cannot be
treated as acknowledgement under section 18 of the Limitation
Act, since the acknowledgement should be before the period of
limitation is over ... time the cheque was issued, the
debt was barred by limitation because no acknowledgement was
obtained before the expiry of 3 years from the date
cannot be treated as acknowledgement under section
18 of the Limitation Act, since the acknowledgement should be
before the period of limitation is over ... DLSW020449122021
JITENDER KUMAR KAUSHIK
the debt was barred by limitation because no acknowledgement
was obtained before the expiry of 3 years from the date
cannot be treated as acknowledgement under section
18 of the Limitation Act, since the acknowledgement should
be before the period of limitation is over ... time the cheque
was issued, the debt was barred by limitation because no
acknowledgement was obtained before the expiry of 3 years
from the date
test i.e. the
acknowledgment has to be in writing and such
acknowledgment is to be before the period of limitation is over ... written
acknowledgment to him regarding the alleged debt. Therefore,
in absence of any written acknowledgment no benefit of
Section 18 Limitation Act could be given
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
acknowledgement being in
writing. It was thus not a valid acknowledgment."
Perusal of the aforesaid legal position shows that for computing the
limitation ... test i.e. the
acknowledgment has to be in writing and such acknowledgment is to be before
the period of limitation is over
there
is documentary evidence which might amount to an
acknowledgment reviving the period of limitation such a question
can only be agitated before the Magistrate ... acknowledgement 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
which could fall within the scope of Section 18 of the Limitation Act. Acknowledgment is given before the expiry of period of limitation since time ... hand as in the case at hand there is an acknowledgment before expiry of limitation.
7. Assuming for the sake of argument that there
prescribed period of limitation and if it is made, a fresh period of
limitation starts from time of acknowledgement of liability.
21 CC.12153/2019 ... Section 18 of the Limitation Act, 1963 deals with
acknowledgement and explanation of limitation and it reads as under:
" Section 18 Effect of acknowledgment
colony, Bengaluru and the
accused for receiving the said advance amount had
acknowledged the vouchers bearing No.162 and 163 dated:-
12.09.2016 and also confirmed ... held that
the Limitation Act, 1963 - Section 18 -
Acknowledgement of debt - Limitation - Unqualified
acknowledgement of liability by a party not only
saves the period
