in the criminal proceedings. ... Article 2365 of the Portuguese Civil Code, reads thus : “The criminal responsibilit....
Portuguese Civil Code were still in force. ... The learned Senior Counsel has taken me through the provisions of Article 1784 of the Portuguese Civil Code and pointed out that the object of the provisions of Article 1565 of the Portuguese Civil Code is essentially to ensure that the legitime which ... Joao Luis Laurente dos Milagres Miranda and others ( supra ) has after careful consideration of #....
The provisions of Portuguese Civil Code are in Portuguese language. ... As regards the grant of the counterclaim made under Article 15 in Chapter II 'of contested divorce' of Portuguese Civil Code, he submitted that if the Court has power to entertain the counterclaim under the said Article of Portuguese Civil Code then the Court would not be powerless to grant relief of ... Addi....
Article 26 of the Code nugatory. ... Article 26 of the Portuguese Civil Code stipulates the manner in power to entertain the counterclaim under the said Article of Portuguese Civil Code then ... Article 15 of the Portuguese Civil Code, as rightly Code.
2309 of the Portuguese Civil Code. ... The learned counsel further pointed out that in any event, no right of preemption under Article 2309 of the Portuguese Civil Code 1566 of the Portuguese Civil Code cannot be accepted. ... 2309 of the Portuguese Civil Code are also left open. ... 1566 of the Portuguese Civil #HL_STA....
Applying the law laid down by the Apex Court in the above referred matter and considering the provisions of the law of succession in force in the State as also the provisions contained in Section 45ZA of the said Act, it is clear that whenever a depositor appoints his nominee and the depositor dies before the maturity of the fixed deposit for release, the nominee so appointed would certainly be entitled to collect the amount payable on such fixed deposit amount on its maturity for release. Now as far as the State of Goa is concerned, the law of succession which is in force in the State provi....
Though the matter was being argued by the learned counsel appearing for the appellants in the context of Article 2177 of the Portuguese Civil Code nevertheless, I find that the validity of such Will would also have to be examined in terms of Article 1766 of the Portuguese Civil Code. 8. It is not in dispute that the Will which was produced by the Cabeca de Casal came to be executed by the surviving spouse. Article 1766 of the Portuguese Civil Code reads thus : Article 1766. -(Prohibition for disposition of the properties of the spouses)
(f) Article 2087 of the Portuguese Civil Code lays down as under: “ARTICLE 2087 (Questions which cannot be decided by inspection of certain documents.) The immoveable properties shall be described with reference to their boundaries, names, appurtenances and easements, and, whenever they devolve in preferential manner, the improvements which were introduced therein which were separable shall be listed.” The disputes which may arise in respect of qualification of the heirs indicated by the administrator, or those who applied to be joined as parties to the inventory, in respec....
3 of P. T. Sheet 2 was concerned, the plaintiffs (respondents) could yet succeed in their claim for pre-emption? 2) Whether the provisions of Article 2309 have not been repealed by the extension of the Indian Easements Act to the State of Goa? 3) Whether the Court has not misconstrued the provisions of Article 1566 of the Portuguese Civil Code and/or misapplied the same? He further argued that even otherwise the said article 2309 of the Portuguese Civil Code has been repealed. He therefore urged that praying for a direction to defendant no.1 to sell the pr....
3) Whether the provisions of Article 2309 of the Portuguese Civil Code stand repealed by virtue of the enforcement of the Indian Easements Act,1882 and whether a claim under Section 15 of the Indian Easements Act, 1882 would be admissible in view of the provisions of Article 2309 of the Portuguese Civil Code? 2) Whether right of prescription being an inchoate right and which can be claimed only in the manner provided by the statute, can be claimed until the entire full period provided under the statute has expired?
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