In India, the Limitation Act, 1963, governs the time frames within which legal actions, including those related to torts, must be initiated. Understanding these limitation periods is crucial for law students, as they determine the admissibility of suits in courts.
MEANING, DEFINITION & EXPLANATION
A tort is a civil wrong, distinct from contractual breaches, where the law provides a remedy in the form of damages. The Limitation Act, 1963, prescribes specific periods within which a tort claim must be filed; failing to do so can bar the remedy, though the right may subsist. Section 3 of the Act mandates that any suit filed beyond the prescribed period shall be dismissed, even if the limitation is not pleaded as a defense.
HISTORICAL BACKGROUND / EVOLUTION
The concept of limitation in legal proceedings aims to ensure timely justice and prevent the revival of stale claims. The Limitation Act has evolved from the Limitation Acts of 1859, 1871, 1877, and 1908, culminating in the current Act of 1963, which consolidated and amended the law for the limitation of suits and other proceedings.
LEGAL PROVISIONS / PROCEDURE / SPECIFICATIONS / CRITERIA
The Limitation Act, 1963, outlines specific articles in its schedule that pertain to tortious claims:
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Article 72: For compensation for doing or for omitting to do an act alleged to be in pursuance of any enactment in force in India.
The limitation period is one year from the date of the act or omission. -
Article 74: For compensation for false imprisonment.
The limitation period is one year from the date when the imprisonment ends. -
Article 75: For compensation for malicious prosecution.
The limitation period is one year from the date when the plaintiff is acquitted or the prosecution is otherwise terminated. -
Article 76: For compensation for libel.
The limitation period is one year from the date of publication. -
Article 77: For compensation for slander.
The limitation period is one year from the date when the words are spoken or, if the words are not actionable in themselves, when the special damage complained of results. -
Article 78: For compensation for loss of service occasioned by the seduction of the plaintiff’s servant or daughter.
The limitation period is one year from the date of the loss. -
Article 80: For compensation for injury caused by an injunction wrongfully obtained.
The limitation period is one year from the date of cessation of the injunction. -
Article 81: For compensation for injury to the person.
The limitation period is one year from the date of the injury. -
Article 82: For compensation for injury to movable property.
The limitation period is three years from the date of the injury. -
Article 83: For compensation for injury to immovable property.
The limitation period is three years from the date of the injury. -
Article 86: For compensation for wrongful seizure of movable property under legal process.
The limitation period is one year from the date of the seizure. -
Article 88: To recover from the defendant money paid to the plaintiff’s use.
The limitation period is three years from the date when the money is received. -
Article 91: To cancel or set aside an instrument or decree or for the rescission of a contract.
The limitation period is three years from the date when the facts entitling the plaintiff to have the instrument or decree canceled or set aside or the contract rescinded first become known to him. -
Article 92: To declare the forgery of an instrument issued or registered.
The limitation period is three years from the date when the issue or registration becomes known to the plaintiff. -
Article 93: To obtain any other declaration.
The limitation period is three years from the date when the right to sue first accrues. -
Article 94: To set aside a decree obtained by fraud or for other relief on the ground of fraud.
The limitation period is three years from the date when the fraud becomes known to the party wronged. -
Article 96: For relief on the ground of mistake.
The limitation period is three years from the date when the mistake becomes known to the plaintiff. -
Article 97: For money paid upon an existing consideration which afterwards fails.
The limitation period is three years from the date of the failure. -
Article 98: To make good out of the general estate of a deceased trustee the loss occasioned by a breach of trust.
The limitation period is three years from the date of the trustee’s death or, if the loss has not then resulted, the date when the loss results. -
Article 100: By a person against whom an order referred to in rule 63 or rule 103 of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908) or an order under section 28 of the Presidency Small Cause Courts Act, 1882 (15 of 1882), has been made, to establish the right which he claims to the property comprised in the order.
The limitation period is one year from the date of the final order. -
Article 102: By a person against whom an order has been made under the Code of Criminal Procedure.
