from the date of acknowledgment, whichever is later. Of course, in the absence of any acknowledgment, the limitation would have expired on 27.10.2002 itself ... such acknowledgment was 12.05.2000. Therefore, there cannot be any doubt over the position that the said acknowledgment gave a fresh start of limitation
acknowledgment being
in writing. It was thus not a valid acknowledgment. Cheques
issued on 25.3.2005 and 30.4.2005 were clearly outside the
period of limitation ... after the expiry
of three years which is the period of limitation. Acknowledgment, if any, in
order to extend period of limitation is also
signed. It would be seen that in order to extend limitation,
the acknowledgment needs to be before the period prescribed for filing the suit ... Limitation Act and analyzed the limitation of a
civil liability beyond the period of three years and held that the acknowledgement,
if any, must
under the
Limitation Act .
14. The distinction between an acknowledgement under section 18 ,
Limitation Act of 1963 and a 'promise' within the meaning ... creating a fresh starting point of
limitation. But while an acknowledgement under the Limitation Act is required to
be made before the expiration
acknowledgment at best could have been on or before 29.4.1981. Any
alleged acknowledgment of 1985, cannot be an acknowledgment under
Section 18 of the Limitation ... acknowledgement most ambivalent arguments were raised,
when direct questions were put as to how acknowledgment within the period
of limitation of 3 years was given
Limitation Act, essentials of a valid acknowledgement are (i) an admission or acknowledgement; (ii) that such acknowledgement must be in respect of a liability ... which really extends the period of limitation under Section 19 of Limitation Act. In order to save the limitation, payment under Section
acknowledgement of debt, it would not help the petitioner as the said
acknowledgement of liability had not been made before expiration of
the limitation period ... limitation, the
provisions of Section 18 of the Limitation Act would
have no application and the letter cannot constitute as
an acknowledgment of the debt
treating a writing signed by the party as an
acknowledgment, the person acknowledging must be conscious of his liability and
the commitment should be made ... certificates amount to an acknowledgment. If they
amount to acknowledgment, plaintiff will be entitled to a fresh period of limitation
from date of TDS certificate
unequivocal acknowledgment of a right, then that
acknowledgment is sufficient to satisfy S.19 of the Limitation Act, 1908
(corresponding ... constitute a valid acknowledgment under Sec.18
of the Act, such acknowledgment should be made within the period of limitation
prescribed
barred by
the law of limitation.
20. Section 18 of the Limitation Act reads as follows :-
18. Effect of acknowledgment in writing.
(1)Where, before ... made against them. As seen from Section 18 of
the Limitation Act, the acknowledgment of liability must be in writing to
entitle the appellant
