AI Overview...
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Limitation of Civil and Criminal Liability - Cheque bouncing and civil remedies are not barred by limitation; civil liability arising from bounced cheques remains actionable, and criminal liability cannot be imposed solely based on civil remedies. Courts have emphasized that civil remedies are not taken away by limitation points, and procedural aspects under IPC must be considered. Maripalli Mahirathnam Gupta VS State Of A. P. - Andhra Pradesh
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Limitation of Liability in Regulatory and Claims Contexts - The law of limitation applies to claims before civil courts, and exclusion of jurisdiction or specific statutory limitations are accepted procedural rules. For instance, in cases involving the Atomic Energy Regulatory Board, limitation periods are recognized as procedural, and claims must adhere to these timelines. YASH THOMAS MANNULLY, ADVOCATE VS UNION OF INDIA - Kerala
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Fixed Liability and Limitation - Once liability or damages are conclusively determined (e.g., insurance claims), the limitation period cannot be revisited or reopened in review proceedings. Limitation is a settled issue unless explicitly questioned or challenged within the prescribed period. GEORGE ANTONY Vs J.T.ROY - Kerala
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Acknowledgment of Liability Extending Limitation - An acknowledgment of mortgage liability under Section 18 of the Limitation Act effectively extends the limitation period, provided it indicates a recognition of debt or liability. The period is scaled down by the Limitation Act, but acknowledgment can reset or extend the statutory period. VAKKACHAN vs JOHN - Kerala, Union of India VS Motiram Ratanchand - Gauhati
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Limitations on Property Tax Demands - Liability for property tax may involve both lessors and lessees, but demands are subject to limitation periods. Whether demands are barred depends on whether the limitation period has expired; payments made after the expiry do not revive the claim. DANANAJAY D DEO Vs CORPORATION OF COCHIN - Kerala
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Limitation in Motor Vehicle and Legal Proceedings - Applications for impleadment or legal heirs in motor vehicle cases are not barred if filed within the limitation period. The cause of action accrues at a specific time, and subsequent filings are permissible if within statutory limits. PREMA
vs
K.K. THAVU ** - Kerala -
Acknowledgment of Liability Under Section 18 - An acknowledgment indicating liability within the meaning of Section 18 of the Limitation Act extends the limitation period, provided it demonstrates a recognition of the debt or legal relationship. Courts consider this acknowledgment as sufficient to reset the statutory clock. Union of India VS Motiram Ratanchand - Gauhati
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Procedural Nature of Limitation - Limitation laws are procedural and do not extinguish the underlying liability but only the remedy. Claims barred by limitation are dismissed, but the liability itself remains unless explicitly extinguished by other means. THE MANAGING DIRECTOR CAPEX vs DEPUTY REGISTRAR - Kerala
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Limitation in Personal Injury Claims - The prescribed limitation period under specific statutes like the Kerala Panchayat Raj Act applies to tortious claims against local authorities. When statutes specify different periods, those provisions govern, and claims beyond that are barred. CHELANNUR GRAMA PANCHAYATH Vs C.P.SUDHEESH - Kerala
Analysis and Conclusion:
Limitation laws primarily serve procedural functions, restricting the time within which civil and criminal remedies can be pursued. Civil liability, such as in bounced cheque cases, remains actionable despite limitation issues, whereas procedural rules determine whether remedies are barred. Acknowledgments of liability can extend limitation periods, but once a liability is conclusively determined, revisiting it is generally barred. The applicability of limitation periods varies depending on the nature of the claim and statutory provisions, but overall, limitation acts do not extinguish liability itself, only the right to seek remedy after the prescribed period.
Search Results for "Limitation of Liabiity"
2000 0 Supreme(AP) 418 • India - Andhra Pradesh
T.CH.SURYA RAO
Bouncing of cheques is not the end of matter - Civil remedy available to a creditor not taken away either by point of limitation ... do anything upon issuance of cheque which were later bounced - It is not in the interest of justice to allow civil liabiity ... to be converted into criminal liability - Courts below not addressed themselves to necessary provisions under IPC and essential ... This civil remedy available to the witnesses is not taken away either by the point of limitation ....
2015 0 Supreme(Ker) 952 • India - Kerala
ASHOK BHUSHAN, A.M.SHAFFIQUE
Issues: The issues raised included the independence of the Atomic Energy Regulatory Board, the limitation of liability, appointment ... of Claims Commissioner, time limitation for making claims, and the exclusion of jurisdiction of civil courts. ... The court further found that the law of limitation and the exclusion of jurisdiction of civil courts were well-accepted procedures ... Even in the absence of such a provision, the law of limitation applies to suit filed before a civil court. The same #HL_ST....
2007 Supreme(Online)(KER) 21746 • India - High Court of Kerala
J.B.KOSHY, M.SASIDHARAN NAMBIAR, JJ
liability to Rs.1,50,000 despite revised awards, clarifying that once determined, the limitation could not be revisited in a review ... Finding of the Court: The court held that the limitation of liability was a settled issue from a prior judgment and ... Issues: Whether the limitation of liability of the insurance company could be reviewed after it had been conclusively determined ... Limitation of liability was not questioned at all. ... Since t....
2013 0 Supreme(Gau) 618 • India - Gauhati
UJJAL BHUYAN
2019 Supreme(Online)(KER) 39393 • India - High Court of Kerala
Sathish Ninan, J
18 of the Limitation Act, 1963. ... acknowledgments of mortgage liability as per Section 18, which effectively extended the limitation period for the redemption suit ... Ratio Decidendi: Acknowledgment of mortgage liability is critical for extending the limitation period; in this case, the relevant ... However, the period of limitation was reduced by the Limitation Act, 1963, which came into force on 01.01.1964, scaling down the period to 30 years. If there is no ack....
2008 Supreme(Online)(KER) 42540 • India - High Court of Kerala
P.R.RAMAN, T.R.RAMACHANDRAN NAIR, JJ
Issues: Whether lessees are liable for property tax and if any tax demands are barred by limitation. ... pay property tax lies with the lessor, the lessee also has an obligation, and provided insights on the limitation period affecting ... Ratio Decidendi: While the lessee has a secondary liability to pay property tax, the issue of limitations on demands presents ... However, the question as to whether any of the demand is barred by limitation and subsequently whether any amount has been paid by the G....
2022 Supreme(Online)(KER) 17227 • India - High Court of Kerala
AMIT RAWAL, J
case was triggered by a recent court order, making the lower tribunal's ruling on limitation invalid. ... Limitation - Motor Vehicles Act - Sections 110A - The court overturned the lower tribunal's decision regarding application for ... Issues: Whether the application for impleadment of legal heirs in an execution petition was barred by limitation. ... Cause of action thus accrued only thereafter to seek the impleadment of legal heirs, that cannot be said to be barred by law of limitation as observed by the MACT. ... Pe....
1983 0 Supreme(Gau) 124 • India - Gauhati
B.L.HANSARIA, T.C.DAS
LIMITATION ACT - SECTION 18 - ACKNOWLEDGMENT OF LIABILITY - SUFFICIENT TO EXTEND LIMITATION PERIOD - INDIAN RAILWAYS ACT, SECTION ... Therefore, it constituted an acknowledgment of liability within the meaning of Section 18 of the Limitation Act. 3. ... An acknowledgment of liability under Section 18 of the Limitation Act must indicate the existence of a jural relationship between ... But the learned Trial Court counted the period of limitation from....
2016 Supreme(Online)(KER) 26051 • India - High Court of Kerala
A. Muhamed Mustaque, J
of limitation was procedural and did not affect previous claims. ... Limitation - Arbitration - Co-operative Societies Act - [Sections 69, 70] - The court upheld the Tribunal's decision on interest ... The petitioner alleged the claim was barred by limitation after three years post-supply, while the respondent argued that the law ... The limitation law is a procedural law and it only extinguishes a right to remedy and it does not extinguish any liability. ... the old provisions of the Act to get over th....
2009 Supreme(Online)(KER) 36040 • India - High Court of Kerala
S.S.SATHEESACHANDRAN, J
Limitation - Personal Injury Claims - Kerala Panchayat Raj Act 1994, Section 249 - The court interpreted Section 249 on limitation ... liability claim against a local authority. ... Issues: Whether the period of limitation prescribed under Section 249 of the Kerala Panchayat Raj Act applies to a tortious ... When a period of limitation as W.P.C.No.36902/08 - 5 - different from general rule of limitation is prescribed by the provision under the statute, that provision alone is applicab....
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