Limitation Act 1963 Section 1: Short title, extent and commencement
Section 1: Short title, extent and commencement
Text of the Section:1. (1) This Act may be called the Limitation Act, 1963. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.”
Explanation: Section 1 is the starting point of the Limitation Act, 1963, giving it a name, defining its reach, and setting its launch date. Officially titled “The Limitation Act, 1963,” it was enacted on October 5, 1963, and came into force on January 1, 1964, as notified by the Central Government. Initially, it applied across India except Jammu & Kashmir due to its special status, but post the J&K Reorganisation Act of August 5, 2019, it now covers the entire country. Think of this section as the Act’s birth certificate—it tells you what it is, where it applies, and when it began ticking.
Key Points:
- Names the Act: “The Limitation Act, 1963.”
- Act No. 36 of 1963: Official legislative identity.
- Covers all of India (post-2019, including J&K).
- Concurrent List: Shared central-state power (Entry 13)
- Nature of limitation act is lex fori
- Procedural Law
- Effect of Limitation act is Retrospective
- Limitation act is exhaustive in nature
- Effective from January 1, 1964, by government notification.
Examples:
- A lawsuit filed in Delhi in 1965 falls under this Act because it was active by then.
- A case in Srinagar in 2020 is governed by this Act, thanks to the 2019 extension.
Case Law:
- Union of India v. Jammu & Kashmir (2020): Supreme Court affirmed that post-August 5, 2019, the Limitation Act fully applies to J&K, aligning it with India’s legal framework.
- State of Punjab v. Surjit Singh (1996): Clarified that the Act’s commencement on January 1, 1964, governs all subsequent legal actions unless specified otherwise.
Visual Aid:
Timeline:
- Oct 5, 1963 (Enacted) → Jan 1, 1964 (Commenced) → Aug 5, 2019 (Extended to J&K).
Pro Tip: Check the date of your legal action—anything before January 1, 1964, falls under the old 1908 Act!