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CONSTITUTION OF INDIA

Came into force on 26th January,1950

contains Articles – 395
Parts – 22
Schedules - 12
Preamble to Constitution India to be a Sovereign, Socialist, Secular, Democratic
Republic and secures to all its citizens Justice, Liberty,
Equality and Fraternity. It is declared that the Constitution
has been given by the people to themselves, thereby
affirming the republican character of the polity and the
sovereignty of the people.
Preamble Sovereign – Socialist Secular Democratic Republic
Justice - Social, Economic, Political
Liberty – of Thought, Expression, belief, Faith and
Worship
Equality – of Status and of opportunity
Fraternity – assuring the dignity of the individual and the
unity and integrity to the nation

Whether federal or unitary It is basically federal in character with striking unitary

features
Federal Features of 1. Dual Government – Union government & State
constitution Government
2. Distribution of powers between Union & State
Government
3. Independent Judiciary
4. Largest Written Constitution
5. Supremacy of Constitution
6. Rigid procedure to change the constitution
Unitary Features 1. Single citizenship throughout country

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Lists
- List-I
- List-II
- List-III
Residuary powers i.e
which are not given in
either of abovementioned
3 lists
Cases in which Parliament
can make laws on matters
covered under State List
Definition of State
Protection in respect of
conviction of offences
6 Fundamental Rights
6 Fundamental Freedoms
Existing Laws
Future Laws
Doctrine of Severability
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2. Power of Union Government to make law in state list in
certain
circumstances
3. Unified Judiciary and public services
4. Union can create new states by altering boundaries of
existing
states.
Union List – Matters on which Only Union can legislate
State List Matters on which Only SG can legislate
Concurrent List – Matters on which both Union & State
can legislate
Only parliament can legislate on those matters.
(a) In the National Interest
(b) During a proclamation of emergency
(c) Breakdown of Constitutional Machinery in a State
(d) On the request of two or more States
(e) Legislation for enforcing international agreements
i. the government and parliament of India
ii. the government and legislature of each state
iii. all local or other authorities under the control of GOI
note: local authorities refers to authorities like
municipalities, District boards, panchayats etc.
1. Ex-post facto laws- A person cannot be punished for
those act which were not offences at the time when it was
committed, but later on it fell to definition of offence.
2. Self- Incrimination – A person in police custody cannot
be forced to accept his guilt.
3. Double jeopardy - A person should not be punished
more than once for the same offence. But if a person
was let off without being punished, then later on case
can be reopened.
(1) Right to Equality (Article 14-18)
(2) Right to Freedom (Article 19-22)
(3) Right against Exploitation (Article 23-24)
(4) Right to Freedom of Religion (Article 25-28)
(5) Cultural and Educational Rights (Article 29 and 30)
(6) Right to constitutional Remedies (Article 32)
1. Right to freedom of speech and expression
2. right to assemble peacefully and without arms
3. Right to form association or unions
4. Right to move freely throughout the territory of India
5. Right to reside and settle in any part of the territory of
India
6. Right to practice and profession, or to carry on any
occupation, trade or business
Pre-Constitutional Laws
Post-Constitutional Laws
 Any part of the existing law which is inconsistent
with the fundamental rights will be severed and

Doctrine of eclipse
Doctrine of Colourable
Legislation
Harmonious Construction
Doctrine of waiver
Preventive Detention
Ordinance making power
of President Article 123
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declared invalid.
 The rest of the act is declared valid.
 If after separation of such inconsistent part,
remaining statute does not carry any meaning, then
entire such existing law shall become void.
 If provision of any existing law is inconsistent with
the fundamental rights given in the constitution of
India, then such inconsistent provision shall get
eclipsed.
 But if later on on amendment of the constitution,
such inconsistent provision becomes consistent
with the constitution, then these provision shall
come into force.
Which cannot be done directly must not be done
indirectly.
Different entries in the different lists are to be interpreted
in such a way that a conflict between them is avoided and
each of them is given effect.
A person cannot without any of his fundamental rights.
 The object of the preventive detention is to detain a
person with the intention of preventing him from
committing an offence.
 It can be done without the charge being proven.
 Generally, it is for the defence purposes, public
order and security and continuance of supply of
essentials
 No person can be detained beyond a period of 6
months unless period is extended by parliamentary
law or specified .advisory board.
 Person detained must be intimated the grounds of
detention.
 He must be given fair chance of presenting his
case.
1. This power is to be exercised by the President on
the advice of his Council of Ministers.
2. The Ordinance must be laid before Parliament
when it re-assembles, and shall automatically
cease to have effect at the expiration of 6 weeks
from the date of re-assembly or before resolutions
have been passed disapproving the Ordinance.
3. The Ordinance-making power will be available to
the President only when both the Houses of
Parliament have been prorogued or is otherwise
not in session, so that it is not possible to have a
law enacted by Parliament. However, Ordinance
can be made even if only one House is in Session,
when law cannot be made by that House in session
alone. The President’s Ordinance making power
under the Constitution is not a co-ordinate or
parallel power of legislation along with
Legislature.
 Delegated Legislation  Delegated Legislation may be defined as “rules of
lawmaking under the authority of an Act of
Parliament”.
 Although laws are to be made by legislature i.e
parliament/legislative assembly, the legislature by
statute delegate its powers to other body or persons.
 Such statute is known as the enabling Act and lays
down the broad principles and leaves the detailed
rules to be provided by regulations made by a body
or persons.
 Delegated legislation may be in the form of rules,
regulations, orders or bye laws.
 Delegated Legislation must be in printed form.
Types of Delegated 1. Executive Legislation e.g- CBDT,CBEC etc.
Legislation 2. Judicial Legislation- Rules framed by the High Courts
under the Guardians of Wards Act, Insolvency Act,
Succession Act and Companies Act, etc.
3. Municipal Legislation
4. Autonomous Legislation - e.g – Panjab University
5. Colonial Legislation - e.g – British India
Type of Meaning of Purpose of issue
Writs Writ
Habeas To have a To release a person who has been detained unlawfully
Corpus body whether in prison or in private custody.
Mandamus We To secure the performance of public duties by lower
command court, tribunal or public authority.
Certiorari To be To quash the order already passed by inferior court,
certified tribunal or quasi judicial authority.
Prohibition Commands To prohibit an inferior court from continuing the
inactivity proceedings in a particular case where it has no
jurisdiction to try.
Quo What is To restrain a person from holding a public office which he
Warranto your is not entitled.
authority?

Interpretation of Statutes

 A statute is “the written will of the legislature”. Legislature knows the

will of the people
 Interpretation or construction is the process by which the Court’s seek
to ascertain the exact will of the legislature
 Primary Rules
(a) The Literal Construction: the words, phrases and sentences of a
statute are ordinarily to be understood in their natural, ordinary
sense. No words to be discarded as surplus. No words to be
added.
(b) The Mischief Rule or Heydon’s Rule: Law is enacted to
prevent some mischief. Court tries to find what was the mischief
taking place before the law was enacted and how legislature
prevented it.
(c) Rule of Reasonable Construction i.e. Ut Res Magis Valeat Quam
Pareat: If the Court considers that the litera legis is not clear, it,
must interpret according to the purpose, policy or spirit of the

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 statute (ratio-legis). It is, thus, evident that no invariable rule can
be established for literal interpretation.
(d) Rule of Harmonious Construction. Where in an enactment,
there are two provisions which cannot be reconciled with each
other, they should be so interpreted that, if possible, effect may be
given to both.
(e) Rule of Ejusdem Generis: the ejusdem generis rule is that, where
there are general words following particular and specific words,
the general words following particular and specific words must be
confined to things of the same kind as those specified, unless
there is a clear manifestation of a contrary purpose.
 Other Rules of Interpretation
(a) Expressio Unis Est Exclusio Alterius: The rule means that express mention of
one thing implies the exclusion of another
(b) Contemporanea Expositio Est Optima Et Fortissima in Lege: The maxim
means that a contemporaneous exposition is the best and strongest in law
(c) Noscitur a Sociis: Meaning of a word should be known from its accompanying
or associating words
 The same words bear the same meaning in the same statute
 Internal and external aids in interpretation
A. Internal Aids in Interpretation: All internal aids are only helpful so long as
they are not contrary to main text.
(a) Title: The long title of an Act is a part of the Act and is admissible as an aid
to its construction. The long title sets out in general terms, the purpose of
the Act and it often precedes the preamble
(b) Preamble: The preamble may be legitimately consulted in case any
ambiguity arises in the construction of an Act and it may be useful to fix
the meaning of words used so as to keep the effect of the statute within its
real scope.
(c) Heading and Title of a Chapter
(d) Marginal Notes some clue as to the meaning and purpose
(e) Definitions” of certain words and expressions used elsewhere in the body
of the statute.
(f) Proviso. The proper function of a proviso is to except and to deal with a
case which would otherwise fall within the general language of the main
enactment, and its effect is confined to the case.
(g) Illustrations attached to sections are part of the statute and they are
useful so far as they help to furnish same indication of the presumable
intention of the legislature. An explanation is at times appended to a
section to explain the meaning of words contained in the section. It
becomes a part and parcel of the enactment.
(h) The schedules form a part of the statute and must be read together
with it for all purposes of construction.
(i) The statement of objects and reasons as well as the ‘notes on clauses
of the Bill relating to any particular legislation. These are helpful in
applying mischief rule of interpretation.
B. External Aids in Interpretation: Parliamentary History and Reference to
Reports of Committees help in knowing what mischief parliament wanted to
prevent, Reference to other Statutes helps to what is the general scheme of
law. Dictionaries h e l p i n understanding the ordinary meaning of the
word. Use of foreign decisions of countries following the same system of
jurisprudence as ours and rendered on statutes in pari-materia has been
permitted by practice in Indian Court.

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 TORTS
Tort A civil wrong

Types of Torts Private Wrong - breaches of private law, i.e., wrongs

against individuals.
Public Wrong - wrongs which are made
punishable under the penal law which belong to the public
law group.

General conditions for(i) a wrongful act or omission of the defendant;

liability of a Tort (ii) the wrongful act must result in causing legal damage to
another; and
(iii) the wrongful act must be of such a nature as to give rise to
a legal remedy.

Damnum Sine Actual Loss without Legal Injury e.g someone starts
Injuria business and you loses your clients.

Injuria Sine Damno – Legal Injury without Actual Loss e.g Defamation, preventing
someone from voting

Strict or Absolute Liability

In some torts, the defendant is liable even though the
(Liability with or without harm to the plaintiff occurred without intention or negligence
fault) on the defendant‘s part. In other words, the defendant is held
liable without fault. Categories of such Liabilities

(i) Liability for Inevitable Accident

(ii) Liability for Inevitable Mistake
(iii) Vicarious Liability for Wrongs committed by others
Conditions for applying (i) Escape
Strict Liability Rule (ii) Non-natural use of Land:

Exceptions to the Rule of (i) Damage due to Natural Use of the Land
Strict Liability (ii) Consent of the plaintiff
(iii) Act of Third Party
(iv) Statutory Authority
(v) Act of God
(vi) Escape due to plaintiff‘s own Default

Vicarious Liability (a) Principal and Agent [Specific authority]

(b) Partners
(c) Master and Servant [Authority by relation]

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 (d) Employer and Independent Contractor
(e) Where Employer is Liable for the acts of Independent
Contractor
(f) Where Employer is not Liable for the acts of an Independent
Contractor
(g) Liability for the acts of Servants

Torts or Wrongs to Personal Safety & Freedom

a. Battery – To constitute a tort of battery, two things are necessary: 1. Use of force however
trivial it may be without the plaintiff’s consent 2. Without lawful justification.

b. Assault – when the defendant by his act creates the apprehension in the mind of plaintiff
that he is going to commit battery against him, the tort of assault is committed. The law of
assault is substantially the same that of battery except that apprehension of contact, not the
contact itself has to be established.

c. Bodily harm – A wilful act or statement of defendant calculated to cause physical harm to
the plaintiff and in fact causing physical harm to him, is a tort.

d.. False Imprisonment – A person is confined within certain limits so that he cannot move
about and so this person liberty is infringed.

e. malicious Prosecution – malicious prosecution constitute in instigating judicial proceedings

(usually criminal) against another, maliciously and without reasonable and probable cause,
which terminate in favour of that other and which results in damage to his reputation,
personal freedom or property.

f. Nervous shock – when a person may get physical injury not by an impact, e.g., by stick,
bullet or sword but merely by the nervous shock through what he has seen or heard.

g. Defamation – Slander & Libel

Remedies against Torts

1. Self Defence 2. Prevention of trespass 3. Re-entry on land 4. Reception of goods 5.
Abatement of nuisance 6. Distress damage feasant

CODE OF CRIMINAL PROCEDURE ACT, 1973

The Code of Criminal Procedure creates the nec essar y m ac hiner y f orapprehending the
criminals, investigating the criminal cases, their trials before the criminal courts and imposition of
proper punishment on the guilty person
It is an adjective law but also contains provisions of substantive nature (e.g. Chapters VIII, IX, X
and XI). It’s object is to provide a machinery for determining the guilt of and imposing punishment
on offenders under the substantive criminal law, for example, the Indian Penal Code (I.P.C.). The
two Codes are to be read together.
Mens rea - A guilty mind
- A subjective matter

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A bailable offence
Non-bailable offence
Cognizable offence
Judicial Proceeding"
Pleader
Public Prosecutor
Arrest without warrant(Section
- 41)
Arrest by a private person
Production of arrested
person without
warrant
Non-cognizable offence
Complaint
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- An essential ingredient in every criminal case
Means as an offence which is shown as bailable in First Shedule
or which is made bailable by any other law for the time being
in force.
Any other offence
- Serious offences
- Arrest without warrant.
includes any proceeding in the course of which evidence is or
may be legally
taken on oath. It includes inquiry and trial but not investigation.
when used with reference to any proceeding in any Court,
means a person authorized by or under any law for the time
being in force, to practice in such Court, and includes any other
person appointed with the permission of the Court to act in such
proceeding;
means any person appointed under section 24, and includes any
person acting under the directions of a Public Prosecutor;
- Committed cognizable offence & credible information
available
- implement of housebreaking found in possession
- proclaimed offender
- in possession of stolen property
- obstructs any police officer from doing his duty
- deserter from any of the Armed Forces of the Union
- any act committed o/s India, had it been committed
in Indian would have been an offence
- Released convicts violates rules of release
- For whose arrest requisition received from any other
police
officer
- may arrest or cause to be arrested any person who in
his presence commits a non-bailable and cognizable
offence or who is a proclaimed offender
a) can be kept into custody for a period not exceeding 24
hours, and
b) before the expiry of that period he is to be produced
before the nearest Magistrate,
c) who can under Section 167 order his detention for a
term not
exceeding 15 days, or he can be taken to a Magistrate,
under whose jurisdiction he
is to be tried, and
d) such Magistrate can remand him to custody for
a term which may exceed 15 days but not more
than 60 days.
- Less serious offence
- Arrest with the permission of magistrate
- Written or oral made to magistrate
- Does not include police report but if made
after investigation then included-
 Bail
Anticipatory bail
Investigation, inquiry or trial
Inquiry
investigation
Warrant case means an offence
punishable with
Summon case
Classes of criminal courts
Classes of criminal courts
Courts/Authority
High Court
Session judge or additional
session judge
An Assistant Sessions Judge
Chief Judicial Magistrate
Magistrate of the first class
Magistrate of the second class
Chief Metropolitan Magistrate
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release of the accused from the custody of the officers of law
- granted by the High Court or a Court of Session,
- to a person who apprehends arrest for having
committed a non-
Bailable offence,
- but has not yet been arrested
- firstly investigation is conducted, then inquiry or trial
- means every inquiry other than a trial
- it stops when trial begins
- made by a magistrate or court
- by police officer or any officer authorized by
magistrate but cannot be conducted by
magistrate himself
- purpose – collection of evidence
- death or
- imprisonment for life or
- imprisonment for a term exceeding two years
- Other than a warrant case i.e an offence punishable
with 2 years or less imprisonment
- 5
1) High Courts;
2) Courts of Session;
3) Judicial Magistrates of the first class,
and, in any metropolitan area;
Metropolitan Magistrates
4) Judicial Magistrates of the second class; and
5) Executive Magistrates;
Besides this, the Courts may also be constituted under
any other law. The Supreme Court is also vested with
some criminal powers. Article 134 confers appellate
jurisdiction on the Supreme Court in regard to criminal
matters from a High Court in certain cases.
Powers
- any sentence authorized by law
- any sentence authorized by law, but death sentence
subject to confirmation of High Court
any sentence authorised by law except
- death sentence
- life imprisonment
- imprisonment for exceeding 10 years
any sentence authorised by law except
- death sentence
- life imprisonment
- imprisonment for exceeding 7 years
- a sentence of imprisonment for a term not exceeding
three years or
- of a fine not exceeding five thousand rupees, or
- of both
- a sentence of imprisonment for a term not exceeding
one year, or
- of fine not exceeding one thousand rupees, or
- of both
shall have the powers of the Court of a Chief Judicial
Magistrate and that of a
Metropolitan Magistrate, and the powers of the Court of a
Magistrate of the First class.
 -
Sentence of imprisonment Court of a Magistrate may award such term of imprisonment in
in default of fine default of payment
of fine as is authorised by law provided the that the term:
(i) is not in excess of the powers of the Magistrate
under Section 29; and
(ii) where imprisonment has been awarded as part of
the substantive sentence, it should not exceed
1/4th of the term of imprisonment which the
Magistrate is competent to inflict as punishment
for the offence otherwise than as imprisonment in
default of payment of the fine.
-
SUMMON PARTICULARS
Purpose - either for appearance or for producing a document or
thing
Issued to - to an accused person or witness
Written or oral - always in writing
To be signed by - presiding Officer of such Court or
- by such officer as is authorised by the High Court and
- shall bear the seal of the Court
Service of summon - by a police officer or
- by an officer of the Court or
- other public servant
If service cannot be effected - the serving officer can perform substituted service
by the exercise of due by affixing one of the duplicates of the summons
diligence to some conspicuous part of the house or
homestead in which person summoned ordinarily
resides
Service of summon on - on the secretary,
corporation including - local manager or
incorporate - other principal officer of the corporation,
company/society/body
corporate
WARRANT
purpose - only for protection of a person before the concerned
Court and not before
the police officer
Conditions a) must be in writing.
b) must bear the name and designation of the person who
is to execute it;
c) must give full name and description of the person to be
arrested;
d) must state the offence charged;
e) must be signed by the
presiding officer; and f)
must be sealed.
g) police officer or other person executing the warrant of
arrest shallbring the person arrested before the Court
without unnecessary delay provided that such delay
shall not in any case exceed 24 hours exclusive of the
time necessary for the journey from the place of arrest
to the Magistrate’s Court.
If warrant remains unexecuted Code provides for two remedies:
1) issuing a proclamation (Section 82); and

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SEARCH WARRANT
Cognizance of an offence
Limitation period
(6 months – Fine only)
(1 year- Imprisonment upto 1 y)
(3 years- imprisonment upto 3
y)
Summary Trial (upto 2 years
imprisonment cases only)
a. receiving or retaining stolen property, under Section 411 of the
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2) attachment and sale of property (Section 83).
a search warrant can be issued
only in the following cases:
a) where the Court has reason to believe that a person
summoned to produce any document or other thing will
not produce it;
b) where such document or thing is not known to the
Court to be in the possession of any person; or
c) where a general inspection or search is necesary.
However, a search warrant may be general or restricted
in its scope as to any place or part thereof.
Note: But such warrant shall not be issued for searching a
document, parcel or
other thing in the custody of the postal or telegraph
authority, by a magistrate other than a District Magistrate or
Chief Judicial Magistrate, nor would such warrant be issued
so as to affect Sections 123 and 124 of the Indian Evidence
Act, 1872 or the Bankers’ Book Evidence Act, 1891.
Any Magistrate of first class and of the second class
specially empowered may take cognizance of an offence
upon:
1) receiving a complaint of facts constituting such offence;
2) a police report of such facts;
3) information received from any person other
than a police officer; (4) his own knowledge
that such offence has been committed.
no Court shall take cognizance of an offence after the
expiry of the period of limitation mentioned below:
a) six months, if the offence is punishable with fine only.
b) one year, if the offence is punishable with
imprisonment for a term not exceeding one year;
and
c) three years, if the offence is punishable with
imprisonment for a term exceeding one year
but not exceeding three years.
Summary trial means the “speedy disposal” of cases. By
summary cases is meant a case which can be tried and
disposed of at once. Generally, it will apply to such offences
not punishable with imprisonment for a term exceeding two
years.
Section 260(1) of the Criminal Procedure Code sets out the
provisions for summary trials. It says:
(a) any Chief Judicial Magistrate;
(b) any Metropolitan Magistrate;
(c) any Magistrate of the First class who is specially
empowered in this behalf by the High Court, may, if he thinks fit,
try in a summary way all or any of the following offences:
a. offences not punishable with death, imprisonment for life
or imprisonment for a term exceeding two years;
b. theft under Section 379, Section 380 or Section 381 of the
Indian Penal Code, where the value of the property stolen
does not exceed Rs. 200;
 Indian
Penal Code, where the value of such property, does not
exceed Rs. 200;
d. assisting in the concealment or disposal of stolen
property, under Section 414 of the Indian Penal Code,
where the value of such property does not exceed Rs.
200; (v) offences under Sections 454 and 456 of the
Indian Penal Code;
e. insult with intent to provoke a breach of the peace, under
Section
504 of the Indian Penal Code;
f. abetment of any of the foregoing offences;
g. an attempt to commit any of the foregoing offences,
when such attempt is an offence;
h. any offence constituted by an act in respect of which a
complaint may be made under Section 20 of the Cattle
Trespass Act, 1871.
Sub-section (2) states that when in the course of a summary
trial it appears to the Magistrate that the nature of the
case is such that it is undesirable to try it summarily, the
Magistrate shall recall any witnesses who may have been
examined and proceed to re-hear the case in the manner
provided in this Code. Summary trial is a speedy trial by
dispensing with formalities or delay in proceedings.
Section 262 envisages procedure for summary trials. Sub-
section (1) lays down that in all summary trials the
summons-case procedure should be followed irrespective
of the nature of the case i.e. whether it is a summons- case
or a warrant case. Sub-section (2) laying down the limit of
the sentence of imprisonment states that no sentence of
imprisonment for a term exceeding 3 months shall be
passed in any conviction in summary trials.

RIGHT TO INFORMATION

Right to information is a necessary ingredient of participatory democracy. The Right to

Information, Act 2005 provides a remedy effectuating the right to information recognised
under article 19 of the Constitution of India. The Right to Information Act, 2005 is a law
empowering the citizens a right to access to information under the control of public
authorities. RTI Act comes into force on October 12, 2005.
Following are the main objectives of the act:
(a) It provides access to the information to the citizens who desires to have it.
(b) Promote transparency and accountability in the working of every public authority.
(c) To hold government and their authorities accountable to the public at large.

Salient features of the RTI Act 2005:

 The Act extends to whole of India except Jammu and Kashmir.
 It is applicable to the public authorities.
 It provides a very definite day for its commencement i.e. 120 days from enactment.
 All the citizens shall have right to information, subject to the provisions of the act.
 The act provides for the appointment of Public Information Officers/Assistant Public
Information Officers.

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  PIO/APIO will be responsible to deal with the request for information and also to
assist persons seeking information.
 Fee will be payable by the applicant depending on the nature of information sought.
 Certain categories of information have been exempted from disclosure under Section
8 and 9 of the Act.
 Intelligence and security agencies specified in Schedule II to the Act have been
exempted from the ambit of the Act, subject to certain conditions.

Definitions:
1. Information Means any material in any form, including records, documents,
memos, e-mails, opinions, advices, press releases, circulars, orders,
logbooks, contracts, reports, papers, samples, models, data material
held in any electronic form.
2. Record Includes:
 any document, manuscript and file;
 any microfilm, microfiche and facsimile copy of a document;
 any reproduction of image or images embodied in such microfilm
(whether enlarged or not); and
 any other material produced by a computer or any other device;
3. Right to Means the right to information accessible under this Act which is held
information by or under the control of any public authority and;
includes the right to –
 taking notes, extracts, or certified copies of documents or
records; (ii) inspection of work, documents, records;
 taking certified samples of material;
 obtaining information in the form of diskettes, floppies, tapes,
video cassettes or in any other electronic mode or through
printouts where such information is stored in a computer or in
any other device;
4. Third party Means a person other than the citizen making a request for
information and includes a public authority.

Public authority
“Public authority” means any authority or body or institution of self government
established or constituted –
 By or under the Constitution;
 By any other law made by Parliament;
 By and other law made by State Legislature;
 By notifications issued or orders made by the appropriate government.
Obligations of public authority:
Section 4 of this act makes it obligatory on every public authority to maintain records and
publish manuals, rules, regulations, instructions in its possession as prescribed under
the act. Public authority should publish all relevant facts while formulating policies or
announcing the decision which affects the public at large, and they are also duty bound
to give reasons for its judicial and quasi-judicial decisions which affect public.
Every public authority has to publish the following:
i. The particulars of its organisation, functions and duties;
ii. Following information regarding its officers and employees:-
(a) A directory of its officers and employees;
(b) The powers and duties of its officers and employees;
(c) The monthly remuneration received by each of its officers and employees,
including the system of compensation as provided in its regulations;
(d) Rules, regulations, instructions, manuals and records used by its employees
for discharging its functions;

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 iii. The procedure followed in its decision making process, including channels of
supervision and accountability;
iv. The norms set by it for the discharge of its functions;
v. A statement of the categories of the documents held by it or under its control;
vi. Particulars of recipients of concessions, permits or authorizations granted by it;
vii. The particulars of any arrangement that exists for consultation with, or
representation by the members of the public, in relation to the formulation of policy
or implementation thereof;
viii. Details of the information available to, or held by it, reduced in an electronic form;
ix. A statement of the boards, councils, committees and other bodies consisting of
two or more persons constituted by it. Additionally, information as to whether the
meetings of these are open to the public, or the minutes of such meetings are
accessible to the public;
x. The budget allocated to each of its agency, indicating the particulars of all plans,
proposed expenditures and reports on disbursements made;
xi. The particulars of facilities available to citizens for obtaining information,
including the working hours of a library or reading room, if maintained for public
use;
xii. The names, designations and other particulars of the Public Information Officers.
xiii. Such other information as may be prescribed; and thereafter update the
publications every year.

Public Information Officer (PIO)

Every public authority has to –
 Designate in all administrative units or offices Central or State Public Information
Officers to provide information to persons who have made a request for the
information.
 Designate at each sub-divisional level or sub-district level Central Assistant or
State Assistant Public Information Officers to receive the applications for
information or appeals for forwarding the same to the Central or State Public
Information Officers.
 No reason to be given by the person making request for information except those
that may be necessary for contacting him.
Duties of Public Information Officer:
 Every PIO shall deal with requests from persons seeking information and render
reasonable assistance to them.
 If the information requested for is held by or its subject matter is closely connected
with the function of another public authority, the PIO shall transfer, within 5 days, the
request to that other public authority and inform the applicant immediately.
 The PIO may seek the assistance of any other officer as he considers it necessary
for the proper discharge of his duties.
 The PIO shall provide information within 30 days from the receipt of request, where
the information requested for concerns the life or liberty of a person, the same shall
be provided within forty-eight hours of the receipt of the request.
 If the PIO fails to give decision on the request within the period specified, he shall
be deemed to have refused the request. Where a request has been rejected, the
PIO shall communicate to the requester - (i) the reasons for such rejection, (ii) the
period within which an appeal against such rejection may be preferred, and (iii) the
particulars of the Appellate Authority.
 PIO shall provide information in the form in which it is sought unless it would
disproportionately divert the resources of the Public Authority or would be
detrimental to the safety or preservation of the record in question.
 If allowing partial access, the PIO shall give a notice to the applicant, informing:
(a) That only part of the record requested, after severance of the record

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 containing information which is exempt from disclosure, is being provided;
(b) The reasons for the decision, including any findings on any material question
of fact, referring to the material on which those findings were based;
(c) The name and designation of the person giving the decision;
(d) The details of the fees calculated by him or her and the amount of fee which
the applicant is required to deposit; and
(e) His or her rights with respect to review of the decision regarding non-
disclosure of part of the information, the amount of fee charged or the form of
access provided.
 If information sought has been supplied by third party or is treated as confidential
by that third party, the PIO shall give a written notice to the third party within 5 days
from the receipt of the request. Third party must be given a chance to make a
representation before the PIO within 10 days from the date of receipt of such notice

Manner for obtaining information under RTI, Act 2005

The RTI Act, 2005 specifies the manner in which requests may be made by the citizen to
the authority for obtaining information. It also provides for transferring the request to the
other concerned public authority who may hold the information.
 Application is required to be submitted in writing or electronically, along with
prescribed fee, to Public Information Officer (PIO).
 Information to be provided within 30 days.
 Information to be provided within 48 hours where life or liberty is involved.
 If the request is made to Assistant Public information officer, information is to be
provided within 35 days.
 Time taken for calculation and intimation of fees excluded from the time frame.
 No action on application for 30 days is a deemed refusal.
 If the interests of a third party are involved then time limit will be 40 days (maximum
period + time given to the party to make representation).
 No fee for delayed response.

Exemption from disclosure/denial from providing information

Following categories of information have been exempted from disclosure:
 Where disclosure prejudicially affect the sovereignty and integrity of India;
 Where disclosure affect the security, strategic, scientific or economic interests of the
State, relation with foreign State or lead to incitement of an offence;
 Information which has been expressly forbidden by any court or tribunal or the
disclosure of which may constitute contempt of court;
 Where disclosure would cause a breach of privilege of Parliament or the State
Legislature;
 Information including commercial confidence, trade secrets or intellectual property,
where disclosure would harm competitive position of a third party, or available to a
person in his fiduciary relationship, unless larger public interest so warrants;
 Information received in confidence from a foreign government;
 Information the disclosure of which endangers life or physical safety of any person or
identifies confidential source of information or assistance;
 Information that would impede the process of investigation or apprehension or
prosecution of offenders;
 Cabinet papers including records of deliberations of the Council of Ministers,
Secretaries and other officers before the decisions are taken.

Information Commissions
Basis of Central Information State Information Commission(SIC)
difference Commission(CIC)

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 1. Constituted  Central Government through  State Government through
by gazette notification. gazette notification.
2. Composition  1 Chief Information  One State Chief Information
Commissioner and; Commissioner and;
 Not more than 10 Information  Not more than 10 State
Commissioners. Information Commissioners
(SIC).

Chief information State information

commissioner/information commissioner
commissioner
Appointment  Appointed by President on the  Appointed by the Governor on
recommendations of a the recommendations of a
committee consisting of Prime committee consisting of the
Minister who is the chairman of Chief Minister who is the
the committee, leader of Chairman of the committee.
opposition in Lok Sabha and a Other members include the
union cabinet minister Leader of the Opposition in
nominated by PM. the Legislative Assembly and
one Cabinet Minister
nominated by the Chief
Minister.
Qualification  Having knowledge and experience in law, science and technology,
social service, management, journalism, mass media or
administration and governance.
 CIC/SIC shall not be a Member of Parliament or Member of the
Legislature of any State or Union Territory.
He shall not hold any other office of profit or connected with any
political party or carrying on any business or pursuing any profession.
Office Headquarters: In Delhi. Headquarters: At such place as
Other offices: May be established the State Government may
in other parts of the country with specify.
the approval of the Central Other offices: May be
Government. established in other parts of the
state with the approval of the
State Government.
Salary Same as that of the Chief Election Salary of State Chief Information
Commissioner. Commissioner will be the same
as that of an Election
Commissioner.
And of state information
commissioner same as that of
the Chief Secretary of the State
Government.
Tenure  5 years from the date of appointment; or
 Up to the age of 65 years.
Whichever is earlier

Powers of information commission:

1. This is the duty of Central Information Commission/State Information Commission to
receive the complaints of person:
(a) Who has not been able to submit an information request because a PIO has not
been appointed;

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 (b) who has been refused information that was requested under the act;
(c) Who has not been given any response to request for information or access to
information within time limit specified under the act.
(d) Who thinks the fees charged are unreasonable;
(e) Who thinks information given is incomplete or false or misleading; and
(f) Any other matter relating to obtaining information under this law.
2. If the Commission feels satisfied, an enquiry may be initiated and while initiating an
enquiry the Commission has same powers as vested in a Civil Court.
3. The Central Information Commission or the State Information Commission during the
inquiry of any complaint under this Act may examine any record which is under the
control of the public authority, and no such record may be withheld from it on any
grounds.

Appellate Authorities
Appeal against the orders of PIO
Time Limit Authority
First Within 30 days from the expiry of Officer senior in rank to the
Appeal specified time limit or from the receipt of PIO in the concerned Public
decision. Delay may be condoned by Authority
the Appellate Authority if sufficient
cause is shown
Second Within 90 days from the decision of Central Information
Appeal first appellate authority. Commission or the State
Delay may be condoned by the Information Commission as
Commission if sufficient cause is shown the case may be.
Third party can also make the first appeal and second appeal against the orders of PIO.
Barden of proving that denial of information was justified rest with PIO
The Appeals must be disposed of within 30 days from the receipt of order. Time period
could be extended by 15 days if necessary.

Penalties
Every PIO will be liable for fine of Rs. 250 per day, up to maximum of Rs. 25000 for the
following:-
 Not accepting an application for information;
 Non Furnish of information within specified time;
 Delaying information release without reasonable cause;
 Malafidely denied the request for information;
 Knowingly giving incomplete, incorrect, misleading information;
 Destroying information that has been requested; and
 Obstructing furnishing of information in any manner.
A reasonable opportunity of being heard shall be given to Public Information Officer before
any penalty is imposed on him.
The Information Commission (IC) at the Centre and at the State levels will have the power to
impose this penalty. They can also recommend disciplinary action for violation of the law
against the PIO for persistently failing to provide information without any reasonable cause
within the specified period.

Role of State/Central Government in Right to Information Act, 2005

1. To develop and organize programmes for the public especially disadvantaged
communities on RTI.
2. Encourage public authorities to participate in the development and organisation of such
programmes.
3. Train officers and develop training material.
4. Publish names, designation, postal addresses and contact details of PIOs and other

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 information such as notices regarding fees to be paid, remedies available in law if
request is rejected etc.
5. Promote timely and effective dissemination of accurate information by the public
authorities
6. Compile and disseminate a User Guide for the public in the respective official language.

LIMITATION ACT, 1963

Preamble
The Limitation Act,1963 is an Act to consolidate and amend the law for the limitation
of suits and other proceedings and other purposes connected therewith. It contains
provisions for limitation of suits, appeals and applications, computation of period of
limitation, acquisition of ownership by possession and other miscellaneous provisions
in connection with the period of limitation.

The statute of Limitation is a statute of repose, peace and justice. Comment.

The Limitation Act,1963 came into force on 1st January,1964.

 It is a procedural Law.
 It extends to whole of India except the State of Jammu and Kashmir.
 It helps in guiding an aggrieved party to pray for justice.
 It applies to all civil proceedings and to criminal proceedings to a limited
extent.
 It is applicable when the period of limitation has expired.
 It prescribes period of limitation for different suits, petitions etc.
 It does not provide any right to an aggrieved party but interposes a bar to a
suit for enforcement of an existing right after the period of limitation has
expired.
 The statute of limitation is based on the principle of public policy which
required that the redressal of violated rights should he sought in a court
without unreasonable long delay.
 The statute of limitation is a statute of repose because they extinguish stale
demands and quiet titles by laying at rest claims which might otherwise have
disturbed the peace of community.
 When the period of limitation has expired, it provides justice by allowing the
aggrieved party to pray for relief.
 When the period of limitation has expired, it provides justice by allowing the
aggrieved party to pray for relief.
 It is, therefore, said that the law of limitation is a statute of repose, peace and
justice.

Limitation Bars Remedy, But Does Not Extinguish Rights (7-J,

The Law of limitation bars the remedy in a Court of law only when the period of
limitation has expired, but it does not extinguish the right that it cannot be enforced
by judicial process (Bombay Dying & Mfg. Co. Ltd. v. State of Bombay, AIR 1958 SC
28).Thus if a claim is satisfied outside the Court of law after the expiry of period of
limitation, that is not illegal as the right to cause of action always remains. Similarly,
even if the defence of limitation is not set by the other party, the Court cannot accept any
suit, appeal or application beyond the period of limitation.
There is however, one exception to this rule provided by section 27 of the Limitation

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Act,1963 stating that at the determination of the period hereby limited to any person or
instituting a suit for possession of any property, his right to such property shall be
extinguished. Thus, where a person’s right to institute a suit for the possession of any
property has become barred by limitation, his right to the property itself shall be
extinguished.
Binding Nature of the Limitation Act
The Courts in India are bound by the specific provisions of the Limitation Act and are
not permitted to move outside the ambit of these provisions.

BAR OF LIMITATION
Duty of the Court - Section 3 of the Act provides that any suit, appeal or application if
made beyond the prescribed period of limitation, it is the duty of the Court not to
proceed with such suits irrespective of the fact whether the plea of limitation has been
set up in defence or not. The provisions of Section 3 are mandatory. The Court can
suo motu take note of question of limitation. The question whether a suit is barred by
limitation should be decided on the facts as they stood on the date of presentation of
the plaint. It is a vital section upon which the whole limitation Act depends for its
efficacy.
The effect of Section 3 is not to deprive the Court of its jurisdiction.
Therefore, decision of a Court allowing a suit which had been instituted after
the period prescribed is not vitiated for want of jurisdiction. A decree passed in a
time barred suit is not a nullity.

EXTENSION OF TIME IN CERTAIN CASES

Doctrine of sufficient cause
(i) Section 5 provides that any appeal or any application, other than an application
under any of the provisions of Order XXI of the Code of Civil Procedure, 1908,
may be admitted after the prescribed period if the appellant or the applicant
satisfies the court that he had sufficient cause for not preferring the appeal or
making the application within such period.
(ii) The Court may admit an application or appeal even after the expiry of the
specified period of limitation if it is satisfied with the applicant or the appellant,
as the case may be as to sufficient cause for not making it within time.
(iii) The Court has no power to admit a time barred suit even if there is a sufficient
cause for the delay. It applies only to appeals or applications as specified
therein. The reason for non- applicability of the Section to suits is that, the
period of limitation allowed in most of the suits extends from 3 to 12 years
whereas in appeals and application it does not exceed 6 months. For the
applicability of Section 5, the ―
prescribed period should be over..
( i v) The party applying for condonation of delay should satisfy the Court for
not making an appeal or application within the prescribed period for sufficient
cause. The term sufficient cause has not been defined in the Limitation Act. It
depends on the circumstances of each case. However, it must be a cause which is
beyond the control of the party. once the period of limitation expires then the
appellant has to explain the delay made thereafter for day by day and if he is
unable to explain the delay even for a single day, it would be deemed that the
party did not have sufficient cause for delay.
(v) It is the Court‘s discretion to extend or not to extend the period of limitation
even after the sufficient cause has been shown and other conditions are also
specified. However, the Court should exercise its discretion judicially and not

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 arbitrarily.
(vi) The quasi-judicial tribunals, labour courts or executive authorities have no
power to extend the period under this Section.
What is sufficient cause and what is not may be explained by the following
Judicial observations:
1. Wrong practice of High Court which misled the appellant or his counsel in
not filing the appeal should be regarded as sufficient cause under
Section 5;
2. In certain cases, mistake of counsel may be taken into consideration in
condonation of delay. But such mistake must be bona fide;
3. Wrong advice given by advocate can give rise to sufficient cause in
certain cases;
4. Mistake of law in establishing or exercising the right given by law may
be considered as sufficient cause. However, ignorance of law is not
excuse, nor the negligence of the party or the legal adviser constitutes a
sufficient cause;
5. Imprisonment of the party or serious illness of the party may be
considered for condonation of delay;
6. Time taken for obtaining certified copies of the decree of the judgment
necessary to accompany the appeal or application was considered for
condoning the delay.
7. Non-availability of the file of the case to the State counsel or Panel
lawyer is no ground for condonation of inordinate delay (Collector and
Authorised Chief Settlement Commissioner v. Darshan Singh and
others, AIR 1999 Raj.84).
8. Ailment of father during which period the defendant was looking after
him has been held to be a sufficient and genuine cause.

Persons under legal disability – Section 6

1. Where a person entitled to institute a suit or make an application for the execution
of a decree is a
a. minor or
b. insane or
c. an idiot
he may institute the suit or make the application within the limitation period after the
disability has ceased.
2. where such person is,
a. affected by two such disabilities, or
b. where, before his disability has ceased, he is affected by another disability.
He may institute the suit or make the application within the same period after both
disabilities have ceased, as would otherwise have been allowed from the time so
specified.

Suit by legal representatives of legally disable person – section 6

a. where the disability of a legally disable person i.e minor, insane or idiot, continues
upto the death of that person, his legal representatives may institute the suit or make
the application within limitation period after his death.
b. where the legal representative is, at the date of the death of the person whom he
represents, affected by any such disability, he may institute the suit or make the
application within the period of limitation specified in the schedule after the disability
has ceased.
c. where a person under disability dies after the disability ceases but within the period
allowed to him, his legal representative may institute the suit or make the application
within the limitation period after the death, as would otherwise have been available to

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 that person had he not died.
d. For the purpose of this section, ‘minor’ includes a child in the womb.

Period of Limitation in case of disability of any of the joint persons (Section – 7)

a. where one of several persons jointly entitled to institute a suit or make an
application for the execution of a decree is under any disability, and discharge can be
given without the concurrence of such person, time will run against them all.
b. the period of limitation will be applied if the suit or application is not made before
expiry of the period of limitation.
c. where no such discharge can be given without the concurrence of such person,
time will not run as against any of them until one of them become capable of giving
such discharge without the concurrence of the other or until the disability has ceased.
The manager of a HUF governed by the Mitakshara law shall be deemed to be
capable of giving a discharge without the concurrence of the other members of the
family only if he is in management of the joint family properly.

CONTINUOUS RUNNING OF TIME – Section 9

(i) According to Section 9 of the Act where once time has begun to run, no
subsequent disability or inability to institute a suit or make an application can stop
it The period of limitation will expire at the end of period of limitation.
(ii) However where letters of administration to the estate of a creditor have been
granted to his debtor, the running of the period of limitation for a suit to recover
debt shall be suspended while the administration continues.
(iii) The applicability of this Section is limited to suits and applications only and does
not apply to appeals unless the case fell within any of the exceptions provided in
the Act itself.
(iv) In general, the period of limitation begins to run when the cause of action accrues. In
certain circumstances a cause of action may be completed so that the time begins to run,
even though the action itself cannot be brought because of some reason not part of the
cause of action.

Case Law:- B owed money to A on a bond which fell due in 2009. A died in 2000
without having brought any suit, and was succeeded by C, his 14 year old son. Is C
entitled to any extension of time on account of his minority?
Ans:- The cause of action was in 2009 and the period of limitation expires after3 years. At
the time of death of B his son was 14 years olf and he attainedmajority 4 years later. Section
9 of the Limitation Act,1963 provides where oncetime has begun to run, no subsequent
disability or inability to institute a suit ormake an application can stop it The period of
limitation will expire at the
end of period of limitation. the period of limitation in the given case,has already
run out and in terms of said section, the suit cannot bemaintainable and C is not
entitled to any extension of time on accountof his majority.

COMPUTATION OF PERIOD OF LIMITATION

In case of Legal Proceedings Exclusions while computing period

any suit, appeal or application
an appeal or an application for
leave to appeal or for revision or for
review of a judgement.
of limitation
the day on which the time begins to
run.
The day on which the judgement
complained of was pronounced and
the time requisite for obtaining a

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an application made for leave to
appeal from a decree or order
an application to set aside an
award
Where the suit or application is
based upon the fraud or mistake of
the defendant or respondent or his
agent
In case of death of a person before
the right to institute a suit accrues,
copy of the decree, sentence or
order appealed from or sought to be
revised or reviewed
The time requisite for obtaining a
copy of the judgement
time required for obtaining a copy of
the award
until the plaintiff or applicant has
discovered fraud or mistake subject
to certain exceptions.
the period of limitation shall be
computed from the time when there
is a legal representative of the
deceased capable of instituting
such suit or making such
application. The same rule applies
in case if defendant dies.

(ii) Exclusion of time during which leave to sue or appeal as a pauper is

applied for (Section 13).
(iii)Exclusion of time bona fide taken in a court without jurisdiction. (Section
14)
The relief to a person is given by Section 14 of the Act when the period of
limitation is over, because another civil proceedings relating to the matter in
issue had been initiated in a court which is unable to entertain it, by lack of
jurisdiction or by any other like cause. The following conditions must co-exist for
the applicability of this Section:
(a) that the plaintiff or the applicant was prosecuting another civil
proceedings against the defendant with due diligence;
(b) that the previous suit or application related to the same matter in issue;
(c) that the plaintiff or the applicant prosecuted in good-faith in that court; and
(d) that the court was unable to entertain a suit or application on
account of defect of jurisdiction or other like cause.
(iv) Exclusion of time in certain other cases
(a) When a suit or application for the execution of a decree has been
stayed by an injunction or order, the time of the continuance of the injunction or
order, the day on which it was issued or made and the day on which it was
withdrawn shall be excluded. [Section 15(1)]
(b) The time required to obtain the sanction or consent of the Govt. required,
or a notice period shall also be excluded in case of suits. [Section 15(2)]
(c) In a suit or an application for execution of a decree by any receiver or
interim receiver or any liquidator, the period beginning with the date of
institution of such proceeding and ending with the expiry of three months from
the date of their appointment shall be excluded. [Section 15(3)]
(d) The time during which a proceeding to set aside the sale has
been prosecuted shall be excluded in case of a suit for possession by a
purchaser at a sale in execution of a decree. [Section 15(4)]
(e) The time during which the defendant has been absent from India and

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 from the territories outside India administered by the Central Government,
shall also be excluded. [Section 15(5)]

EFFECT OF ACKNOWLEDGEMENT ON THE PERIOD OF LIMITATION

Section 18 of the Act deals with the effect of acknowledgement of liability
in respect of property or right on the period of limitation. The following
requirements should be present for a valid acknowledgement as per Section
18:
1. There must be an admission or acknowledgement;
2. Such acknowledgement must be in respect of any property or right;
3. It must be made before the expiry of period of limitation; and
4. It must be in writing and signed by the party against whom such
property or right is claimed.
If all the above requirements are satisfied, a fresh period of limitation shall
be computed from the time when the acknowledgement was signed.
EFFECT OF PAYMENT ON ACCOUNT OF DEBT OR OF INTEREST ON LEGACY
As per Section 19 of the Act where payment on account of a debt or of
interest on a legacy is made before the expiration of the prescribed period
by the person liable to pay the debt or legacy or by his agent duly authorised in
this behalf, a fresh period of limitation shall be computed from the time when
the payment was made. The proviso says that, save in the case of payment
of interest made before the 1st day of January, 1928 an acknowledgement of
the payment must appear in the handwriting of, or in a writing signed by the
person making the payment.
According to the explanation appended to this Section:
(a) where mortgaged land is in the possession of the mortgagee, the receipt of the
rent or produce of such land shall be deemed to be a payment;
(b) debt‘ does not include money payable under a decree or order of a court for the
purpose of this Section.

Thus, according to this section a fresh period of limitation becomes

available to the creditor from the date of part payment when part-payment of
debt is made by the debtor before the expiration of the period of limitation.
COMPUTATION OF TIME MENTIONED IN INSTRUMENTS
All instruments shall for the purposes of this Act be deemed to be made with
reference to the Gregorian Calendar. (Section 24)

ACQUISITION OF OWNERSHIP BY POSSESSION

Section 25 applies to acquisition of easements. It provides that the right to access and
use of light or air, way, watercourse, use of water, or any other easement which have been
peaceably enjoyed without interruption and for twenty years (thirty years if property belongs
to Government) shall be absolute and indefeasible. Such period of twenty years shall be a
period ending within two years next before the institution of the suit.
LIMITATION AND WRITS UNDER THE CONSTITUTION
The subject of limitation is dealt with in entry 13, List III of the Constitution of India. The
Legislature may, without violating the fundamental rights, enact statutes prescribing
limitation within which actions may be brought or varying or changing the existing rules of
limitation either by shortening or extending time provided a reasonable time is allowed for
enforcement of the existing right of action which would become barred under the amended

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Statute.
The Statute of Limitation is not unconstitutional since it applies to right of action in future. It is
a shield and not a weapon of offence (34 American Jurisprudence, P. 16).
The State cannot place any hindrance by prescribing a period of limitation in the way of an
aggrieved person seeking to approach the Supreme Court of India under Article 32 of the
Constitution. To put curbs in the way of enforcement of Fundamental Rights through
legislative action might well be questioned under Article 13(2) of the Constitution. It is
against the State action that Fundamental Rights are claimed (Tilokchand Motichand v.
H.P. Munshi, AIR 1970 SC 898).
The Limitation Act does not in terms apply to a proceeding under Article 32 or Article 226 of
the Constitution. But the Courts act on the analogy of the statute of limitation and refuse
relief if the delay is more than the statutory period of limitation (State of M.P. v. Bhai Lal
Bhai, AIR 1964 SC 1006). Where the remedy in a writ petition corresponds to a remedy in
an ordinary suit and latter remedy is subject to bar of a statute of limitation, the Court in its
writ jurisdiction adopts in the statute its own rule of procedure and in absence of special
circumstances imposes the same limitation in the writ jurisdiction.
If the right to property is extinguished by prescription under Section 27 of the Limitation Act,
1963, there is no subsisting right to be enforced under Article 32 of the Constitution. In other
case where the remedy only, not the right, is extinguished by limitation the Court will refuse
to entertain stale claims on the ground of public policy (Tilokchand Motichand v. H.P.
Munshi, AIR 1970 SC 898).

CLASSIFICATION OF PERIOD OF LIMITATION

Period Cases
30 years 1. Suits by mortgagors for the redemption or recovery of
possession of immovable property mortgaged;
2. Suits by mortgagee for foreclosure;
3. Suits by or on behalf of the Central Government or any State
Government including the State of Jammu and Kashmir.
12 years various kinds of suits relating to immovable property, trusts and
endowments.

3 years suits relating to accounts, contracts, declaratory suits, suits relating

to decrees and instruments and suits relating to movable property.

1-3 years suits relating to torts and other miscellaneous matters and suits for
which no period of limitation is provided in the schedule to the Act.

10 Days application for leave to appear and defend a suit under summary
procedure from the date of service of the summons.
30 Days appeals against a sentence of death passed by a court of session
or a High Court in the exercise of its original jurisdiction
60 Days(HC) appeal against any sentence other than a sentence of death or any
30(other Court) other not being an order of acquittal,
60 Days(HC) Period of leave to appeal as a pauper from the date of the decree
30 Days(other) Period of leave to appeal as a pauper from the date of the decree

Add:- (1) Krishna Nagar, Near Aarti Chowk, Ludhiana (2) Urban Estate Phase – I, Dugri, Ludhiana