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N.K.Assumi (Advocate)     22 February 2012

Can state government make law to remove limitation period?

Is it competent for any state to make law and declare that Limitation period will not apply to certain cases and removed the time barred by limitation period eg; money suits?



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 3 Replies

Dr.Chandran Peechulli (Chief Consultants)     22 February 2012

Chandran Peechulli Peechulli When the States are let loose by the so called Coalition-Government, it becomes very difficult later, for the Central Government, to pull the strings as it has the States with precedence of having, got used to more freedom than required, makes the Central- Govt more difficult to act on adamant states with local self-interest .Unity and the solidarity of the nation is diminished, weakens our nation from the eyes of the neighboring countries. NCTC: Mamata, non-Congress CMs oppose it; Centre tries to allay fears - The Times of India timesofindia.indiatimes.com

Jamai Of Law (propra)     22 February 2012

 

I understand that ... Limitation act (being an adjective law) to be read with procedural statutes.

 

 

State can not amend this law to give any concessions ... it may cause prejudice to the central enactment and bare minimum uniformity prevailing.

 

 

State can make a stricter regime without prejudicing the current central enactment.

 

 

Already the mandate adopted by the judiciary is to construe objections as to limitation etc pragmatically, as  there are sufficient residuary clauses to cover those scenarios specifically not covered under any article etc, with a discretion to condone delay by leave of court over sufficient cause.

 

 

Please correct me if I am wrong.

 

N.K.Assumi (Advocate)     23 February 2012

Thanks.


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