Law of Limitation and Prescription provides a comprehensive analysis of the statutory time limits within which legal actions must be initiated and the consequences of failing to do so. The book covers the Limitation Act, 1963, with detailed commentary on its key provisions, judicial interpretations, and procedural aspects. It also explores the doctrine of prescription, which deals with the acquisition or extinguishment of rights through the passage of time.
Ideal for legal practitioners, judges, academicians, and students, this work includes:
Updated case laws from Supreme Court and High Courts
Comparative perspectives with foreign jurisdictions
Special focus on limitation in civil, criminal, and arbitration matters
Practical tips on computing limitation periods and dealing with condonation of delay
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Part I: Introduction to Law of Limitation and Prescription
Meaning and Nature of Limitation and Prescription
Historical Background and Evolution
Objectives and Importance of Limitation Laws
Distinction Between Limitation and Prescription
Scope, Extent, and Applicability of the Act
Structure of the Act – Overview of Sections and Schedules
Key Definitions – Section 2
Applicant, Plaintiff, Defendant, Period of Limitation, Prescribed Period, etc.
When Limitation Begins to Run (Section 9)
Exclusion of Time in Legal Proceedings (Sections 12-14)
Effect of Fraud or Mistake (Section 17)
Effect of Acknowledgment and Part Payment (Sections 18-19)
Postponement of Limitation in Certain Cases
Disability and Legal Disability (Section 6-8)
Acquisition of Ownership by Possession – Adverse Possession
Continuous Running of Time
Effect of Death, Insolvency, and Marriage on Limitation
Suits, Appeals, and Applications: Categories and Limitation Periods
Three Divisions of the Schedule:
Suits relating to contracts, torts, property, etc.
Appeals – Civil and Criminal
Applications – Execution, setting aside awards, etc.
Tabular Presentation of Limitation Periods for Quick Reference
Limitation in Civil Suits
Limitation in Criminal Proceedings
Limitation in Writs and Constitutional Remedies
Limitation in Arbitration and Consumer Cases
Prescription in Property Law (Easements and Adverse Possession)
Leading Supreme Court and High Court Decisions
Interpretation of “Sufficient Cause” for Condonation of Delay
Doctrine of Delay and Laches in Equity
Limitation Laws in Other Jurisdictions (UK, USA, etc.)
Recent Developments and Amendments
Law Commission Reports on Limitation
Critical Analysis and Suggestions for Reform
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