When did the Limitation Act came into force in India?
By a notification of the Central Government issued under Section 1(3), the Act came into force on the 1st January, 1964. Under Section 1(2), the Act extends to the whole of India except the State of Jammu and Kashmir.
What is Limitation Act in India?
The Limitation Act, 1963. Long Title: An Act to consolidate and amend the law for the limitation of suits and other proceedings and for purposes connected therewith. Ministry: Ministry of Law and Justice.
What do you mean by Limitation Act?
The Limitation Act is a law of repose, peace and justice which has barred the remedy after the failure of particular period of time. This is all because for the public policy and expediency without extinguishing any right in certain cases.
How many sections are there in the Indian Limitation Act?
| Contents | |
|---|---|
| Sections | Particulars |
| 32 | Repeal |
| Schedule | Period of Limitations |
| Division I | Suits |
What are the object and purpose of the Limitation Act?
The main objective of the The LA,1963 is to provide a specific time frame within which a person can file a suit in a court. If such law are not enacted then it will lead to never ending litigation as the person could file a suit for the cause of action which was done many years back.
What is significance of period of limitation?
A Law of Prescription prescribes the period at the expiry of which not only the judicial remedy is barred but a substantive right is acquired or extinguished. A Law of Limitation limits the time after which a suit or other proceeding cannot be maintained in a Court of Justice.
What is the importance of the Limitation Act?
The main purpose of this Act is to prevent litigation from being dragged for a long time and quick disposal of cases which leads to effective litigation. As per the Jammu and Kashmir Reorganisation Act, 2019, provisions of the Limitation Act will now apply to the whole of India.
Why the Limitation Act is important?
How many schedules are in the Limitation Act?
Schedule of Periods of Limitation of The Limitation Act, 1963
| Description of suits | Period of limitation | |
|---|---|---|
| 29. | On a single bond, where no such day is specified. | Three years |
| 30. | On a bond subject to a condition | Three years |
| 31. | On a bill of exchange or promissory note payable at a fixed time after date. | Three years |
What are the important features of Limitation Act?
The law of limitation only bars the judicial remedy and does not extinguish the right. In other words, It means that the statute of limitation prescribes only the period within which legal proceedings have to be initiated. It does not restrict any period for setting up a defence to such actions.
What is the nature of law of limitation?
The ‘Law of Limitation’ prescribes the time-limit for different suits within, which an aggrieved person can approach the court for redress or justice. The ”Law of Limitation” prescribes the time-limit for different suits within, which an aggrieved person can approach the court for redress or justice.
What are the sections of Limitation Act?
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 a defence.
When does the Limitation Act 1908 come into force?
(1) This Act may be called the Limitation Act, 1908. (2) It extends to the whole of Bangladesh. (3) This section and section 31 shall come into force at once. The rest of this Act shall come into force on the first day of January, 1909. 2.
What is Section 5 of the Limitation Act?
Section 5 of the Limitation Act has been completely excluded from application in case of limitation prescribed by any special or local law by operation of clause (b) of subsection (2) of section 29 of the Limitation. Act
What is the limitation of Suits Act?
( ACT NO. IX OF 1908 ) 1 [An Act to consolidate and amend the law for the Limitation of Suits, and for other purposes.
What is Article 95 of first schedule to the Limitation Act?
It is Article 95 of the First Schedule to the Limitation Act which governs a suit to set aside a decree obtained by fraud or for other relief on the ground of fraud. It provides 3 years from the time when fraud comes known to the party w rouged. Govt. of Bangladesh Vs. Ramananda Sarker 9 BLT (AD)-30.