Downloaded 19 times
More Related Content
Limitation act,1963
- 1.
- 2. LAW SUBSTANTIVE LAW PROCEDURAL LAW Contract Act-1872 Partnership Act-1932 PenalCode-1860 T.P. Act- 1882 Cr.P.C.-1973 C.P.C.- 1908 Evi. Act – Limitation Act, 1963
- 3. i. Repose (torest) ii. Peace iii. Justice (Nav Rattanmal v/s Rajasthan air 1961 sc 1704)
- 4. Interest reipublicaeut sit finis litium The interest of the State requires that there should be an end to litigation. Vigilantibus non dormientibus jura subveniunt The law assists the vigilant and not one who sleeps over his rights.
- 5. According to Halsbury’sLaws of England.. 1. Long dormant claims have more of cruelty than justice in them 2. A defendant might have lost evidence to disprove a stale claim 3. A person with good cause of action should pursue it with reasonable diligence.
- 6.
- 7. “every suit instituted,appeal preferred and application made after the prescribed period shall be dismissed.” Sushila Devi v/s Ramnandan Prasad AIR 1976 SC 177 Limitaion act applies to proceedings which can be initiated in a court of law. Tribunals, quasi-judicial bodies and judicating authorities other than courts, are not within the contemplation of the Act.
- 9. The courtcan condone delay in filing appeal or application if the appellant or applicant satisfies the court that he had sufficient cause for not preferring an appeal or making an application within such period. (Section 5)
- 10. Collector v/s KatijiAIR 1987 SC 1353 1. On merits only. 2. Slight injustice. 3. No delay is occasioned deliberately. 4. “judiciary is respected because it is capable of removing injustice and is expected to do so.”
- 11. Bona fidemistake of counsel. Wrong advice by advocate. Mistake of law. Wrong practice of high court. Imprisonment or illness of the party. Time for certified copies…
- 12.
- 13.
- 14. Exceptions to Section3. a person entitled to, at the time from which the prescribed period is to be reckoned, after the disability has ceases, the disability continues up-to the death of that person Where a person under disability dies after the disability ceases but within the period allowed to him under this section.. (Section 6)
- 15.
- 16. Death (sec.16) Fraud or mistake (Sec. 17) Written acknowledgment (sec. 18)
- 17. 16. Effectof death on or before the accrual of the right to sue or to apply – (1) Where a person who have a right to institute a suit (2) Where a person against whom a right to institute a suit (3) Nothing in sub-section (1) or sub-section (2) applies to suits to enforce rights of pre-emption or to suit for the possession of immovable property.
- 18. based uponthe fraud of the defendant or respondent or his agent; The knowledge of the right or title on which a suit or application is founded is concealed by the fraud of any such person as aforesaid; The suit or application is for relief from the consequences of a mistake; or
- 19. any documentnecessary to establish the right of the plaintiff or applicant has been fraudulently concealed from him; The period of limitation shall not begin to run until the plaintiff or applicant has discovered the fraud or the mistake.
- 20. Where ajudgment-debtor has, by fraud or force, prevented the execution of a decree or order,