AI Overview...
- Limitation Act Art. 58 - Main points and insights:
- Art. 58 pertains to suits for declaration of rights, such as declaration of date of birth, title, or ownership.
- The period of limitation generally begins when the right to sue accrues, often from the date of the cause of action or a clear, unequivocal event (e.g., date of wrongful recording, breach, or unlawful act) Nizam Sugar Factory Ltd. , Shakkamagar, Bodhan VS Sarfaras Baig - Andhra Pradesh, BHARAT SINGH VS KUNWAR SINGH - Madhya Pradesh, Devaki VS State of Kerala - Kerala.
- Courts have held that if a suit is filed after the expiration of the limitation period prescribed by Art. 58, it is barred and deemed hopelessly barred by limitation, rendering the suit not maintainable Nizam Sugar Factory Ltd. , Shakkamagar, Bodhan VS Sarfaras Baig - Andhra Pradesh, Devaki VS State of Kerala - Kerala, Meenatchinathan VS Chairman NLC Ltd. - Madras.
- The limitation period under Art. 58 is typically three years from the date when the cause of action arises or when the right to sue becomes clear and enforceable Daya Singh VS Gurdev Singh (Dead) by L. Rs. - Supreme Court, Basanti @ Basantirani Jena VS State of Odisha - Orissa.
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The applicability of Art. 58 is subject to specific facts, such as the nature of the suit (e.g., declaration of title, correction of records, or challenge to land settlement) Basanti @ Basantirani Jena VS State of Odisha - Orissa, Devaki VS State of Kerala - Kerala.
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Analysis and Conclusion:
- Art. 58 of the Limitation Act sets a three-year limitation period for filing suits for declaration of rights or title, starting from the date the right accrues or when the cause of action becomes unequivocal.
- If the suit is filed after this period, it is barred by limitation and not maintainable, as courts will dismiss on this ground Nizam Sugar Factory Ltd. , Shakkamagar, Bodhan VS Sarfaras Baig - Andhra Pradesh, Devaki VS State of Kerala - Kerala, Meenatchinathan VS Chairman NLC Ltd. - Madras.
- Proper determination of the limitation period depends on identifying the date when the cause of action or right became clear, and courts have emphasized the importance of this date in assessing timeliness BHARAT SINGH VS KUNWAR SINGH - Madhya Pradesh, Devaki VS State of Kerala - Kerala.
- The application of Art. 58 is consistent across various types of suits, including those related to land records, title, and declaration of birth, with the limitation period uniformly being three years from the accrual of the right Daya Singh VS Gurdev Singh (Dead) by L. Rs. - Supreme Court, Basanti @ Basantirani Jena VS State of Odisha - Orissa.
References: - Nizam Sugar Factory Ltd. , Shakkamagar, Bodhan VS Sarfaras Baig - Andhra Pradesh - Basanti @ Basantirani Jena VS State of Odisha - Orissa - BHARAT SINGH VS KUNWAR SINGH - Madhya Pradesh - Devaki VS State of Kerala - Kerala - MANUEL VIVERA VS UNION OF ANGLO INDIAN ASSOCIATIONS - Kerala - SESHUMULL M. SHAH VS SAYED ABDUL RASHID - Karnataka - Raghubir Jha VS State Of Bihar - Supreme Court - Daya Singh VS Gurdev Singh (Dead) by L. Rs. - Supreme Court - Meenatchinathan VS Chairman NLC Ltd. - Madras - Nagorao VS Narayan - Bombay
Search Results for "Limitation Act Art 58"
2003 0 Supreme(AP) 1076 • India - Andhra Pradesh
C.Y.SOMAYAJULU
LIMITATION ACT, Art.58 - Suit for declaration of date of birth - Plaintiff contends that his age is arbitrarily fixed as ... eyes to law of limitation - Sec.3 of Limitation Act empowers Court dismissing proceeding on ground of limitation though it ... .58, hopelessly barred by limitation - Suit not maintainable on ground of limitation. ... So the period of limitation#H....
2015 0 Supreme(Ori) 599 • India - Orissa
D.DASH
ODISHA SURVEY AND SETTLEMENT ACT, 1958 - Sec. 42 - Limitation Act - Art. 58 - In a suit based on antecedent title, when the Court ... . 58 of the Limitation Act and also as prescribed in Sec.42 of the OSS Act, he cannot be shown the door exit and cannot be non-suited ... call in question the wrong recording of the suit land in the Settlement operation within a period of three years as prescribed in Art ... a period....
1991 0 Supreme(MP) 107 • India - Madhya Pradesh
R.C.LAHOTI
Issues: Whether the suit was barred by limitation under Art. 58 of the Limitation Act, 1963. ... It is only the later which would set on start of limitation under Art. 58 of the Limitation Act, 1963. ... LIMITATION ACT, 1963 - ART. 58 - SUIT FOR DECLARATION OF TITLE - LIMITATION STARTS FROM THE DATE OF CLEAR AND UNEQUIVOCAL T....
1999 0 Supreme(Ker) 423 • India - Kerala
K.A.ABDUL GAFOOR
Limitation - Land Acquisition - Res Judicata - [Art.58 of the Limitation Act, 1963, S.75(3) of the Kerala Land Reforms Act, 1963 ... Ratio Decidendi: The court held that the suit was beyond the period of limitation in terms of Art.58 of the Limitation Act ... The court analyzed the applicability of Art.58 of the Limitation Act#HL_END....
2016 0 Supreme(Ker) 295 • India - Kerala
P.B.SURESH KUMAR
Limitation Act 1963 - Art. 58 - Limitation Act 1908 - Art.120 - Whether suit is based on multiple causes ... of the Limitation Act, 1963, the Legislature has made a departure from the language used in Article 120 of the Limitation Act, 1908 ... of action - Whether period of limitation will begin to run from the date when the right to sue first accrues - Held, Article 58....
1990 0 Supreme(Kar) 409 • India - Karnataka
B.P.SINGH
Ratio Decidendi: The suit was governed by Art. 65 of the Limitation Act, not Art. 58. ... Issues: Limitation period, fraudulent transfer, ostensible ownership, protection of S. 41 of the Transfer of Property Act ... Finding of the Court: The trial and appellate courts found in favor of the plaintiff, holding that the suit was not barred by limitation ... The suit was governed by Art. 58 and not by Art#H....
1983 0 Supreme(SC) 363 • India - Supreme Court
V.BALAKRISHNA ERADI, P.N.BHAGWATI
Limitation Act - Art - 58 - Suit challenging the order of discharge as null & void - Appeal and Revision filed ... Since the only ground on which the appellant had lost before the first appellate court was the ground of limitation, the appellant contended before the High Court that the ground of limitation had been wrongly decided against him and the period of limitation ought to have been computed not from 17-7- ... The period of limitation should h....
2010 1 Supreme 14 • India - Supreme Court
TARUN CHATTERJEE, AFTAB ALAM
and injunction filed on 21.08.1990 was barred by limitation under Article 58 of Act, 1963 which could only be filed within three ... Limitation Act, 1963 – Article a href=act:395~S. ... ofthe Act. ... under Article 58 of the Limitation Act, 1963 (in short ‘the Act’) which could only be filed within three years from the date when the cause of action arose. ... Article 58 of the Act#HL_EN....
2017 0 Supreme(Mad) 3872 • India - Madras
T.RAVINDRAN
Limitation Act – Article 58, Section 22 & 23 – Suit for declaration and mandatory injunction – Challenge ... grant the reliefs as prayed for. – The Courts below were also correct in holding that the suit laid by the plaintiff is barred by limitation ... Therefore, when it is found that as per Article 58 of the Limitation Act, the time for commencement of the suit for declaration for the plaintiff having accrued on 06.05.1992 itself, it is found that the present suit l....
• India - Bombay
Limitation-Plea of defendant that suit filed by plaintiff in 1974 was barred by limitation as it was in the year 1954 or 1961 that ... infringement to the title-- Therefore, as the right to sue accrued in 1973, suit filed by plaintiff in 1974 was well within the limitation ... Article 58-Suit for declaration that suit plot was purchased by defendants Benami for plaintiff and as such plaintiff was the owner
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