1979 (3) TMI 208 - SC - Indian Laws

Summary

Issues Involved:
1. Whether the provisions of the Portuguese Civil Code relating to Limitation stand repealed by the Limitation Act, 1963, by necessary implication.
2. Whether the provisions of the Portuguese Civil Code are saved by Section 29(2) of the Limitation Act, 1963.

Summary:

Issue 1: Repeal by Necessary Implication
The erstwhile Portuguese Colonial Possessions of Goa, Daman, and Diu became part of India on 20th December 1961. The Goa, Daman and Diu (Administration) Act, 1962, declared that all laws in force before this date would continue until amended or repealed. The Portuguese Civil Code, which included provisions on Limitation, was never expressly repealed by any legislative enactment or order by the Central Government. The Limitation Act, 1963, enacted by Parliament, extended to the whole of India except Jammu and Kashmir, and repealed the Indian Limitation Act, 1908. The question arose whether the Portuguese Civil Code's Limitation provisions were repealed by the Limitation Act, 1963, by necessary implication.

Issue 2: Savings by Section 29(2)
Section 29(2) of the Limitation Act, 1963, saves 'special and local laws' by stating that where any special or local law prescribes a period of limitation different from the Schedule, the provisions of Section 3 shall apply as if such period were prescribed by the Schedule. The appellants argued that the Portuguese Civil Code, being a general law, was repugnant to the Limitation Act and thus void under Article 254(1) of the Constitution. However, the respondents contended that the Portuguese Civil Code was a local law applicable only to Goa, Daman, and Diu, and thus saved by Section 29(2).

Judgment:
The Court concluded that the Portuguese Civil Code is a local law within the meaning of Section 29(2) of the Limitation Act, 1963. The provisions of the Portuguese Civil Code relating to Limitation are to be read into the Limitation Act, 1963, as if the Schedule to the Limitation Act is amended mutatis mutandis. Therefore, no question of repugnancy arises. The provisions of the Portuguese Civil Code relating to Limitation continue to be in force in the Union Territory of Goa, Daman, and Diu. Both appeals were dismissed with costs.