Limitation Act, 1908 – Time Frame for Legal Actions in Bangladesh
The Limitation Act, 1908 is a key legal statute in Bangladesh that defines the time limit within which legal proceedings must be initiated. It protects parties from indefinite legal threats and ensures timely justice. This Act applies to both civil and criminal matters, unless specifically excluded.
Purpose of the Limitation Act
- To prevent undue delay in litigation
- To encourage timely legal action
- To bring certainty and finality to legal claims
Scope and Applicability
This Act is applicable throughout Bangladesh and governs the time limitation for:
- Civil suits
- Appeals
- Applications
Key Features of the Limitation Act
- Fixed Time Limits: Specific periods are prescribed for different kinds of suits, ranging from 30 days to 12 years.
- Time Starts: Limitation time generally starts from the date when the cause of action arises.
- Condonation: Courts may condone delays under special circumstances under Section 5 of the Act.
Common Time Limits Under the Act
| Type of Legal Matter | Time Limit |
|---|---|
| Recovery of immovable property | 12 years |
| Money recovery on written contract | 3 years |
| Appeal in High Court | 90 days |
| Appeal in Civil Court | 30 days |
| Execution of decree | 3 years |
Section 5 – Extension of Limitation Period
This section gives courts discretion to admit applications and appeals even after the expiry of the limitation period if there’s sufficient cause for delay.
Exclusions from Computation
- Time spent in obtaining a copy of the decree or order
- Time during which the defendant was out of jurisdiction
- Time spent under legal disability (minor, unsound mind)
Impact on Banking and Financial Institutions
- Limits the time within which banks can sue for recovery of dues
- Ensures better portfolio monitoring
- Protects customers and institutions from old, dormant claims
Importance for Legal Professionals and General Public
Understanding the Limitation Act is crucial for lawyers, civil servants, bankers, and the general public to ensure timely legal action and avoid dismissal of valid claims due to delays.
Conclusion
The Limitation Act, 1908 is a cornerstone of legal certainty in Bangladesh. It encourages prompt action and fair adjudication by imposing reasonable deadlines for legal redress.
