The question involved in these appeals concerns interpretation of Article 535 of the Portuguese Civil Code and the applicability of the provisions of the Indian Limitation Act to the State of Goa. There are observations made by a Bench of two Judges of this Court in the case of Justiniano Augusto De Piedada Barreto v. Antonio Vicente Da Fonseca 1979 SC 165 which have been referred to and explained by a Division Bench of the Bombay High Court in the case of Cadar Constructions v. Tara Tiles 1984 AIR(Bom) 258 : 1984 MahLJ 603 according to which, if the cause of action has arisen under the Indian law then provisions of Article 535 of the Portuguese Civil Code with regard to limitation would not be applicable.
In our opinion, it will be appropriate, considering the importance of the point involved, that these appeals be heard by a larger Bench.
Syndicate Bank v. Prabha D. Naik And Another
Syndicate Bank v. Prabha D. Naik And Another
(Supreme Court Of India)
Civil Appeal No. 4944 Of 1989 With No. 4945 Of 1989 | 02-11-2000
Advocate List
Bench
- HON'BLE JUSTICE B. N. KIRPAL
- HON'BLE JUSTICE BRIJESH KUMAR
Eq Citations
- (2002) 10 SCC 686
- LQ/SC/2000/1569
Head Note
Constitution of India — Arts. 226 and 136 — Transfer of appeals to larger Bench — Question involved in appeals concerns interpretation of Art. 535 of Portuguese Civil Code and applicability of provisions of Limitation Act to State of Goa — Held, considering importance of point involved, it will be appropriate to transfer appeals to larger Bench
