COMPUTATION OF PERIOD OF LIMITATION Sections 12 to 18 of the Limitation Act deals with the computation of periods of limitation. What days or periods have to be excluded from calculation of period of limitation is provided in these sections.…
Section 8 Special Exceptions Section 8 Special Exceptions: Nothing in Section 6 or in Section 7 applies to suits to enforce rights of pre-emption, or shall be deemed to extend for more than three years from the cessation of disability…
Section 7. Disability of one of several persons Section 7. Disability of one of several persons Where one of several persons jointly entitled to institute a suit or make an application for the execution of a decree is under any…
Section 6. Legal disability Section 6. Legal disability (1) Where a person entitled to institute a suit or make an application for the execution of a decree, is at the time from which the prescribed period is to be reckoned,…
Section 5. Extension of prescribed period in certain cases: Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908, may be, admitted after the prescribed period,…
Section 3. Bar of limitation (1) Subject to the provisions contained in sections 4 to 24 (inclusive), every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed although limitation has not been set up as…
CONTRACTS CURTAILING THE PERIOD OF LIMITATION H.P. State Forest Co. v. M/s United India Insurance Co., the Limitation Act provided three years period but parties provided in an agreement, a period of 12 months. The Supreme Court said that argument…
LIMITATION & ESTOPPEL Limitation & Estoppel are entirely different things. Though the operation of each is to prevent a party from asserting his right at law. In the case of limitation by shutting out a suit & in the case…
LIMITATION AND LACHES Laches means slackness or negligence in asserting one’s right. The doctrine of laches is based on the principle ‘delay defeats equity’. Delay in seeking equitable remedy is technically known as laches. Doctrine of limitation is based on…
SCOPE OF LIMITATION ACT 1. Exhaustive Code 2. Bars the remedy but does not extinguish the right. 3. Does not apply to defence, exception S. 25, 27 – cannot be taken even in defence Limitation Act, 1963 is applicable to…