Limitation Act, 1963

From LawNotes.in
Jump to: navigation, search
HomeBrud.gifIndian LawBrud.gifIndian ActsBrud.gifLimitation Act, 1963

The Indian Limitation Act, 1963 belongs to the Law of Limitation.

Contents

Sections

Part I: Preliminary

Part II: Limitation of Suits, Appeals and Applications

  • Section 3: Bar of Limitation
  • Section 4: Expiry of prescribed period when court is closed
  • Section 5: Extension of prescribed period in certain cases
  • Section 6: Legal disability
  • Section 7: Disability of one of several persons. It supplements Section 6 and explains about the disability of one of several persons and its effects
  • Section 8: Special exceptions. Says that suits for pre-emption are not governed by Section 6 and 7 of the act and inspite of the disability, they must be proceeded with and no extension of time will be given of the disability of the Plaintiff.
  • Section 9: Continuous running of time
  • Section 10: Suits against trustees and their representatives
  • Section 11: Suits on contracts entered into outside the territories to which the Act extends
  • Section 12: Exclusion of time in legal proceedings
  • Section 13: Exclusion of time in cases where leave to sue or appeal as a pauper is applied for
  • Section 14: Exclusion of time of proceeding bonafide in court without jurisdiction
  • Section 15: Exclusion of time in certain other cases
  • Section 16: Effect of death on or before the accrual of the right to sue
  • Section 17: Effect of fraud or mistake
  • Section 18: Effect of acknowledgment in writing
  • Section 19: Effect of payment on account of debt or of interest on legacy
  • Section 20: Effect of acknowledgment or payment by another person
  • Section 21: Effect of substituting or adding new plaintiff or defendant
  • Section 22: Continuing breaches and torts
  • Section 23: Suits for compensation for acts not actionable without special damage
  • Section 24: Computation of time mentioned in instruments

Part IV: Acquisition of ownership by possession

  • Section 25: Acquisition of easements by prescription
  • Section 26: Exclusion in favour of reversioner of servient tenement
  • Section 27: Extinguishment of right to property

Circular No. MRD/DP/4/2011, Dated 7-4-2011: SEBI Circular on Limitation period for filing an arbitration reference

SEBI has earlier issued directions to stock exchanges with regard to the limitation period for filing an arbitration reference. In view of streamlining the provisions in the depositories on the captioned subject, it is decided that the limitation period for filing an arbitration reference shall be governed by the law of limitation, i.e., the Limitation Act, 1963. The modified limitation period shall also be applicable to cover inter alia the following cases:

i. where the limitation period (in terms of Limitation Act, 1963) have not yet elapsed and the parties have not filed for arbitration with the depository, or,

ii. where the arbitration application was filed but was rejected solely on the ground of delay in filing within the earlier limitation period; and the limitation period (in terms of Limitation Act, 1963) have not yet elapsed.

2. Accordingly, the Depositories shall:

i. make necessary amendments to the relevant bye-laws for the implementation of the above decision,

ii. bring the provisions of this circular to the notice of the Depository Participants and direct them to communicate the same to all the Beneficial Owners (BOs), and,

iii. disseminate the same on the website.

3. This circular is being issued in exercise of powers conferred under section 11(1) of the Securities and Exchange Board of India Act, 1992 read with section 19 of the Depositories Act, 1996 in the interests of investors in securities and to promote the development of, and to regulate the securities market.

Related cases regarding applicability of the Act

  • Supreme Court of India, in several cases, said that Limitation Act does not apply to criminal proceedings.
  • E. Subbammal Vs R. Rajendran and Anr 2012–2-L.W. 524: A suit, to enforce right of pre-emption should be filed within one year from the date of physical possession of whole or part of the property or the same should be filed within one year from the date of registration of sale deed if the same does not admit physical possession of the whole or part of the property
  • December 2011: [2011] 16 LNIN 329 (Delhi): Admission of a debt either in a balance sheet or in form of a duly signed letter, would amount to an acknowledgement for extending period of limitation for filing of winding up petition
  • Collector of Central Excise, Jaipur vs. Raghuvar (India) Ltd. (2000) (5 SCC 299)
  • Municipal Council, Ahmednagar and another vs. Shah Hyder Beig and others (2000) (2 SCC 48)
  • Bimal Kumar and Anr Vs Shakuntala Debi and Ors, 2012 – 3- L.W. 1
    • ’Compromise’ decree based on whether Preliminary or final; distinction of compromise decree is a final decree; execution of; bar of limitation, Scope of
    • Execution/Compromise decree; bar of limitation when arises

Related maxims

Related Indian Acts

Related International Acts


Views
Personal tools