Applicability of limittion act

Sathya Narayana (Querist) 02 November 2011 This query is : Resolved
WHETHER LIMITATION ACT PASSED BY THE HIGHEST LAW MAKING AUTHORITY VIZ: PARLIAMENT CAN BE OVERLOOKED / SUPERSEEDED BY COURTS OF LAW BY ALLOWING SLPs and under such circumstances what is the validity of limitation act ? whether state governments which are subordinate governments to govt.of india can themselves becomes parties to such slpS ?

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Raj Kumar Makkad (Expert) 02 November 2011
Your query is nothing but a constitutional debate. Courts especially Apex Court of India has got constitutional powers to look into validity of each and every Act passed by Parliament and if whole Act and any of its provision is found against basic essence of constitution itself then courts have to intervene and similarly if executive flouts any law then all citizen of India has a constitutional right to knock the doors of courts. Limitation Act is not an exception. Justice delievery is main aim of judiciary and if technicalities come in the way, those are ignored in the interest of justice.

Ajay Bansal (Expert) 02 November 2011
See section 468 to 482 Cr.P.C.

Ravikant Soni (Expert) 02 November 2011
Find no consistency between query and answer by Mr. Ajay bansal!!!

Shonee Kapoor (Expert) 02 November 2011
I think it is a repeated query in new gab.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Raj Kumar Makkad (Expert) 02 November 2011
It is difficult to be agree with Bansal/

prabhakar singh (Expert) 02 November 2011
WHO SAYS IT IS EASY MAKKAD.

prabhakar singh (Expert) 03 November 2011
mR. SONI ! HE IS AJAY N BANSAL TOO! WHY YOU FORGET IT. FOR GOD SAKE THIS TIME HE DID NOT SAY US TO SEE AIR MANUAL IS THE GREATEST HAPPY SITUATION.IS NOT THAT FOR YOU TOO??

Ravikant Soni (Expert) 03 November 2011
Truly said sir.
Sometimes I even makeup my mind to open the AIR Manual.

Guest (Expert) 03 November 2011
I agree with Shri Raj Kumar Makkad. Section 473 of CrPC clearly provides for exception about period of limitation in certain cases in the interests of justice.

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