Limitation - Law Dictionary Search Results
Home Dictionary Name: limitationLimitation of actions and prosecutions
Limitation of actions and prosecutions. By various statutes, of which the first was 21 Jac. 1, c. 16, the (English) Limitation Act, 1623, and the principal succeeding ones, the Real Property Limitation Act, 1833 (3 & 4 Will. 4, c. 42), the (English) Civil Procedure Act (3 & 4 Will. 4, c. 27) [see Read v. Price, (1909) 2 KB 724], and 37 & 38 Vict. c. 57, the (English) Real Property Limitation Act, 1874, certain periods are fixed within which, upon the principle Interest reipublic' ut sit finis litium, particular actions must be brought or proceedings taken.In the case of simple contract the remedy on the contract is barred, leaving the creditor free to enforce his claims by other means which may be still available, such as enforcing a lien, subsequent acknowledgment by the debtor or appropriation of payments, but not by way of set-off (9 Geo. 4, c. 14, s. 3). In regard to land, the right to it is destroyed after the statutory period and neither re-entry nor acknowledgment after the laps...
Period of limitation
Period of limitation, connotes the period of years, months or days prescribed by law impassing limitation. It does not refer to a period after expiry of which no proceedings can be instituted, District Collector, Kottayam v. Cheriyan Marriamna, (1969) Ker LT 748.Means the period of limitation prescribed for any suit, appeal or application by the Schedule, and 'prescribed period' means the period of limitation computed in accordance with the provisions of this Act. [Limitation Act, 1963 (36 of 1963), s. 2 (j)]The 'period of limitation' is defined in s. 2(j) of the Limitation Act, 1963, and 'means the period of limitation prescribed for any suit, appeal or application by the Schedule, and 'prescribed period' means the period of limitation computed in accordance with the provisions of this Act'. Whenever, therefore, under s. 12 a prescribed period of limitation has to be computed certain days are permitted to be excluded in order that a person who desires to appeal is not put to any incon...
Executory limitation
Executory limitation. A limitation of a future interest by deed or will; if by will, it is also called an executory devise. The (English) Conveyancing Act, 1882 (45 & 46 Vict. c. 39), s. 10, restricted executory limitations of land contained in an instrument coming into operation after 1st January, 1883, by the enactment:'Where there is a person entitled to land for an estate in fee, or for a term of years absolute or determinable on life, or for term of life, with an executory limitation over on default or failure of all or any of his issue whether within or at any specified period of time or not, that executory limitation shall be or become void and incapable of taking effect, if and as soon as there is living any issue who has attained the age of 21 years, of the class on default or failure whereof the limitation over was to take effect.' See Re Booth, (1900) 1 Ch 768; Re Shrubb, 1910 WN 143.These provisions were re-enacted by s. 134 of the (English) Land Charges Act, 1925, and exte...
executory limitation
executory limitation : a limitation that creates an executory interest [a fee simple subject to an executory limitation] see also executory interest at interest ...
Question of limitation
Question of limitation, is a mixed question of fact and law and the suit does not appear to be barred by limitation on the face of it, then the facts necessary to prove limitation must be pleaded, an issue raised and then proved, Narne Rama Murthy v. Ravula Somasundarm, (2005) 6 SCC 614....
limitation
limitation 1 a : restriction [a on the rights of ownership] b : a statement or stipulation in a deed or will placing limits on the disposition of an estate or interest esp. in regard to duration or heirs see also word of limitation 2 : a certain period limited by statute after which actions or prosecutions cannot be brought in the courts see also statute of limitations ...
word of limitation
word of limitation :a word in a deed or will esp. following the name of an intended grantee or devisee that serves to describe the nature or extent of the estate granted or devised usu. used in pl. [construed “and his heirs” in “to John and his heirs” as words of limitation describing an estate in fee simple rather than as words of purchase giving a future interest in the estate to his heirs] compare word of purchase ...
Limitation
Limitation, restriction or circumspection; defining an estate or property; a certain time allowed by a statute for litigation. See next title.It (with its grammatical variations) means any limitation of the exclusive right to the use of a trade mark given by the registration of a person as proprietor thereof, including limitations of that right as to mode or area of use within India or outside India. [Trade Marks Act, 1999 (47 of 1999), s. 2 (1) (l)]...
Principle of limitation
Principle of limitation, means an extension of period of limitation, M.N. Shitole v. State, (1969) 2 SCC 723....
Limited liability
Limited liability. At Common Law every person is liable, upon his contracts, up to the whole amount of his estate, and every partner is so liable upon all the contracts of the partnership. So extensive a liability being apt to prevent persons from engaging in business as partners, the statutes authorizing the construction of railways, etc., have always limited the liability of each shareholder to the amount of the shares held by him. Similar limitations, extending in some cases to double the amount of shares held, have also long been found (though not universally) in the charters of incorporated banks and insurance companies.Companies Acts.--Under the Companies Acts, limited liability means that the members are not liable beyond the unpaid-up part (if any) of the nominal amount of the shares in respect of which they are registered in the books of the company. When a share has been fully paid up, no further liability exists. As to shares which have not been fully paid up, see CONTRIBUTO...
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