LIMITATION ACT

AFTERSCHO☺OL
– DEVELOPING CHANGE MAKERS
CENTRE FOR SOCIAL ENTREPRENEURSHIP
PGPSE PROGRAMME –
World’ Most Comprehensive programme in social
entrepreneurship & spiritual entrepreneurship
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02/03/09 AFTERSCHO☺OL's
AFTERSCHO☺OL's MATERIAL
MATERIAL 1
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 LIMITATION ACT
Dr. T.K. Jain.
AFTERSCHO☺OL
Centre for social entrepreneurship
Bikaner M: 9414430763
tkjainbkn@yahoo.co.in
www.afterschool.tk, www.afterschoool.tk
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02/03/09 AFTERSCHO☺OL's
AFTERSCHO☺OL's MATERIAL
MATERIAL 2
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 Essentials..
• law is made to protect only diligent and
vigilant people. Equity aids the vigilant and
not the indolent. Law will not protect
people who are careless about their rights.
(Vigilantibus non domientibus jur A
subventiunt).

02/03/09 AFTERSCHO☺OL's MATERIAL 3

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 Essentials…
• Subject to provisions of sections 4 to 24 of
the Act (i.e. Limitation Act),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. [section 3(1)]. -
Period of limitation‘ means the period of
limitation prescribed for any suit

02/03/09 AFTERSCHO☺OL's MATERIAL 4

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 Periods of limitation
• (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. (b) 12 years for suits relating to
possession of immovable property and 30 years
for mortgaged property (c) One year for suit
relating to torts, 3 years for compensation in
certain cases (d) 30 to 90 days in case of
appeals under Civil Procedure Code and
Criminal Procedure Code. - - Period of filing
appeal and application can be extended if proper
cause is shown (sec. 5)

02/03/09 AFTERSCHO☺OL's MATERIAL 5

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 What is a sufficient cause?
• Wrong practice of high court (which
misleads the person)
• Mistake of counsel
• Wrong advice by advocate
• Mistake in law
• Imprisonment of the party or seriour illness
• Time taken for obtaining certified copies of
documents
02/03/09 AFTERSCHO☺OL's MATERIAL 6
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 Continuous running of time..
• When once period of limitation starts
running, it continues even if there is any
subsequent disability or inability to institute
a suit or make an application. [section 9].

02/03/09 AFTERSCHO☺OL's MATERIAL 7

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When will period of limitation start?
• Period of limitation starts only after fraud
or mistake is discovered by affected party.
[section 17(1)]. In Vidarbha Veneer
Industries Ltd. v. UOI - 1992 (58) ELT 435
(Bom HC) , it was held that limitation starts
from the date of knowledge of mistake of
law.

02/03/09 AFTERSCHO☺OL's MATERIAL 8

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 Applicable only on court
• Law of Limitation is applicable only to
courts and not to tribunals. - Nityanand M
Joshi v. LIC - AIR 1970 SC 209 = (1970) 1
SCR 396 = 36 FJR 324 (SC) * Sakura v.
Tanaji - AIR 1985 SC 1279 * Birla Cement
Works v. G M Western Railway (1995) 2
JT 59 (SC).

02/03/09 AFTERSCHO☺OL's MATERIAL 9

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 Sec. 468 of Cr. P. Code. –
limitation period
• (a) Six months, if the offence is punishable
only with fine (b) One year, if the offence
is punishable with imprisonment for a term
not exceeding one year (c) three years, if
the offence is punishable with
imprisonment for a term not exceeding
three years.

02/03/09 AFTERSCHO☺OL's MATERIAL 10

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 No limitation on rights…
• In Bombay Dyeing and Mfg Co. Ltd. v.
State of Bombay AIR 1958 SC 328 = 1958
SCR 1122 (SC Constitution Bench), it was
held that the law of limitation only bars the
remedy of approaching the court of law.
However, it does not extinguish the right
as such.

02/03/09 AFTERSCHO☺OL's MATERIAL 11

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 Fresh period
• Fresh period of limitation is available to
the creditor, when part payment of debt is
made by the debtor before the expiration
of the period of limitation.

02/03/09 AFTERSCHO☺OL's MATERIAL 12

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 Continuous period …
• In case of continuous breaches and torts,
a fresh period of limitation begins to run at
every moment of time during which the
breach or tort continues. [section 22].

02/03/09 AFTERSCHO☺OL's MATERIAL 13

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 Effect of acknowledgement…
• If acknowledgment of any property is right
or liability is obtained in writing duly signed
by the party against whom such property,
right or liability is claimed, before the
expiration of period of limitation, a fresh
period of limitation is computed from date
of acknolwedgement.

02/03/09 AFTERSCHO☺OL's MATERIAL 14

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 Period of limitation in case of
fundamental rights?
• Law of limitation does not apply on
matters related to article 32 and article
226 of the constitution.
• (Tilokchand Motichand v/s H.P. Munshi
AIR 1970 SC 898)

02/03/09 AFTERSCHO☺OL's MATERIAL 15

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 About AFTERSCHO☺OL
• PGPSE - World’s most comprehensive
programme on social entrepreneurship –
after class 12th
• Flexible – fast changing to meet the
requirements
• Admission open throughout the year
• Complete support from beginning to the
end – from idea generation to making the
project viable.
02/03/09 AFTERSCHO☺OL's MATERIAL 16
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Branches of AFTERSCHO☺OL
• PGPSE programme is open all over the
world as free online programme.
• Those who complete PSPSE have the
freedom to start branches of
AFTERSCHO☺OL
• A few branches have already started -
one such branch is at KOTA (Rajasthan).

02/03/09 AFTERSCHO☺OL's MATERIAL 17

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 Workshop on social
entrepreneurship
• We conduct workshop on social
entrepreneurship – all over India and out
of India also - in school, college, club,
association or any such place - just send
us a call and we will come to conduct the
workshop on social entrepreeurship.
• These workshops are great moments of
learning, sharing, and commitments.

02/03/09 AFTERSCHO☺OL's MATERIAL 18

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 FREE ONLINE PROGRAMME
• AFTERSCHO☺OL is absolutely free
programme available online – any person can
join it. The programme has four components :
• 1. case studies – writing and analysing – using
latest tools of management
• 2. articles / reports writing & presentation of
them in conferences / seminars
• 3. Study material / books / ebooks / audio / audio
visual material to support the study
• 4. business plan preparation and presentations
of those plans in conferences / seminars

02/03/09 AFTERSCHO☺OL's MATERIAL 19

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100% placement / entrepreneurship
• AFTERSCHO☺OL has the record of
100% placement / entrepreneurship till
date
• Be assured of a bright career – if you join
AFTERSCHO☺OL

02/03/09 AFTERSCHO☺OL's MATERIAL 20

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 Pursue professional courses along
with PGPSE
• AFTERSCHO☺OL permits you to pursue
distance education based professional /
vocational courses and gives you support
for that also. Many students are doing CA
/ CS/ ICWA / CMA / FRM / CFP / CFA and
other courses along with PGPSE.
• Come and join AFTERSCHO☺OL

02/03/09 AFTERSCHO☺OL's MATERIAL 21

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