Limitation act - Lecture notes 3-5 PDF

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LIMITATION ACT, 1963(INTRODUCTION AND SECTION 3)Limitation act3 parts 32 sections 137 articles Limitation act is an exhaustive act. Limiataion act is prospective in nature. Limitation act is lex loci. Limitation act is procedural and adjective law. Limitation act came into force on: 1 jan 1964...

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LIMITATION ACT, 1963 (INTRODUCTION AND SECTION 3)

Limitation act

3 parts

32 sections

 Limitation act is an exhaustive act.  Limiataion act is prospective in nature.  Limitation act is lex loci.  Limitation act is procedural and adjective law.

 Limitation act came into force on: 1 jan 1964  Limitation act got inacted on: 5 oct 1963

137 articles

 Limitation act is not applicable to: Industrial tribunal  Labour court  Criminal procedure (except: article 114, 115 and 131 of limitation act, 1964  Writs

Period of limitation is prescribed in the schedule. Prescribed period is prescribed in the provisions.

 Courts has no general, inherent or over riding power outside the act to relieve a litigant from the provisions of this act.

SECTION-3 BAR OF LIMITATION

Section 3 applies on

Suits

appeal

application

Word to remember:  Suit is always: instituted  Appeal is always: preferred

 Application is always: made Section 3 says whenever suit, appeal or application is made after prescribed period the it is barred by law and thus it will be dismissed. Law doesn’t allow you to sleep over your rights, thus it bars the suits appeals or application filled outside the limitation time prescribed by the court.

Eg: the cause of action arose on 1 jan 2019 and the prescribe period will end on 1 jan 2022. Here if you go to cout after 1 jan 2022 then court will not accept it.

Section 3 further says that suit is said to be instituded on: 1) In ordinary case, when you present your suit to the proposer officer. 2) In case of pauper or indigent person, when he makes his application in court to take permission to continue his suit as a pauper only.

3) In case of claim against a company, the date on which ist time notice is sent to the official liquidator.

 Set off is said to be instituted when it’s pleaded. It reverts back.

Eg: you filed a suit on 1 january 2019 and claimed set off on 1 february 2019 the date of set off will be 1 january 2019.

 Counter claim is said to be made on the same date when counter claim is made.

Eg: you filed a suit on 1 jan 2019 and claimed counter claim on 1 feb 2019 then counter claim is said o be made on 1 feb 2019 only.

 Parties by agreement can’t curtail the period of limitation.  An agreement which curtail period of limitation will be void u/s 28 indian contract act as it amounts to restraint of legal proceedings.

 An agreement which extend period of limitation will be void u/s 23 of indian contract act as it’s against public policy and would defeat the provisions of law.

CASES Bapu vs. Bapu Limitation act doesn’t apply to criminal proceeding unless it’s made applicable to them by express provisions.

Japani sahu vs. Chandra shekar mahanty Crime never dies thus no limitation can be prescribed for criminal laws.

Premium Insurance vs. Vidhyawati Court held that suit by indigent person as per order 33 c.p.c commences on the day when the application is being made and not the date when it is granted, numbered or registered.

Abdul Muthalip vs. Mohammad Court held that any suit filed after the prescribed period without any sufficient cause will be dismissed u/s 3 of the limitation act, 1963....