summary notes of general law - kcc tutorials construction different entries in the different lists...

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

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CONSTITUTION OF INDIA

Came into force on 26th January,1950contains Articles – 395

Parts – 22Schedules - 12

Preamble to Constitution India to be a Sovereign, Socialist, Secular, DemocraticRepublic and secures to all its citizens Justice, Liberty,Equality and Fraternity. It is declared that the Constitutionhas been given by the people to themselves, therebyaffirming the republican character of the polity and thesovereignty of the people.

Preamble Sovereign – Socialist Secular Democratic RepublicJustice - Social, Economic, PoliticalLiberty – of Thought, Expression, belief, Faith andWorshipEquality – of Status and of opportunityFraternity – assuring the dignity of the individual and theunity and integrity to the nation

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

Federal Features ofconstitution

1. Dual Government – Union government & StateGovernment2. Distribution of powers between Union & StateGovernment3. Independent Judiciary4. Largest Written Constitution5. Supremacy of Constitution6. Rigid procedure to change the constitution

Unitary Features 1. Single citizenship throughout country


2. Power of Union Government to make law in state list incertain

circumstances3. Unified Judiciary and public services4. Union can create new states by altering boundaries ofexisting

states.Lists

- List-I- List-II- List-III

Union List – Matters on which Only Union can legislateState List Matters on which Only SG can legislateConcurrent List – Matters on which both Union & Statecan legislate

Residuary powers i.ewhich are not given ineither of abovementioned3 lists

Only parliament can legislate on those matters.

Cases in which Parliamentcan make laws on matterscovered under State List

(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

Definition of State i. the government and parliament of Indiaii. the government and legislature of each stateiii. all local or other authorities under the control of GOInote: local authorities refers to authorities likemunicipalities, District boards, panchayats etc.

Protection in respect ofconviction of offences

1. Ex-post facto laws- A person cannot be punished forthose act which were not offences at the time when it wascommitted, 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 personwas let off without being punished, then later on casecan be reopened.

6 Fundamental Rights (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)

6 Fundamental Freedoms 1. Right to freedom of speech and expression2. right to assemble peacefully and without arms3. Right to form association or unions4. Right to move freely throughout the territory of India5. Right to reside and settle in any part of the territory of

India6. Right to practice and profession, or to carry on any

occupation, trade or businessExisting Laws Pre-Constitutional LawsFuture Laws Post-Constitutional LawsDoctrine of Severability Any part of the existing law which is inconsistent

with the fundamental rights will be severed and


declared invalid. The rest of the act is declared valid. If after separation of such inconsistent part,

remaining statute does not carry any meaning, thenentire such existing law shall become void.

Doctrine of eclipse If provision of any existing law is inconsistent withthe fundamental rights given in the constitution ofIndia, then such inconsistent provision shall geteclipsed.

But if later on on amendment of the constitution,such inconsistent provision becomes consistentwith the constitution, then these provision shallcome into force.

Doctrine of ColourableLegislation

Which cannot be done directly must not be doneindirectly.

Harmonious Construction Different entries in the different lists are to be interpretedin such a way that a conflict between them is avoided andeach of them is given effect.

Doctrine of waiver A person cannot without any of his fundamental rights.Preventive Detention The object of the preventive detention is to detain a

person with the intention of preventing him fromcommitting 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 ofessentials

No person can be detained beyond a period of 6months unless period is extended by parliamentarylaw or specified .advisory board.

Person detained must be intimated the grounds ofdetention.

He must be given fair chance of presenting hiscase.

Ordinance making powerof President Article 123

1. This power is to be exercised by the President onthe advice of his Council of Ministers.

2. The Ordinance must be laid before Parliamentwhen it re-assembles, and shall automaticallycease to have effect at the expiration of 6 weeksfrom the date of re-assembly or before resolutionshave been passed disapproving the Ordinance.

3. The Ordinance-making power will be available tothe President only when both the Houses ofParliament have been prorogued or is otherwisenot in session, so that it is not possible to have alaw enacted by Parliament. However, Ordinancecan be made even if only one House is in Session,when law cannot be made by that House in sessionalone. The President’s Ordinance making powerunder the Constitution is not a co-ordinate orparallel power of legislation along withLegislature.


Delegated Legislation Delegated Legislation may be defined as “rules oflawmaking under the authority of an Act ofParliament”.

Although laws are to be made by legislature i.eparliament/legislative assembly, the legislature bystatute delegate its powers to other body or persons.

Such statute is known as the enabling Act and laysdown the broad principles and leaves the detailedrules to be provided by regulations made by a bodyor persons.

Delegated legislation may be in the form of rules,regulations, orders or bye laws.

Delegated Legislation must be in printed form.Types of DelegatedLegislation

1. Executive Legislation e.g- CBDT,CBEC etc.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 Legislation4. Autonomous Legislation - e.g – Panjab University5. Colonial Legislation - e.g – British India

Type ofWrits

Meaning ofWrit

Purpose of issue

HabeasCorpus

To have abody

To release a person who has been detained unlawfullywhether in prison or in private custody.

Mandamus Wecommand

To secure the performance of public duties by lowercourt, tribunal or public authority.

Certiorari To becertified

To quash the order already passed by inferior court,tribunal or quasi judicial authority.

Prohibition Commandsinactivity

To prohibit an inferior court from continuing theproceedings in a particular case where it has nojurisdiction to try.

QuoWarranto

What isyourauthority?

To restrain a person from holding a public office which heis not entitled.

Interpretation of Statutes

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

Interpretation or construction is the process by which the Court’s seekto 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, ordinarysense. No words to be discarded as surplus. No words to beadded.

(b) The Mischief Rule or Heydon’s Rule: Law is enacted toprevent some mischief. Court tries to find what was the mischieftaking place before the law was enacted and how legislatureprevented it.

(c) Rule of Reasonable Construction i.e. Ut Res Magis Valeat QuamPareat: If the Court considers that the litera legis is not clear, it,must interpret according to the purpose, policy or spirit of the


statute (ratio-legis). It is, thus, evident that no invariable rule canbe established for literal interpretation.

(d) Rule of Harmonious Construction. Where in an enactment,there are two provisions which cannot be reconciled with eachother, they should be so interpreted that, if possible, effect may begiven to both.

(e) Rule of Ejusdem Generis: the ejusdem generis rule is that, wherethere are general words following particular and specific words,the general words following particular and specific words must beconfined to things of the same kind as those specified, unlessthere 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 asthey 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 ofthe Act and it often precedes the preamble

(b) Preamble: The preamble may be legitimately consulted in case anyambiguity arises in the construction of an Act and it may be useful to fixthe meaning of words used so as to keep the effect of the statute within itsreal 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 mainenactment, and its effect is confined to the case.

(g) Illustrations attached to sections are part of the statute and they areuseful so far as they help to furnish same indication of the presumableintention of the legislature. An explanation is at times appended to asection to explain the meaning of words contained in the section. Itbecomes a part and parcel of the enactment.

(h) The schedules form a part of the statute and must be read togetherwith it for all purposes of construction.

(i) The statement of objects and reasons as well as the ‘notes on clausesof the Bill relating to any particular legislation. These are helpful inapplying mischief rule of interpretation.

B. External Aids in Interpretation: Parliamentary History and Reference toReports of Committees help in knowing what mischief parliament wanted toprevent, Reference to other Statutes helps to what is the general scheme oflaw. Dictionaries h e l p i n understanding the ordinary meaning of theword. Use of foreign decisions of countries following the same system ofjurisprudence as ours and rendered on statutes in pari-materia has beenpermitted by practice in Indian Court.


TORTS

Tort A civil wrong

Types of Torts Private Wrong - breaches of private law, i.e., wrongsagainst individuals.P u b l i c W r o n g - wrongs which are madepunishable under the penal law which belong to the publiclaw group.

General conditions forliability of a Tort

(i) a wrongful act or omission of the defendant;(ii) the wrongful act must result in causing legal damage toanother; and(iii) the wrongful act must be of such a nature as to give rise toa legal remedy.

Damnum SineInjuria

Actual Loss without Legal Injury e.g someone startsbusiness and you loses your clients.

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

Strict or Absolute Liability

(Liability with or withoutfault)

In some torts, the defendant is liable even though theharm to the plaintiff occurred without intention or negligenceon the defendant‘s part. In other words, the defendant is heldliable without fault. Categories of such Liabilities

(i) Liability for Inevitable Accident

(ii) Liability for Inevitable Mistake

(iii) Vicarious Liability for Wrongs committed by othersConditions for applyingStrict Liability Rule

(i) Escape(ii) Non-natural use of Land:

Exceptions to the Rule ofStrict Liability

(i) Damage due to Natural Use of the Land(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]


(d) Employer and Independent Contractor(e) Where Employer is Liable for the acts of IndependentContractor(f) Where Employer is not Liable for the acts of an IndependentContractor(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 howevertrivial 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 plaintiffthat he is going to commit battery against him, the tort of assault is committed. The law ofassault is substantially the same that of battery except that apprehension of contact, not thecontact itself has to be established.

c. Bodily harm – A wilful act or statement of defendant calculated to cause physical harm tothe 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 moveabout 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 Torts1. 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 necessary machinery forapprehending thecriminals, investigating the criminal cases, their trials before the criminal courts and imposition ofproper punishment on the guilty personIt is an adjective law but also contains provisions of substantive nature (e.g. Chapters VIII, IX, Xand XI). It’s object is to provide a machinery for determining the guilt of and imposing punishmenton offenders under the substantive criminal law, for example, the Indian Penal Code (I.P.C.). Thetwo Codes are to be read together.Mens rea - A guilty mind

- A subjective matter


- An essential ingredient in every criminal case

A bailable offence Means as an offence which is shown as bailable in First Sheduleor which is made bailable by any other law for the time beingin force.

Non-bailable offence Any other offenceCognizable offence - Serious offences

- Arrest without warrant.Judicial Proceeding" includes any proceeding in the course of which evidence is or

may be legallytaken on oath. It includes inquiry and trial but not investigation.

Pleader when used with reference to any proceeding in any Court,means a person authorized by or under any law for the timebeing in force, to practice in such Court, and includes any otherperson appointed with the permission of the Court to act in suchproceeding;

Public Prosecutor means any person appointed under section 24, and includes anyperson acting under the directions of a Public Prosecutor;

Arrest without warrant(Section- 41)

- Committed cognizable offence & credible informationavailable- 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 otherpolice

officerArrest by a private person - may arrest or cause to be arrested any person who in

his presence commits a non-bailable and cognizableoffence or who is a proclaimed offender

Production of arrestedperson withoutwarrant

a) can be kept into custody for a period not exceeding 24hours, andb) before the expiry of that period he is to be producedbefore the nearest Magistrate,c) who can under Section 167 order his detention for aterm notexceeding 15 days, or he can be taken to a Magistrate,under whose jurisdiction he

is to be tried, andd) such Magistrate can remand him to custody for

a term which may exceed 15 days but not morethan 60 days.

Non-cognizable offence - Less serious offence- Arrest with the permission of magistrate

Complaint - Written or oral made to magistrate- Does not include police report but if made

after investigation then included-


Bail release of the accused from the custody of the officers of lawAnticipatory bail - granted by the High Court or a Court of Session,

- to a person who apprehends arrest for havingcommitted a non-

Bailable offence,- but has not yet been arrested

Investigation, inquiry or trial - firstly investigation is conducted, then inquiry or trialInquiry - means every inquiry other than a trial

- it stops when trial begins- made by a magistrate or court

investigation - by police officer or any officer authorized bymagistrate but cannot be conducted bymagistrate himself

- purpose – collection of evidenceWarrant case means an offencepunishable with

- death or- imprisonment for life or- imprisonment for a term exceeding two years

Summon case - Other than a warrant case i.e an offence punishablewith 2 years or less imprisonment

Classes of criminal courts - 5Classes of criminal courts 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; and5) Executive Magistrates;

Besides this, the Courts may also be constituted underany other law. The Supreme Court is also vested withsome criminal powers. Article 134 confers appellatejurisdiction on the Supreme Court in regard to criminalmatters from a High Court in certain cases.

Courts/Authority PowersHigh Court - any sentence authorized by lawSession judge or additionalsession judge

- any sentence authorized by law, but death sentencesubject to confirmation of High Court

An Assistant Sessions Judge any sentence authorised by law except- death sentence- life imprisonment- imprisonment for exceeding 10 years

Chief Judicial Magistrate any sentence authorised by law except- death sentence- life imprisonment- imprisonment for exceeding 7 years

Magistrate of the first class - a sentence of imprisonment for a term not exceedingthree years or- of a fine not exceeding five thousand rupees, or- of both

Magistrate of the second class - a sentence of imprisonment for a term not exceedingone year, or- of fine not exceeding one thousand rupees, or- of both

Chief Metropolitan Magistrate shall have the powers of the Court of a Chief JudicialMagistrate and that of aMetropolitan Magistrate, and the powers of the Court of aMagistrate of the First class.


-Sentence of imprisonmentin default of fine

Court of a Magistrate may award such term of imprisonment indefault of paymentof fine as is authorised by law provided the that the term:

(i) is not in excess of the powers of the Magistrateunder Section 29; and

(ii) where imprisonment has been awarded as part ofthe substantive sentence, it should not exceed1/4th of the term of imprisonment which theMagistrate is competent to inflict as punishmentfor the offence otherwise than as imprisonment indefault of payment of the fine.

-SUMMON PARTICULARSPurpose - either for appearance or for producing a document or

thingIssued to - to an accused person or witnessWritten or oral - always in writingTo 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 orother public servant

If service cannot be effectedby the exercise of duediligence

- the serving officer can perform substituted serviceby affixing one of the duplicates of the summonsto some conspicuous part of the house orhomestead in which person summoned ordinarilyresides

Service of summon oncorporation includingincorporatecompany/society/bodycorporate

- on the secretary,- local manager orother principal officer of the corporation,

WARRANTpurpose - only for protection of a person before the concerned

Court and not beforethe police officer

Conditions a) must be in writing.b) must bear the name and designation of the person whois to execute it;c) must give full name and description of the person to bearrested;d) must state the offence charged;e) must be signed by thepresiding officer; and f)must be sealed.g) police officer or other person executing the warrant of

arrest shallbring the person arrested before the Courtwithout unnecessary delay provided that such delayshall not in any case exceed 24 hours exclusive of thetime necessary for the journey from the place of arrestto the Magistrate’s Court.

If warrant remains unexecuted Code provides for two remedies:

1) issuing a proclamation (Section 82); and


2) attachment and sale of property (Section 83).SEARCH WARRANT a search warrant can be issued

only in the following cases:

a) where the Court has reason to believe that a personsummoned to produce any document or other thing willnot produce it;

b) where such document or thing is not known to theCourt 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 restrictedin its scope as to any place or part thereof.

Note: But such warrant shall not be issued for searching adocument, parcel orother thing in the custody of the postal or telegraphauthority, by a magistrate other than a District Magistrate orChief Judicial Magistrate, nor would such warrant be issuedso as to affect Sections 123 and 124 of the Indian EvidenceAct, 1872 or the Bankers’ Book Evidence Act, 1891.

Cognizance of an offence Any Magistrate of first class and of the second classspecially empowered may take cognizance of an offenceupon:

1) receiving a complaint of facts constituting such offence;2) a police report of such facts;3) information received from any person otherthan a police officer; (4) his own knowledgethat such offence has been committed.

Limitation period(6 months – Fine only)(1 year- Imprisonment upto 1 y)(3 yearsimprisonment upto 3y)

no Court shall take cognizance of an offence after theexpiry 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 withimprisonment for a term exceeding one yearbut not exceeding three years.

Summary Trial (upto 2 yearsimprisonment cases only)

Summary trial means the “speedy disposal” of cases. Bysummary cases is meant a case which can be tried anddisposed of at once. Generally, it will apply to such offencesnot punishable with imprisonment for a term exceeding twoyears.

Section 260(1) of the Criminal Procedure Code sets out theprovisions for summary trials. It says:(a) any Chief Judicial Magistrate;(b) any Metropolitan Magistrate;(c) any Magistrate of the First class who is speciallyempowered 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 lifeor imprisonment for a term exceeding two years;

b. theft under Section 379, Section 380 or Section 381 of theIndian Penal Code, where the value of the property stolendoes not exceed Rs. 200;

a. receiving or retaining stolen property, under Section 411 of the


IndianPenal Code, where the value of such property, does notexceed Rs. 200;

d. assisting in the concealment or disposal of stolenproperty, 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 theIndian Penal Code;

e. insult with intent to provoke a breach of the peace, underSection

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 CattleTrespass Act, 1871.

Sub-section (2) states that when in the course of a summarytrial it appears to the Magistrate that the nature of thecase is such that it is undesirable to try it summarily, theMagistrate shall recall any witnesses who may have beenexamined and proceed to re-hear the case in the mannerprovided in this Code. Summary trial is a speedy trial bydispensing with formalities or delay in proceedings.Section 262 envisages procedure for summary trials. Sub-section (1) lays down that in all summary trials thesummons-case procedure should be followed irrespectiveof the nature of the case i.e. whether it is a summons- caseor a warrant case. Sub-section (2) laying down the limit ofthe sentence of imprisonment states that no sentence ofimprisonment for a term exceeding 3 months shall bepassed in any conviction in summary trials.

RIGHT TO INFORMATION

Right to information is a necessary ingredient of participatory democracy. The Right toInformation, Act 2005 provides a remedy effectuating the right to information recognisedunder article 19 of the Constitution of India. The Right to Information Act, 2005 is a lawempowering the citizens a right to access to information under the control of publicauthorities. 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.


PIO/APIO will be responsible to deal with the request for information and also toassist 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 materialheld 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 toinformation

Means the right to information accessible under this Act which is heldby 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 throughprintouts where such information is stored in a computer or inany other device;

4. Third party Means a person other than the citizen making a request forinformation 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 andpublish manuals, rules, regulations, instructions in its possession as prescribed underthe act. Public authority should publish all relevant facts while formulating policies orannouncing the decision which affects the public at large, and they are also duty boundto 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;


iii. The procedure followed in its decision making process, including channels ofsupervision 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 policyor 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 themeetings of these are open to the public, or the minutes of such meetings areaccessible 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 publicuse;

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 InformationOfficers to provide information to persons who have made a request for theinformation.

Designate at each sub-divisional level or sub-district level Central Assistant orState Assistant Public Information Officers to receive the applications forinformation or appeals for forwarding the same to the Central or State PublicInformation Officers.

No reason to be given by the person making request for information except thosethat 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, therequest to that other public authority and inform the applicant immediately.

The PIO may seek the assistance of any other officer as he considers it necessaryfor the proper discharge of his duties.

The PIO shall provide information within 30 days from the receipt of request, wherethe information requested for concerns the life or liberty of a person, the same shallbe 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 shallbe deemed to have refused the request. Where a request has been rejected, thePIO shall communicate to the requester - (i) the reasons for such rejection, (ii) theperiod within which an appeal against such rejection may be preferred, and (iii) theparticulars of the Appellate Authority.

PIO shall provide information in the form in which it is sought unless it woulddisproportionately divert the resources of the Public Authority or would bedetrimental 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


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 ofaccess provided.

If information sought has been supplied by third party or is treated as confidentialby that third party, the PIO shall give a written notice to the third party within 5 daysfrom the receipt of the request. Third party must be given a chance to make arepresentation before the PIO within 10 days from the date of receipt of such notice

Manner for obtaining information under RTI, Act 2005The RTI Act, 2005 specifies the manner in which requests may be made by the citizen tothe authority for obtaining information. It also provides for transferring the request to theother 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 informationFollowing 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 aperson 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 CommissionsBasis ofdifference

Central InformationCommission(CIC)

State Information Commission(SIC)


1. Constitutedby

Central Government throughgazette notification.

State Government throughgazette notification.

2. Composition 1 Chief InformationCommissioner and;

Not more than 10 InformationCommissioners.

One State Chief InformationCommissioner and;

Not more than 10 StateInformation Commissioners(SIC).

Chief informationcommissioner/informationcommissioner

State informationcommissioner

Appointment Appointed by President on therecommendations of acommittee consisting of PrimeMinister who is the chairman ofthe committee, leader ofopposition in Lok Sabha and aunion cabinet ministernominated by PM.

Appointed by the Governor onthe recommendations of acommittee consisting of theChief Minister who is theChairman of the committee.Other members include theLeader of the Opposition inthe Legislative Assembly andone Cabinet Ministernominated by the ChiefMinister.

Qualification Having knowledge and experience in law, science and technology,social service, management, journalism, mass media oradministration and governance.

CIC/SIC shall not be a Member of Parliament or Member of theLegislature of any State or Union Territory.

He shall not hold any other office of profit or connected with anypolitical party or carrying on any business or pursuing any profession.

Office Headquarters: In Delhi.Other offices: May be establishedin other parts of the country withthe approval of the CentralGovernment.

Headquarters: At such place asthe State Government mayspecify.Other offices: May beestablished in other parts of thestate with the approval of theState Government.

Salary Same as that of the Chief ElectionCommissioner.

Salary of State Chief InformationCommissioner will be the sameas that of an ElectionCommissioner.And of state informationcommissioner same as that ofthe Chief Secretary of the StateGovernment.

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;


(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 anenquiry the Commission has same powers as vested in a Civil Court.

3. The Central Information Commission or the State Information Commission during theinquiry of any complaint under this Act may examine any record which is under thecontrol of the public authority, and no such record may be withheld from it on anygrounds.

Appellate AuthoritiesAppeal against the orders of PIO

Time Limit AuthorityFirstAppeal

Within 30 days from the expiry ofspecified time limit or from the receipt ofdecision. Delay may be condoned bythe Appellate Authority if sufficientcause is shown

Officer senior in rank to thePIO in the concerned PublicAuthority

SecondAppeal

Within 90 days from the decision offirst appellate authority.Delay may be condoned by theCommission if sufficient cause is shown

Central InformationCommission or the StateInformation Commission asthe 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 PIOThe Appeals must be disposed of within 30 days from the receipt of order. Time periodcould be extended by 15 days if necessary.

PenaltiesEvery PIO will be liable for fine of Rs. 250 per day, up to maximum of Rs. 25000 for thefollowing:-

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 beforeany penalty is imposed on him.The Information Commission (IC) at the Centre and at the State levels will have the power toimpose this penalty. They can also recommend disciplinary action for violation of the lawagainst the PIO for persistently failing to provide information without any reasonable causewithin the specified period.

Role of State/Central Government in Right to Information Act, 20051. 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


information such as notices regarding fees to be paid, remedies available in law ifrequest is rejected etc.

5. Promote timely and effective dissemination of accurate information by the publicauthorities

6. Compile and disseminate a User Guide for the public in the respective official language.

LIMITATION ACT, 1963

PreambleThe Limitation Act,1963 is an Act to consolidate and amend the law for the limitationof suits and other proceedings and other purposes connected therewith. It containsprovisions for limitation of suits, appeals and applications, computation of period oflimitation, acquisition of ownership by possession and other miscellaneous provisionsin 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 hasexpired.

The statute of limitation is based on the principle of public policy whichrequired that the redressal of violated rights should he sought in a courtwithout unreasonable long delay.

The statute of limitation is a statute of repose because they extinguish staledemands and quiet titles by laying at rest claims which might otherwise havedisturbed the peace of community.

When the period of limitation has expired, it provides justice by allowing theaggrieved party to pray for relief.

When the period of limitation has expired, it provides justice by allowing theaggrieved party to pray for relief.

It is, therefore, said that the law of limitation is a statute of repose, peace andjustice.

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 oflimitation has expired, but it does not extinguish the right that it cannot be enforcedby judicial process (Bombay Dying & Mfg. Co. Ltd. v. State of Bombay, AIR 1958 SC28).Thus if a claim is satisfied outside the Court of law after the expiry of period oflimitation, 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 anysuit, appeal or application beyond the period of limitation.There is however, one exception to this rule provided by section 27 of the Limitation


Act,1963 stating that at the determination of the period hereby limited to any person orinstituting a suit for possession of any property, his right to such property shall beextinguished. Thus, where a person’s right to institute a suit for the possession of anyproperty has become barred by limitation, his right to the property itself shall beextinguished.Binding Nature of the Limitation Act

The Courts in India are bound by the specific provisions of the Limitation Act and arenot permitted to move outside the ambit of these provisions.

BAR OF LIMITATIONDuty of the Court - Section 3 of the Act provides that any suit, appeal or application ifmade beyond the prescribed period of limitation, it is the duty of the Court not toproceed with such suits irrespective of the fact whether the plea of limitation has beenset up in defence or not. The provisions of Section 3 are mandatory. The Court cansuo motu take note of question of limitation. The question whether a suit is barred bylimitation should be decided on the facts as they stood on the date of presentation ofthe plaint. It is a vital section upon which the whole limitation Act depends for itsefficacy.

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 afterthe period prescribed is not vitiated for want of jurisdiction. A decree passed in atime barred suit is not a nullity.

EXTENSION OF TIME IN CERTAIN CASESDoctrine of sufficient cause

(i) Section 5 provides that any appeal or any application, other than an applicationunder 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 applicantsatisfies the court that he had sufficient cause for not preferring the appeal ormaking the application within such period.

(ii) The Court may admit an application or appeal even after the expiry of thespecified 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 sufficientcause for the delay. It applies only to appeals or applications as specifiedtherein. The reason for non- applicability of the Section to suits is that, theperiod of limitation allowed in most of the suits extends from 3 to 12 yearswhereas in appeals and application it does not exceed 6 months. For theapplicability of Section 5, the ―prescribed period should be over..

( iv) The party applying for condonation of delay should satisfy the Court fornot making an appeal or application within the prescribed period for sufficientcause. The term sufficient cause has not been defined in the Limitation Act. Itdepends on the circumstances of each case. However, it must be a cause which isbeyond the control of the party. once the period of limitation expires then theappellant has to explain the delay made thereafter for day by day and if he isunable to explain the delay even for a single day, it would be deemed that theparty 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 alsospecified. However, the Court should exercise its discretion judicially and not


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 followingJudicial observations:

1. Wrong practice of High Court which misled the appellant or his counsel innot filing the appeal should be regarded as sufficient cause underSection 5;

2. In certain cases, mistake of counsel may be taken into consideration incondonation of delay. But such mistake must be bona fide;

3. Wrong advice given by advocate can give rise to sufficient cause incertain cases;

4. Mistake of law in establishing or exercising the right given by law maybe considered as sufficient cause. However, ignorance of law is notexcuse, nor the negligence of the party or the legal adviser constitutes asufficient cause;

5. Imprisonment of the party or serious illness of the party may beconsidered for condonation of delay;

6. Time taken for obtaining certified copies of the decree of the judgmentnecessary to accompany the appeal or application was considered forcondoning the delay.

7. Non-availability of the file of the case to the State counsel or Panellawyer is no ground for condonation of inordinate delay (Collector andAuthorised Chief Settlement Commissioner v. Darshan Singh andothers, AIR 1999 Raj.84).

8. Ailment of father during which period the defendant was looking afterhim has been held to be a sufficient and genuine cause.

Persons under legal disability – Section 61. Where a person entitled to institute a suit or make an application for the executionof a decree is aa. minor orb. insane orc. an idiothe may institute the suit or make the application within the limitation period after thedisability has ceased.2. where such person is,a. affected by two such disabilities, orb. 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 bothdisabilities have ceased, as would otherwise have been allowed from the time sospecified.

Suit by legal representatives of legally disable person – section 6a. where the disability of a legally disable person i.e minor, insane or idiot, continuesupto the death of that person, his legal representatives may institute the suit or makethe application within limitation period after his death.b. where the legal representative is, at the date of the death of the person whom herepresents, affected by any such disability, he may institute the suit or make theapplication within the period of limitation specified in the schedule after the disabilityhas ceased.c. where a person under disability dies after the disability ceases but within the periodallowed to him, his legal representative may institute the suit or make the applicationwithin the limitation period after the death, as would otherwise have been available to


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 anapplication for the execution of a decree is under any disability, and discharge can begiven 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 beforeexpiry 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 givingsuch 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 becapable of giving a discharge without the concurrence of the other members of thefamily 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, nosubsequent disability or inability to institute a suit or make an application can stopit 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 beengranted to his debtor, the running of the period of limitation for a suit to recoverdebt shall be suspended while the administration continues.

(iii) The applicability of this Section is limited to suits and applications only and doesnot apply to appeals unless the case fell within any of the exceptions provided inthe Act itself.

(iv) In general, the period of limitation begins to run when the cause of action accrues. Incertain 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 thecause of action.

Case Law:- B owed money to A on a bond which fell due in 2009. A died in 2000without having brought any suit, and was succeeded by C, his 14 year old son. Is Centitled 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. Atthe time of death of B his son was 14 years olf and he attainedmajority 4 years later. Section9 of the Limitation Act,1963 provides where oncetime has begun to run, no subsequentdisability or inability to institute a suit ormake an application can stop it The period oflimitation will expire at theend of period of limitation. the period of limitation in the given case,has alreadyrun out and in terms of said section, the suit cannot bemaintainable and C is notentitled to any extension of time on accountof his majority.

COMPUTATION OF PERIOD OF LIMITATION

In case of Legal Proceedings Exclusions while computing periodof limitation

any suit, appeal or application the day on which the time begins torun.

an appeal or an application forleave to appeal or for revision or forreview of a judgement.

The day on which the judgementcomplained of was pronounced andthe time requisite for obtaining a


copy of the decree, sentence ororder appealed from or sought to berevised or reviewed

an application made for leave toappeal from a decree or order

The time requisite for obtaining acopy of the judgement

an application to set aside anaward

time required for obtaining a copy ofthe award

Where the suit or application isbased upon the fraud or mistake ofthe defendant or respondent or hisagent

until the plaintiff or applicant hasdiscovered fraud or mistake subjectto certain exceptions.

In case of death of a person beforethe right to institute a suit accrues,

the period of limitation shall becomputed from the time when thereis a legal representative of thedeceased capable of institutingsuch suit or making suchapplication. The same rule appliesin case if defendant dies.

(ii) Exclusion of time during which leave to sue or appeal as a pauper isapplied for (Section 13).

(iii)Exclusion of time bona fide taken in a court without jurisdiction. (Section14)

The relief to a person is given by Section 14 of the Act when the period oflimitation is over, because another civil proceedings relating to the matter inissue had been initiated in a court which is unable to entertain it, by lack ofjurisdiction or by any other like cause. The following conditions must co-exist forthe applicability of this Section:

(a) that the plaintiff or the applicant was prosecuting another civilproceedings 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 beenstayed by an injunction or order, the time of the continuance of the injunction ororder, the day on which it was issued or made and the day on which it waswithdrawn 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 orinterim receiver or any liquidator, the period beginning with the date ofinstitution of such proceeding and ending with the expiry of three months fromthe date of their appointment shall be excluded. [Section 15(3)]

(d) The time during which a proceeding to set aside the sale hasbeen prosecuted shall be excluded in case of a suit for possession by apurchaser at a sale in execution of a decree. [Section 15(4)]

(e) The time during which the defendant has been absent from India and


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

EFFECT OF ACKNOWLEDGEMENT ON THE PERIOD OF LIMITATIONSection 18 of the Act deals with the effect of acknowledgement of liabilityin respect of property or right on the period of limitation. The followingrequirements should be present for a valid acknowledgement as per Section18:

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; and4. 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 LEGACYAs per Section 19 of the Act where payment on account of a debt or ofinterest on a legacy is made before the expiration of the prescribed periodby the person liable to pay the debt or legacy or by his agent duly authorised inthis behalf, a fresh period of limitation shall be computed from the time whenthe payment was made. The proviso says that, save in the case of paymentof interest made before the 1st day of January, 1928 an acknowledgement ofthe payment must appear in the handwriting of, or in a writing signed by theperson 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 becomesavailable to the creditor from the date of part payment when part-payment ofdebt is made by the debtor before the expiration of the period of limitation.

COMPUTATION OF TIME MENTIONED IN INSTRUMENTSAll instruments shall for the purposes of this Act be deemed to be made withreference to the Gregorian Calendar. (Section 24)

ACQUISITION OF OWNERSHIP BY POSSESSIONSection 25 applies to acquisition of easements. It provides that the right to access anduse of light or air, way, watercourse, use of water, or any other easement which have beenpeaceably enjoyed without interruption and for twenty years (thirty years if property belongsto Government) shall be absolute and indefeasible. Such period of twenty years shall be aperiod ending within two years next before the institution of the suit.

LIMITATION AND WRITS UNDER THE CONSTITUTIONThe subject of limitation is dealt with in entry 13, List III of the Constitution of India. TheLegislature may, without violating the fundamental rights, enact statutes prescribinglimitation within which actions may be brought or varying or changing the existing rules oflimitation either by shortening or extending time provided a reasonable time is allowed forenforcement of the existing right of action which would become barred under the amended


Statute.The Statute of Limitation is not unconstitutional since it applies to right of action in future. It isa 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 anaggrieved person seeking to approach the Supreme Court of India under Article 32 of theConstitution. To put curbs in the way of enforcement of Fundamental Rights throughlegislative action might well be questioned under Article 13(2) of the Constitution. It isagainst 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 ofthe Constitution. But the Courts act on the analogy of the statute of limitation and refuserelief if the delay is more than the statutory period of limitation (State of M.P. v. Bhai LalBhai, AIR 1964 SC 1006). Where the remedy in a writ petition corresponds to a remedy inan ordinary suit and latter remedy is subject to bar of a statute of limitation, the Court in itswrit jurisdiction adopts in the statute its own rule of procedure and in absence of specialcircumstances 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 othercase where the remedy only, not the right, is extinguished by limitation the Court will refuseto entertain stale claims on the ground of public policy (Tilokchand Motichand v. H.P.Munshi, AIR 1970 SC 898).

CLASSIFICATION OF PERIOD OF LIMITATIONPeriod Cases30 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 StateGovernment including the State of Jammu and Kashmir.

12 years various kinds of suits relating to immovable property, trusts andendowments.

3 years suits relating to accounts, contracts, declaratory suits, suits relatingto decrees and instruments and suits relating to movable property.

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

10 Days application for leave to appear and defend a suit under summaryprocedure from the date of service of the summons.

30 Days appeals against a sentence of death passed by a court of sessionor a High Court in the exercise of its original jurisdiction

60 Days(HC)30(other Court)

appeal against any sentence other than a sentence of death or anyother not being an order of acquittal,

60 Days(HC) Period of leave to appeal as a pauper from the date of the decree30 Days(other) Period of leave to appeal as a pauper from the date of the decree

summary notes of general law - kcc tutorials construction different entries in the different lists...

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