What is the purpose of limitation Act 1908?
What is the purpose of limitation Act 1908?
This Act may be called the Limitation Act, 1908 and is enacted to consolidate and amend the law relating to the limitation of suits, appeals and certain applications to Courts. This Act provides that no legal proceeding shall be initiated after the expiration of time, which is given in the Act.
What is the period of limitation for filing suit?
PERIOD AS PRESCRIBED IN SCHEDULE TO THE ACT – The period has been prescribed in Schedule to the Act. Generally, it is as follows – (a) 3 years for a suit relating to accounts, contracts, declarations, decrees, suits relating to movable property, recovery of law suit under a contract etc.
How many sections are there in limitation Act 1908?
10 parts
The articles relating to suits are divided into 10 parts on the basis of the periods of limitation and not on the nature of suits. The periods range from 30 30 Mad. 426 Page 6 days to 60 years. For appeals there are 6 periods ranging from 7 days to 6 months.
What is a limitation act?
Language
| Act ID: | 196336 |
|---|---|
| Act Year: | 1963 |
| Short Title: | 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 is time limit for appeal to Supreme Court?
The Supreme Court clarified that an aggrieved party must file an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 (“A&C Act”) within 60 days from date of order. The Supreme Court further held that a delay in filing appeals under Section 37 of the A&C Act can be condoned by the appellate court.
What is not sufficient under limitation Act?
The term sufficient cause has nowhere been defined in the act; however, it seems that the courts have construed it quite liberally in order to meet the ends of justice, so much so that meritorious matters are not disregarded solely on the basis of a slight delay (Collector, Land Acquisition, Anantnag v.
How many articles are in the limitation Act?
| Contents | |
|---|---|
| Sections | Particulars |
| 28 | Amendment of certain Acts |
| 29 | Savings |
| 30 | Provision for suits, etc., for which the prescribed period is shorter than the period prescribed by the Indian Limitation Act, 1980 |
What are the provisions of the Limitation Act of 1908?
Dismissal of suits, etc., instituted, etc., after period of limitation Subject to the provisions contained in Sections 4 to 25 (inclusive), every suit instituted, appeal preferred, and application made, after the period of limitation prescribed therefor by the first schedule shall be dismissed, although limitation has not been set up as a defence.
How is Section 5 of the Limitation Act excluded?
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
When did the Limitation Act 1980 come into force?
Limitation Act 1980, Section 35 is up to date with all changes known to be in force on or before 23 November 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
How long does a person have to sue under the Limitation Act?
A has, under the ordinary law, only one year remaining within which to sue. But under Section 6 and this section and extension of two years will be allowed him, making in all a period of three years from the date of his attaining majority, within which he may bring his suit.