AI Overview...
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Right to Sue Accrues - Under Article 113 of the Limitation Act, the limitation period begins to run when the right to sue accrues, i.e., when the cause of action arises. Typically, this is the date when the defendant's act or omission occurs, which infringes the plaintiff's rights Kakodonga Tea Estate VS J. N. Saikia - Gauhati, Hazari VS Roop Narain - Punjab and Haryana.
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Applicability of Article 113 - This article applies to suits where the right to sue arises from an act or omission that is continuous or where the right is to be enforced against a specific act, such as declarations of void orders, dismissals from service, or recovery of professional fees Raghubir Jha VS State Of Bihar - Patna, STATE OF PUNJAB VS GURDEV SINGH AND ASHOK KUMAR - Orissa, T. Sambasiva Rao VS S. Bhadrappa - Andhra Pradesh.
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Limitation Period - The period prescribed under Article 113 is generally three years from the date the right to sue accrues. It is a residuary article, applicable when no other specific limitation period applies, and the limitation begins from the date when the cause of action arises or when the infringing act occurs Punjab State Through Collector VS Kulwinder Singh - Punjab and Haryana, Tallam Sambasivarao VS Sanisetti Bhadrayya - Andhra Pradesh, Sarupa VS Panchayati Akhara - Punjab and Haryana.
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Court's View - The accrual of the right to sue is often linked to specific events such as dismissal, illegal orders, or acts that violate rights, with the limitation period starting from these dates. The courts emphasize that the limitation period does not depend on when the plaintiff becomes aware of the cause but on when the cause of action arises or the infringing act occurs SUSHIL JAIN VS RITU JAIN - Delhi.
Analysis and Conclusion:
Article 113 of the Limitation Act stipulates that the limitation period for filing a suit begins when the right to sue accrues, typically at the time of the infringing act or when the cause of action arises. This period is generally three years and applies to various suits, including those for declarations, recovery of dues, or challenging void orders. The key point is that limitation starts from the date of the act or event that gives rise to the right, not from the date of knowledge or discovery.
Search Results for "Article 113 of Limitation Act when Right to Sue Accrues"
1972 0 Supreme(Gau) 69 • India - Gauhati
R.S.BINDRA
The period of limitation under Article 113 of the Limitation Act begins to run when the right to sue accrues, which is when there ... of limitation begins to run when the "right to sue accrues". ... LIMITATION ACT - ARTICLE 113 - PROFESSIONAL FEES - SUIT FOR RECOVERY - APPLICABILITY OF ARTICLE#HL_EN....
1981 0 Supreme(Pat) 14 • India - Patna
CHAUDHARY SIA SARAN SINHA
LIMITATION - ARTICLE 113 OF THE LIMITATION ACT, 1963 - DISMISSAL FROM SERVICE - RIGHT TO SUE ACCRUES FROM THE DATE OF DISMISSAL ... The suit was, therefore, barred by limitation under Article 113 of the Limitation Act, 1963. Issues: 1. ... Whether the suit was barred by limitation under Article 113 of the #HL....
1974 0 Supreme(P&H) 47 • India - Punjab and Haryana
PRITAM SINGH PATTAR
The court held that the limitation period under Article 120 of the Limitation Act, 1908 (now Article 113 of the Limitation Act, 1963 ... ) begins to run from the date when the right to sue accrues to the plaintiff. ... LIMITATION ACT - ARTICLE 120 - ADVERSE POSSESSION - SUIT FOR DECLARATION OF TITLE - LIMITATION STARTS FROM CL....
2023 0 Supreme(Bom) 1786 • India - Bombay
M. S. SONAK
Limitation Act, which allows for the period to be counted from when the right to sue accrues, not when it first accrues. ... , which governs the period of limitation for suits where the right to sue accrues. ... LIMITATION - RECTIFICATION OF SALE DEED - Limitation Act, 1963, Article 113; Code of Civil Procedure, 1908 ... (supr....
1995 0 Supreme(P&H) 663 • India - Punjab and Haryana
N.K.SODHI
and void was governed by Article 113 of the Limitation Act, which prescribes a period of three years when the right to sue accrues ... Ratio Decidendi: The suit for declaration of an order as illegal and void is governed by Article 113 of the Limitation Act ... , which prescribes a period of three years when the right to sue accrues. ... Such ....
2015 0 Supreme(Del) 1766 • India - Delhi
PRADEEP NANDRAJOG, MUKTA GUPTA
Limitation - Accrual of Right to Sue - Limitation Act, 1963 - Article 120, Article 113, Article 58 - The court discussed the accrual ... of the right to sue under the Limitation Act, emphasizing that the right to sue accrues when the defendant has clearly and unequivocally ... that limitation#HL_END....
1991 0 Supreme(Ori) 311 • India - Orissa
YOGESWAR DAYAL, V.RAMASWAMY, K.JAGANNATHA SHETTY
113 of the Limitation Act, 1963, which prescribes a period of three years from the date when the right to sue accrues. ... LIMITATION - SUIT FOR DECLARATION - DISMISSAL FROM SERVICE - VOID ORDER - LIMITATION ACT, 1963 - ARTICLE 113 - APPLICABILITY. ... Finding of the Court: The Supreme Court held that the suits were governed by Article 113 of the Lim....
1980 0 Supreme(AP) 352 • India - Andhra Pradesh
P.A.CHOUDHARY
the date when the right to sue accrues. ... Article 113 of the Limitation Act is a residuary Article and it applies not because of its own force but because there is no other ... ... Under Article 113 of the Limitation Act, limitation starts from
1980 0 Supreme(AP) 350 • India - Andhra Pradesh
P.A.CHOUDHARY
the date when the right to sue accrues. ... price had to be fixed with reference to a future date Article 113 of the Limitation Act is a rasideary Article and it applies not ... ... Under Article 113 of the Limitation Act, limitation starts from ... As Articles 14 and 15 are found not to be applicable to the facts of this case, we have to appl....
1998 0 Supreme(P&H) 614 • India - Punjab and Haryana
V.K.JHANJI
LIMITATION ACT - ARTICLE 113 - SUIT FOR DECLARATION - ORDER DECLARING LAND SURPLUS - VOID AB-INITIO - LIMITATION PERIOD - THREE ... of the Limitation Act and therefore, it must fall within the residuary Article. ... YEARS FROM DATE RIGHT TO SUE ACCRUES - RIGHT TO SUE ACCRUES WHEN ORDER PASSED OR WHEN RIGHT INFRINGED - SUIT FIL....
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