Run.. don't miss the bus : The Law of Limitation
If you think you have a cause of action to sue another and intend to do so, do so at the earliest possible opportunity. Law aides only the vigilant... and not those who sleep over their rights - "Vigilantibus non dormientibus jura subveniunt". Various legal systems have prescribed their own periods during which actions, either civil or criminal can be brought in before Courts of Law. This period is called "Law of Limitation" or "Law of Prescription". Normally, law prohibits all actions beyond the relevant prescribed period.
In India, the law of limitation is mainly embodied in "The Limitation Act, 1963" (Act 36 of 1963). As per the definition given in the said Act, "period of limitation" means the period of limitation prescribed for any suit, appeal or application by the Schedule, and "prescribed period" means the period of limitation computed in accordance with the provisions of the Act.
Section 3 of the Act imposes the bar of limitation. The periods of limitation for various kinds of actions are listed in The Schedule of the Act. The various kinds of actions are listed as Articles and the respective periods of actions and from what event, the mentioned periods will start to run, are given against each of item.
To illustrate, Article 19 of the Schedule provides:
Art. 19: For money payable for money lent - Period of limitation: 3 years - Time from which period begins to run: When the loan is made.
This means, when the money is lent as loan, a suit for recovery of that amount has to be filed within three years from the day on which the money was lent. If X lent Rs.1,00,000/- to Y on 01.01.2000, if X want to file a suit against Y for the recovery of the same, he/she need to file the suit within three years, i.e., 31.12.2002. If the suit is filed after 31.12.2002, the Court will dismiss the same on the ground that the claim is barred by limitation.
Sometimes this period is prescribed by other statutes as well. For example, Section 142(b) of Negotiable Instruments Act, 1881 prescribes that, no Court shall take cognizance of any offense punishable under Section 138 (for dishonour of cheque) except upon a written complaint being filed in the Court within one month from the date of the cause of action.
Therefore, if you need to file a suit or criminal complaint, consult your lawyer at the earliest and make sure you won't miss the bus...
posted by Indian Lawyer at 6:04:00 PM
1 Comments:
HI,
I posted a question as Anonymous on Nov. 29th and waiting for the reply. Following was the question:
I am a US citizen. We had a house in South Delhi and my father added my 2 brother's names in the will. We 3 sisters stayed out because we didn't want the house to be sold ever due to our mother's emotions. He had the condition that the house should not be sold. One of our brother passed away this year and his wife went to India from Europe and without telling anyone of us sisters sold the house with the agreement of the other brother. We were told after the house was sold and they divided the money in 2 parts. She took her share and now the 2nd brother decided to give us lowest fraction of the money to keep us quite. I read a lot on Hindu succession law amendment and understood that we are entitled for the equal share in our parents house. Am I right? I would like to file the complaint if they don't agree to give my share and my other 2 sisters their share. Please advice!
3:58 AM, November 29, 2007
Post a Comment
<< Home