Limitation Act
21
Aug 2023
Jurispurdence S
Introduction
(Lecture 2)
Introduction
Jurispurdence
The law
philosphy of
love
for logic/reasoning
· Latin Maxime
ubi
jus ibi remedium
Right there
remedy.
Where
enforcement I o
Rints.
Right
If bank has given loan to
Mr.x, then
that
has
Money
to
bank right
recover
Remedy
It means enforcement of Right.
i) Self help legal
ii)
Remedy
Ex: Lenforcement
forget
A
that
through Court)
hehas taken loan
from bank she
ex-To file suit
deposited
in the money
bank
for
recovery of
Bank
all
can
his
deduct
money.
Money.
B
auto deduct
y bank
has enforced his
light.
Ex:
If car had been
kept collateral, the
bank could sell it
But whenever will talk
about
remedy
we
we will talk about legal Remedy.
2
Passage/efflux/flow of time
time two categories
with the passage of
come forward.
of law
Law
Law of limitation of Prescription
after expiryof time
offer expiry of
some
Right
LegalRemedy
will create Extinct
barred.
Acquisition Extinguish
ex-In abovementioned ex-bank has no
example bank can't egut to
recover
file suit.
Right is exting
Remedy is
extinguished nished.
3 The limitation Act, 1963 contain
i.e
both the provision
Law limitation law
of Prescription
of
S.3-5.24 5.25,5.265
5.27
y imitation act is both Procedural
and substantive law.
Law
Procedural/ Bubstantive
adjective
Court
Ront's liability
procedure
Legal Remedy.
Limitation Act
5
is lex fori (s.11)
Law of forum/count
6 "Sometime" Period of limitation
prescribed period
law time
By
How Much
Matter of
prerogative of
Policy Legislation
By act
of
parliament
I can't be decided
court
by
or
parties)
(i) can decease the
parties period of
limitation
by agreement/waiver
Estoppel?
No.
Ex:Atook loan from B.
to
made agreement
They
Return
money
within
period
of 1 mouth.
due to
This
agreement is void
5.28(a)
of Indian Contract act,
1872.
There is no
estoppel against the
* tatute.
(i)can parties increase the period of
agreement?
limitation
by
No, because
of the 6.23 of
Act, 1872.
Indian Contract
(any
against public
agreement policy
is void)
D. Can
parties prescribe
time
the for
of Arbitration within
appointment
120
days).
No.
Jurisprudential Essence/Principles basis
Q. there shall be a law
of limitation?
Why
i courts (God), helps those who
help
themselves.
DO NOT SLEEP OVER YOUR RIGHTS.
dormitibus juna subvenient
vigilantibus nor
not dormant law Servey
vigilent assist.
is Private indivinal Cause
interest
action
Stale
of
evidence lost
certainity.
Public interest.
interest
republicant
sit
finis litium
finish
S
interest State is
litigation
iii Balance interest of two indivinals.
Ex:.'A wants to file case against
B. B's interest is that A
files case as soon as
possible
so that he don't have to
keep evidence while,
A's interest is to get
Relief.
A /S B
↓
Relief time
I
Risk of Balance
injustice policy.
Relaxation
Exclusion
Exception
hard
Limitation is
act not and
fast
absolute, there
i.e not are lot
of
Exclusions.
Relaxation Exception &
in
the balance between
Therefore keeps indivinals.
interest
of two
in Best, chief Justice in A count yIs
cross [1825], held: -
Limitation Actis an
of
act
'peace
dormant claims have
or
of 'repose' long
than justice.
Often more
cruelty