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Report No. 89

Chapter 2

Sections 1 and 2: Preliminary

2.1. Section.-Short title, extent and commencement.- Beginning a consideration of the Act section wise, section 1 deals with the short title, extent and commencement of the Act. By a notification of the Central Government issued under section 1(3), the Act came into force1 on the 1st January, 1964. Under section 1(2), the Act extends to the whole of India except the State of Jammu and Kashmir.

Some uncertainty seems to exist as to how far the Act has repealed corresponding laws of the previous French and Portuguese possessions which now form part of the territories of India. The point will be adverted to2 while discussing section 20, which seeks to preserve "special and local" laws.

1. Notification, No. S.O. 3118, dated 20th October, 1963.

2. See discussion on relating to section 29, infra.

2.2. Section.-Definitions.- Section 2 contains a number of definitions, being definitions of the following words and expression.-

(a) "applicant";

(b) "application";

(c) "bill of exchange";

(d) "bond"; (c) "defendant":

(f) "easement";

(g) "foreign country";

(h) "good Faith";

(i) "plaintiff";

(j) "period of limitation" and "prescribed";

(k) "promissory note"; (1) "suit";

(m) "tort"; and

(n) "trustee".

We have no changes to recommend in the definitions, since they have not created any serious controversies that may necessitate a change in the law. Provisions by way of interpretation or explanation also occur in a few substantive provisions of the Act. Their relevance is primarily confined to those particular provisions, and can be best dealt with while considering those provisions.

The Limitation Act, 1963 Back

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