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march 1979

Supreme Court of India · 1979-03-06

JUSTINIANO AUGUSTO DE PIEDADA BARRETO vs ANTONIO VICENTE DE FONSECA AND ORS.

Citation / case number
SC 1969/60355
Court
Supreme Court of India
Petitioner
JUSTINIANO AUGUSTO DE PIEDADA BARRETO
Respondent
ANTONIO VICENTE DE FONSECA AND ORS.
Author
O. CHINNAPPA REDDY
Bench
O. CHINNAPPA REDDY

Judgment text excerpt

The Supreme Court held that the provisions of the Portuguese Civil Code relating to limitation are 'local law' under Section 29(2) of the Limitation Act, 1963, and thus not repealed by necessary implication. The Court clarified that the Limitation Act, 1963 does not extend to Goa, Daman and Diu unless expressly stated, and since no such regulation was made, the Portuguese provisions remain in force. The appeals by the defendants were dismissed, affirming the applicability of the Portuguese Civil Code in the Union Territory.

JUSTINIANO AUGUSTO DE PIEDADA BARRETO vs ANTONIO VICENTE DE FONSECA AND ORS. · Niyam