Limitation Act, 1963
Limitation – “interest reipublicae ut sit finis litium”
Tilokchand Motichand v. H.B Munshi 1969 2 SCR 824 Court observed that this principle is based on the maxim “interest reipublicae...
Read moreObject of law of limitation
Rajender Singh v. Santa Singh 1973 2 SCC 705 has observed: (SCC p. 712, para 18) “18. The object of law...
Read morePolicy of the Limitation Acts
Halsbury's Laws of England, 4th Edn., Vol. 28, p. 266, Para 605, the policy of the Limitation Acts is laid...
Read moreLimitation Act S. 5 – Requires consideration of all relevant facts and it is at this stage the diligence of the party or its bona fides may fall for consideration
Ramlal v. Rewa Coalfields Ltd. AIR 1962 SC 361 Court held that: (AIR pp. 363-65) “In construing Section 5 of the Limitation...
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Limitation Act, Section 5 – A bar of limitation may be considered even if such plea has not been specifically raised.
Limitation Act, Section 5 - A bar of limitation may be considered even if such plea has not been specifically...
Read moreLimitation Act S. 5 – Court cannot straightway dismiss the plea simply on the score that such a plea is ignoble
Limitation Act, Section 5 - Court observed that they were not inclined to hold that the delay in presenting the...
Read moreLimitation Act S. 5 – false stand to get rid of the bar of limitation should not be encouraged
Limitation Act, Section 5 - A party taking a false stand to get rid of the bar of limitation should...
Read moreLimitation Act Art. 37 & S. 18—Default in payment of loan
Art. 37 & Sec. 18—Default in payment of loan The period for the purposes of limitation for institution for the...
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Limitation – If a claimant is aware of the violation of his rights and does not claim his remedies, such inaction or conduct tantamounts a waiver of the right.
If a claimant is aware of the violation of his rights and does not claim his remedies, such inaction or...
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A distinction must be made between a case where the delay is inordinate and a case where the delay is of few days and whereas in the former case the consideration of prejudice to the other side
Limitation Act S. 5, Sufficient Cause - Limitation A distinction must be made between a case where the delay is...
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‘Sufficient cause’ has to receive liberal construction, it must squarely fall within the concept of reasonable time and proper conduct of the party concerned.
Limitation Act S. 5, Sufficient Cause - Limitation '25. We may state that even if the term 'sufficient cause' has...
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Sufficient Cause – Limitation – No straitjacket formula is prescribed
Limitation Act S. 5, Sufficient Cause - Limitation While considering an application for condonation of delay no straitjacket formula is...
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Limitation – Justifiably advocated adoption of liberal approach in condoning the delay of short duration and a stricter approach where the delay is inordinate
Limitation Act S. 5, Sufficient Cause - Limitation The courts are bestowed with the power to condone the delay, if...
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Limitation – Adoption of strict standard of proof sometimes fails to protect public justice and it may result in public mischief
Limitation Act S. 5, Sufficient Cause - Limitation Adoption of strict standard of proof sometimes fails to protect public justice...
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Limitation – Fraud – If such an interpolated order is allowed to stand, there would be failure of justice
Limitation Act S. 5, Fraud Court was dealing with a fact- situation where the interim order passed by the court...
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