AI Overview...
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Limitation Period for Money Suit - The Limitation Act, 1963, prescribes a specific time frame within which a money suit must be filed. Generally, this period is three years from the date when the right to sue accrues, such as the date of the breach or the debt becoming payable United Bank Of India VS Drolia Mineral Industries - Patna, Shiv Kumar VS Punjab National Bank - Rajasthan.
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Calculation of Limitation - The period starts from a specific event, such as the date of the court order directing deposit or the date of acknowledgment of debt. For example, in cases involving cheques, the limitation begins from the date of dishonor or the date when the debt becomes due DAYANIDHI MISRA VS RAMACHANDRA MISRA ALIAS CHANDRA SEKHAR MISHRA - Orissa, Harcharan Singh VS Sunil Sarin (Deceased Through Lrs) - Delhi.
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Effect of Acknowledgment - Acknowledgment of debt in writing can extend or restart the limitation period under Section 18 and 19 of the Limitation Act, allowing a fresh period to file a suit Sreedevi VS Appu - Kerala.
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Special Cases - Certain cases, such as claims against public authorities or continuing liabilities under specific statutes, may have different limitation rules. For instance, liabilities under certain statutes may continue to be enforceable even after the limitation period expires Calcutta Tramways Employees' Co-operative Credit Society Limited VS State of West Bengal - Calcutta.
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Court's Discretion - Courts may direct deposit or take specific actions, which can influence the calculation of limitation periods. The limitation period can also be affected by interim orders or specific court directions United Bank Of India VS Drolia Mineral Industries - Patna.
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Summary - The limitation period in a money suit is primarily three years from the date the right to sue arises, but this can vary based on circumstances like acknowledgment, court orders, or statutory provisions. Filing beyond this period generally results in the suit being barred, unless exceptions or acknowledgments apply Shiv Kumar VS Punjab National Bank - Rajasthan, Sreedevi VS Appu - Kerala.
References: - United Bank Of India VS Drolia Mineral Industries - Patna - Raghubir Kumar Dhawan VS Swift Motors (P) Ltd. - Delhi - Shiv Kumar VS Punjab National Bank - Rajasthan - Assam Ashok Hotel Corporation Ltd. VS North East Chamber of Commerce and Industry (NECCI) - Gauhati - Calcutta Tramways Employees' Co-operative Credit Society Limited VS State of West Bengal - Calcutta - DAYANIDHI MISRA VS RAMACHANDRA MISRA ALIAS CHANDRA SEKHAR MISHRA - Orissa - Gomathi Wires VS Diamond Wires Pvt. Ltd. - Chhattisgarh - Melmo Agencies VS New India Assurance Company Limited - Punjab and Haryana - Harcharan Singh VS Sunil Sarin (Deceased Through Lrs) - Delhi - Sreedevi VS Appu - Kerala
Search Results for "What is Limitation Period in Money Suit"
1995 0 Supreme(Pat) 272 • India - Patna
S.K.CHATTOPADHYAYA
LIMITATION ACT, 1963 - SECTION 3 - LIMITATION PERIOD - MONEY SUIT - CALCULATION OF LIMITATION PERIOD - COURT'S DIRECTION TO DEPOSIT ... INDIRA VIKAS PATRA AS BAIL CONDITION - SUBSEQUENT FILING OF MONEY SUIT - LIMITATION PERIOD STARTS FROM DATE OF COURT'S ORDER DIRECTING ... Finding of the Court: The court held that the limitation period for filing the #HL_STAR....
2013 0 Supreme(Del) 1532 • India - Delhi
RAJIV SAHAI ENDLAW
It highlighted the importance of including the whole claim in a suit and the limitation period for a suit for money paid upon an ... period for a suit for money paid upon an existing consideration which afterwards fails. ... Issues: The issues revolved around the application of res judicata, Order II Rule 2 of the CPC, and the limitation period ... It is yet further argued that the limitation for....
1999 0 Supreme(Raj) 1161 • India - Rajasthan
ARUN MADAN
The limitation period for bringing a money suit under Articles 19 & 21 of the Limitation Act, 1963 is three years. 2. ... Finding of the Court: The court held that the suit was not barred by limitation as the limitation period had to be ... Every suit or proceeding filed after the prescribed period of limitation is liable to be dismissed although limitation ha....
2016 0 Supreme(Gau) 178 • India - Gauhati
N.CHAUDHURY
Constitution of India – Article 227 – Evidence – Money Suit – Period of Limitation – Plaintiff of Money ... trial court accepted written statement of defendants – Petitioner herein as plaintiff instituted the aforesaid Money Suit against ... Suit court of learned Civil Judge No.1, Kamrup at Guwahati has preferred this petition challenging the order whereby the learned ... Plaintiff filed an objection contending, inter alia, that the written statement....
2022 0 Supreme(Cal) 220 • India - Calcutta
SABYASACHI BHATTACHARYYA
period for a money suit. ... period for a money suit, and the writ petition was maintainable against a public authority. ... action was continuing, and the employer's liability under Section 59 of the 2006 Act continues to be enforceable even after the limitation ... Hence, the employer's liability, unlike an ordinary money claim, continues to be enforceable at the instance of the society even after the limitation period#H....
1986 0 Supreme(Ori) 237 • India - Orissa
AGRAWAL, B.K.BEHERA
the period of limitation for filing a suit for recovery of loan. ... THE MONEY-LENDERS ACT CANNOT BE EXCLUDED FROM THE PERIOD OF LIMITATION FOR FILING A SUIT FOR RECOVERY OF LOAN. ... Act cannot be excluded from the period of limitation for filing a suit for recovery of loan. ... the Act'),was pending before the appropriate authority should be, excluded from the period of limitation#HL_E....
2011 0 Supreme(Chh) 135 • India - Chhattisgarh
N.K.AGARWAL
the applicability of Article 1 and 14 of the Limitation Act to determine the period of limitation for a money suit for recovery. ... computing the period of limitation. ... Limitation Act - Suit Governed by Article 1 - [Money Suit for Recovery] - [Limitation Act, 1963, Article 1] - The court discussed ... Article 1 and 14 of Schedule to the Limitation Act reads ....
1998 0 Supreme(P&H) 1257 • India - Punjab and Haryana
G.C.GARG
for recovery of money was barred by time due to the lapse of the limitation period. ... The court held that the right to file a suit for recovery of money had lapsed due to the limitation period, and granting the amendment ... Ratio Decidendi: The court held that the right to file a suit for recovery of money had lapsed due to the limitation period ... It is correct that amendment when allowed wi....
2013 0 Supreme(Del) 1518 • India - Delhi
RAJIV SAHAI ENDLAW
The court held that the limitation period for a suit for money lent by a cheque under Article 20 of the Limitation Act starts from ... Ratio Decidendi: The court held that the limitation period for a suit for money lent by a cheque starts from ... amount based on the limitation period. ... Article 19 of the Schedule to the Limitation Act, for a suit for #HL_STA....
1990 0 Supreme(Ker) 257 • India - Kerala
PADMANABHAN
the limitation period. ... Issues: The main issue was the applicability of the limitation period to the money suit and the effect of acknowledgment on ... Limitation - Money Suit - S.13 of the Limitation Act - [ACKNOWLEDGEMENT] - [MONEY SUIT] - [S.3, S.11, S.13, S.14 of the Limitation ... The exclusion is available only in the same proceedings, which gets conve....
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