sujsjejsjsj

1. Portugal v India
PRESENTED BY:
S.DEVAKI
20211BAL0038
06BAL01

3. CONTENT:
 OVER VIEW OF THE CASE
 CONTENTIONS OF PORTUGAL AND INDIA
 JUDGEMENT
• CONCLUSION

4. OVERVIEW OF
THE CASE
FACTS OF THE CASE
• Portugal’s claim: Right to passage from daman to enclaves.
• India’s contention: Treaty of 1779 not conclusive.
CONTENTION BY BOTH PARTIES
• Portugal’s Argument: Transfer of immunity and sovereignty.
• India’s Argument: Nature and extent of treaties and decrees.

5. CONTENTIONS OF PORTUGAL AND INDIA
PORTUGAL’S CLAIM :
• Merits od treaty: Long prevailing practices.
• Change in position: Pre and post British times.
• Customary law: Practice established as law.
INDIA’S CONTENTION:
• Treaty of 1779: Not conclusive, practice started later.
• Unreasonable restrictions: Justification of restrictions.

6. JUDGEMENT
COURT’S DECISION
 Mutual use of territory: Without significant restrictions.
 Reasonable measures: Restrictions during specific period.

7. CONCLUSION
 Portugal’s right to passage exists, justified restrictions by
India.