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Showing posts from August, 2020

Limitation period for Applications

 PART I-APPLICATIONS IN SPECIFIED CASES 118. Description of Suit : For leave to appear and defend a suit under summary procedure. Limitation Period : Ten days.   Time from which period begins to run : When the summons is served.   119. Under the Arbitration Act, 1940 (10 of 1940),— 119-A Description of Suit : for the filing in court of an award; Limitation Period : Thirty days.   Time from which period begins to run : The date of service of the notice of the making of the award;   119-B Description of Suit : for setting aside an award or getting an award remitted for reconsideration. Limitation Period : Thirty days.   Time from which period begins to run : The date of service of the notice of the filing of the award.   120. Description of Suit : Under the Code of Civil Procedure, 1908 (5 of 1908), to have the legal representative of a deceased plaintiff or appellant or of a deceased defendant or respondent, made a party. Limitation Period : Ninety days.   Time from which period begi

Limitation Period for Appeals

 Second Division of Schedule 1 of Limitation Act 114.Appeal from an order of acquittal,— A Description of Suit : (a)under sub-section (1) or sub-section (2) of section 417 of the Code of Criminal Procedure, 1898 (5 of 1898);. Limitation Period : Ninety days.   Time from which period begins to run : The date of the order appealed from.   B. Description of Suit : (b)under sub-section (3) of section 417 of that Code. Limitation Period : Thirty days.   Time from which period begins to run : The date of the grant of special leave.   115.Under the Code of Criminal Procedure, 1898 (5 of 1898)— A) Description of Suit : from a sentence of death passed by a court of session or by a High Court in the exercise of its original criminal jurisdiction; Limitation Period : Thirty days.   Time from which period begins to run : The date of the sentence.   B-from any other sentence or any order not being an order of acquittal— (i) Description of Suit : to the High Court Limitation Period : Sixty days.

Limitation Period for Suits for which there is no prescribed Period

   Part X of Schedule 1 113. Description of Suit : Any suit for which no period of limitation is provided elsewhere in this Schedule. Limitation Period : Three years.   Time from which period begins to run : When the right to sue accrues.

Limitation Period for Suits Relating to Miscellaneous Matters

 Part IX of Schedule 1 97. Description of Suit : To enforce a right of pre-emption whether the right is founded on law or general usage or on special contract. Limitation Period : One year.   Time from which period begins to run : When the purchaser take under the sale sought to be impeached, physical possession of the whole or part of the property sold, or, where the subject matter of the sale does not admit of physical possession of the whole or part of the property, when the instrument of sale is registered.   98. Description of Suit : By a person against whom 1[an order referred to in rule 63 or in rule 103] of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908), or an order under section 28 of the Presidency Small Cause Courts Act, 1882 (15 of 1882), has been made, to establish the right which he claims to the property comprised in the order. Limitation Period : One year.   Time from which period begins to run : The date of the final order.   99. Description of Suit : To

Limitation Period for Suits Relating to Trust and Trust Property

 Part VIII Schedule 1 92. Description of Suit : To recover possession of immovable property conveyed or bequeathed in trust and afterwards transferred by the trustee for a valuable consideration. Limitation Period : Twelve years.   Time from which period begins to run : When the transfer becomes known to the plaintiff.     93. Description of Suit : To recover possession of movable property conveyed or bequeathed in trust and afterwards transferred by the trustee for a valuable consideration. Limitation Period : Three years.   Time from which period begins to run : When the transfer becomes known to the plaintiff.   94. Description of Suit : To set aside a transfer of immovable property comprised in a Hindu, Muslim or Buddhist religious or charitable endowment, made by a manager thereof for a valuable consideration. Limitation Period : Twelve years.   Time from which period begins to run : When the transfer becomes known to the plaintiff.   95. Description of Suit : To set aside a tr

Limitation Period for Suits relating to Torts

 Part VII of Schedule 1  72 Description of Suit : For compensation for doing or for omitting to do an act alleged to be in pursuance of any enactment in force for the time being in the territories to which this Act extends. Limitation Period : One year.   Time from which period begins to run : When the act or omission takes place.   73. Description of Suit : For compensation for false imprisonment.   Limitation Period : One year. Time from which period begins to run : When the imprisonment ends   74. Description of Suit : For compensation for a malicious prosecution. Limitation Period : One year. Time from which period begins to run : When the plaintiff is acquitted or the prosecution is otherwise terminated.   75. Description of Suit : For compensation for libel. Limitation Period : One year. Time from which period begins to run : When the libel is published.   76. Description of Suit : For compensation for slander. Limitation Period : One year. Time from which period begins to run :

Limitation Period for Suits relating Movable Property

Part VI of Schedule 1 of Limitation Act 68. Description of Suit : For  specific  movable  property  lost, or  acquired  by  theft,  or  dishonest misappropriation or conversion. Limitation Period : Three years. Time from which period begins to run : When  the  person having  the  right  to  the possession of the property first learns in whose possession it is. 69. Description of Suit : For other specific movable property. Limitation Period : Three years. Time from which period begins to run : When the property is wrongfully taken. 70. Description of Suit : To recover movable property deposited   or   pawned   from   a depository or pawnee. Limitation Period : Three years. Time from which period begins to run : The date of refusal after demand. 71. Description of Suit : To recover movable property deposited or pawned,and afterwards     bought     from     the depository    or    pawnee    for    a valuable consideration. Limitation Period : Three years. Time from which period begins

Limitation Period for Suits Relating to Immovable Property

Part V of Schedule 1 of Limitation Act 61-By a mortgagor— a) Description of Suit : to redeem or recover possession of immovable property mortgaged; Limitation Period : Thirty years. Time from which period begins to run : When  the  right  to  redeem  or  to  recover possession accrues. b) Description of Suit : to    recover    possession    of immovable property mortgaged and afterwards  transferred  by the  mortgagee  for  a  valuable consideration; Limitation Period : Twelve years. Time from which period begins to run : When  the  transfer  becomes  known  to  the plaintiff. c) Description of Suit : to  recover  surplus  collections received by the mortgagee after the mortgage has been satisfied. Limitation Period : Three years. Time from which period begins to run : When the   mortgagor   re-enters   on   the mortgaged property. 62 Description of Suit : To    enforce    payment    of    money secured    by    a    mortgage    or otherwise charged upon immovable property. Lim

Limitation Period for Suits relating to decree and instruments

Part IV of Schedule 1 of Limitation Act contains limitation period for suits relating to decree and instruments 59 Description of Suit : To  cancel  or  set  aside  an  instrument or  decree  or  for  the  rescission  of a contract. Limitation Period : Three years. Time from which period begins to run : When  the  facts  entitling  the  plaintiff  to have    the    instrument    or    decree cancelled  or set  aside  or  the  contract rescinded first become known to him. 60 - To  set  aside  a  transfer  of  property made    by    the    guardian    of    a ward— a) Description of Suit : (a)  by  the  ward  who  has  attained majority Limitation Period : Three years. Time from which period begins to run : When the ward attains majority. b) by   the   ward‟s   legal representative— b) (i) Description of Suit :  when  the  ward  dies  within three  years  from  the  date  of attaining majority Limitation Period : Three years. Time from which period begins to run : When the ward a

Limitation Period for Suits relating to Declarations

Part III of Schedule 1 of Limitation Act contains Limitation period for suits relating to declaration. They are as below: 56. Description of Suit : To    declare    the    forgery    of    an instrument issued or registered. Limitation Period : Three years. Time from which period begins to run : When  the  issue  or  registration  becomes known to the plaintiff. 57. Description of Suit : To   obtain   a   declaration   that   an alleged   adoption   is   invalid,   or never, in fact, took place. Limitation Period : Three years. Time from which period begins to run : When   the   alleged   adoption   becomes known to the plaintiff. 58. Description of Suit : To obtain any other declaration. Limitation Period : Three years. Time from which period begins to run : When the right to sue first accrues

Limitation Period for Suits relating to Contract

Part II of Schedule 1 of Limitation Act have provisions for limitation period relating to contract. 6. Description of Suit : For a seaman‟s wages Limitation Period : Three years. Time from which period begins to run : The  end  of  the  voyage  during  which  the wages are earned. 7. Description of Suit : For  wages  in  the  case  of  any  other person. Limitation Period : Three years. Time from which period begins to run : When the wages accrue due. 8. Description of Suit  : For  the  price  of  food  or  drink  sold by  the  keeper  of  a  hotel,  tavern or lodging-house. Limitation Period : Three years. Time from which period begins to run  :  When the food or drink is delivered. 9. Description of Suit : For the price of lodging. Limitation Period : Three years. Time from which period begins to run : When the price becomes payable. 10. Description of Suit : Against  a carrier  for  compensation for losing or injuring goods. Limitation Period : Three years. Time from which period b

Limitation Period for Suits Related to Accounts

Schedule 1 of Limitation Act provides timeline for suits related to Accounts. Part I of Schedule 1 of Limitation Act contains the details. Limitation Period for Suits related to account. 1. Description of Suit : For  the  balance  due  on  a  mutual, open  and  current  account,  where there have been reciprocal demands between the parties Limitation Period : Three years Time from which period begins to run : The  close  of  the  year  in  which  the last item  admitted  or  proved  is  entered  in the account; such  year to be computed as in the account. 2. Description of Suit : Against a factor for an account . Limitation Period : Three years Time from which period begins to run : When    the    account    is,    during    the continuance  of  the  agency,  demanded and refused or, where no such demand is made, when the agency terminates 3. Description of Suit : By  a  principal  against  his  agent  for movable  property  received  by  the latter and not accounted for. Limitation

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