What is Section 14 of limitation Act?

(1) In computing the period of limitation for any suit the time during which the plaintiff has been prosecuting with due diligence another civil proceeding, whether in a court of first instance or of appeal or revision, against the defendant shall be excluded, where the proceeding relates to the same matter in issue …

What is the statute of limitations in Pakistan?

Pakistan does not have a statute of criminal limitations. It is because of this legislative gap that your adversary can go to the police station (or NAB), allege a 70-year-old crime against you and, assuming he gels well with the investigation agency, get you arrested.

What is limitation period for appeals?

Section 13 of the CC Act provides that a person aggrieved by the judgment or order in a commercial dispute may appeal to the commercial appellate court or the commercial appellate division of the High Court, as the case may be, within a period of 60 days from the date of the judgment or order.

What is limitation for appeals?

156 of Limitation Act period of 90 days has been provided’ for appeal to High Court, under C.P.C. 1908 except for cases covered by Articles 151 and 153 of Limitation Act. Period has to run from date of decree.

What is Article 137 of Limitation Act?

Article 137 is a residual provision, and provides for a limitation period for any application for which no period of limitation is provided in any of the Articles in the Schedule to the Limitation Act. It provides for a period of limitation of 3 years from the date when the right to apply accrues.

Does Limitation Act apply criminal case?

10. Thus, the applicability of Section 14(1) of the Limitation Act, 1963 is confined to suit and appeal or revision, it cannot be made applicable to criminal proceeding like revision.

What is the limitation period for civil cases?

Typically, the period of limitation for instituting civil suits is three years from the date on which the cause of action arose. There are exceptions: the limitation for a suit to recover possession of immovable property is 12 years, and the limitation for a claim founded on tort is ordinarily one year.

What is a limitation act?

Language

Can you file a case after limitation period?

– – Period of filing appeal and application can be extended if proper cause is shown (but not the suit) [section 5]. IF COURT IS CLOSED ON LAST DAY – If court is closed on last day of limitation, suit, appeal or application can be filed on next day when Court reopens.

What is Article 136 of Limitation Act?

Article 136 of the Limitation Act, 1963 (for short ‘the Act’) prescribes a period of twelve years for the execution of any decree (other than a decree granting a mandatory injunction) or order of any civil court. It provides that the period would commence when the decree or order becomes enforceable.

What is legal limitation?

What Is a Statute of Limitations? A statute of limitations is a law that sets the maximum amount of time that parties involved in a dispute have to initiate legal proceedings from the date of an alleged offense, whether civil or criminal.

What is Article 59 of Limitation Act?

Article 59 of the Limitation Act applies specially when a relief is claimed on the ground of fraud or mistake. It only encompasses within its fold fraudulent transactions which are voidable transactions.

When does Section 14a of the Limitation Act apply?

(1) This section applies to any action for damages for negligence, other than one to which section 11 of this Act applies, where the starting date for reckoning the period of limitation under subsection (4) (b) below falls after the date on which the cause of action accrued.

What is the starting date of Section 14a?

Its function is as part of the process of ascertaining the “starting date” defined in section 14A (5)—that is, the date from which the alternative limitation period in section 14A (4) (b) is to run. As numerous reported cases show, the starting date may occur at a time when a claimant’s knowledge about his claim is far from complete.

Can a claimant take advantage of s.14a?

In Susan Jacobs -v- Sesame Ltd [2014] EWCA Civ 1410 the Court of Appeal held that the claimant could not take advantage of s.14A of the Limitation Act 1980. The date of knowledge was much earlier than that found by the trial judge.

What was the Court of Appeal judgment on S14a?

Published by Aimee Talbot, Senior Associate The Court of Appeal has upheld a judge’s decision to deal summarily with a dispute as to the claimant’s date of knowledge under s14a Limitation Act 1980. The judgment also contains a handy summary of the key law in the area.