CiteTEXT
...consideration is as to whether the suit was within limitation? Learned counsel for the plaintiffappellant referred the provisions of Section 22, 23 and Article 55 of the Limitation Act, 1963...which are reproduced as under:—Section 22. Continuing breaches and torts.-In the case of a continuing breach of contract or in the case of a continuing tort, a fresh period of....7. According to learned counsel for the plaintiff-appellant it was a case of continuing breach of contract as the defendant did not make supply of the remaining pumps. It was also...
..., the appellant has submitted that since the cause of action is founded on a continuing wrong, the complaint is within limitation.13. Section 22 of the Limitation Act, 1963...provides for the computation of limitation in the case of a continuing breach of contract or tort. It provides that in case of a continuing breach of contract, a fresh period of limitation begins to...
...Limitation Act, 1963.33. Section 22 ...‘continuing breach of contract’. The criterion for application of Section 22 is not whether the right or its corresponding obligation is a continuing one, but whether the wrong is a continuing one...compensation for breach of contract. We note that from a conjunctive reading of Section 22 and Article 55 we get guidance that the Limitation Act draws a distinction between...
...action bar of Order 2, Rule 2, sub-rule (3) cannot be invoked. In this connection it is profitable to have a look at Section 22 of the Limitation Act, 1963. It lays down that “in the case of a continuing...breach of contract or in the case of a continuing tort, a fresh period of limitation begins to run at every moment of the time during which the breach or the tort, as the case may be, continues”. As...
...Section 22 of the Limitation Act of 1963 in case of a continuing breach of contract or in case of a continuing to...continuing breach of contract or tort. Section 22 of the Limitation Act provides that in case of ...case of successive or continuing breach.
The present suit is not for damages but for injunction. Section 22 does not apply to successive wrongs. Where there are successive...
...a continuing breach. He has, however, relied on section 29(2) of the Indian Limitation Act (Act IX of 1908 and after its amendment by the...Indian Limitation Act No. X of 1922) and has urged that section 23 o...the Limitation Act is not applicable to a suit of this nature for which a period of six months' limitation has been fixed under section 192(3) of the District Boards Act...
....17. At this stage it would be apposite to refer to and rely upon Section 22 of the Limitation Act, 1963, which reads as follows:“22. Continuing...or tort, as the case may be, continues.”18. This Court had the occasion to deal with Section 22 of the Limitation Act, 1963 in...provisions of Section 22 of the Limitation Act, 1963, would apply. Therefore, in our considered opinion the plea that the suit is barred by limitation has no merit at all.19...
...present is a case of continuing breach and so as per section 22 of the Limitation Act a fresh period of limitatio...section 22 of the Limitation Act, in the case of a continuing breach of contract or in the case of the continuing...between the parties and it is in these circumstances that ultimately a suit was filed on 1.6.1979 Section 22 and Article 55 of the Limitation Act read as under...
...Section 22 of the Limitation Act, which provides for limitation in the case of a continuing cause of action.3...of action accruing to the Respondent is a continuing cause of action. Section 22 of the Limitation Act provides for a...1984, is beyond time, having regard to Article 113 of the Schedule to the Limitation Act, 1963.5. Order VIII Rule 6-A of the Code of Civil Procedure permits a...
...Section 22 of the Limitation Act was applicable in the instant case which provides that in the case of continuing ...and as such the provisions of the new Limitation Act, 1963 would apply to the instant case. The relevant Article is Article 80. Article 80 reads as follows...
...decree was dismissed.
4] Section 22 of the Limitation Act, 1963 runs as under:
22. Continuing breaches and torts.— In the...case of a continuing breach of contract or in the case of a continuing tort, a fresh period of limitation begins to run at every moment of the time.... Even if Article 113 of the Limitation Act is considered, the right to sue continues to accrue the plaintiff. The suit filed on 21.03.1992, cannot be said to be barred by the law of limitation. The...
...continuing breach. He has, however, relied on Section 29(2) of the Indian Limitation Act Act (Act IX of 1908, after its amendment by the...Indian Limitation Act No. X of 1922) and has urged that Section 23 o...the Limitation Act is not applicable to a suit of this nature for which a period of six months' limitation has been fixed under Section 192(3) of the District Boards, Act.—2. Section...
...was passed. To counter this plea, mr. Ghosh contended that as the termination of service under section 22 of the limitation act this is a continuing cause of action and therefore not barred. In our...from the date of dismissal. In 1908 act this was a residuary article under section 120 of the limitation act, in our opinion this is not a recurring cause of action and the cause of action arose...unconstitutional and the plaintiff has not been reinstated, this is a continuing breach of contract and in the case of a continuing wrong independent of contract, a fresh period of limitation begins to...
...the provisions of section 22 of the Limitation Act. The Revisional Court held that because of the...provisions of section 22 of the Limitation Act, the application filed on 17-7-1984 is within limitation.4. The only...contention urged on behalf of the petitioners relying on the provisions of section 22 of the Limitation Act which reads...
...is no question for applying the provisions of Section 22 of the Limitation Act as there is no continuous action on the part of the petitioner which could be said
Page 1 of 3...erred in rejecting the application preferred by the petitioner by applying the provisions of Section 22 of the Limitation Act.
3. The Court, having heard learned...Judge has observed in the impugned order that if Section 22 of the Limitation Act applies, the suit against the alleged unauthorized construction by the petitioner on the street could not be said to be...
..., relied on by the defendant, has not considered Section 22 of Limitation Act which redeems the limitation in respect...Section 22 of the Limitation Act on Article 58. Therefore, it is contended that the said decision is rendered sub silentio on Section 22, as application of ...Section 22, old Section 23 of the limitation Act 1908. And that both the Sections, namely, Section ...
...same cause of action in view of the provisions contained in Section 22 of the Limitation Act, 1963, since the breach is a continuing one.
18. Perhaps, this...
extract Section 22 of the Limitation Act, 1963.
"Section 22- Continuing breaches and tort..., in a case where the right to file the suit accrued to the party, then he cannot fall back on Section 22 of the Limitation Act and contend that even after 3 years his suit is maintainable. Accepting...
...Appeal (AT) (Insolvency) No. 1379 of 2019 present Section 22 relating to Continuing breaches & torts in the Limitation Act 1963. Section 23 of Limitation Act 1908 read as under...within period of three years as prescribed under Article 137 of Limitation Act 1963? 6. The Learned Counsel stated that after...Section 18 of Limitation Act. One ground was raised in that matter to save limitation by relying on Balance-sheet. This is not the ground before us and we are not entering into that aspect. This Tribunal...
...22 of the Indian Limitation Act, which deals with the continuing breaches and torts. According to this Section in the case of a continuing breach of contract or in the case of a continuing tort, a...23 of Limitation Act and not by Article 113 of the New Limitation Act, 1963, corresponding to Article 120 of the Old Limitation Act, 1908. He has asserted that the...cause of action on 2.1.1973, the date of giving of initial threat by the respondents and to be governed by the provisions of Article 113 of the New Limitation Act of 1963. In...
...committed. This would be clear, learned counsel further submits, from section 22 of the Limitation Act, 1963...Limitation Act 1980 is almost in pari matria to Section 22 of the Limitation Act 1963, which stands in the st...in following terms: Section 22. Continuing breaches and torts.-In case of a continuing breach of contract or in the case of a continuing tort, a fresh period of limitation begins to run at every...