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kirtirani sole (Student)     23 October 2009

period of limitation

Resp. Sir/Madam

what is the difference between Doctrine of Latches & Perood of Limitation. only S.C. can utilise Doctrine of Latches?

Please enlighten me ...

Thanx n regards



Learning

 3 Replies


(Guest)

The Limitation Act 1963 states that every suit instituted,appeal preferred, and application made after the prescribed period shall be dismissed.  In other words the Limitation Act as prescribed the period within which a litigant has to institute proceedings to remedy his grievance. If there is delay to initate action with the period prescribed under the Limitation Act the litigant looses his right to remedy.  similarly there are special enactments which prescribes period of limitation independant of the Limitation Act.

So far as Doctribe of Laches is concerned, this applies to matter to which the Limitation Act does not apply. e.g for filing a writ petition the Limitation Act would not apply.  Hence if somebody sleeps over his matter and files a writ petition after a considerable delay, though there is no limitation period prescribed, yet the Courts may  not grant relief by invoking the doctrine of laches depending upon the facts and circumstances of the case.

Y V Vishweshwar Rao (Advocate )     24 October 2009

I agree Mr Menon ,

His expalantion is correct , where there is  provision in Limitation Act , it is called - time barred , -

where there is no limitation prescribed , the Doctrin of Laches will apply by observation of Court / s 

In  some  Cases  there is no Limitation , but the case filed after long time of   actual cause of action  ,  will be dismissed on the point of  in ordinate delay /  laches / sleeping over / not calimed with in  reasonable time   . 

 

Saurendra Rautray (advocate)     16 February 2010

Hi, Mr menon,

                              Good evening.   I had some queries in respect to limitation act. I hope you are free at this hour


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