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Report No. 3

Saving Provision

62. A saving provision has to be made in the new Act to provide for the transitional period. This may be framed on the lines of the similar provision made in 1908, providing a sufficient time for the change over. Appendix I to this report shows the effect of our proposals on the existing periods of limitation for suits, appeals and applications. The period has been reduced (a) from 6 to 3 years, (b) from 12 to 3 years, (c) from 60 to 12 years and (d) from 60 to 30 years. In the case of appeals the period has been made uniform by reducing it in very many cases to 30 days.

In the case of applications also the periods have been altered. In cases where the period is increased but the cause of action has already become barred under the existing law the new Act will not have the effect of reviving rights arising out of such causes of action in view of section 6 of the General Clauses Act. But in cases where the period is reduced it will be inequitable and unjust, if no provision is made to obviate the resulting hardship. The period that should be allowed in such cases is a matter of policy and may be decided by the Government. We have not, therefore, made any suggestion in this behalf, except in the case of suits for redemption, in respect of which our proposal is contained in paragraph 129 of this report.

Limitation Act, 1908 Back

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