Application of law of limitation when fundamental rights is infringed
Querist :
Anonymous
(Querist) 05 September 2011
This query is : Resolved
I was told that the HOn. Supreme Court of India has ruled that when substantial and major issues are in a case, the limitation law may be ignored. Can you help me in this issue? Actually I have a case where my fundamental right is infringed but 3 years have elapsed though i have represented my employer (PSE) they have not replied. I have filed case in CAT.
Chanchal Nag Chowdhury
(Expert) 05 September 2011
Limitation Act applies. In a case of continuing violation, the time does not run. Remember the adage--Delay defeats equity.
prabhakar singh
(Expert) 05 September 2011
Expert : Chanchal Nag Chowdhury has a right explanation with regard to limitation. you may try for.
Guest
(Expert) 05 September 2011
laches on the part of the litigant.
vigilantibus et non dormientibus jura subveniunt is applied here.
Kiran Kumar
(Expert) 05 September 2011
limitation law invites strict interpretation, in exceptional case one can find condonation of delay by the courts.
if there is delay in filing matter before CAT then you will have to explain the delay first, rather it has to be explained in the petition itself....the format for CAT petitions requires this.
Raj Kumar Makkad
(Expert) 06 September 2011
I do agree with experts.
girish shringi
(Expert) 09 September 2011
I do agree with the experts.
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