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Report No. 89

The Limitation Act, 1963

Chapter I Introductory
Revision of the Limitation Act
Scheme of the Act: the Articles in the Schedule
Chapter 2 Sections 1 and 2: Preliminary
Sections 1 and 2
Chapter 3 Section 3: The Bar of Limitation
The Bar of Limitation
Chapter 4 Section 4: Expiry of Prescribed Period when Court is closed
Expiry of Prescribed Period when Court is closed
Chapter 5 Section 5: Extension of The Prescribed Period for Sufficient Cause
I. Suits
II. Applications
III. Erroneous Legal Advice
IV. Peculiar Disabilities of Married Women
V. Recommendation
Chapter 6 Section 6: Legal Disability
Legal Disability
Chapter 7 Section 7: Disability of One of Several Persons
Disability of One of Several Persons
Chapter 8 Section 8: Special Exceptions to The Provisions Concerning Disability
Special Exceptions to The Provisions Concerning Disability
Chapter 9 Section 9: Continuous Running of Time
Continuous Running of Time
Chapter 10 Section 10: Suits against Trustees
Suits against Trustees
Chapter 11 Suits on Foreign Causes of Action
Contracts entered into elsewhere
Some practical aspects of importance
Chapter 12 Section 12: Exclusion of Time in Legal Proceedings
Section 12
Quietus by Supreme Court
Chapter 13 Section 13: Exclusion of Time where Leave to Sue or Appeal as Pauper is applied for
Exclusion of Time where Leave to Sue or Appeal as Pauper is applied for
Chapter 14 Section 14: Time Taken in Infructuous Legal Proceedings
Exclusion of time taken by infructuous legal proceedings
Need to extend section 14 to appeals
Direction by the earlier Court
Chapter 15 Section 15: Exclusion of Time in Certain other Cases
Exclusion of time in certain other cases
Agent in Ind.-effect of
Chapter 16 Section 16: Effect of Death on Limitation
Effect of Death on Limitation
Chapter 17 Fraud and Mistake
Effect of fraud or mistake on limitation
Writ jurisdiction and the bar of limitation
Chapter 18 Section 18: Acknowledgment
Chapter 19 Section 19: Part Payment
Effect of payment and its rationale
Application to charges
Chapter 20 Section 20: Acknowledgment or Payment by Another Person
I. Introductory
II. Joint Obligees
Chapter 21 Section 21: Addition or Substitution of Parties
I. Introductory
II. Joint Families
III. Effective Date
IV. Misdescription
V. Appeals and Applications
VI. Recommendation
Chapter 22 Section 22: Continuing Wrongs
Section.-continuing breaches and torts
Law Commission Report on the Act of 1908
Chapter 23 Section 23: Acts Not Actionable Without Special Damage
Conduct not actionable without special damage
Applicability of section to tort and contract suits
Chapter 24 Section 24: Computation of Time
Computation of Time
Chapter 25 Section 25: Acquisition of Easements by Prescription
Acquisition of Easements by Prescription
Chapter 26 Section 26: Reversioner
Chapter 27 Section 27: Extinguishment of Right to Property
Extinguishment of Right to Property
Chapter 28 Section 28: Amendment of Certain Acts
Amendment of Certain Acts
Chapter 29 Sections 29 To 32: Savings, Transitional Provisions and Repeal
I. Introductory
II. Special and Local Laws
III. Local La.-the Problem of Portuguese and French Laws
IV. Local Laws
V. Position Regarding Suit for Dower
Chapter 30 Limitation and the Amendment of Pleadings
I. Position in India
II. Position In England
III. Australia and Canada
IV. Position in U.S.A.
V. Summary of Developments Elsewhere
Chapter 31 Articles 1 to 5: Suits Relating to Accounts
Termination of agen.-Comments of Sir Richard Garth and Mr. Hobhouse
Chapter 32 Articles 6 to 55: Suits Relating to Contracts
Article 6
Articles 10 and 11
Goods delivered from time to time
Case law on Article 24
Case law as to bonds
State Acts for the relief of indebtedness
Article 40
No change needed
Earlier, the High Courts of Lahore,1 Allahabad2 and Bombay3 had held otherwise
No change needed in Article 51
Arbitration awards
Chapter 33 Articles 56 to 58: Suits Relating to Declarations
Article 56
1871 Act criticised
Chief Justice L. Jenkins, Bombay
Law Commission Report
Chapter 34 Articles 59-60: Suits Relating to Decrees and Instruments
Articles 59-60
Chapter 35 Articles 61 To 67: Suits Relating To Immovable Property
Article 61
No change needed
Law Reform Committ.-views of
Chapter 36 Articles 68 To 71: Suits Relating To Movable Property
Article 68
Law Commission's Report
Chapter 37 Articles 72 To 91: Suits Relating To Tort
Article 7
Controversy as to starting point of limitation
Legislative History
Need for change in the law
Starting poi.-comments (1908)
Reason for special provision
Earlier Report of the Law Commission
Case law as to money in specie
Chapter 38 Articles 92 To 96: Suits Relating to Trusts and Trust Property
Article 92
Articles 94 and 95
Chapter 39 Articles 97 to 112: Suits relating to Miscellaneous matters
Article 97
District Judge, Cuddappah (1877)
Article 103
Article 109
Chapter 40 Article 113: Suits for which There is no Prescribed Period
Suits for which There is no Prescribed Period
Chapter 41 Articles 114 To 117: Appeals
Chapter 42 Articles 118 To 136: Applications In Specified Cases
Article 118
Law Commission's Report on the Act of 1908
Failure to deposit cost of paper book
Insolvency proceedin.-applicability
Article 1.-Recommendation
Report of the Law Commission
Article 136
Chapter 43 Article 137: Other Applications
Article 137
High Court cases as to "courts"
Article 136 of the Constituti.-Case Law
Chapter 44 Summary of Recommendations
Suits relating to accounts
Suits relating to miscellaneous matters
Applications in specified cases

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