Admin | Unlocking the Future — Essays & Academic Insights

25Oct 2018 by Reese Bannister

Whether foreign rule of limitation shall be a defence to a suit instituted in India, on a contract entered into, in a foreign country?

No foreign rule of limitation shall be a defence to a suit instituted in India on a contract entered into with a foreign country, unless the foreign rule has extinguished the contract (i.e., has extinguished the obligation of the right itself) and parties were domiciled in such country during the prescribed period by such rule.It is a general rule of international law that a contract with reference to its form, validity, interpretation and the rights and liabilities of the parties to it, is governed by the lex loci contracts the law of the place where the contract is made) while all matters of procedure are governed only by lex fori (law of the forum in which the action is brought). Questions of limitation of actions are governed by the lex…

25Oct 2018 by Reese Bannister

5 Distinct Characteristics of Business Communication

Business Communication

Business communication is distinct from personal communication as it has a different set of objectives. In order to understand the essentials of effective business communication, one has to have a fair idea of the world of business itself. In the following paragraphs, we shall be discussing various characteristics and features of business so that the needs of business communication become clear.Any business has certain distinct characteristics. These set it apart from other activities such as personal affairs, religion and charity. Characteristics 1. Profit Motive: Any business is known by its commercial character, i.e., the profit motive. At the end of the day, every business looks at its net earning. It looks for a healthy bottom line, i.e., reasonable profits and generally not exorbitant profits. Image Source: carta.fiu ADVERTISEMENTS: There may…

25Oct 2018 by Reese Bannister

4 Important Factors that Affect the Process of Communication

Languages

Modern communication is undoubtedly a complex process involving human beings as well as instruments and gadgets.Process of communication are also influenced by several other factors, which both the sender and the receiver of the communication should take cognizance of Important factors that affect the process of communication are described in the following paragraphs. 1. Conceptual Clarity: The starting point of every communication, as we have seen already, is the existence of an idea or a concept. It is this concept that gets translated into a message and gets transmitted to the receiver. Conceptual clarity is thus a very important factor affecting communication. Image Source: i.ytimg.com ADVERTISEMENTS: Whatever be the method adopted, the communication must be clear about what the sender wants to convey. They have to give proper shape to…

25Oct 2018 by Reese Bannister

'Time when once it has commenced to run will not cease to do so by reason of any subsequent event' (The Limitation Act, 1963).

Law

A. If at the date on which the cause of action raised, thePlaintiff is under no disability or inability then time will naturally begin to run against him because there is no reason why the ordinary law should not have full operation. Section 9 of the Limitation Act says that once time has begun to run, no subsequent disability or inability to institute a suit or make an application can stop its running. This applies to a person himself as well as to his representative-in-interest after his death.1. A right to sue accrues to P, when he is under no disability; but subsequently he becomes insane. Time runs against P as usual, from the date of accrual of the right and his subsequent disability (viz. insanity) is no bar to…

25Oct 2018 by Reese Bannister

The provisions of the Limitation Act for computation of the period of limitation in the case of persons under legal disability

Management

A. Section 6 of the Limitation Act excuses an insane person, a minor and an idiot to’ file a suit or make an application for the execution of decree within the time prescribed by the Limitation Act and enable him to file the suit or make an application after the disability has ceased counting the prescribed period (period presented in the third column of– the schedule attached to the Limitation Act).It does not refer to any other period, prescribed or provided in any other Act from the date on which the disability ceased. If one disability supervenes on another disability one disability is followed by another without leaving a gap, the suit or application for execution may be filed after both disabilities have ceased to exist.If the disability or disabilities…

25Oct 2018 by Reese Bannister

5 examples of what is and what is not "sufficient cause within the meaning of section 5 of the Limitation Act , 1963

Construction

he expression “sufficient cause” is not defined but it has been held that it must mean a cause which is beyond the control of the party invoking the aid of the section. A cause for delay which by due care and attention the party could have avoided cannot be a “sufficient cause.” The test, therefore, whether a cause is sufficient or not, is to see whether it could have been avoided by the party by the exercise of due care and attehction.The expression however, should receive a liberal construction so as to advance substantial justice when no negligence nor inaction nor want of bona fide is imputable to the appellant or applicant. Krishna vs. Chattappan, (1889) I.L.R. 13 Mad. 269].The court should not apply too exacting a standard of diligence…

25Oct 2018 by Reese Bannister

What is the reason and object of the Law of Limitation? (The Limitation Act, 1963)

Law

The object of the Limitation Act is to quiet long possession and extinguish State demands. The principle upon which the statutes of limitation are based is that it is to the interest of the state that remedies for violated right should be sought in court without delay. Violated rights and suits based upon them require evidence to establish and substantiate them in a Court of Law.Long delay may obliterate all evidence and this fact may tend to the prejudice of justice. Lord Plunkett, the Lord Chancellor, is reported to have said, “Time holds in one hand scythe and in other an hour glass; the scythe owes down the evidence of our rights, the hour glass measures the period which renders the evidence superfluous”.Unlimited and perpetual litigation disturbs the peace of…

25Oct 2018 by Reese Bannister

What is the difference between "Limitation", "Laches" and "Acquiescence"?

Construction

Laches has its origin in the doctrine of equity. Halsbury’s Law of England, Volume XIII in Equitable Defense Chapter1910 Edition says, “The legislature in enacting a statute of limitation specifies fixed period after which claims are barred : equity does not fix a specific limit but considers the circumstances of each case in determining whether there has been such delay as to amount to laches.In the case of equitable reliefs, Courts of equity in England refused to grant such reliefs to an applicant who had willfully sleep over his rights. This principle is applicable in India also in so far as discretionary orders of the court are claimed, e.g., specific performance, permanent or temporary injuction, appointment of receiver In such cases courts can still refuse relief where the delay on…

25Oct 2018 by Reese Bannister

What is the difference between "Limitation" and 'Prescription."?

Law

The Indian Limitation Act deals with the Law of Prescription as well as the Law Limitation. A Law of Prescription prescribes the period at the expiry of which not only the judicial remedy is barred but a substantive right is acquired or extinguished.A Law of Limitation limits the time after which a suit or other proceeding cannot be maintained in a Court of Justice. It simply bars the judicial remedy but it neither affects the extra judicial remedies nor the substantive right itself.Prescription is the acquisition of Title by possession of property for the prescribed period provided that possession was neither forcible nor clandestine (hidden), nor permissive. Such possession acquires its title chiefly on account of the fact that those who had interest in the property have allowed their rights…

25Oct 2018 by Reese Bannister

The proposition "The statute of limitation is the statute of repose."– Discussed!

Law

A. The statutes of Limitation (it has been said) are statutes of repose; and of late years the desire has been general; both on the part of the legal profession and on the part of the public, to abridge the length of the time during which actions may be commenced, and there can be little (if any) doubt that the policy of the statutes of Limitation is good, and is one to be encouraged. They are such legislative enactments as prescribe the periods within which actions may be brought upon certain claims, or within which certain rights may be enforced.The law of limitation is founded on public policy, its aim being to secure the quiet of the community, to suppress fraud and perjury, to quicken diligence and to prevent oppression.…