evidence act article 58

Querist : Anonymous (Querist) 29 April 2011 This query is : Resolved
what is differenace between cause of action accrue and date of knowledge.

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Amit Pateria (Expert) 29 April 2011
Dear member,
'Cause of action' means the fact or combination of facts which gives rise to a right to sue.

cause of action arouse means the right to sue became available and the date of knowledge means the date person suing acquire/s knowledge of Cause of action.

for example X kept his belongings with Y in good faith. Y sold them. here the cause of action arouse the day alleged sale took place however X might not became aware of the sale immediately and despite having the cause may not be able to take appropriate actions (i.e. sue)unless he acquires the knowledge...

hope this helps

M.Sheik Mohammed Ali (Expert) 29 April 2011
yes i do agree Mr. Pateria

Sarvesh Kumar Sharma Advocate (Expert) 29 April 2011
sir jee,
468 cr.p.c. is also there.if the knowledge of crime is comes when the accused died,and
the cause of action arises on the time when accused is alive?
then ?

M/s. Y-not legal services (Expert) 30 April 2011
sorry sharma sir.. in indian law criminal cases will ends with the accused sir.. so if the knowledge of crime is comes when the accused died mean that case is infructuous..

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