Limitation Act 1963 Section 29: Savings

Limitation Act 1963 Section 29: Savings

Text of the Limitation Act 1963 Section 29: Savings

(1) Nothing in this Act shall affect section 25 of the Indian Contract Act, 1872 (9 of 1872).

(2) Where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed by the Schedule, the provisions of section 3 shall apply as if such period were the period prescribed by the Schedule and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law, the provisions contained in sections 4 to 24 (inclusive) shall apply only in so far as, and to the extent to which, they are not expressly excluded by such special or local law.

(3) Save as otherwise provided in any law for the time being in force with respect to marriage and divorce, nothing in this Act shall apply to any suit or other proceeding under any such law.

(4) Sections 25 and 26 and the definition of ‘easement’ in section 2 shall not apply to cases arising in the territories to which the Indian Easements Act, 1882 (5 of 1882), may for the time being extend.”

Limitation Act, 1963 Notes

Explanation Limitation Act 1963 Section 29

Section 29 of the Limitation Act 1963 acts like a bridge, ensuring this Act doesn’t overstep other laws. In simple terms:

(1) it leaves Section 25 of the Indian Contract Act (about agreements without consideration) alone; (2) if a special law (like tax or labor laws) or local law sets its own time limit for suits, appeals, or applications, that limit applies, and the Act’s Section 3 (barring late claims) treats it as the standard, but Sections 4-24 (like delays or disabilities) only help if the special law allows; (3) marriage and divorce cases are generally outside this Act’s scope, unless their laws say otherwise; and (4) easement rules (Sections 25, 26, and the definition) don’t apply where the Indian Easements Act governs. It keeps the Act from clashing with other legal frameworks.

Key Points Limitation Act 1963 Section 29

  • Preserves Section 25 of the Indian Contract Act, 1872.
  • Special/local laws’ limitation periods take priority over the Act’s Schedule.
  • Section 3 applies to special law periods; Sections 4-24 apply unless excluded.
  • Excludes most marriage/divorce proceedings, except where specified.
  • Blocks Sections 25, 26, and “easement” definition in Indian Easements Act areas.
Examples Limitation Act 1963 Section 29
  • Arbitration Act sets a 30-day appeal limit in 2025—Section 29 prioritizes it over the Act’s 90 days, applies Section 5 if not excluded.
  • Divorce proceeding in 2024—Section 29 keeps it under family law, not this Act’s rules.
  • Contract claim under Section 25, Indian Contract Act, in 2023—Section 29 ensures no interference.
  • Easement dispute in 2025 in an Indian Easements Act area—Section 29 bars Section 25’s 20-year rule.

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