Limitation Act

Acquisition of Ownership by Possession (Section 25-27) Mains Questions Limitation Act

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Acquisition of Ownership by Possession (S. 25-27) Mains Questions Limitation Act Q.1. Discuss the provisions of the Indian Limitation Act, 1908 regarding the acquisition of ownership by possession. [HJS 1986) Q.2. Mr. X claims a right of light and air through two windows of his house which open towards Mr. Y’s land. Mr. Y does …

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Effect of Substituting or Adding new Plaintiff or Defendant (Section 21) – Mains Questions – Limitation Act

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Effect of Substituting or Adding new Plaintiff or Defendant (Section 21) Mains Questions – Limitation Act Q.1. What is the effect of addition of a plaintiff or defendant in a pending suit upon the limitation for filing such suit? [HJS 2000] Q. 2. On the basis of a promissory note for Rs. 10,000/- executed by …

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Acknowledgment (Section 18 & 19) – Mains Question – Limitation Act

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Acknowledgment (Section 18 & 19) Mains Question – Limitation Act Q. 1. Under the Limitation Act:(A) Which section of the Limitation Act lays down the doctrine of the “effect of acknowledgment”? What are the broad principles & requirements for invoking this doctrine?(B) If a loanee makes part payment of the interest on the principle amount …

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Exclusion of Time of Proceeding bona fide in Court without Jurisdiction (Section 14) – Mains Questions – Limitation Act

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Exclusion of Time of Proceeding bona fide in Court without Jurisdiction (Section 14) Mains Questions – Limitation Act Q.1. Ramesh sold his land measuring 200 square yards for Rs. 2,00,000/- and handed over the possession of the same to Sarjesh in the year 1990. In the year 1991, Sarjesh sold his land to ABC Co. …

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Computation of Period of Limitation (Sections. 12-24) – Mains Questions – Limitation Act

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Computation of Period of Limitation (Sections. 12-24) Mains Questions – Limitation Act Q. 1. Under the Limitation Act:Under which section is it provided that time spent in obtaining the certified copy of the judgment appealed from shall be excluded in computing period of limitation? [JS 2001] Q. 2. What are the circumstances under which certain …

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Legal Disability – Section 6 & Section 7 – Mains Questions – Limitation Act

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Legal Disability (Sections. 6-7) Mains Questions – Limitation Act Q. 1. The limitation period for instituting a suit by P expired when P was still a minor. Can P file the suit when he becomes major, if so, whether immediately after he becomes major or within the prescribed period of limitati6n after he becomes major. …

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Condonation of Delay – Section 5 – Mains Questions – Limitation Act

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Condonation of Delay (Section 5) Mains Questions – Limitation Act Q. 1. Under the Limitation Act:(A) What is the scope of section 5 and does it apply to Suits? [JJS 2001) Q. 2. Advice ‘A’ in the following cases:(i) ‘A’ fails to file the appeal within the period of limitation due to illness. [JJS 2014] …

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Section 27. Extinguishment of right to property- Limitation Act

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Section 27. Extinguishment of right to property– At the determination of the period hereby limited to any person for instituting a suit for possession of any property, his right to such property shall be extinguished. Exitnguishment of Right to Propety – Sec. 27 lays down that the determination of the period hereby limited to any …

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Section 26. Exclusion in favour of reversioner of servient tenement – Limitation Act

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Section 26. Exclusion in favour of reversioner of servient tenement Where any land or water upon, over or from, which any easement has been enjoyed or derived has been held under or by virtue of any interest for life or in terms of years exceeding three years from the granting thereof the time of the …

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Section 25. Acquisition of easement by prescription : Limitation Act

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Section 25. Acquisition of easement by prescription (1) Where the access and use of light or air to and for any building have been peaceably enjoyed therewith as an easement, and as of right, without interruption, and for twenty years, and where any way or watercourse or the use of any water or any other …

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Section 22. Continuing breaches and torts – Limitation Act

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Section 22. Continuing breaches and torts – In the case of a continuing breach of contract or in the case of a continuing tort, a fresh period of limitation begins to run at every moment of the time during which the breach or the tort, as the case may be, continues. The object of this …

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Section 21 Effect of substituting or adding new plaintiff or defendant – Limitation Act

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Section 21 Effect of substituting or adding new plaintiff or defendant (1) Where after the institution of a suit, a new plaintiff or, defendant is substituted or added, the suit shall, as regards him, be deemed to have been instituted when he was so made a party: Provided that where the court is satisfied that …

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Section 20 – Effect of acknowledgement or payment by another person- Limitation Act

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Section 20 – Effect of acknowledgement or payment by another person– (1) The expression “agent duly authorised in this behalf” in sections 18 and 19 shall, in the case of a person under disability, include his lawful guardian, committee or manager or an agent duly authorised by such guardian, committee or manager to sign the …

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Section 19. Effect of payment on account of debt or of interest on legacy – Limitation Act

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Section 19. Effect of payment on account of debt or of interest on legacy Where payment on account of a debt or of interest on a legacy is made before the expiration of the prescribed period by the person liable to pay the debt or legacy or by his agent duly authorised in this behalf, …

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Section 18. Effect of acknowledgement in writing- Limitation Act

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Section 18. Effect of acknowledgement in writing– (1) Where, before the expiration of the prescribed period for a suit or application in respect of any property or right, an acknowledgement of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is …

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Section 16. Effect of death on or before the accrual of the right to sue : Limitation Act

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Section 16. Effect of death on or before the accrual of the right to sue – (1) Where a person who would, if he were living, have a right to institute a suit or make an application dies before the right accrues, or where a right to institute a suit or make an application accrues …

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Section 15 Exclusion of time in certain other cases : Limitation Act

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Section 15 Exclusion of time in certain other cases (1) In computing the period of limitation of any suit or application for the execution of a decree, the institution or execution of which has been stayed by injunction or order, the time of the continuance of the injunction or order, the day on which it …

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Section 14 Exclusion of time of proceeding bona fide in court without jurisdiction : Limitation Act

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Section 14. Exclusion of time of proceeding bona fide in court without jurisdiction (1) In computing the period of limitation for any suit the time during which the plaintiff has been prosecuting with due diligence another civil proceeding, whether in a court of first instance or of appeal or revision, against the defendant shall be …

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Section 12 Exclusion of time in legal proceedings : Limitation Act

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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. The rules as to computation of period of limitation laid down in the Act are …

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Section 8 Special Exceptions : Limitation Act

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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 or death of person affected thereby, the period of limitation for any suit or application. …

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Section 7 Disability of one of several persons : Limitation Act

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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 such disability, and a discharge can be given without the concurrence of such person, time …

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