law."
As clarified by the Explanation, "local law" in relation to
the, Union Territory of Goa, Daman and Diu means the
Portuguese ... difference. As
noticed already, the Portuguese law was not a law imposing
tax on net income. That law levied tax on gross-receipts
law of limitation as in
force in the territory of Goa cannot but be treated as a local law under
the Portuguese Civil Code since ... Portuguese Civil law cannot be termed to be a local law or a special
law applicable to the State of Goa, Daman & Diu prescribing
Daman and Diu during the Portuguese
rule, were government by the "Portuguese Colonial Mining
Laws". Under those laws a person could, make ... mining lease from the Portuguese
Government, which in turn will depend upon the provisions of
the Portuguese mining laws. The question as to whether
that the communion of husband and wife marred under the Portuguese law was an association of persons because as otherwise there was no question ... clauses of the Portuguese Civil Code which governs the rights of the parties to a marriage performed under the Portuguese law and on perusal
general law and the special
law then the special law shall prevail. This principle will apply
with greater force to special law which is also ... special law is a law relating to a particular subject while
a local law is a law confined to a particular area or territory
given effect to. Therefore, what was a concession under the Portuguese Law is necessarily synonymous to the world lease and this according to the respondents ... keeping with the terminology used during the Portuguese regime) granted under the relevant Portuguese law on the subject are to be deemed as mining leases
empowered to promulgate decrees and laws for Portugal and overseas territories. One of the Laws so promulgated was the Portuguese Colonial Mining Laws (hereinafter referred ... Portuguese Mining Laws and the provision in Article 49 of the said Mining Laws. Thus, under the Portuguese Mining Laws the person to whom
under the Portuguese Family Law which envisages a Court constituted tinder Portuguese Law. That the Family Court has failed to appreciate that ... Whether the Portuguese Family Law or the Hindu Law would be applicable to the parties herein?
c) If Portuguese Family Law is applicable, which
local law was the period prescribed by law, (2) for determining any period of limitation prescribed by such special or local law for a suit ... pressed into service.
19. The general law is that the law of limitation is a procedural law and the provisions existing on the date
succession/inheritance. It is further
averred that as per the Portuguese law, even the marriages
are conducted under a system which is called communion ... contended that the objection of Portuguese origin and being
governed by Portuguese law is not sustainable as had the
executants wished to be governed
