The book covers the essential latest case law and legislative amendments. It includes discussion on the applicability/non applicability of the Limitation Act to the Wakf Board Act, Payment of Wages Act (IV) of 1936, the Customs Act, the Hindu Marriage Act, the Contempt of Courts Act and certain criminal statutes. Also contains in-depth discussion on applicability of s. 18 of the Limitation Act to s. 138 of the Negotiable Instruments Act. A detailed discussion on the recent trends on the concept of adverse possession has been included. The drafting errors in the Act have been pointed out and suggestions have been made for amendments. An up-to-date index is also provided for ready reference.
Table of Contents * General Contents * General Contents * Title Page iii * Preface to the thirteenth edition v * Preface to the twelfth edition vi * Preface to the eleventh edition vii * Preface to the tenth edition viii * Preface to the ninth edition ix * Preface to the eighth edition x * Preface to the seventh edition xi * Contents xxv * Consolidated Table of Cases (Printed in Volume 1 only) lix * Consolidated Subject Index (Printed in both the Volumes) 1-180
Volume 1 * (Sections 1 To 32 and Articles 1 to 55) * Introduction * Part I * Preliminary * SECTION PAGE * S. 1 Short title, extent and commencement * S. 2 Definitions * Part II * Limitation of Suits, Appeals and * Applications * S. 3 Bar of Limitation * S. 4 Expiry of prescribed period when court is closed * SECTION PAGE * S. 5 Extension of prescribed period in certain cases * S. 6 Legal disability * S. 7 Disability of one of several persons * S. 8 Special exceptions * S. 9 Continuous running of time * S. 10 Suits against trustees and their representatives * S. 11 Suits on contracts entered into outside the territories to which the Act extends
Part III * Computation of Period of Limitation
Part V * Miscellaneous * S. 28 [Amendment of certain Acts.—Repealed by the Repealing and Amending Act, 1974 (56 of 1974), Section 2 and First Schedule.]
SECTION PAGE * S. 29 Savings * S. 30 Provision for suits, etc., for which the prescribed period is shorter than the period prescribed by the Indian Limitation Act, 1908
S. 31 Provisions as to barred or pending suits, etc. * S. 32 [Repeal.]—Repealed by the Repealing and Amending Act, 1974 (Act, 56 of 1974). Section 2 and Schedule I with ef-fect from 20th December, 1974
The Schedule * First Division—Suits Part I * Suits Relating to Accounts * ARTICLE PAGE * Art. 1 For the balance due on a mutual, open and current account, where there have been reciprocal demands between the parties
Art. 2 Against a factor for an account * Art. 3 By a principal against his agent for movable property re-ceived by the latter and not accounted for * Art. 4 Other suits by principals against agents for neglect or mis-conduct * Art. 5 For an account and a share of the profits of a dissolved part-nership
Part II * Suits relating to Contract
Volume 2 * (Article 56 to End) * Part III * Suits relating to Declarations
Part IV * Suits relating to Decrees and Instruments * Art. 59 To cancel or set aside an instrument or decree or for the rescission of a contract * Art. 60 To set aside a transfer of property made by the guardian of a ward * Part V * Suits relating to Immovable Property * Art. 61 By a mortgagor * Art. 62 To enforce payment of money secured by a mortgage or oth-erwise charged upon immovable property * Art. 63 By a mortgagee * Art. 64 For possession of immovable property based on previous possession and not on title, when the plaintiff while in possession of the property has been dispossessed * 1380 * Art.65 For possession of immovable property or any interest herein based on title * Art. 66 For possession of immovable property when the plaintiff has become entitled to possession by reason of any forfeiture or breach of condition * Art. 67 By a landlord to recover possession from a tenant * Part VI * Suits relating to Movable Property * Art. 68 For specific movable property lost, or acquired by theft, or dishonest misappropriation or conversion * Art. 69 For other specific movable property * ARTICLE PAGE * Art. 70 To recover movable property deposited or pawned from a depositary or pawnee * Art. 71 To recover movable property deposited or pawned, and af-terwards bought from the depositary or pawnee for a valuable consideration * Part VII * Suits Relating to Tort * ARTICLE PAGE * Part VIII * Suits relating to Trusts and Trust Property
Part IX * Suits relating to Miscellaneous Matters Art. 100 To alter or set aside any decision or Order of a civil court in any proceeding other than a suit or any act or order of an officer of Government in his official capacity * Art. 101 Upon a judgment including a foreign judgment or a recogni-sance * Art. 102 For property which the plaintiff has conveyed while insane * Art. 103 To make good out of the general estate of a deceased trustee the loss occasioned by a breach of trust
ARTICLE PAGE * Art. 104 To establish a periodically recurring right * Art. 105 By a Hindu for arrears of maintenance * Art. 106 For a legacy or for a share of a residue bequeathed by a testator or for a distributive share of the property of an intestate against an executor or an administrator or some other person legally charged with the duty of distributing the estate * Art. 107 For possession of a hereditary office * Art. 108 Suit during the life of a Hindu or Muslim female by a Hindu or Muslim who, if the female died at the date of instituting the suit, would be entitled to the possession of land, to have an alienation of such land made by the female declared to be void except for her life or until her re-marriage * Art. 109 By a Hindu governed by Mitakshara law to set aside his fa-ther’s alienation of ancestral property * Art. 110 By a person excluded from a joint family property to enforce a right to share therein * Art. 111 By or on behalf of any local authority for possession of any public street or road or any part thereof from which it has been dispossessed or of which it has discontinued the pos-session * Art. 112 Any suit (except a suit before the Supreme Court in the exercise of its original jurisdiction) by or on behalf of the Central Government or any State Government, including the Government of the State of Jammu and Kashmir * Part X * Suits for which there is no Prescribed Period * Art. 113 Any suit for which no period of limitation is provided else-where in this Schedule 2111 * Second Division—Appeals * Art. 114 Appeal from an order of acquittal * Art. 115 Under the Code of Criminal Procedure, 1898 (5 of 1898) * Art. 116 Under the Code of Civil Procedure, 1908 (5 of 1908) * Art. 117 From a decree or order of any High Court to the same Court * Third Division—Applications
Part 1 * Applications in Specified Cases * ARTICLE PAGE * Art. 118 For leave to appear and defend a suit under summary procedure * 2241 * Art. 119 Under the Arbitration Act, 1940 (10 of 1940) * Art. 120 Under the Code of Civil Procedure, 1908 (5 of 1908), to have the legal representative of a deceased plaintiff or appellant or of a deceased defendant or respondent made a party * Art. 121 Under the same Code for an order to set aside an abatement * Art. 122 To restore a suit or appeal or application for review or revision dismissed for default of appearance or for want of prosecution or for failure to pay costs of service of process or to furnish security for costs * Art. 123 To set aside a decree passed expiate or to rehear an appeal decreed or heard ex parte * Art. 124 For a review of judgment by a court other than the Supreme Court * Art. 125 To record an adjustment or satisfaction of a decree * Art. 126 For the payment of the amount of a decree by installments * Art. 127 To set aside a sale in execution of a decree, including any such application by a judgment debtor * Art. 128 For possession by one dispossessed of immovable property and disputing the right of the decree-holder or purchaser at a sale in execution of a decree * Art. 129 For possession after removing resistance or obstruction to delivery of possession of immovable property decreed or sold in execution of a decree * Art. 130 For leave to appeal as a pauper * Art. 131 To any court for the exercise of its powers of revision under the Code of Civil Procedure, 1908 (4 of 1908), or the Code of Criminal Procedure, 1898 (5 of 1898) * Art. 132 To the High Court for a certificate of fitness to appeal to the Supreme Court under clause (1) of Article 132, Article 133 or sub-clause (c) of clause (1) of Article 134 of the Constitution or under any other law for the time being in force * ARTICLE PAGE * Art. 133 To the Supreme Court for special leave to appeal * Art. 134 For delivery of possession by a purchaser of immovable property at a sale in execution of a decree * Art. 135 For the enforcement of a decree granting a mandatory injunction * Art. 136 For the execution of any decree (other than a decree granting a mandatory injunction) or order of any civil court * Part II * Other Applications * Art. 137 Any other application for which no period of limitation is provided elsewhere in this division * Appendices * App. I The Limitation Bill, 1962 * App. II The Indian Limitation Act, 1908 —The First Schedule * App. III The Economic Offenses (Inapplicability of Limitation) Act, 1974 2609 App. IV The Code of Criminal Procedure, 1973 * Annex. I Dishonored Cheque issued by a Debtor Towards an Existing Debt, Whether Will Save Limitation Under Section 18 or Section 19 of the Limitation Act, 1963? * Annex. II Law of Adverse Possession in India—Recent Trends Unsettling the Law * Annex. III S.A. Rasheed v. R.K. Kamalakaran—A Critique * Annex. IV A Note on V.T. Doraisamy V. Five Gori Thaikal Wakf (Wakf Alienations) * Annex. V Right and Remedy of the Court Auction-Purchaser of Immovable Property—A Legal Conundrum * Subject-Index 1-180
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U N Mitra's Law of limitation and prescription- 2 Vols.
