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Questions and Answers
What does the Limitation Act, 1963 primarily deal with?
What does the Limitation Act, 1963 primarily deal with?
Under what circumstances does the Act allow for the extension of the prescribed time period?
Under what circumstances does the Act allow for the extension of the prescribed time period?
In what situations can the time period mentioned in instruments be computed?
In what situations can the time period mentioned in instruments be computed?
How does the Act address the effect of death on the accrual of the right to sue?
How does the Act address the effect of death on the accrual of the right to sue?
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Under what circumstances does the Act exclude time in certain cases?
Under what circumstances does the Act exclude time in certain cases?
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What does the term 'easement' refer to in the context of the Limitation Act, 1963?
What does the term 'easement' refer to in the context of the Limitation Act, 1963?
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What is the meaning of 'good faith' as defined in the Limitation Act, 1963?
What is the meaning of 'good faith' as defined in the Limitation Act, 1963?
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In the context of the Limitation Act, 1963, what does the term 'foreign country' mean?
In the context of the Limitation Act, 1963, what does the term 'foreign country' mean?
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What is included in the definition of 'plaintiff' in the Limitation Act, 1963?
What is included in the definition of 'plaintiff' in the Limitation Act, 1963?
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What does the term 'applicant' include as per the definitions in the Limitation Act, 1963?
What does the term 'applicant' include as per the definitions in the Limitation Act, 1963?
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What is the term 'easement' defined as in the context of the Limitation Act, 1963?
What is the term 'easement' defined as in the context of the Limitation Act, 1963?
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What does the term 'foreign country' mean as per the definitions in the Limitation Act, 1963?
What does the term 'foreign country' mean as per the definitions in the Limitation Act, 1963?
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In the Limitation Act, 1963, what does the term 'good faith' refer to?
In the Limitation Act, 1963, what does the term 'good faith' refer to?
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What is included in the definition of 'applicant' as per the definitions in the Limitation Act, 1963?
What is included in the definition of 'applicant' as per the definitions in the Limitation Act, 1963?
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Under what circumstances does the Act exclude time in certain cases according to the Limitation Act, 1963?
Under what circumstances does the Act exclude time in certain cases according to the Limitation Act, 1963?
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In the Limitation Act, 1963, what is the effect of fraud or mistake on the accrual of the right to sue?
In the Limitation Act, 1963, what is the effect of fraud or mistake on the accrual of the right to sue?
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What is the effect of continuous breaches and torts on the limitation period for filing a suit?
What is the effect of continuous breaches and torts on the limitation period for filing a suit?
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Under what circumstances does the Act allow for the exclusion of time in legal proceedings?
Under what circumstances does the Act allow for the exclusion of time in legal proceedings?
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What is the effect of payment on account of debt or interest on legacy on the accrual of the right to sue?
What is the effect of payment on account of debt or interest on legacy on the accrual of the right to sue?
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What is the effect of substituting or adding a new plaintiff or defendant on the limitation period for filing a suit?
What is the effect of substituting or adding a new plaintiff or defendant on the limitation period for filing a suit?
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Study Notes
Limitation Act, 1963 Overview
- Primarily regulates the time limits for initiating legal proceedings, ensuring that lawsuits are filed within specific periods.
- Aims to provide certainty and finality to disputes by preventing the revival of stale claims.
Extension of Time Period
- Time limits may be extended under circumstances involving sufficient cause for delay, such as illness or unforeseen events.
Computation of Time Period
- Time periods mentioned in instruments can be computed from the date of dispossession, refusal of rights, or other relevant events triggering the right to sue.
Effect of Death on Right to Sue
- If a plaintiff dies before the limitation period ends, their legal representatives can continue the suit without losing the accrued right to sue.
Exclusion of Time in Certain Cases
- The Act excludes time in cases where the defendant is absent from India, or the plaintiff is a minor or mentally incapacitated.
Definition of 'Easement'
- 'Easement' refers to a right for the benefit of land, to use another's land for a specific purpose, as recognized under the Limitation Act.
Meaning of 'Good Faith'
- 'Good faith' implies honesty of intent, without taking advantage of the rights of others in the context of legal proceedings.
Definition of 'Foreign Country'
- 'Foreign country' refers to any country outside India, affecting the computation and applicability of limitation periods.
Definition of 'Plaintiff'
- The term 'plaintiff' includes any person who initiates a suit or is considered to be the party initiating a legal action according to the Act.
Definition of 'Applicant'
- The term 'applicant' refers to any individual making a formal request or application in legal proceedings, encompassing various legal contexts.
Effect of Fraud or Mistake
- Fraud or mistake can extend the time for filing suits, as the accrual of the right to sue may be delayed until the aggrieved party discovers the fraud or mistake.
Continuous Breaches and Torts
- Continuous breaches or torts allow for a new limitation period to start with each occurrence, enabling ongoing claims to be pursued.
Exclusion of Time in Legal Proceedings
- Time may be excluded in legal proceedings if there are instances of legal disability, like insanity or minority, or pending negotiations that lead to delays.
Payment on Account of Debt
- Part payments towards a debt or legacy can reset the limitation period, allowing the creditor the right to sue for the remaining balance.
Substituting or Adding Parties
- The addition or substitution of new plaintiffs or defendants can affect the limitation period, provided it does not exceed the original time limit stipulated by the Act.
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Description
Test your knowledge about the sections and arrangements of the Limitation Act, 1963. This quiz covers the preliminary, limitation of suits, appeals, and applications, as well as special exceptions and continuous running of time.
