Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether an amendment to the law of limitation can revive a claim that had already become barred before the amendment came into force.
Analysis: The applicable principle was that limitation ordinarily governs proceedings by the law in force on the date of institution, and that a later change in the law may operate retrospectively on pending or future proceedings only where the right to sue had not already become barred. The earlier Limitation Acts and the General Clauses Act were treated as embodying the rule that a later enactment does not revive a right to sue or apply that was already extinguished by limitation under the prior law. The distinction between a barred remedy and subsisting debt did not assist the appellant, because the issue was enforceability in court, not whether the debt continued to exist in some other sense.
Conclusion: The amendment could not revive the already barred claim, and the suit remained barred by limitation.