Report No. 193

Transnational Litigation - Conflict of Laws - Law of Limitation

Contents
Chapter I	Introductory
	Introductory
	Brief History of the Indian Limitation statutes
	Prescription
	Acquisition of easementary rights
	Barring of judicial remedies
	Distinction between extinguishing a right and barring the remedy
	Procedural law or substantive law
Chapter II	Section 11 of the Limitation Act (Suits on contracts entered into outside the territories to which the Act extends)
	Section 11 of the Limitation Act
	In Huber v. Steiner, (1835)2 Bing (NC) 202 (210-212), Tyndal CJ observed as follows
Chapter III	Recent developments in Private International Law in Common law countries: From Procedural to Substantive
	Recent developments in Private International Law in Common law countries
	How English law changed in 1984
	The relevant provisions of the English Act of 1984, as contained in section 1 thereof, read as follows
	Australia: Mckain v. R.W. Miller & Co (South Australia) Pvt. Ltd, (1992) 174 CLRI
	Substantive
	The Qld Law Reform Commission says
	New Zealand
	Canada: Tolofson v. Jensen, (1994) (3) SCR 1022
	La Forest J than declared that it was not necessary to wait for legislation. He said
	USA
	He finally sums up
	Section 5 refers to 'Existing and future claims' and says
	Conclusion
Chapter IV	Problems in Indian limitation law and recommendations for change
	Problems in Indian limitation law and recommendations for change
	As we are dealing with section 11 in detail, we shall extract it once again
	The general principle was also stated by Bachawat J in Dickie & Co v. Municipal Board, (AIR 1956 Cal 216 at 219) as follows
	Prospective operation
Annexure I	The Limitation (Amendment) Bill, 2005
1.	Short Title and Commencement
2.	Substitution of new section 11 for section 11
3.	Insertion of new section 11A
4.	Insertion of Article 136A in the Schedule
5.	Transitional Provision