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J.D. Jain’s The Limitation Act, 1963 is a concise section-wise commentary built for students and young practitioners. It opens with the history and object of limitation law – why statutes of repose exist, how limitation differs from prescription and laches, and why limitation bars the remedy but not the right – then works through all 32 sections in five Parts: the bar of limitation and condonation of delay under Section 5; legal disability; the computation rules of Sections 12 to 24 including bona fide proceedings in the wrong court, fraud, mistake and acknowledgment; and acquisition of ownership by possession under Section 27. The book closes with the complete Schedule – the table of limitation periods for every category of suit, appeal and application – with commentary carrying the leading Supreme Court and High Court decisions throughout. For LLB and LLM procedure papers, Judicial Services and AIBE preparation. Published by Allahabad Law Agency, Faridabad – law publishers since 1950.
From the Publisher
WHAT’S INSIDE – COMPLETE SECTION MAP (32 SECTIONS IN 5 PARTS, PLUS THE SCHEDULE). The commentary opens with the history and object of the law of limitation – statutes of repose, peace and justice; limitation compared with prescription and with laches and acquiescence; construction and retrospective operation of the Act; the application of the Act to proceedings under special Acts; the principle that limitation bars the remedy but does not destroy the right; and limitation in writ petitions. PART I – PRELIMINARY (Sections 1-2): extent, commencement and definitions. PART II – LIMITATION OF SUITS, APPEALS AND APPLICATIONS (3-11): the bar of limitation; expiry of the prescribed period when the court is closed; EXTENSION OF THE PRESCRIBED PERIOD AND CONDONATION OF DELAY UNDER SECTION 5, treated at length with the leading authorities; legal disability; continuous running of time; suits against trustees. PART III – COMPUTATION OF THE PERIOD OF LIMITATION (12-24): exclusion of time in legal proceedings; EXCLUSION OF TIME OF PROCEEDINGS BONA FIDE IN A COURT WITHOUT JURISDICTION (Section 14); effect of death before the accrual of the right to sue; EFFECT OF FRAUD OR MISTAKE (Section 17); EFFECT OF ACKNOWLEDGMENT IN WRITING (Section 18) and of part payment (Section 19); substitution or addition of parties; continuing breaches and torts; computation of time mentioned in instruments. PART IV – ACQUISITION OF OWNERSHIP BY POSSESSION (25-27): easements by prescription and the EXTINGUISHMENT OF THE RIGHT TO PROPERTY UNDER SECTION 27. PART V – MISCELLANEOUS (28-32): savings and transitional provisions. The book closes with THE SCHEDULE – the complete table of periods of limitation for every category of suit, appeal and application, which is the part practitioners consult daily. Commentary under each section carries the leading Supreme Court and High Court decisions. Published by Allahabad Law Agency, law book publishers since 1950.
Publisher : Allahabad Law Agency, Faridabad
Publication date : 1 January 2016
Language : English
ISBN-10 : 9380231091
ISBN-13 : 978-9380231099
Reading age : 10 years and up
Item Weight : 350 g
Dimensions : 26 x 18 x 2 cm
Country of Origin : India
Best Sellers Rank: #49,444 in Books (See Top 100 in Books) #277 in Legal Reference
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