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An Agreement By A Debtor Not To Raise The Plea Of Limitation Is

By 2021-09-11 No Comments

3. The right of limitation limits only judicial remedies and not extrajudicial remedies, while a right extinguished under the rules may not be applied by a judicial or extrajudicial method. B) The nature and time limit within which the appeal must be brought in relation to a contract and is subject to the law of the country in which the appeal is lodged. The mere fact that legal action against foreign contracts is not prescribed by foreign law will therefore not allow the applicant to take legal action against the claim prescribed in that country, since the person making a complaint in that country should, in procedural matters, take the right he finds there. Even if an appeal in a foreign country has been dismissed (not erased) due to the statute of limitations, in that country can be used in India`s Limitation Act. 1, a new appeal must be brought. For the purpose of calculating the limitation period for appeals or applications for the enforcement of a decree the institution or enforcement of which has been established by interlocutory or order, the date of continuation of the injunction or order, the date on which it was issued or pronounced and the date on which it was revoked shall be excluded. 4. Tolerance shall be based on the knowledge and conduct of the party concerned, but not in the case of a prescription. If an agreement is reached to counter the intention of the legislature, such an agreement would nullify the provisions of a law and would therefore be illegal. 2. They may not apply to any of the cases where the limitation period is extended by more than three years from the cessation of the disability or.dem death of a person. A promises to pay B Rs 500/- if he publishes an article defamatory in his character against C, which would reduce his reputation.

B publishes the same thing. A refuses to pay Rs 500 / – B would not be able to obtain a claim for recovery of the amount brought by B, given that the agreement between A and B is expected to result in a violation of the person of C. “In calculating the limitation period of each appeal, it is excluded that the defendant is absent in India and in territories outside India under the administration of the central government.” In AIR 1961 Mad. In 199, it was established that “if it is necessary to determine whether or not legal action is expedient, the interval between the date on which the plea was filed and the date on which the appeal was filed should be calculated first. The period during which the defendant was absent in India must be deducted from that interval, in accordance with Section 15(5) of the Act. If the resulting period does not exceed the time limit indicated in column 3 of the calendar of the Act, the remedy would be appropriate. `The Section provides that, where the prescribed period expires on a day on which the Court is closed, the application may be lodged on the day on which the Court is reopened; Therefore, there is nothing in the section that changes the length of the prescribed period.┬áIt follows that the recognition made on the day of the reopening of the Court cannot be regarded as `before the expiry of the prescribed period` and that it does not provide for a new limitation period under Article 18 of the Law. Similarly, an agreement to exempt a person from the consequences of an unlawful act would also be conclusive.

Thus, even in the event of default, a loan intended to pay the exorbitant interest and the amount of the principal is suddenly canceled, because it leads to a violation of the person. An agreement between certain people to acquire shares in the company and, through fraud and deception, to induce others to believe, against the fact that there is a bonafide market for shares, is absurd. If the purchase of shares in a company is pursued with malafide intent by secretly appealing to a public financial institution, such an agreement or transaction would be contrary to public policy and illegal. . . .

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