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…
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 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 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…
K. RAMASWAMY, J. – Though the respondent was served on July 29, 1991, he neither appeared in person, nor through counsel. The facts set out in the complaint eloquently manifest on its face a clear abuse of the process of…
Q.1 Which section says that even though limitation is not set up as defence, a time barred suit shall be dismissed? [JJS 2001] Q.2 . “Limitation act...