Category: Art

Article 11: (Art. 31 of the Act 1908):The period of limitation for a suit against a carrier for compensation for non-delivery of or delay in delivering goods is three years and the time of limitation runs from the time when the goods ought to be delivered. Image Source: redlinecourierservice.com ADVERTISEMENTS: Articles 10 and 11 contemplate suits against a carrier. The expression ‘carrier’ has not been defined in the Limitation Act. The expression ‘common carrier’ is defined in the Carrier’s Act in Section 2 as follows:“A common carrier denotes a person engaged in the business of transporting for hire property from place to place by land or inland navigation. In Rahim Saheb v. Governor General of India, [(1955) MLJ 406], it has been held that the definition of ‘common carrier’ as…

Article 5:The period of limitation for a suit for an account and a share of the profits of a dissolved partnership is three years and the time from which period begins to run is the date of the dissolution. Image Source: thomasnevin.files.wordpress.com ADVERTISEMENTS: Partnership relationship arises as a result of agreement between the two or more persons pertaining to a business carried on by them collectively. The Article 5 contemplates a suit between the partners inter se and does not apply to an account by a partner against a sub-partner. The Article 5 would not apply unless a partnership is dissolved.In Veronika v. Philips, (1975 Ker.LT 182), it has been held that for applicability of Article 5 the following ingredients are necessary to be fulfilled:(i) There should have been a…

Article 54: (Art. 113 of the Act of 1908):The period of limitation for a suit for specific performance of a contract is three years and the time of limitation starts to run from the date fixed for the performance, or, if no such date is fixed, when the plaintiff has notice that performance is refused. Image Source: ndieambassador.com ADVERTISEMENTS: According to the Contract Act, a ‘contract’ is an agreement enforceable by law. A contract is an agreement between two or more persons by which rights are acquired by one or more parties to define acts or forbearances on the part of other or others. So the contract is an agreement resulting its obligation. The ‘specific performance of a contract’ means its actual execution according to its terms and conditions.When there…

Article 64: (Arts. 142 & 144 of the Act of 1908):The period of limitation for a suit for possession of immovable property based on previous possession and not on title, when the plaintiff while in possession of the property has been dispossessed is twelve years and the period of limitation begins to run from the date of dispossession. Image Source: rrscb.com ADVERTISEMENTS: In Naran Bahara v. Mohan Majhi, (AIR 1985 Ori. 40), it has been held that under the Limitation Act, 1963, all suits for possession of immovable property have been brought under two categories namely, (i) suits based on the right of previous possession and not on proprietary title and II the suits-based on proprietary title. The first class of suits will attract Article 64 and the suits based…

Article 62: (Art. 132 of the Act of 1908):The period of limitation for a suit to enforce payment of money secured by a mortgage or otherwise charged upon immovable property is twelve years and the period of limitation starts to run when the money sued for become due. Image Source: timedotcom.files.wordpress.com ADVERTISEMENTS: Article 62 governs suits to enforce payment of money secured by mortgage or otherwise charged upon the immovable property. In Vala Punja v Puna Mavji, (AIR 1963 Guj. 112), it has been held that the Article 62 is applicable to all suits for sale or foreclosure regarding mortgage as well as to suits to enforce charge within the meaning of Section 100 of the Transfer of Property Act.Art. 62 is attracted only in respect of a mortgage or…

Article 60: (Art. 44 of the Act of 1908): (a) The period of limitation for a suit to set aside a transfer of property made by the guardian of a ward by the ward who has attained majority is three years and the period of limitation starts to run when the ward attains majority. Image Source: diasnotary.com ADVERTISEMENTS: (b)(i) The period of limitation for a suit to set aside a transfer of property made by the guardian of a ward by the ward’s legal representative when the ward dies within three years from the date of attaining is three years and the period of limitation begins to run when the ward attains majority.(b)(ii) The period of limitation for a suit to set aside a transfer of property made by the…

Article 116: [Arts. 152 and 156 of the Act of 1908]: (a) The period of limitation for an appeal under the Code of Civil Procedure, 1908 to a High Court from any decree or order is ninety days and the limitation commences from the date of the decree or order. Image Source: shareyouressays.com ADVERTISEMENTS: (b) The period of limitation for an appeal under the Code of Civil Procedure, 1908 to any other Court from any decree or order is thirty days and the limitation commence from the date of the decree or order.The Art. 116(a) of the Limitation Act, 1963 governs all appeals under the Code of Civil Procedure to High Court except those appeals to the High Court from the same Court i.e. appeal from Single Bench to Division…

Article 128 (Art. 165 of the Act of 1908):The period of limitation for an application for possession by one dispossessed of immovable property and disputing the right of the decree-holder or purchaser at a sale in execution of a decree is thirty days and the limitation commences from the date of the dispossession. Image Source: f1.bcbits.com ADVERTISEMENTS: The Article 128 attracts cases where persons other than a judgment- debtor who having been dispossessed by the order of the executing Court granting delivering possession in execution case to be restored to possession.In order to maintain a petition under Order XXI, Rule 99 of the Civil Procedure Code, the person dispossessed must show independent title and not title through judgment-debt. So, any person coming to possess pendente lite cannot succeed and not…