AdvocateKhoj
Login : Advocate | Client
Home Post Your Case My Account Law College Law Library
    

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


Law Reports Back




Client Area | Advocate Area | Blogs | About Us | User Agreement | Privacy Policy | Advertise | Media Coverage | Contact Us | Site Map
powered and driven by neosys