The Limitation Act (Bare Act) by Nadeem Shaukat

The Limitation Act (Bare Act) by Nadeem Shaukat provides an in-depth overview of the legal time limits within which various civil claims must be filed in court. This book is specifically tailored for legal practitioners, students, and anyone involved in litigation, as it outlines the time constraints governing the initiation of legal proceedings in civil matters. The Limitation Act serves as an essential tool in managing the timely administration of justice, preventing stale claims, and promoting diligence.

Key Topics and Concepts:

1. Purpose and Scope of the Limitation Act

   • Explanation: Explains the Act's purpose in establishing time limits for filing suits, appeals, and applications to ensure timely justice and clarity in legal proceedings.

2. Computation of Limitation Period

   • Explanation: Details rules for calculating the limitation period, including exclusions and extensions under specific circumstances (e.g., delays due to legal disability or acknowledgment of debt).

3. Limitation Period for Different Types of Suits

   • Explanation: Provides specific time frames for filing various civil suits, such as recovery of property, contract disputes, and suits against the government, to guide claimants in adhering to statutory limits.

4. Exceptions to Limitation Periods

   • Explanation: Covers situations where the limitation period may be extended, including provisions for minors, persons of unsound mind, and cases where fraud or mistake has delayed the discovery of a cause of action.

5. Condonation of Delay

   • Explanation: Discusses circumstances under which courts may condone or overlook a delay in filing suits, particularly under Section 5 of the Act, which grants courts discretion to accept cases even after the limitation period has expired.

6. Effect of Expiry of Limitation Period

   • Explanation: Explains the consequences when a limitation period expires, including the loss of the right to file suit, unless exceptions apply, emphasizing the importance of timely action in legal matters.

7. Legal Disability and Limitation

   • Explanation: Details how legal disability (e.g., mental incapacity or minority) affects the computation of limitation periods and the claimant’s ability to file suit upon removal of such disability.

8. Acknowledgment and Limitation

   • Explanation: Highlights how acknowledgment of liability, before the expiration of the limitation period, can renew the limitation period, allowing claimants additional time to pursue a case.

9. Burden of Proof in Limitation Issues

   • Explanation: Discusses the claimant's responsibility to prove that the suit was filed within the applicable limitation period or falls within one of the Act's exceptions.

10. Landmark Case Law Interpretations

    • Explanation: Summarizes key court decisions that have shaped the application of the Limitation Act, illustrating how courts interpret and apply the Act's provisions in real-world scenarios.

Conclusion:

The Limitation Act (Bare Act) by Nadeem Shaukat is a valuable legal reference for understanding statutory time limits on filing civil claims. With explanations of relevant sections, computation rules, and judicial interpretations, it aids readers in navigating the complexities of limitation laws and highlights the necessity of prompt legal action.

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Writer                 ✤                Nadeem Shaukat
Publisher            ✤           LEGAL RESEARCH CENTRE