Advice

Is Limitation Act 1963 applicable to criminal cases?

Is Limitation Act 1963 applicable to criminal cases?

Justice Sanjay K. Agrawal observed that the applicability of Section 14(1) of the Limitation Act, 1963 is confined to suit and appeal or revision, it cannot be made applicable to criminal proceeding like revision.

What is the period of limitation for suits relating to contract under the Limitation Act 1963?

PART II – Suits relating to Contracts
SL.NO. DESCRIPTION OF SUIT PERIOD OF LIMITATION
30. On a bond subject to a condition Three years
31. On a bill of exchange or promissory-note payable at a fixed time after date. Three years
32. On a bill of exchange payable at sight, or after sight but not at a fixed time. Three years
READ ALSO:   Why do we use oil circuit breakers?

Can a plea of limitation be ignored by the court?

But for this provision, there is no statutory provision that bars other types of contractual clauses regarding limitation, such as clauses extending the period of limitation or even reviving them. Section 28 was amended in 1997 to bring about the above quoted provision.

Can a suit be filed beyond limitation?

Section 3 lays down that a suit, cu an appeal, or an application filed beyond the prescribed period of limitation shall be dismissed, although limitation has not been pleaded as a defense. Objection as to limitation can be taken at any stage of a suit a or proceeding including the appellate state.

Is section 5 of limitation Act applicable to criminal cases?

As already stated, Section 5 has been held to be applicable to Criminal appeals including appeals filed under Section 417(1), Criminal Procedure Code, The only question to be decided is, whether Section 5 applies also to an application for special leave to appeal under the amended Section 417(4), Criminal Procedure …

READ ALSO:   What is non-human traffic?

What is the limitation period for criminal cases?

In case of the offence is punishable with imprisonment for a term exceeding one year but not exceeding three years, the limitation period is 3 year. But in some cases there are provisions of exclusion of time. As per Section 473 of CRPC the limitation period can be extended in some cases.

What is the object of Limitation Act, 1963?

(2) Where a person against whom, if he were living, a right to institute a suit or make an application would have accrued dies before the right accrues, or where a right to institute a suit or make an application against any person accrues on the death of such person, the period of limitation shall be computed from the …

What are the scope of Limitation Act, 1963?

The main objective of the The LA,1963 is to provide a specific time frame within which a person can file a suit in a court. If such law are not enacted then it will lead to never ending litigation as the person could file a suit for the cause of action which was done many years back.

READ ALSO:   Which philosopher gives the idea of change?

What are the salient features of Limitation Act, 1963?

One of the main salient feature of the Limitation Act, 1963 is that it has to avoid the illustration on the suggestion given by the Third Report of the Law Commission on the Limitation Act of 1908 as the illustration which are given are most of the time unnecessary and are often misleading.

What are the scope of Limitation Act 1963?

What is the object of Limitation Act 1963?

What are the general provisions of Limitation Act, 1963?

The Limitation Act, 1963 provides that when the time obtained for obtaining such consent shall be excluded for computing the period of limitation for filing such suits.