What is Section 17 of the Limitation Act?
Asked by: Dr. Antonina Williamson | Last update: March 10, 2026Score: 4.2/5 (38 votes)
Section 17 of India's Limitation Act, 1963 deals with the Effect of Fraud or Mistake, delaying the start of the limitation period until the plaintiff discovers or could reasonably discover the fraud or mistake, allowing legal action even if time has technically passed, but includes provisions to protect innocent third parties and allows for extensions for fraud-hindered decree execution. Its application requires showing that fraud or mistake actively prevented knowledge of the right to sue, not just its existence.
What does Section 17 of the Limitation Act apply to?
The Supreme Court recently clarified that to seek an exemption from the limitation period under Section 17 of the Limitation Act, 1963, a plaintiff must demonstrate that fraud actively prevented them from knowing their right to sue, instead of merely claiming that the sale deed was fraudulently executed.
What is Section 17 of the Limitation Act 1908?
17. (1) Where a person, who would, if he were living, have a right to institute a suit or make an application, dies before the right accrues, the period of limitation shall be computed from the time when there is a legal representative of the deceased capable of instituting or making such suit or application.
What is the primary purpose of the Limitation Act?
The Civil Suits are required to be filed within the time period (Limitation) as provided in the schedule of The Limitation Act, 1963. The purpose and object of the Limitation Act is to limit a period within which certain litigations/suits are to be filed, as law protects diligent and vigilant persons.
What is the scope of Section 17?
Section 17 (Interim Measures Ordered by Arbitral Tribunal) – This section grants the arbitral tribunal wide-ranging powers to issue interim orders it deems necessary. This can include orders for the preservation of goods, securing the amount in dispute in the arbitration, or other interim injunctions.
Section 17 of Limitation Act 1963 || Effect of Fraud or Mistake || With Examples || Go legal
What is section 17 of the law?
Section 17 of the Children Act 1989 states that it is the general duty of every local authority to safeguard and promote the welfare of children within their area who are in need; and so far as it is consistent with that duty, to promote the upbringing of such children by their families.
What is the 17 Specific Relief Act?
(1)A contract to sell or let any immovable property cannot be specifically enforced in favour of a vendor or lessor— (a)who, knowing not to have any title to the property, has contracted to sell or let the property; (b)who, though he entered into the contract believing that he had a good title to the property, cannot ...
What crimes in the US have no statute of limitations?
In the U.S., serious crimes like murder, treason, and terrorism (especially if it results in death or serious injury) generally have no statute of limitations, allowing prosecution at any time. Many states also remove time limits for severe offenses, particularly sex crimes against children, while other felonies like arson, kidnapping, and human trafficking often have extended or no time limits, depending on the jurisdiction and specific circumstances, notes this W. James Payne Law Firm blog post.
What does the limitation act cover?
The Limitation Act 1980 is a law that sets time limits on how long you have to bring a legal claim. Typically, this means you need to take action within six years from the date something goes wrong, or an issue arises.
What is the main purpose exception to the statute of limitations?
One of the most common exceptions to a statute of limitations is when a defendant left the state. If a party is not within the jurisdiction where a case will be filed, it would be unfair to require a party to still file suit against that person.
What is Section 17 of the Limitation Act 1980?
17Extinction of title to land after expiration of time limit
at the expiration of the period prescribed by this Act for any person to bring an action to recover land (including a redemption action) the title of that person to the land shall be extinguished.
How can I overcome limitations?
His journey to flourish reveals six keys to developing a stronger mindset.
- 6 Keys to a Stronger Mindset.
- Honor Your Commitments. ...
- Look for Solutions. ...
- Positive Self Talk. ...
- Set a Goal for Yourself. ...
- Find a Supportive Community. ...
- Don't Accept Other People's Limiting Judgments. ...
- Maintain Confidence and Positivity.
What is the order rule 17 of the CPC?
The amendment of pleadings is governed by Order VI Rule 17 of the CPC, which grants courts the discretion to permit amendments at any stage of the proceedings, provided they are necessary for determining the real questions in controversy.
What is excluded from the statute of limitations?
Murder, genocide, crimes against humanity, war crimes and the crime of aggression have no statute of limitations. In Germany, the crime of murder used to have a 20-year statute of limitations. In 1969, the statute of limitations for murder was extended from 20 to 30 years.
How is the limitation period calculated?
When assessing a limitation period, the default position as set out in established case law is that time starts to run on the day after the cause of action accrues. The day on which the cause of action accrues is therefore excluded from the computation of the six year period.
What is the scope of Section 17 of the Arbitration Act?
Scope of Section 17 of Arbitration and Conciliation Act, 1996. A mechanism is available for the parties to an arbitration to seek interim reliefs from the arbitral tribunal during the pendency of the arbitral proceedings by way of Section 17 of the Arbitration and Conciliation Act, 1996.
What is the 11 word phrase to stop debt collectors?
The 11-word phrase to stop debt collector calls is: "Please cease and desist all calls and contact with me, immediately," which, when sent in writing under the FDCPA (Fair Debt Collection Practices Act), legally requires collectors to stop, except to confirm they'll stop or to notify you of a lawsuit. However, it doesn't erase the debt, and collectors can still sue; so use it strategically after validating the debt to avoid missing important legal notices, say experts from JG Wentworth and Texas Debt Law.
What are the 4 criteria for negligence?
The four essential elements of a negligence claim are Duty, Breach, Causation, and Damages, meaning the defendant owed a legal duty of care to the plaintiff, failed to meet that standard (breach), that failure directly caused harm (causation), and the plaintiff suffered actual, measurable losses (damages). To win a negligence case, the injured party (plaintiff) must prove all four elements to show the other party (defendant) was legally at fault for their injuries.
Can I be chased for debt after 10 years?
Yes, you can be chased for debt after 10 years, but whether a creditor can sue you depends on your state's statute of limitations (SOL), which varies by debt type but often ranges from 3 to 10+ years, though some debts like certain taxes or judgments can last longer, and making payments or acknowledging the debt can reset the SOL clock. While collectors can still call, once the SOL expires, they can't legally sue you, but the debt doesn't disappear and can still hurt your credit or be sold to other buyers.
How long after an offence can you be prosecuted?
Under Section 127 of the Magistrates' Courts Act 1980, proceedings for a summary offence must be commenced within six months from the date of the offence. This means the police must lay information with the court within six months, but formal charging may take place slightly later.
How long until a crime is no longer punishable?
California Statute of Limitations Law
The range is usually from one year for many misdemeanors, three years for many felonies, to no time limit at all for crimes punishable by death or life in prison. If there is no statute of limitations, the prosecutor may bring charges against someone at any time.
Can you reopen a case after 20 years?
Courts are generally reluctant to reopen old cases unless there's a compelling reason, such as newly discovered evidence that could not have been found earlier with reasonable effort. Timing, legal procedures, and the specific facts of your case will all play a role in determining if the court will even consider it.
What is Section 17 of the limitation Act case law?
What is Section 17 of the Limitation Act, 1963? Section 17(1) creates a legal exception to the normal limitation periods prescribed by the Act by postponing the commencement of the limitation period in cases of fraud, mistake, or fraudulently concealed documents until discovery (actual or constructive).
Which contracts Cannot be specifically enforced?
(1)The following contracts cannot be specifically enforced, namely:— (a)a contract for the non-performance of which compensation in money is an adequate relief; (b)a contract which runs into such minute or numerous details or which is so dependent on the personal qualifications or volition of the parties, or otherwise ...
What is Section 17 of the CPC?
17 CPC provides that any court concerning any immovable property shall be filed in a court for within whose territorial jurisdiction the property or any part is situated....