theoryofabrogation

Author: toahostinger

Immovable property, profit a prendre and doctrine of fixtures

Section 3 Interpretation Clause Immovable Property Immovable Property Stating simply Immovable property means the property which can not be moved from one place to another.  According to Section 3 of the Transfer of Property Act “immovable property” does not include standing timber, growing crops or grass. The definition of the term “immovable property” in this section is a negative definition. It is not a comprehensive, and exhaustive definition. It merely excludes standing timber, growing crops or grass. The positive definition of immovable property has been given in section 3(26) of General Clauses Act, 1897. According to this section immovable property includes land, benefits to arise out of land and things attached to the earth, or permanently fastened to anything attached to the earth. The definition given under the General Clauses Act, 1897 applies to the Transfer of Property Act, 1882 also (Babulal v Bhawani, 1912). Thus, the definition of immovable property given in Section 3 of The Transfer of Property Act, 1882 and under the General Clauses Act, 1897 both explain the definition of immovable property that immovable property includes the following elements:   Land Benefits to arise out of land and Things attached to the earth: (a) things embedded in the earth; (b) things attached to what is so embedded in the earth; (c) things rooted to the earth except:- (i) standing timber, (ii) growing crops, or (ii) growing grasses   Land. Land means surface of the land, and what is below, upon and under the surface of the land. The soil, mud, water, pond and river are also the part and parcel of the land. Sub-soil of the land, minerals, coals and gold mines are immovable property. The space which are above the surface of the land is also immovable property because of the fact that space starts just above the surface of the land. Benefits to arise out. of land-The benefits to arise out of land are immovable property. Any right exercise by a person on a piece of land and gets certain profit that is his intangible-immovable property. The right to way on a land or right to use a land under lease or tenancy is Immovable property. The right of a tenant to live in the house of land-lord and right to catch the fish from the pond or river are also an immovable property. The rights of ferry on river or lake waters by boats or steamers are immovable property as water of river or lakes are benefits to arise out of land and thus immovable property. Likewise right to extract coal or gold from the mines are immovable property.   Profit à prendre Profit à prendre is a legal right that allows an individual to enter another person’s land and take some part of the land’s natural produce or resources. This could include things like minerals, timber, or even fish. Essentially, it is a right to extract and remove something from the land. For example, if someone has a profit à prendre to fish in a lake on someone else’s property, they have the right to enter the land, fish, and take the fish away. This right can be granted through an agreement or can be acquired by prescription (long-term use). A right to enter upon the land of another and carry a part of the produce is an instance of profits a pendre ie. benefit arising out of land, and therefore a grant in immovable property.(SHANTA BAI V STATE OF BOMBAY 1958 SC)   Ananda Behera v State of Orissa 1956 SC Case Summary: Context: Petitioners obtained oral licenses from the Raja of Parikud to catch and appropriate fish from Chilka Lake, paying significant sums and receiving receipts. This occurred before the Orissa Estates Abolition Act of 1951, which transferred ownership of the estate to the State of Orissa. Issue: The licenses were for periods after the estate vested in the state. The State of Orissa refused to recognize these licenses and sought to reclaim the fishery rights. Petitioners’ Argument: They claimed their fundamental rights under Articles 19(1)(f) and 31(1) of the Constitution were infringed, arguing the transactions were sales of future goods (fish), not immovable property. Court’s Decision: The court held that the right acquired was a license to enter the land and catch fish (profit à prendre), which is considered immovable property under the Transfer of Property Act and the General Clauses Act. Since the sale of this right was valued over 100 rupees and was not in writing or registered, it violated Section 54 of the Transfer of Property Act, meaning no title or interest passed to the petitioners. Fundamental Rights: The court found no fundamental rights were infringed as the state did not confiscate or take possession of the contract but merely refused to recognize it, which could lead to a contractual dispute but not a constitutional one. 3.Things attached to earth. -According to Section 3 of the Transfer of Property Act, 1882 expression things attached to earth’ means (i) rooted in the earth, as in the case of trees and shrubs, (ii) embedded in the earth, as in the case of walls or buildings; or (iii) attached to what is so embedded for the permanent beneficial enjoyment of to which it is attached. Things rooted to the earth-Rooted in earth as in the case of trees and shrubs. The trees, plants shrubs and herbs are rooted in the earth firmly they are called immovable property. When they are cut down their position are changed and they come under the category of movable property. But according to Section 3 of the TPA as an exception to this general rule are standing timber, growing crops and grass are movable properties. (ii) Things embedded in the earth– As in the case of walls or buildings which are fixed in the earth and become part of the land. Electricity poles, houses, buildings, walls are immovable properties because they are things embedded in the earth. Where the things are just placed…

Interview, judiciary, Law, Legal, Property ACT

Transfer for benefit of unborn person sec. 13 TPA

Transfer for benefit of unborn person sec. 13 TPA Provisions regarding transfer of property for the benefit of unborn persons have been laid down in Section 13 of the Transfer of Property Act, 1882. Accordingly sec.13 reads as,  “where on a transfer of property, an interest is created therein for the benefit of a person not in existence on date of the transfer, subject to a prior interest created by the same transfer, the interest created for the benefit of such person shall not take effect, unless it extends to the whole of the remaining interest of the transferor in the property.” Illustration A transfers property of which he is the owner to B, in trust for A and his intended wife successively for their lives and after the death of survivor for the eldest son of the intended marriage for life and after his death for A’s second son. The interest so created for the benefit of the eldest son does not take effect, because it does not extend to the whole of A’s remaining interest in the property. Transfer for the benefit of unborn person.–    According to Section 5 of the Transfer of Property Act, 1882, the general rule is that property can be transferred from one living person to another. However, if someone wishes to transfer property to an unborn person, unborn is a person who is not in existence at the time of the transfer not even in the mother’s womb, such a transfer is also possible, subject to the conditions and methods provided in Section 13 of the Act.. A transfer cannot be made directly to an unborn person. Such a transfer can only be made by the machinery of trusts. For the benefit of the trustees being the transferee who held the property for the benefit of the unborn person. Hence, it is clear that a property, cannot be transferred to an unborn person directly. Such transfer can be made by the machinery of trust. Procedure of  Transfer to an unborn As per section 13 of the Act, for a transfer of benefit of unborn; (i) a life estate has to be created in favour of living person or persons and, (ii) an absolute interest must be transferred in favour of the unborn. The person in whose favour a life estate has been created shall possess and enjoy it till the time he/she is alive. If during such person’s life time the person in whose favour an absolute interest has been created (i.e. the unborn) is born, the title in the property shall immediately vest in him/her even though he/she would get possession of the property only upon the death of life holder. If the unborn is not born during the life time of the life holder, the property shall be enjoyed by the life holder during his life time after which it would revert back to the transferor or his heirs as the case maybe. Example In a case where A transfers his property in 1960 to B for life and then to C for life and finally to C’s son S, who is unborn at this time. Both B and C are alive at this time the property would be first possessed by B for his life and then by C. And after C the property shall be transferred absolutely to the S, who must be in existence at or before the death of the C. S is born in 1970. At this time, he takes a vested interest in the property but the possession of it is postponed till the death of C (which say for instance took place in 1975) If S died in 1974, then because he had a vested interest in the property since 1970 i.e. when he was born, the property would after the death of C go to the heirs of S. But if S was not born till 1975 (i.e. when the last life estate in favour of C ended) then the property would revert back to A or his heirs as the case maybe. Thus it is important for a valid transfer under section 13, for an absolute interest to be created in favour of unborn (i.e. a life estate cannot be made in favour of unborn) and for the unborn to come into existence before the life estate created in favour of someone else comes to an end.   According to Section 13 a property can be transferred for the benefit of an unborn person subject to the following conditions:   Prior interest: Transfer for the unborn person must be preceded by a life interest in favour of a person in existence at the date of the transfer. The property which is to be transferred must vest in some person between the date of the transfer and coming into existence of the unborn person. The interest of the unborn person must, therefore, be in every case preceded by a prior interest and before termination of prior preceding interest, the unborn person must come in existence otherwise it would not vest in the unborn person. 2. Only absolute interest may be transferred in favour of the unborn person. It means property can not be transferred to an unborn with life interest or without power of alienation.   We have the following propositions: (i) the intermediary person living at the time of the transfer is to be given only life interest. It means giving him only the right of enjoyment and possession. He has to preserve the property like a trustee during the life.time on behalf of the unborn person. (ii) The unborn must come into existence before the death of the.person holding property for the life. After the death of last living person in other words after the termination of the preceding interest the unborn person comes into existence, he cannot succeed to get the property. Because of the fact after termination of life interest, the property cannot remain in abeyance.and cannot wait…

Interview, judiciary, Law, Legal, Property ACT

Section 11 of the Limitation Act, 1963: Suits on Foreign Contracts

Provision Section 11 deals with the applicability of the Limitation Act to suits instituted in India on contracts entered into outside India. Key Points Foreign Contracts The section addresses contracts made outside India and suits brought in Indian courts based on such contracts. It ensures that the Indian Limitation Act applies to these suits, regardless of where the contract was made. Non-Applicability of Foreign Limitation Laws The limitation laws of the foreign country where the contract was made do not apply to suits filed in India. This provision ensures uniformity and consistency in the application of limitation periods for suits filed in India. Applicability of Indian Limitation Act Indian courts will apply the limitation periods prescribed by the Limitation Act, 1963, to suits on foreign contracts. This avoids the complications and inconsistencies that might arise from applying different limitation laws. Purpose The section aims to provide clarity and uniformity in the application of limitation laws for suits filed in India, ensuring that all suits, regardless of the place of contract formation, are subject to the same limitation periods. Illustration If a contract is made in the USA and a suit is filed in India based on this contract, the Indian Limitation Act, 1963, will determine the limitation period for the suit, not the limitation laws of the USA. Conclusion Section 11 of the Limitation Act, 1963, ensures that suits based on foreign contracts filed in Indian courts are governed by Indian limitation laws. This provision brings clarity, uniformity, and consistency to the legal framework, avoiding confusion that might arise from the application of foreign limitation laws

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Section 10 of the Limitation Act, 1963

Provision Section 10 provides that no limitation period applies to suits against a person in whom property has become vested in trust for a specific purpose, or against the legal representatives of such a person. Key Points Trust Property The section applies to property vested in a trustee for a specific purpose. It includes both express trusts (explicitly created by a deed or will) and implied trusts (arising by implication of law). No Limitation There is no limitation period for filing suits against trustees or their legal representatives concerning trust property. This provision ensures that trust property is protected and can be reclaimed at any time, regardless of the passage of time. Legal Representatives The provision extends to suits against the legal representatives of a trustee. It ensures that the obligations of a trustee regarding the trust property continue even after the trustee’s death. Purpose This section aims to safeguard trust property and uphold the fiduciary responsibilities of trustees. It prevents trustees from wrongfully benefiting from the property by relying on the expiration of the limitation period. Illustration If a property is vested in B as a trustee for the benefit of C, C can file a suit to reclaim the property from B or B’s legal representatives at any time, without being barred by the limitation period. Conclusion Section 10 of the Limitation Act, 1963, protects trust property and ensures that trustees and their legal representativescannot misuse the limitation period to escape their fiduciary obligations. This provision emphasizes the need to uphold trust and accountability in matters of property vested in trust.

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Section 9 of the Limitation Act, 1963: Continuous Running of Time

Provision Section 9 stipulates that once the period of limitation starts running, it continues to run irrespective of any subsequent disability or inability to institute a suit or make an application. Key Points Commencement and Continuation When the period of limitation begins, it continues uninterrupted. Any subsequent legal disability (such as becoming a minor, insanity, or idiocy after the limitation period has started) does not pause or extend the limitation period. Subsequent Disability The section specifically addresses situations where a person becomes incapacitated after the limitation period has started. The limitation period is not affected by any such subsequent disability; it continues to run as if no such disability had occurred. Purpose This provision ensures legal certainty and finality by preventing indefinite extensions of the limitation period due to changes in the legal status of the person entitled to file the suit or application. Illustration If A becomes entitled to file a suit on January 1, 2020, and the limitation period is three years, the period will end on December 31, 2022, regardless of whether A becomes incapacitated during this period. Conclusion Section 9 of the Limitation Act, 1963, ensures that the limitation period runs continuously once it commences, unaffected by any subsequent disabilities. This provision promotes legal stability and avoids the complexities of extending limitation periods indefinitely.

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Section 8 of the Limitation Act, 1963: Exceptions to Legal Disability Provisions

Provision Section 8 of the Limitation Act, 1963, specifies exceptions to the application of Sections 6 and 7 regarding the extension of the limitation period due to legal disability. It outlines particular circumstances where the extension provided under Sections 6 and 7 does not apply. Key Points Exceptions to Legal Disability Provisions Section 8 stipulates that the provisions for extending the limitation period due to legal disability, as mentioned in Sections 6 and 7, do not apply to certain types of suits. These exceptions ensure that specific legal actions must adhere strictly to the prescribed limitation periods, regardless of any legal disability of the persons entitled to file the suit. Types of Suits Excluded Rights of Pre-emption: Suits to enforce rights of pre-emption are excluded from the provisions of Sections 6 and 7. Pre-emption refers to the right of a person to acquire property in preference to others, often seen in property law, where a neighboring landowner has the right to purchase property before it is offered to outsiders. Possession of Immovable Property: Suits for possession of immovable property or an interest therein are also excluded. This includes suits seeking recovery of property or asserting a right over immovable property. Condition for Exclusion The exclusion applies if the legal disability continues up to the end of the prescribed period for filing the suit. This means that if the period of limitation expires while the person is still under a disability, the extension provisions do not apply, and the suit cannot be filed after the prescribed period. Rationale for Exclusion The rationale behind these exclusions is to prevent undue delay in certain types of legal actions that require timely resolution, such as those involving property rights. It ensures that the enforcement of specific rights is not unduly delayed, maintaining legal certainty and stability in matters related to property and pre-emption rights. Illustration If X has a right of pre-emption over a piece of land and is a minor when the cause of action arises, the limitation period will not extend beyond the prescribed period, even if X remains a minor when the period expires. For instance, if the prescribed period is three years, X must file the suit within three years from the date of the cause of action, irrespective of the minority. Legal Impact Section 8 imposes a strict adherence to the limitation period for specific legal actions, ensuring that certain rights are enforced promptly and without undue delay. It provides clarity and certainty in legal proceedings related to property and pre-emption rights, preventing the extension of limitation periods due to legal disabilities. Conclusion By outlining these exceptions, Section 8 of the Limitation Act, 1963, ensures that the provisions for extending the limitation period due to legal disability do not apply to critical legal actions that require prompt resolution.

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Section 7 of the Limitation Act, 1963: Disability of One of Several Persons

Provision Section 7 addresses situations where multiple individuals are jointly entitled to institute a suit or make an application for the execution of a decree, and one or more of these individuals are under a legal disability (minority, insanity, or idiocy) at the time the period of limitation starts. Key Points Joint Entitlement and Legal Disability If there are multiple persons entitled to file a suit or application and one or more are under a legal disability at the time from which the limitation period is to be reckoned, the law provides protection to the person(s) under the disability. Legal disability includes conditions such as minority (being a minor), insanity, or idiocy. Commencement of Limitation Period The limitation period for filing the suit or application does not commence until the disability ceases for the person(s) affected. This means that the limitation period is effectively paused until the person under disability reaches the age of majority, regains sanity, or recovers from idiocy. Multiple Persons and Disability When the disability of one person among several ends, the limitation period starts for all entitled persons. If there are multiple persons under disability, the limitation period starts only when the last person’s disability ceases. This ensures that all persons have an equal opportunity to file the suit or application without being prejudiced by the disability of one or more among them. Protection of Rights The section is designed to protect the legal rights of individuals who cannot act on their own behalf due to a legal disability. It ensures that the inability of one individual to act does not extinguish the collective right to seek legal redress. Illustration If A and B are entitled to file a suit and B is a minor when the cause of action arises, the limitation period will not commence until B attains majority. For instance, if B attains majority on January 1, 2022, the limitation period starts from that date. Legal Safeguards This section safeguards the interests of vulnerable individuals, ensuring that their legal rights are preserved until they are capable of making decisions and taking actions independently. Conclusion By addressing these points, Section 7 of the Limitation Act, 1963, ensures that the justice system remains fair and equitable, especially for those who are temporarily incapacitated from protecting their own legal interests.

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Section 6 of the Limitation Act, 1963

Section 6 of the Limitation Act, 1963 addresses the situation where a person entitled to institute a suit or make an application is under a legal disability, such as minority, insanity, or idiocy. This section extends the limitation period for such individuals, ensuring that their legal rights are not adversely affected due to their incapacity. Text of Section 6: “Legal disability: (1) Where a person entitled to institute a suit or make an application for the execution of a decree is, at the time from which the prescribed period is to be reckoned, a minor, insane, or an idiot, he may institute the suit or make the application within the same period after the disability has ceased, as would otherwise have been allowed from the time specified therefore in the third column of the Schedule. (2) Where such person is, at the time from which the prescribed period is to be reckoned, affected by two such disabilities, or where, before his disability has ceased, he is affected by another disability, he may institute the suit or make the application within the same period after both disabilities have ceased, as would otherwise have been allowed from the time so specified. (3) Where the disability continues up to the death of that person, his legal representative may institute the suit or make the application within the same period after the death, as would otherwise have been allowed from the time so specified. (4) Where a person under disability dies after the disability ceases but within the period allowed to him under subsection (1) or subsection (2), his legal representative may institute the suit or make the application within the remaining period which the person under disability could have instituted such suit or made such application had he lived. Explanation: For the purposes of this section, ‘minor’ includes a child in the womb.” Key Points: Legal Disability: Legal disability refers to conditions such as minority, insanity, or idiocy that impair a person’s ability to manage their affairs and take legal actions. Shifting of Limitation Period: If a person entitled to file a suit or application is under a legal disability at the time the limitation period begins, the limitation period is shifted until the disability ceases. The person can initiate the legal action within the same period after the disability ceases, as would have been allowed from the original start of the limitation period. Multiple Disabilities: If a person is affected by multiple disabilities, either simultaneously or sequentially, the extension applies until all disabilities have ceased. The person can initiate the legal action within the same period after the cessation of the last disability. Legal Representative’s Rights: If the person under disability dies while still under the disability, their legal representative can initiate the legal action within the same period after the person’s death as would have been allowed if the person had lived and the disability had ceased. If the person dies after the disability ceases but within the extended period allowed under Section 6, their legal representative can initiate the action within the remaining period. Minority: The term “minor” includes a child in the womb, ensuring that the rights of unborn children are protected under this provision. Practical Implications: Protection of Rights: Section 6 protects the rights of individuals who are incapable of acting on their own behalf due to legal disabilities. It ensures that they do not lose their right to legal recourse simply because they were unable to act within the prescribed period. Legal Strategy: Legal representatives and guardians must be aware of the extended limitation periods provided under Section 6 to effectively manage the legal affairs of persons under disability. Judicial Consideration: Courts consider the specific circumstances of each case, including the nature and duration of the disability, to determine the applicability and extent of the extension provided under this section. Landmark Judgments: Rangammal v. Kuppuswami (2011): The Supreme Court of India held that the period of limitation would begin only after the cessation of the disability. This case reinforced the principle that legal disabilities must be given due consideration to ensure that affected individuals are not unjustly barred from seeking legal redress. Gowramma v. Shivanand (2019): The Karnataka High Court reiterated that the purpose of Section 6 is to protect the interests of individuals under disability and ensure that their legal rights are not extinguished due to their incapacity. Examples: Minority: If a minor is entitled to file a suit, the limitation period starts only after they reach the age of majority. For instance, if the limitation period for a particular suit is three years and the minor attains majority at 18, they can file the suit within three years from their 18th birthday. Insanity: If a person entitled to make an application becomes insane, the limitation period is extended until they regain sanity. For example, if the person recovers after five years, the limitation period starts from the date they regain sanity. Multiple Disabilities: If a person is a minor and also insane, the limitation period is extended until both disabilities cease. If the person attains majority but remains insane, the limitation period starts only after they regain sanity. Conclusion: Section 6 of the Limitation Act, 1963, is a vital provision that ensures individuals under legal disability are not deprived of their right to seek justice due to their incapacity. By extending the limitation period for such individuals, it upholds the principles of fairness and equity in the legal system. This section underscores the importance of accommodating the unique circumstances of persons under disability, thereby safeguarding their legal rights and interests.

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Section 5 of the Limitation Act, 1963

Section 5 of the Limitation Act, 1963 is a crucial provision that provides for the extension of the prescribed period for filing appeals or applications in certain cases. This section embodies the principle of equity and justice, allowing courts to condone delays if the applicant demonstrates sufficient cause for not being able to meet the deadline. Text of Section 5: “Extension of prescribed period in certain cases: Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908, may be admitted after the prescribed period if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period. Explanation: The fact that the appellant or applicant was misled by any order, practice, or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section.” Key Points: Applicability: Section 5 applies to appeals and applications, excluding applications under Order XXI of the Code of Civil Procedure, 1908. It does not apply to suits, which are governed by the limitation periods prescribed without extension under this section. Sufficient Cause: The term “sufficient cause” is not explicitly defined in the Act, allowing courts to interpret it on a case-by-case basis. It generally includes circumstances beyond the control of the appellant or applicant that prevented them from filing within the prescribed period. This can encompass a wide range of situations, such as illness, incorrect legal advice, or administrative delays. Discretion of the Court: The extension of time under Section 5 is at the discretion of the court. The court must be satisfied that the delay was caused by circumstances that constitute sufficient cause. This requires a judicious balance between the right of the appellant or applicant to have their case heard and the need for timely resolution of disputes. Explanation Clause: The explanation to Section 5 indicates that being misled by an order, practice, or judgment of the High Court in ascertaining or computing the prescribed period may be considered a sufficient cause for the purposes of this section. This emphasizes the importance of fairness and equity in judicial proceedings. Practical Implications: Judicial Flexibility: Section 5 provides courts with the flexibility to address delays that occur due to genuine and unavoidable circumstances. This helps in preventing the miscarriage of justice due to strict adherence to procedural timelines. Burden of Proof: The onus is on the appellant or applicant to demonstrate sufficient cause for the delay. They must provide a plausible explanation supported by evidence to convince the court. Case-by-Case Basis: Courts assess each application for condonation of delay on its individual merits, considering factors such as the length of the delay, the reasons provided, and the overall interests of justice. Landmark Judgments: Collector, Land Acquisition, Anantnag & Anr. v. Mst. Katiji & Ors. (1987): The Supreme Court emphasized that a liberal approach should be adopted in interpreting “sufficient cause” to ensure that technicalities do not hinder justice. The Court observed that substantial justice should not be sacrificed on the altar of technicalities. Balwant Singh v. Jagdish Singh (2010): The Supreme Court reiterated that “sufficient cause” should be construed liberally but not so generously as to defeat the purpose of the Limitation Act. The applicant must provide a reasonable explanation for the delay. State of West Bengal v. Administrator, Howrah Municipality (1972): The Court held that the doctrine of “sufficient cause” is elastic enough to enable the courts to apply the law in a meaningful and practical manner. Examples: Medical Emergencies: If an appellant was hospitalized and unable to file an appeal within the prescribed period, they can seek an extension under Section 5 by providing medical certificates and other relevant documents. Incorrect Legal Advice: If an applicant received incorrect legal advice regarding the limitation period and missed the deadline, they can seek condonation of the delay by proving that they acted in good faith based on the advice received. Administrative Delays: If there were delays in obtaining necessary documents from government offices, which prevented the timely filing of an application, the applicant can seek an extension by providing evidence of the efforts made and the reasons for the delay. Conclusion: Section 5 of the Limitation Act, 1963, serves as a crucial provision to ensure that justice is not denied due to procedural delays. By allowing courts to extend the prescribed period for filing appeals and applications upon showing sufficient cause, it provides a necessary balance between adherence to legal timelines and the principles of fairness and equity. This section underscores the judiciary’s role in interpreting and applying the law in a manner that upholds the overarching goal of delivering substantial justice.

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Section 4 of The Limitation Act, 1963

Section 4 of the Limitation Act, 1963 addresses the situation when the prescribed period for any legal action expires on a day when the court is closed. This section provides a safeguard to ensure that the right to institute a legal action is not unfairly curtailed due to court holidays or closures. It is to be kept in mind that since Section 4 is an exception, it will not increase the prescribed period (PP). It is just an exception to Section 3. Text of Section 4: “Expiry of prescribed period when court is closed: Where the prescribed period for any suit, appeal, or application expires on a day when the court is closed, the suit, appeal, or application may be instituted, preferred, or made on the day when the court reopens. Explanation: A court shall be deemed to be closed on any day if during any part of its normal working hours it remains closed on that day.” Key Points: Prescribed Period: The term “prescribed period” refers to the time limit set by the Limitation Act for initiating a legal action. These periods vary depending on the nature of the suit, appeal, or application. Court Closure: This section applies when the last day of the limitation period falls on a day when the court is closed. This closure can be due to weekends, public holidays, or any other reason that leads to the court being non-operational during its normal working hours. Extension to the Next Working Day: If the last day of the limitation period is a day when the court is closed, Section 4 allows the action to be initiated on the next day when the court reopens. This provision ensures that parties are not deprived of their right to legal recourse simply because the court was closed on the last day of the limitation period. Explanation Clause: The explanation to Section 4 clarifies that a court is considered closed if it remains closed for any part of its normal working hours on a given day. This means that even if the court is open for a brief period but is closed for the majority of its working hours, it is still deemed to be closed. Practical Implications: Fairness and Justice: This provision aims to ensure fairness and justice by accommodating the practical realities of court closures. It prevents the limitation period from expiring on a day when it is impossible to take legal action. Legal Strategy: Lawyers and litigants must be aware of this provision as it can be crucial in planning the timing of filing suits, appeals, or applications. It provides a cushion period to ensure that their actions are not dismissed on technical grounds of being time-barred. Administrative Ease: It simplifies the administrative process by providing a clear rule for handling cases where the limitation period ends on a day the court is closed, thus avoiding confusion and potential disputes over filing deadlines. Examples: If the last day to file an appeal is on a Sunday (a non-working day for courts), under Section 4, the appeal can be filed on the following Monday when the court reopens. If a public holiday falls on the last day of the limitation period, the legal action can be initiated on the next working day immediately after the holiday. Conclusion: Section 4 of the Limitation Act is a crucial provision that ensures the right to legal action is preserved despite court closures. It reflects the principle that procedural technicalities should not impede access to justice. By allowing the initiation of legal proceedings on the next working day after a court closure, it provides a practical solution to a common issue, thereby promoting fairness and equity in the legal process.

judiciary, Law, Legal