Tiêu đề 8. Lim Written Lim Full Lec Eng 2025 STD.pdf ✅

[2] Amicus Law Academy [01719326595] -2- Lecture: 01 & 02 1. Background of Enactment, Scope, Object 2. Barred by Limitation:S.3 3. Where Court is closed when period expires: S-4 4. Extension of Period of limitation/ Condonation of Delay: S.5 5. Legal Disability: Ss.6,7,8,9 6. Analysis of Illustrations & Past Questions. The Limitation Act, 1908 The Limitation Act mainly provides provisions for how long one has to file a suit for different types of remedies. This law is known as a statute of limitation is a statute of repose, peace and justice. However, if the suit is not filed within the specified period, the person loses the right to bring the suit under this law. The Limitation Act is a procedural law. The first Limitation Act was enacted in 1859 and revised in 1862. Subsequently, in 1908, the current Limitation Act was enacted and has been in effect since January 1, 1909. There are various prescribed periods for filing different types of suits, such as six months or twelve months, depending on the nature of the case. The same time limits apply to appeals and reviews.  Describe the nature, scope and object of the Limitation Act, 1908. Nature:  Law of Limitation is a Procedural Law. It is Lex Fori. The law of Limitation is founded on Public Policy. The Limitation Act prescribes periods after the expiry of which a suit, appeal or application, cannot be maintained in a court to enforce a right. It does not create or extinguish the rights except as provided under Section 26,27 & Section 28 of the Act, 1908. Scope:  According to section 1, the Limitation Act, 1908 extends to the whole of Bangladesh. It is the Act which governs the time period within which one can file a suit to sue another to get justice. If the suit is filed after the expiration of time period as specified in this act, thus, it will be bared by limitation. It also includes provisions for condonation, delay etc. This Act applicable to civil proceedings but
Amicus Law Academy [01719326595] [3] not criminal proceedings except criminal appeals. According to section 29 this Act does not apply to all laws. Object/ Policy behind the Limitation Act, 1908: • This Act was enacted with a preamble containing its purpose and objective. This Act enacted with a view to securing social peace and security. • Without such a law society would have been in hazardous position in the face of demands raised after lapse of long time and even after generation. Therefore the law of limitation has been said to be a statute of repose, peace and justice securing individual right and largely regulating social equilibrium. • The objects 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 or negligence. • The principle is based on the maxim interest republicae ut sitis finis litium meaning the interest of the state requires that there should be an end to litigation. From the other point of view, the laws of limitation are a means of ensuring private justice . • Laws come to the assistance of the vigilant and not of the sleepy; • Delay defeats equity. #The Law Aids the diligent and not the indolent. #The Limitation Act, 1908 provides two sets of sections of which one destroys the right itself and the other remedy. The statute of limitation is a statute of repose, peace and justice If a suit, appeal, or application is filed after the expiration of the prescribed limitation period, the court will dismiss it even if the defendant does not raise the issue of limitation. Party Agreed to extend period of Limitation: Dismissal of suits, etc, instituted, etc, after period of limitation: S-3 Subject to the provisions contained in sections 4 to 25 (inclusive), every- i) suit instituted,
[4] Amicus Law Academy [01719326595] -4- ii) appeal preferred, and iii) application made, after the period of limitation prescribed therefor by the first schedule shall be dismissed, although limitation has not been set up as a defence. Application of section 3: 1. Suit instituted, 2. Appeal preferred, and 3. Application made, If a suit, appeal, or application is filed after the expiration of the prescribed limitation period, the court will dismiss it even if the defendant does not raise the issue of limitation. Explanation:  A suit is instituted, in ordinary cases, when the plaint is presented to the proper officer;  in the case of a pauper, when his application for leave to sue as a pauper is made; and,  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. Where Court is closed when period expires: S-4 Where the period of limitation prescribed for any- a. suit, b. appeal or c. application expires on a day when the Court is closed, the suit, appeal or application may be instituted, preferred or made on the day that the Court re-opens. Actus curiae neminem gravidity” which means that the act of the Court shall prejudice no-one. The suit is barred by limitation/ What does limitation period mean?  The law prescribes different periods within which a person who has a grievance should go to court. Limitation Act 1908, provides the prescribed period during which existing right can be enforced in the court of law. The object of the Limitation Act is to enable the parties to file suit within certain period and forbid them from filing suit after period. If someone filed any suit after period of limitation his suit shall be barred by limitation.