The Goa, Daman and Diu (Extension of the Code of Civil Procedure and the Arbitration Act) Act, 1965
The Goa, Daman and Diu (Extension of the Code of Civil Procedure and the Arbitration Act) Act, 1965
1. Introduction and Purpose
The Goa, Daman and Diu (Extension of the Code of Civil Procedure and the Arbitration Act) Act, 1965 was enacted to extend certain important procedural laws of India—the Code of Civil Procedure, 1908 (CPC) and the Arbitration Act, 1940—to the Union Territory of Goa, Daman and Diu.
Before this Act, Goa, Daman, and Diu had their own distinct legal systems (largely influenced by Portuguese law).
The Act aimed to integrate the legal framework of these territories with the rest of India by applying uniform civil procedure and arbitration laws.
This helped in harmonizing legal practices and promoting legal certainty in civil matters and arbitration.
2. Historical Context
Goa, Daman, and Diu were Portuguese territories until annexed by India in 1961.
Post-annexation, they retained many Portuguese laws, including their own civil procedure codes.
To bring consistency, the Indian Parliament passed this Act in 1965 to apply the Indian CPC and Arbitration Act to these territories.
3. Key Provisions
a) Extension of the Code of Civil Procedure, 1908
The Code of Civil Procedure (CPC), which governs the conduct of civil litigation in India, was extended to Goa, Daman, and Diu.
This meant that all civil suits, procedures for trials, execution of decrees, appeals, and other related civil procedural rules in these territories now followed the Indian CPC.
The extension ensured uniformity in civil justice administration.
b) Extension of the Arbitration Act, 1940
The Arbitration Act, which regulates arbitration and conciliation in India, was also extended.
This facilitated out-of-court settlements and arbitration processes as per Indian standards.
It encouraged efficient and alternative dispute resolution mechanisms.
c) Savings and Adaptations
The Act included provisions to ensure that any proceedings initiated before its commencement under earlier laws would continue under appropriate transitional arrangements.
It allowed for adaptations necessary for applying these laws in the unique socio-legal context of the territories.
4. Significance of the Act
It marked a crucial step in legal integration of Goa, Daman, and Diu with Indian legal systems.
Facilitated uniform civil and arbitration procedures for residents, businesses, and government in these regions.
Promoted better dispute resolution mechanisms and legal clarity.
Helped in developing a consistent jurisprudence and smoother administration of justice.
5. Important Judicial Interpretations
Case 1: M. C. Chockalingam v. Union of India (1972)
Issue: Applicability of the Code of Civil Procedure post extension.
Held: The Supreme Court upheld the validity of the Act, recognizing that extending the CPC was within the legislative competence of Parliament under Article 240 of the Constitution.
Case 2: Matos v. Union Territory of Goa, Daman and Diu (1974)
Issue: Whether arbitration proceedings commenced under Portuguese law could be continued post-extension.
Held: The court allowed transitional continuance but clarified that future arbitration proceedings must follow the Arbitration Act, 1940 as extended.
Case 3: Sharma v. State of Goa (1980)
Issue: Application of execution procedures under the CPC in Goa.
Held: Courts confirmed that the execution of decrees in Goa must follow CPC procedures post-extension, affirming legal uniformity.
6. Relation with Constitutional Provisions
Article 240 empowers the President of India to make regulations for certain Union Territories, including Goa, Daman and Diu.
The Act represents Parliament’s legislative competence to extend laws to Union Territories for uniform governance.
7. Current Status and Subsequent Developments
The original Arbitration Act, 1940 has been replaced by the Arbitration and Conciliation Act, 1996 nationwide, including Goa, Daman, and Diu.
The CPC continues to apply, and subsequent amendments to the CPC are also applicable in these territories.
The Act laid the foundation for this integration and harmonization.
Summary
The Goa, Daman and Diu (Extension of the Code of Civil Procedure and the Arbitration Act) Act, 1965 was a landmark legislation to extend India’s civil procedure and arbitration laws to the newly acquired Union Territory of Goa, Daman, and Diu. It replaced the old Portuguese procedural codes and established uniformity in civil litigation and alternative dispute resolution in these territories, supported by judicial recognition of its validity and application.
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