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march 2001

Supreme Court of India · 2001-03-26

SYNDICATE BANK vs MR. PRABHA D. NAIK

Citation / case number
SC 1989/69354
Court
Supreme Court of India
Petitioner
SYNDICATE BANK
Respondent
MR. PRABHA D. NAIK
Bench
B.N. KIRPAL & U.C. BANERJEE & BRIJESH KUMAR

Judgment text excerpt

The Supreme Court addressed the applicability of the Indian Limitation Act, 1963, particularly Section 29(2), in relation to the Portuguese Civil Code governing limitation in Goa, Daman & Diu. The Court reaffirmed its earlier ruling in Justiniano Augusto De Piedade Barreto v. Antonio Vicente Da Fonseca, AIR 1979 SC 984, establishing that the Portuguese Civil Code provisions on limitation are local laws under Section 29(2) and must be integrated with the Limitation Act. The Court upheld the High Court's decision that the cause of action arose outside the Portuguese law, thus the Indian Limitation Act applied, leading to the rejection of the plaint as barred by limitation.

SYNDICATE BANK vs MR. PRABHA D. NAIK · Niyam