The Limitation Act 1908 is a piece of legislation that establishes the time limits within which legal proceedings must be brought in order to be considered valid. It applies to civil cases in the United Kingdom, including claims for damages, breach of contract, and other disputes that do not involve criminal proceedings.
Under the Act, different time limits apply to different types of cases. For example, claims for damages arising from personal injury must be brought within three years of the date of the injury, while claims for breach of contract must be brought within six years of the date of the breach. There are also provisions for cases involving latent damage, where the injury or damage is not immediately apparent, in which the time limit may be extended to three years from the date on which the injury or damage was discovered.
The purpose of the Limitation Act 1908 is to encourage the prompt resolution of disputes and to prevent parties from bringing claims after an unreasonable amount of time has passed. It is designed to balance the need for justice with the principle of finality, ensuring that cases are not dragged on indefinitely and that parties are not held accountable for events that took place a long time ago.
One of the main provisions of the Act is the "discovery rule," which states that the time limit for bringing a claim begins to run from the date on which the injury or damage was discovered, or could reasonably have been discovered. This is intended to protect parties who may not be aware of the injury or damage at the time it occurred, and to ensure that they are not disadvantaged by the time limit.
There are also provisions in the Act for cases where the time limit has expired, but the court has the discretion to allow a claim to proceed
LIMITATION ACT 1908
Any fact observed by a legal adviser in the course of his or her engagement which shows that a crime or fraud has been committed since his or her engagement by the client is not protected under this provision. While evidence from an expert is subject to consideration like any other evidence, it should be treated with great caution Sheikh Salim Uddin v Ataur Rahman, 43 DLR 18: 11 BDL 336. In general, the parties should take care at each step of civil proceedings. Residuary Article 120, providing for a period of limitation of 6 years from the time when the right to sue accrues in respect of a suit for which no period of limitation is provided elsewhere in the first schedule, will be applicable to a suit for maintenance under ordinance of 1985. The applicability of this section is limited to suits and applications only and does not apply to appeals unless the case fell within any of the exceptions provided in the Act itself. The plaintiff proves that the right was peaceably and openly enjoyed by him, claiming title thereto as an easement and as of right, without interruption from 1st January, 1890 to 1st January, 1910.
THE LIMITATION ACT, 1908
Limitation Act will run according to Article 113 of the Limitation Act from the date when the plaintiff noticed that the performance of the contract is refused, and the suit is to be filed within 3 years from the date of the first refusal. Three years When the plaintiff is first refused the enjoyment for the right. Thirty years When the period of limitation would begin to run under this Act against a like suit by a private person. The appellate court must consider both points of law and points of fact in its judgment of appeal. When no one is capable for instituting the suit, then the limitation period has not commenced. A's representative in interest has, under the ordinary law, nine years from the date of A's death within which to bring a suit. It is a procedural law.
LIMITATION ACT, 1908, CASES
Further, Article 109 of the Constitution provides that the High Court Division shall have superintendence and control over all courts and tribunals subordinate to it. The contents of documents may be proved by primary or secondary evidence, according to Section 61 of the act. After being reasonably satisfied, the court officer will issue a serial number for the suit and will enter the suit in the Register of Suits. The Limitation Act 1908 also applies to criminal cases and sets out time limits for bringing criminal charges. Once a plaint is taken to the court, the court officer will examine whether the relief claimed has been properly valued, the court fees have been duly paid and so on. Twelve years The date of the alienation. Extinguishments of right to property - At the determination of the period hereby limited to any person for instituting a suit for possession of any property, his right to such property shall be extinguished.
Limitations Act 1908
I find that there are satisfactory grounds present in the case for condemning the delay. The State 15 BLT HCD -96 Section-5 Delay of 5187 days -the Petitioner was unaware about the case, he came to know of the proceeding when he was arrested on B8. Explanation — The fact that the appellant or the applicant was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section 6. The petition was filed on 31. It applies to a wide range of civil actions, including contract disputes, personal injury claims, and property disputes. When limitation is specially fixed in a written instrument, the date so fixed shall determine the period of limitation.
The Limitation Act 1908 MCQs
Three years When the alleged adoption becomes known to the plaintiff. Against one who, having a right to use property for specific purposes, perverts it to other purposes. Our top tip is to appoint experienced and expert legal counsel who can take ownership of the case, provide authentic and optimal legal advice and take the best course of action to resolve the dispute. Explanation: The acknowledgment of liability shall be signed at the time of expiration by the party against whom the right is claimed and then the limitation period shall be calculated from the date of acknowledgement. It provides 3 years from the time when fraud comes known to the party w rouged. For example, Section 4 of the Family Courts Ordinance, 1985 provides for the establishment of family courts to entertain, try and dispose of any suits subject to the provisions of the Muslim Family Laws Ordinance, 1961 relating to or from all or any matters relating to the dissolution of marriage, the restitution of conjugal rights, dower, maintenance or guardianship.
