Legal Bites Limitation Act

Nothing in Article 6 or Section 7 shall apply to actions to assert pre-emptive subscription rights or shall be deemed to be an extension of the limitation period for any action or demand of more than three years from the termination of the disability or death of the person concerned. 2. For the purpose of calculating the limitation period for an appeal or an application for leave to appeal or review a judgment, the date on which the contested decision was rendered and the time required to obtain a copy of the decision, judgment or order under appeal against which an appeal, review or review is sought shall be: impossible. He was arrested by the police during one of his visits and charged with “membership of an illegal assembly” punishable by six months in prison, “participation in an illegal assembly with lethal weapons” punishable by two years in prison, and “sedition armed with lethal weapons”, punishable by 3 years in prison. Thus, since the maximum penalty applies to “sedition with a lethal weapon”, which is punishable by 3 years in prison, this applies to the calculation of the limitation period. It is necessary to have some basic knowledge of the limitation period, although not all citizens are expected to be familiar with various provisions providing for prescription in different cases. `The purpose of limitation periods is to compel a person to exercise his rights of action within a reasonable time, as well as to prevent and eliminate expired, falsified or fraudulent claims. Although this is the case, the limitation period has two aspects – one concerns the extinguishment of the right if a claim or action is not brought within a certain period, and the other simply excludes the claim without affecting the right, which remains or can only be claimed as a moral obligation. to consider a new enforceable obligation. Where a law imposing limitation period extinguishes the law if it affects substantive law, while a law relating exclusively to the bringing of an action without affecting the law is deemed to be procedural. The Supreme Court ruled in Shrimant Shamrao Suryavanshi v.

Pralhad Bhairoba Suryavanshi states that the limitation period deprives the plaintiff of the remedy to assert his rights by bringing an action, but it does not prevent the defendant from presenting his defence, although this defence is time-barred and inapplicable in court. Section 3 § 1 of the Limitation Act 1963 provides that any action, appeal or claim, if brought beyond the prescribed limitation period, is under an obligation of the court not to pursue such actions, whether or not the limitation objection has been raised in defence. The Court can therefore take formal note suo motu of the question of limitation. 3. If the invalidity persists until the death of that person, his legal representative may bring the action or submit the application within the same period after death as would otherwise have been permitted from the date indicated. In Mukund Ltd v. Mumbai International Airport, it was held that it was expressly clear that if an action was time-barred, the court could not hear the merits of the case and was effectively required to dismiss the claim. In the case against judgment AS 15/1996 v. K.J.

Anthony, the Court held that a defendant can raise any defence in a dispute, although such a defence may not be enforceable in court because it is time-barred. (a) Any action for which the limitation period is shorter than that prescribed by the Indian Prescription Act 1908 may be commenced within [seven years] after the coming into force of this Act or within the period provided by the Indian Prescription Act 1908 for such action, whichever is earlier: Section 468 (b) 2 divides offences into three groups and prescribes a limitation period for each group. First, offences punishable only by a fine will be subject to a six-month limitation period. Second, if the offence is punishable by imprisonment for up to one year, the statute of limitations is one year.