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Limitation Period for Breach of Contract - Article 55 of Limitation Act, 1963
The court held that in cases of continuous breach, the limitation period begins from the date of cessation of the breach, not from the date of the initial breach. Once the breach ceases, the limitation clock starts, and if the breach is ongoing, each moment of continuation can reset or extend the period. This is supported by the principle that the suit must be filed within the limitation period after the breach ends. V. Chandran S/O. Vasudevan vs Aliamma George W/O.K.V.George - Kerala -
Continuous vs. Instantaneous Crimes - Limitation Start Point
For instantaneous crimes, the limitation begins at the time of the crime’s commission or its consummation. Conversely, for continuous or ongoing crimes, the limitation period only starts from the date when the breach or offence ceases. This distinction is crucial in criminal cases involving ongoing offences such as breach of trust or statutory violations. Udai Shankar Awasthi VS State of U. P. - Crimes, Udai Shankar Awasthi VS State of U. P. - Supreme Court, STATE OF GUJARAT VS ASHWINBHAI J. SHAH - Gujarat, Gokak Patei Volkart Ltd. VS Dundayya Gurushiddaiah Hiremath, - Crimes, Kannankandi Gopal Krishna Nair VS Prakash Chunder Juneja and another - Bombay -
Criminal Breach of Trust and Continuing Offences
Cases involving criminal breach of trust (Sections 403 and 406 IPC) are considered continuous offences, and the limitation period is applicable only after the breach ceases. The courts have emphasized that the limitation clock does not run during the period of ongoing breach, thus allowing proceedings to be initiated even after a significant period has elapsed, provided the breach is still continuing or has ceased recently. Udai Shankar Awasthi VS State of U. P. - Crimes, Udai Shankar Awasthi VS State of U. P. - Supreme Court -
Legal Principles for Continuing Wrong and Limitation
Under Section 23 of the Limitation Act, if a wrongful act is ongoing (e.g., breach of contract, building violations, or statutory offences), the limitation period is deferred until the wrongful act ceases. For example, violations of building rules or contractual breaches that are ongoing are treated as continuing wrongs, and the limitation period starts from the date of cessation. PRESIDENT, KALOL DISTRICT MUNICIPALITY VS BAI CHAMPA D/o SHETH BHATUBHAI LALLUBHAI - Gujarat, Reserve Bank of India VS A. B. Tools (P) Ltd. , - Himachal Pradesh -
Special Cases: Contracts and Quasi-Contracts
In cases involving contractual obligations, such as recovery of dues or restitution under quasi-contract principles, the limitation may be governed by specific provisions like Article 113 of the Limitation Act, which considers continuous breaches or unjust enrichment as continuing wrongs until the breach or enrichment ceases. Reserve Bank of India VS A. B. Tools (P) Ltd. , - Himachal Pradesh -
Judicial Consistency and Application
Courts have consistently applied these principles to ensure that the limitation period for continuing breaches begins from the date the breach ceases, preventing premature dismissal of claims based on limitation when breaches are ongoing. This approach balances the interests of justice with statutory timelines. V. Chandran S/O. Vasudevan vs Aliamma George W/O.K.V.George - Kerala, PRESIDENT, KALOL DISTRICT MUNICIPALITY VS BAI CHAMPA D/o SHETH BHATUBHAI LALLUBHAI - Gujarat, Reserve Bank of India VS A. B. Tools (P) Ltd. , - Himachal Pradesh
Analysis and Conclusion:
In cases of continuous breach of contract or ongoing offences, the limitation period does not start from the initial breach but from the date the breach ceases. This ensures that plaintiffs are not barred from filing suits or initiating proceedings due to elapsed time during the period of ongoing breach. The legal framework, supported by judicial rulings, emphasizes that limitation begins only after the breach or wrongful act has ended, aligning with principles of justice and fairness in civil and criminal law.
Search Results for "Limitation Begins to Run from Date of Cessation of Breach in Case of Continuous Breach of Contract"
2025 0 Supreme(Ker) 3046 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
SATHISH NINAN, P.KRISHNA KUMAR
Statute Analysis: Article 55 of the Limitation Act, 1963 articulates the limitation period for breaches of contract. ... ... ... Issues: The court framed two issues: whether the plaint claim was barred by limitation and whether there was a breach of ... ... ... Ratio Decidendi: The court established that the breach ceased with the contract’s expiration, asserting that the suit must ... In the case of continuing breach, every moment the #HL_START....
• India - Crimes
JAGDISH SINGH KHEHAR, B.S.CHAUHAN
breach of trust against appellants “IFFCO” . ... and 406 IPC for criminal breach of trust against appellants “IFFCO” - Magistrate after taking cognizance, issued summons to appellants ... Code of Criminal Procedure,1973- Section 482-Grant of a works contract to Respondent 2, by “IFFCO”, for the purpose of conducting ... In the case of instantaneous crimes, the statute of limitation begins to run with the consummation, while in the case of c....
2013 1 Supreme 590 • India - Supreme Court
B.S.CHAUHAN, JAGDISH SINGH KHEHAR
and 406 IPC for criminal breach of trust against appellants "IFFCO" . ... under Sections 403 and 406 IPC for criminal breach of trust ... Code of Criminal Procedure,1973- Section 482-Grant of a works contract to Respondent ... In the case of instantaneous crimes, the statute of limitation begins to run with the consummation, while in the case of continuous crimes it only begins with the cessation....
1991 0 Supreme(SC) 85 • India - Supreme Court
K.N.SAIKIA, M.M.PUNCHHI
Code of Criminal Procedure, 1973 - Trial Magistrate dismissed all complaints on ground of their being barred by limitation ... assailed revisional orders passed by High Court - Offence under Section 630 of the Companies Act is continuing one - Period of limitation ... In the case of instantaneous crimes, the statute of limitation begins to run with the consummation, while in the case of continuous crimes it only begins with the #HL_....
2000 0 Supreme(Guj) 508 • India - Gujarat
H.H.MEHTA
Criminal Procedure Code, 1973 - Section 401 - Contract - Gujarat Electricity Board - Criminal Revision Application ... it can be said that they were offences which were completed on the date of offence - Application allowed. ... building being fully constructed and therefore both the contraventions of Rule 80 and Rule 82 are continuing offences and in no case ... In the case of instantaneous crimes, the statute of limitation begins to run with the consummation, while ....
• India - Crimes
K.N.SAIKIA, M.M.PUNCHHI
Complaints filed - Code of Criminal Procedure, 1973 - Trial Magistrate dismissed all complaints on ground of their being barred by limitation ... assailed revisional orders passed by High Court - Offence under Section 630 of the Companies Act is continuing one - Period of limitation ... In the case of instantaneous crimes, the statute of limitation begins to run with the consummation, while in the case of continuous crimes it only begins#HL....
1974 0 Supreme(Guj) 108 • India - Gujarat
A.D.DESAI, T.U.MEHTA
Limitation Act 1908 – Article 23 – Civil Procedure Code – Sec. 48 – Indian Easements Act – Sec. 47 – Specific ... open by a decree of permanent injunction granted by a Civil Court amounts to a continuing wrong as contemplated by sec. 23 of the Limitation ... had arisen on the last day on which the cabins were found existing on the disputed land and therefore no question of any bar of limitation ... But if the wrong is a continuing wrong the case would be governed by sec. 23 of the Act which is in the following terms:in t....
2015 0 Supreme(HP) 586 • India - Himachal Pradesh
MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN
In the present case, since there was no specific provision in the Limitation Act for suits under Section 70 of the Indian Contract ... LIMITATION ACT, 1963 - SECTION 22 - CONTINUING WRONG - MAINTENANCE CHARGES - SECTION 70 OF THE INDIAN CONTRACT ACT, 1872 - UNJUST ... ENRICHMENT - QUASI CONTRACT - RESTITUTION - PRINCIPLE OF UNJUST ENRICHMENT - APPLICABILITY OF ARTICLE 113 OF THE LIMITATION ACT, ... Continuing breaches and torts-In the case of a conti....
1993 0 Supreme(Bom) 194 • India - Bombay
M.F.SALDANHA
Fact of the Case: The accused, an ex-employee of the company, was allotted a flat and a garage by the company under ... fine in the sum of Rs. 1,000/- per month for each month during which the offence had recurred starting from 1-4-1977 until the date ... In the case of instantaneous crimes, the status of limitation begins to run with the consummation, while in the case of continuous crimes it only begins with the cessat....
2016 0 Supreme(All) 822 • India - Allahabad
SUDHIR AGARWAL, SHAMSHER BAHADUR SINGH
State Financial Corporation Act, 1951—Section 29—Limitation Act, 1963—Article 19, Sections 3 and 5—Recovery—Loan non-payment of—Period ... of limitation for iniating proceedings—Demand notice issued—Petitioners executed Bond of Guarantee, creating equitable mortgage ... to enforce payment of money secured by a charge upon immovable property of guarantors—Held, recovery in question not barred by limitation—No ... In the case of a suit for the breach of a contract, where there are succes....
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