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IMPORTANT LIMITATION PERIODS

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Limitation Act, 1963

ProceedingLimitation Period
Regular Civil Appeal (District Court)30 days
First Appeal (High Court)90 days
Second Appeal (High Court)90 days
Appeal from Order (High Court)60 days
Civil Revision90 days
Civil Appeal to Supreme Court60 days
Recovery of Money3 years
Breach of Contract3 years
Specific Performance of Contract3 years
Possession of Immovable Property12 years
Execution of Decree12 years
Written Statement (Order VIII Rule 1 CPC)30 days (extendable up to 90 days)
Consumer Complaint2 years
Motor Accident Claim (MV Act)No strict limitation (reasonable delay principle)
Appeal against Conviction (Sessions Court)30 days
Appeal against Conviction (High Court)60 days
Government Appeal against Acquittal6 months
Legal Notice under Section 138 NI ActWithin 30 days from dishonour memo
Filing Complaint under Section 138 NI ActWithin 30 days after expiry of 15 days notice period

Important Note:

Under Section 5 of the Limitation Act, 1963, courts may condone delay if sufficient cause is shown (except in certain cases like execution proceedings).

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BNSS Section 107

Procedures for the attachment, forfeiture, or restoration of property associated with criminal activities.

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Section 107 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, addresses the procedures for the attachment, forfeiture, or restoration of property associated with criminal activities. Key aspects include:

  • Application for Attachment: Investigating police officers who believe that certain property is derived from criminal activities can apply to the relevant court or magistrate for its attachment, with prior approval from a Superintendent or Commissioner of Police.
  • Show-Cause Notice: If the court or magistrate finds reasonable grounds to consider the property as proceeds of crime, they may issue a notice to the concerned individual, requiring them to justify within 14 days why the property should not be attached.
  • Attachment Order: After reviewing the individual’s explanation and providing an opportunity for a hearing, the court or magistrate may order the attachment of properties identified as proceeds of crime. If the individual fails to respond within the specified period, an ex parte order may be issued.
  • Interim Attachment: In situations where issuing a notice might undermine the attachment’s purpose, the court or magistrate can order an interim ex parte attachment or seizure of the property, effective until a final decision is made.
  • Distribution of Proceeds: Upon confirming that the attached or seized properties are proceeds of crime, the court or magistrate directs the District Magistrate to distribute these assets proportionally among the affected individuals. This distribution should occur within 60 days, either by the District Magistrate or an authorized subordinate.
  • Forfeiture to Government: If there are no identifiable claimants or if surplus proceeds remain after satisfying all claims, such proceeds are forfeited to the government.

This section aims to ensure that properties obtained through criminal means are effectively seized and redistributed to victims, with any unclaimed assets reverting to the state.

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