If any special law or local law contains a special
provisions prescribing its own limitation for any proceeding. Section 29(2) of
the Limitation Act, 1963 says that, the limitation prescribed by such Special
Act etc. shall prevail.
Example- Any decree except for mandatory instruction
can be executed within 12 years. As the A.P. Rent Control Rules prescribe
execution to be started in respect of Rent Control decrees and order before the
expiry of six months from the date of the order or decree becoming executable,
general 12 years period prescribed under the Limitations Act is inapplicable.
For presentation of the creditor’s insolvency
petition, only three months time is prescribed by the Provincial Insolvency Act
of 1920 from the date of commission of an act of insolvency with the meaning of
Section 6 of the said Insolvency Act, 1920. It is a special law and has an
overriding effect on the Limitation Act of
1963.
In Section 468 of the Criminal Procedure Code, 1973,
for certain prosecutors, certain time limitations are prescribed and only those
limitations will prevail
For criminal prosecution under Section 142(b) of the
Negotiable Instruments Act, 1881, the maximum limitation period is a month from
the date of intimation of the dishonor of the cheque. That limitation alone prevails.
Section 28 of the Hindu Marriage Act, 1955
prescribes one month’s time for appeal.
If without considering that provision, we prefer an appeal to the High Court
under a misapprehension that appeal time
is 90 days, the appeal gets time-barred.
Similarly, the Revenue Recovery Act, 1890, Land Acquisition Act 1894 etc. are
examples of some special acts that will prescribe their own limitations which
prevail over the limitation periods as prescribed generally by the Limitation
Act of 1963.
Section 30: Section 30 of the Limitation Act, 1963
clearly lays down that if any Special Act
prescribes a shorter period of limitation for taking any action under
that Special Act, the limitation for the doing so will only be that which is
prescribed by such Special Act and not the limitation period as prescribed
under the Limitation Act.
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Dr. Deepak Miglani, Email id.:- legalbuddy@gmail.com
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