b man (Namaste) 21 June 2012

Limitation case

hi,

I was illegally evicted (water cut, elect cut forced to move residence temperarily, I had not vacated the flat) then the bldg was demolished for redevelopment. I want to hold all the concern persons accountable for their criminal acts and demolishtion without my consent (had sole possession of the flat for past 11 years).

The STATUTE OF LIMITATION, I was told by someone has passed as the case is 1 year old.

I wish to know how do I get JUSTICE in when limitations period has passed.

Surely, the LAW can't say that the limitation period has passed so the CRIMINAL ACTS of the accused can't be excused. Does that mean that I person who due to financial constraints did not act for 1 year has NO RIGHT TO GET JUSTICE.

I FIND THIS SHOCKING. Please suggest some way out for me.

thanks,

Regards

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3 Replies

(Guest)

Vigilantibus Non Dormientibus Jura Subveniunt

Law will help only those who are vigilant. Law will not assist those who are careless of his/her right. In order to claim one’s right, s/he must be watchful of his/her right. Only those persons, who are watchful and careful of using his/her rights, are entitled to the benefits of law. Law confers rights on persons who are vigilant of their rights. Usually, law prescribes statutory limitations for enforcing one’s relief against another. One cannot institute a suit after the prescribed statutory period. A person who has kept mum during the statutory period cannot claim for the enforcement of right after the statutory limitation.

money only make matters to fund litigation. without which one cannot be able secure any rights. it apllies to criminal law also. what are you doing in these times? simply watching and sleeping on your rights?

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anil kumar (service) 21 June 2012

LIMITATION IN CRIMINAL MATTERS - As per section 468 of Cr PC, Court cannot take cognizance of offence after expiry of following limitation period - (a) Six months, if the offence is punishable only with fine (b) One year, if the offence is punishable with imprisonment for a term not exceeding one year (c) three years, if the offence is punishable with imprisonment for a term not exceeding three years. However, in case of economic offences, there is no time limit. Also, if the offence is of a continuing nature, a fresh period of limitation shall begin to run at every moment of time during which the offence continues (S. 472). There are few more exceptions and it cannot be said that in all situations the limitation is one year or has since elapsed. Even now u can start prosecution of the offenders by lodging a complaint with police or in the concerned court.

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b man (Namaste) 21 June 2012

Hi,

Thanks Adv.Anil Kumar and Adv. Ganesan,

Appreciate your replies.

mr.Kumar, u said that in my case its an Economic offence. How can harrassing someone, disconnecting his water, electricity and demolishing a CHS bldg without an Court order against me (ordering my eviction from the flat) how can all this be described as an economic offence.

I belive this is a criminal act and therefore

The police didn't co-operate with my didn't take down my complaint saying that this is a civil matter I should go to court. The police is in the builder's pocket. i had gon eto them at the time of my illegal eviction. Dis appointed with the local police, I immediately lodged an online complaint on the mumbai police website.

Got on response for two months, then they called me to the local police station to record my statement, my statement was completely diluted nothing of what happened was recorded by them.

So I have an electronic record (online complaint) to prove that I had brought the matter to the notice of the police.

Please guide.

As a principle I believe that if someone (even if he was sleeping all this while) who has been wronged should always get JUSTICE. There can be no LIMITATION on that. If there is a delay in filling a case that only means that the Plaintiff has suffered in silence all this while, the need JUSTICE becomes that much more important in such cases.

That is my HUMBLE opinion.

Hoping to hear from you all.

Thanks,

regards