Bare Act Search Results

Limitation Act, 1963 (36 of 1963) Section 13

Title: Exclusion of Time in Cases Where Leave to Sue or Appeal as a Pauper is Applied for

State: Central

Year: 1963

In computing the period of limitation prescribed for any suit or appeal in any case where an application for leave to sue or appeal as a pauper has been made and rejected, the time during which the applicant has been prosecuting in good faith his application for such leave shall be excluded, and the court may, on payment of the court fees prescribed for such suit or appeal, treat the suit or appeal as having the same force and effect as if the court fees had been paid in the first instance.

The Limitation Act, 1963 Complete Act

State: Central

Year: 1963

.....31-8-1967).2 Orissa Act 24 of 1967, S 3 (w.e.f. 31-8-1967). SECTION 29: SAVINGS (1) Nothing in this Act shall affect section 25 of the Indian Contract Act, 1872 (9 of 1872). (2) Where any special or local, law prescribes for any suit, appeal or application a period of limitation different from the period prescribed by the Schedule, the provisions of section 3 shall apply as if such period were the period prescribed by the Schedule and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law, the provisions contained in sections 4 to 24 (inclusive) shall apply only in so far as, and to the extent to which, they are not expressly excluded by such special or local law. (3) Save as otherwise provided in any law for the time being in force with respect to marriage and divorce, nothing in this Act shall apply to any suit or other proceeding under any such law. (4) Sections 25 and 26 and the definition of "easement" in section 2 shall not apply to cases arising in the territories to which the Indian Easements Act, 1882 (5 of 1882) may for the time being extend. SECTION 30: PROVISION FOR SUITS, ETC., FOR WHICH.....

Limitation Act, 1963 (36 of 1963) Part II

Title: Limitation of Suits, Appeals and Applications

State: Central

Year: 1963

.....satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period. 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. Section 6 - Legal disability (1) Where a person entitled to institute a suit or make an application for the execution of a decree is, at the time from which the prescribed period is to be reckoned, a minor or insane, or an idiot, he may institute the suit or make the application within the same period after the disability has ceased, as would otherwise have been allowed from the time specified therefor in the third column of the Schedule. (2) Where such person is, at the time from which the prescribed period is to be reckoned, affected by two such disability, or where, before his disability has ceased, he is affected by another disability, he may institute the suit or make the application within the same period after both disabilities have ceased, as would otherwise have been allowed from the time so specified. .....

Limitation Act, 1963 (36 of 1963) Section 3

Title: Bar of Limitation

State: Central

Year: 1963

(1) Subject to the provisions contained in sections 4 to 24 (inclusive), every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed although limitation has not been set up as a defence. (2) For the purposes this Act-- (a) a suit is instituted-- (i) in an ordinary case, when the plaint is presented to the proper officer; (ii) in the case of a pauper, when his application for leave to sue as a pauper is made; and (iii) in the case of a claim against a company which is being wound up by the court, when the claimant first sends in his claim to the official liquidator; (b) any claim by way of a set off or a counter claim, shall be treated as a separate suit and shall be deemed to have been instituted-- (i) in the case of a set off, on the same date as the suit in which the set off is pleaded; (ii) in the case of a counter claim, on the date on which the counter claim is made in court; (c) an application by notice of motion in a High Court is made when the application is presented to the proper officer of that court.

Limitation Act, 1963 (36 of 1963) Part III

Title: Computation of Period of Limitation

State: Central

Year: 1963

.....of any interest during the pendency of a suit or where a plaintiff is made a defendant or a defendant is made a plaintiff. Section 22 - Continuing breaches and torts In the case of a continuing breach of contract or in the case of a continuing tort, a fresh period of limitation begins to run at every moment of the time during which the breach or the tort, as the case may be, continues. Section 23 - Suits for compensation for acts not actionable without special damage In the case of a suit for compensation for an act which does not give rise to a cause of action unless some specific injury actually results therefrom, the period of limitation shall be computed from the time when the injury results. Section 24 - Computation of time mentioned in instruments All instruments shall for the purposes of this Act be deemed to be made with reference to the Gregorian calendar.

Limitation Act, 1963 (36 of 1963) Schedule 1

Title: The Schedule

State: Central

Year: 1963

..... second division---appeals 114. Appeal from an order of acquittal -- (a) under sub-section (1) or sub-section (2) of section 417 of the Code of Criminal Procedure, 1898 (5 of 1898). Ninety days The date of the order appealed from. (b) under sub-section (3) of section 417 of the Code. Thirty days The date of the grant of special leave. 115. Under the Code of Criminal Procedure, 1898 (5 of 1898) (a) from a sentence of death passed by a court of session or by a High Court in the exercise of its original criminal jurisdiction. Thirty days The date of the sentence. (b) from any other sentence or any order not being an order of acquittal -- (i) to the High Court. Sixty days The date of the sentence or order. (ii) to any other court. Thirty days The date of the sentence or order. 116. Under the Code of Civil Procedure, 1908 (5 of 1908),-- (a) to a High Court from any decree or order. .....

Limitation Act, 1963 (36 of 1963) Complete Act

Title: Limitation Act, 1963 (36 of 1963)

State: Central

Year: 1963

.....of fraud or mistake Section18 - Effect of acknowledgment in writing Section19 - Effect of payment on account of debt or of interest on legacy Section20 - Effect of acknowledgment or payment by another person Section21 - Effect of substituting or adding new plaintiff or defendant Section22 - Continuing breaches and torts Section23 - Suits for compensation for acts not actionable without special damage Section24 - Computation of time mentioned in instruments Part IV Section25 - Acquisition of easement by prescription Section26 - Exclusion in favour of reversioner of serIvent tenement Section27 - Extinguishment of right to property Part V Section28 - Amendment of certain Acts [Repealed] Section29 - Savings Section30 - Provision for suits, etc., for which the prescribed period is shorter than the period prescribed by the Indian Limitation Act, 1908 Section31 - Provisions as to barred or pending suits, etc. Section32 - Repealed Schedule1 - THE SCHEDULE