This document provides an overview of limitation acts and periods of limitation in India. It discusses how the Indian legal system is based on Roman law and how England introduced statutes of limitation. The first Indian Limitation Act was passed in 1859, followed by subsequent acts in 1871 and 1877. The Limitation Act of 1908 consolidated previous laws and consisted of 30 sections and 183 articles. The present Limitation Act of 1963 was passed to implement the third law commission report. The objective of limitation acts is to fix time periods for legal actions and avoid long dormant claims. The document then outlines the limitation periods for various types of civil suits and applications as prescribed in the first, second and third divisions of the Limitation Act of 1963.
This explain object of Indian Limitation Act 1963. It define limitation. Explains how limitation is computed, what is effect of death, acknowledgement and prescription.
IT WILL HELP YOU IN KNOWING ABOUT THE DECREE IN SUITS, ITS DEFINITION AND OTHER DETAILS. THESE NOTES ARE HELPFUL TO EVERY LAW STUDENTS, GRADUATES, PROFESSIONALS AND ALSO OTHER STREAM PEOPLE WHO ARE WILLING TO GAIN KNOWLEDGE ABOUT LAW.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
The following presentation tends to explain the concept of Summary proceedings under the Civil Procedure Code in India.It elaborates on the suits to which this order applies and the procedure to be followed therein.
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
You can also visit my YouTube channel: CS Bhuwan Taragi –The law talks
You can connect me on:
Telegram: https://t.me/TheLawTalks
Facebook Page: The Law Talks
LinkedIn: https://www.linkedin.com/in/csBhuwanTaragi
Instagram: the_law_talks
Podcast: https://anchor.fm/thelawtalks
You can watch these Company law topics as well:
Audit committee: https://youtu.be/3oRgCc5uZ-4
Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
Types of Directors: https://youtu.be/COWYEcZ-0Qo
Loan to Directors: https://youtu.be/oAcOSQJwNgY
Holding and subsidiary definition: https://youtu.be/_ttqn39IjNE
Director Identification no. : https://youtu.be/AGty3SqbOMM
Difference between MOA & AOA: https://youtu.be/TmnRc2TRxTw
Annual General Meeting: https://youtu.be/0Jxtegi2IGg
Requirement of MGT-14: https://youtu.be/6kYdXpbDABM
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This explain object of Indian Limitation Act 1963. It define limitation. Explains how limitation is computed, what is effect of death, acknowledgement and prescription.
IT WILL HELP YOU IN KNOWING ABOUT THE DECREE IN SUITS, ITS DEFINITION AND OTHER DETAILS. THESE NOTES ARE HELPFUL TO EVERY LAW STUDENTS, GRADUATES, PROFESSIONALS AND ALSO OTHER STREAM PEOPLE WHO ARE WILLING TO GAIN KNOWLEDGE ABOUT LAW.
Code of civil procedure 1908 reference, review, revisionDr. Vikas Khakare
This explains what is reference, review and revision. when and where it can be made. It also explains difference between reference, review and revision.
Code of civil procedure 1908 pleading plaint written statementDr. Vikas Khakare
This explains what is pleading, rules of pleading. Plaint, its contents, when it can be amended. Written Statement, its contents, set off and counter claim.
The following presentation tends to explain the concept of Summary proceedings under the Civil Procedure Code in India.It elaborates on the suits to which this order applies and the procedure to be followed therein.
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
You can also visit my YouTube channel: CS Bhuwan Taragi –The law talks
You can connect me on:
Telegram: https://t.me/TheLawTalks
Facebook Page: The Law Talks
LinkedIn: https://www.linkedin.com/in/csBhuwanTaragi
Instagram: the_law_talks
Podcast: https://anchor.fm/thelawtalks
You can watch these Company law topics as well:
Audit committee: https://youtu.be/3oRgCc5uZ-4
Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
Types of Directors: https://youtu.be/COWYEcZ-0Qo
Loan to Directors: https://youtu.be/oAcOSQJwNgY
Holding and subsidiary definition: https://youtu.be/_ttqn39IjNE
Director Identification no. : https://youtu.be/AGty3SqbOMM
Difference between MOA & AOA: https://youtu.be/TmnRc2TRxTw
Annual General Meeting: https://youtu.be/0Jxtegi2IGg
Requirement of MGT-14: https://youtu.be/6kYdXpbDABM
#CPC #llb #lawclass #reference #review #revision #civilprocedurecode #section113 #lawtopic #legalupdate #lawcollage #rajasthanuniversity #ccs #mdu #du #lawfaculty #clatexams #lawentenrance #legalknowledge #legal #lawupdate #llbexams #ll.bexams #lawexamination #llb3year #lawrevision #short #advocate #lawyer #lawpractise #courtprocedure #ICSI #CS #CA #ICAI #ICWAI #CMA #LAW #Companysecretary
The presentation TRANSFER OF PROPERTY ACT, 1882 includes the object of the Act, property, transfer, nature of transfer, kinds of transfer, the difference between movable and immovable property etc.
Code of civil procedure 1908 miscellaneous, interest,cost, exemption from app...Dr. Vikas Khakare
This contains miscellaneous provision like interest in suit, cost of suit, persons exempted for appearing in the court, caveat and inherent powers of court.
THE SLIDES CONCENTRATE N THE ISLAMIC CONCEPT OF PRE-EMPTION (SHUFA). IT INCLUDES ITS PRESENT AND CONSTITUTIONAL STATUS AS WELL. HELPFUL FOR LAW STUDENTS AND PROFESSIONALS
he Specific Relief Act, 1963 is an Act of the Parliament of India which provides remedies for persons whose civil or contractual rights have been violated. It replaced an earlier Act of 1877. The following kinds of remedies may be granted by a court under the provisions of the Specific Relief Act:
Recovery of possession of property
Specific performance of contracts
Rectification of instruments
Rescission of contracts
Cancellation of Instruments
Declaratory decrees
Injunction
The Specific Relief of Act 1877
The Law of Limitation Act, 1908
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
The Specific Relief of Act 1877
The Law of Limitation Act, 1908
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
The presentation TRANSFER OF PROPERTY ACT, 1882 includes the object of the Act, property, transfer, nature of transfer, kinds of transfer, the difference between movable and immovable property etc.
Code of civil procedure 1908 miscellaneous, interest,cost, exemption from app...Dr. Vikas Khakare
This contains miscellaneous provision like interest in suit, cost of suit, persons exempted for appearing in the court, caveat and inherent powers of court.
THE SLIDES CONCENTRATE N THE ISLAMIC CONCEPT OF PRE-EMPTION (SHUFA). IT INCLUDES ITS PRESENT AND CONSTITUTIONAL STATUS AS WELL. HELPFUL FOR LAW STUDENTS AND PROFESSIONALS
he Specific Relief Act, 1963 is an Act of the Parliament of India which provides remedies for persons whose civil or contractual rights have been violated. It replaced an earlier Act of 1877. The following kinds of remedies may be granted by a court under the provisions of the Specific Relief Act:
Recovery of possession of property
Specific performance of contracts
Rectification of instruments
Rescission of contracts
Cancellation of Instruments
Declaratory decrees
Injunction
The Specific Relief of Act 1877
The Law of Limitation Act, 1908
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
The Specific Relief of Act 1877
The Law of Limitation Act, 1908
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
The Specific Relief of Act 1877
The Law of Limitation Act, 1908
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
The Specific Relief of Act 1877
The Law of Limitation Act, 1908
ARNAB KUMAR DAS
Port City International University,
Chittagong, Bangladesh.
SID: LLB 00305037
Landlord and Tenant LawIn this lecture, we will continue our dis.docxsmile790243
Landlord and Tenant Law
In this lecture, we will continue our discussion of property law with an analysis of landlord and tenant law.
We begin with a discussion of the types of tenancies. A fixed-term tenancy or tenancy for years lasts for a specific period of time (e.g., a year, a month, a week). This length of time is set by express contract and ends automatically without notice. A periodic tenancy (also created by a lease) does not have a specific end date though rent is due at regular intervals. These tenancies last until terminated and notice is required to end the lease. Tenancy at will is similar, but does not require notice to terminate the leasehold interest. Finally, tenancy at sufferance is possession of land without a right. These are created when a tenant remains in possession of land without consent after the termination of another tenancy.
Ordinarily, these tenancies are created by the lease. Leases may be written or oral though leases that last longer than a year must be in writing to be valid under the Statute of Frauds. These leases are essentially contracts, and normal contract principles will apply. Therefore, landlords must be careful to avoid unconscionability issues where a judge may declare the lease to be invalid when one party as a result of disproportionate bargaining power is forced to accept a deal that unfairly benefits one party. In addition, federal law prohibits property owners from discriminating against potential and actual tenant based on race, religion, national origin or sex.
Importantly, the landlord/tenant relationship creates various rights and duties between landlords and tenants.
Firstly, the landlord is required to give the tenant possession of the land for the lease term. The tenant has the right to retain possession until the lease expires. As in with warranty deeds, the covenant of quiet enjoyment is of critical importance. Additionally, this duty on behalf of the landlord can be breached when the landlord evicts the tenant without cause (an eviction occurs when a landlord deprives a tenant of possession before the end of the stated term). Eviction need not be physical. A constructive eviction is said to occur when the landlord wrongfully performs or fails to perform any of the undertakings the lease requires, thereby making the tenant’s further use of and enjoyment of the property difficult or impossible. For example if the landlord is responsible for repairs, it may be a constructive eviction to fail to repair the heating system in the dead of winter.
The next rights and duties to discuss concern the use and maintenance of the leased property. The tenant may use the property in a reasonable manner that reasonably relates to the ordinary use of the property. However, the tenant is responsible for damages, excluding ordinary wear and tear. The landlord must comply with local building codes. This also plays into the implied warranty of habitability. This warranty requires th ...
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This contains important provisions of Indian Limitation Act 1963, definitions, principles, bar of suit, effects of limitation, computation of limitation period etc.
OBJECTIVE
Winding up is the final stage in the business cycle of a Company. It is the process of closing down the legal existence of a company. It can be done either by the Company on its own (voluntary winding up) or by an order passed by the Tribunal (compulsory winding up). The webinar covers the aspects of various provisions relating to disclaimer of onerous property by the Company Liquidator and the powers that can be exercised by the Company Liquidator upon sanction by the Tribunal as enshrined in the Companies Act, 2013 read with Companies (Winding Up) Rules, 2020.
The Prevention of Money Laundering Act, 2002 (PMLA) is an Act to prevent money-laundering and to provide for confiscation of property derived from, or involved in, money-laundering. In this webinar, we shall analyse and understand the various provisions of the Act covering the meaning of Money Laundering, the consequences and the procedures involved.
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Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
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WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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2. Indian Legal System based on the Roman
Legal System.
English Law is dependent on Roman Law.
Introduced by Emperor Theodosius
introduced a Statute of Limitation in 1424.
Object of the statute to fix a period within
which all sorts of actions were to be
instituted.
During British India, regulations were
passed from time to time for fixing period of
limitation.
3. First time a Law of Limitation was passed by Act
XIV of 1859.
Act of 1859 was followed by Act XIX of 1871 and
the same was followed by the Act XV of 1877.
Finally the Limitation Act, 1908 consolidated the
law relating to limitation for suits, appeals and
applications.
Act of 1908 consists of 30 Sections and 183
Articles.
Present Limitation Act 1963, was passed to
implement the Third Report of the Law
Commission on the Indian Limitation Act.
4. That long dormant claims have more of
cruelty than justice in them;
That a defendant might have lost the
evidence to dispute the state claim;
That persons with good causes of actions
should pursue them.
5. That the right not exercised for a long
time is non-existence;
That the rights in property and rights in
general should not be in a state of
constant uncertainty, doubt and
suspense.
6. An Act to consolidate and amend the law
for the limitation of suits and other
proceedings and for purposes connected
therewith.
7. Is to fix or prescribe period for barring
legal actions.
Section 2 (j) of the Limitation Act, 1963,
‘period of limitation’ means the period of
limitation prescribed for any suit, appeal
or application by the Schedule and
‘prescribed period’ means the period of
limitation computed in accordance with
the provisions of the Act.
8. Limitation Act of 1963 contains:
a. First Division deals with Suits (Articles
1 – 113)
b. Second Division deals with Appeals
(Articles 114 – 117)
c. Third Division deals with Applications
(Articles 118 – 137)
9. The Rajasthan High Court has observed
that the rules of limitation are intended to
induce the claimant to be prompt in
claiming relief and in avoiding
unexplained delay and latches.
10. The Supreme Court of India has held
“The object of the law of limitation is to
prevent disturbance or deprivation of
what may have been acquired in equity
and justice by long enjoyment or what
may have been lost by a party’s own
inaction, negligence or latches”
11. Bar of limitation (1) Subject to the provisions contained in sections 4 to 24 (inclusive)
every suit instituted, appeal preferred, and application made after the prescribed period
shall be dismissed although limitation has not been set up as defense;
(1) For the purposes of this Act,
(a) A suit is instituted,
(i) in an ordinary case, when the plaint is presented to the proper officer;
(ii) in the case of a pauper, when his application for leave to sue is a pauper is made; and
(iii) in the case of a claim against a company which is being wound up by the court,
when the claimant first sends in his claim to the official liquidator;
(b) any claim by way of a set-off or a counter claim, shall be treated as a separate suit
and shall be deemed to have been instituted-
(i) in the case of a set-off, on the dame date as the suit in which the set off is pleaded;
(ii) in the case a counter claim, on the date on which the counter claim is made in court;
(c) an application by notice of motion in a High Court is made when the application is
presented to the proper officer of that court;
12. For the balance due on a
mutual, open and current
account where there have
been reciprocal demands
between the parties.
Three years The close of the year in which the last
item admitted or proved is entered in
the account; such year to be
computed as in the account.
Against a factor for an account Three years When the account is during the
continuance of the agency, demanded
and refused or, where no such demand
is made, when the agency terminates.
By a principal against his agent
for movable property received
by the latter and not accounted
for.
Three years When the account is during the
continuance of the agency, demanded
and refused or, where no such demand
is made, when the agency terminates.
Other suits by principals against
agents for
Three years When the neglect or misconduct
becomes known to the plaintiff.
For an account and a share of the
profits of dissolved partnership
Three years The date of the dissolution.
13. For the balance of money advance in
payment of goods to be delivered.
Three years When the goods ought to
be delivered.
For the price of goods sold and
delivered when no fixed period of
credit is agreed upon.
Three years The date of delivery of the
goods.
For money payable for money lent. Three years When the loan is made.
For compensation for breach of a
promise to do anything at a specified
time, or upon the happening of a
specified contingency.
Three years When the time specified
arrives or the contingency
happens.
On a bill of exchange accepted
payable at a particular place.
Three years When the bill is presented
at that place.
On a dishonored foreign bill where
protest have been made and notice
given.
Three years When the notice is given.
For arrears of rent. Three years When the arrears become
due.
On a bond subject to a condition Three years When the condition is
broken.
14. To declare the
forgery of an
instrument issued or
registered.
Three years When the issue or
registration
becomes known to
the plaintiff.
To obtain a declaration
that an alleged
adoption is invalid, or
never, in fact, took
place.
Three years When the alleged
adoption becomes
known to the plaintiff.
To obtain any other
declaration.
Three years When the right to sue
first accrues.
15. For specific movable property lost, or
acquired by theft, or dishonest
misappropriation or conversion.
Three years When the person having the right to
the possession of the property first
learns in whose possession it is.
For other specific movable property. Three years When the property is wrongfully taken.
To recover movable property deposited
or pawned from a depositary or pawnee.
Three years The date of refusal after demand.
To recover movable property deposited
or pawned, and afterwards brought from
the deposited or pawned, and afterwards
brought from the depositary or pawnee
for a valuable consideration.
Three years When the sale becomes known to the
plaintiff.
16. For compensation for doing or for
omitting to do an act alleged to be in
pursuance of any enactment in force
for the time being in the territories to
which this Act extends.
One Year When the act or omission takes place.
For compensation for wrongful seizure
or movable property under legal
process.
One Year The date of the seizure.
For compensations for false
imprisonment.
One Year When the imprisonment ends.
For compensation for injury caused by
an injunction wrongfully obtained.
Three years When the injunction ceases
For compensation for inducing a
person to break a contract with the
plaintiff.
One Year The date of the breach.
For compensation for infringing
copyright or any other exclusive
privilege.
Three years The date of the infringement.
For compensation for trespass upon
immovable property.
Three years The date of the trespass.
17. To recover possession of immovable
property conveyed or bequeathed in trust
and afterwards transferred by the trustee
for a valuable consideration.
Twelve years When the transfer becomes
known to the plaintiff.
To recover possession of immovable
property conveyed or bequeathed in trust
and afterwards transferred by the trustee
for a valuable consideration.
Three years When the transfer becomes known
to the plaintiff.
To set aside a transfer to immovable
property comprised in a Hindu, Muslim or
Buddhist religious or charitable
endowment, made by a manager thereof for
a valuable consideration.
Twelve years When the transfer becomes known
to the plaintiff.
To set aside a transfer of movable property
comprised in a Hindu, Muslim or Buddhist
religious or charitable endowment, made
by a manager thereof for a valuable
consideration.
Three years When the transfer, becomes known
to the plaintiff.
By the manager of a Hindu, Muslim and
Buddhist religious or charitable endowment
to recover possession of movable or
immovable property comprised in the
endowment which has been transferred by a
previous manager for a valuable
consideration.
Twelve years The date of death, resignation or
removal of the transfer or the date of
appointment of the plaintiff as
manager of the endowment,
whichever is later.
18. Any suit for which no
period of limitation is
provided elsewhere in
this Schedule.
Three years When the right to
sue accrues.
19. Any other application
for which no period of
limitation is provided
elsewhere in this
Division.
Three years When the right to
apply accrues.