SCOPE OF LIMITATION ACT
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…
Category Judiciary Notes
OBJECT OF LAW OF LIMITATION : LIMITATION ACT
OBJECT OF LAW OF LIMITATION Basically, all laws of limitation are founded on public policy & expediency. – John Voet 1. vigilantibus non dormientibus jura subveniunt – Equity comes to the aid of the vigilant & not those who sleep…
LIMITATION BARS THE REMEDY & NOT THE RIGHT : LIMITATION ACT
LIMITATION BARS THE REMEDY & NOT THE RIGHT In this statement, the word “right” is used to mean a primary & substantive right. In the wider sense of the word, remedy is also a right but a secondary right, a…
INTRODUCTION : LIMITATION ACT
INTRODUCTION : LIMITATION ACT THE SCHEME AND APPLICATION OF ACT The act came into force from 1st January 1964. It consists of 32 sections and one schedule. Part I – Section 1-2: Preliminary Part II – Section 3-11: Limitation o…
Saleem Bhai v. State of Maharashtra AIR 2003 SC 759
Saleem Bhai v. State of Maharashtra AIR 2003 SC 759 Case Summary Appeal before the Supreme Court by way of Special Leave Petition under Article-136 of the Constitution. Leave granted. Facts of the case: The defendants filed an application U/O-7,…
Sangram Singh v. Election Tribunal, Kotah AIR 1955 SC 425
Sangram Singh v. Election Tribunal, Kotah AIR 1955 SC 425 Case Summary Appeal before the Supreme Court by way of a certificate of fitness under Article-133(1)(c) of the Constitution by the High Court of Rajasthan. Facts of the case: One…
Rajni Kumar v. Suresh Kumar Malhotra, 2003 (3) SCALE 434
Rajni Kumar v. Suresh Kumar Malhotra, 2003 (3) SCALE 434 Case Summary Appeal before the Supreme Court by way of Special Leave Petition under Article-136 of the Constitution. Leave granted. The court discusses and contrasts Order 37, Rule 4 from…
Condition restraining alienation : Section 10
Section-10 Condition restraining alienation – Where property is transferred subject to a condition or limitation absolutely restraining the transferee or any person claiming under him from parting with or disposing of his interest in the property, the condition or limitation…
Oral Transfer : Section 9
Section – 9 Oral Transfer – A transfer of property may be made without writing in every case in which a writing is not expressly required by law. Mode of Transfer – There are two modes of transfer of property:…
Operation of transfer : Section 8
Section-8 Operation of transfer.—Unless a different intention is expressed or necessarily implied, a transfer of property passes forthwith to the transferee all the interest which the transferor is then capable of passing in the property and in the legal incidents…