Limitation Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1963
Section 28 of Limitation Act: Repealed
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
[Repealed by the Repealing and Amending Act, 1974 (56 of 1974), s. 2 and the First Schedule.]
Legal Commentary & Landmark Judgments: Section 28
Section 28 of the Limitation Act, 1963 was a transitional repeal provision that repealed the Indian Limitation Act, 1908, and was subsequently repealed by the Repealing and Amending Act, 1974 without affecting substantive savings.
Repeal of 1908 Act: Formally repealed the predecessor Indian Limitation Act, 1908 (Act 9 of 1908).
Transitional Operation: Operated alongside Sections 30 and 31 to govern pending litigations during the 1964 transition period.
Repeal by Act 56 of 1974: Repealed by the Repealing and Amending Act, 1974 (56 of 1974), as its spent legislative purpose was exhausted.
Preservation of Principle: Under Section 6A of the General Clauses Act, 1897, the repeal of a repealing section does not revive the original 1908 statute.
Key Landmark Precedents:
State of Punjab v. Sarwan Singh, (1981) 3 SCC 34: The Supreme Court noted that the 1963 Act completely replaced the 1908 statute, introducing modernized limitation schedules and unified procedural concepts.
Vinod Gurudas Raikar v. National Insurance Co. Ltd., (1991) 4 SCC 333: Discussed the statutory effect of repealing provisions in procedural enactments.
Courtroom Practice & Strategic Litigation Guidance:
Section 28 confirms the total extinction of the 1908 Act; all limitation questions must be adjudicated exclusively under the 1963 Act schedules without reference to old 1908 articles.
Legal Commentary & Landmark Judgments: Section 28
Section 28 of the Limitation Act, 1963 was a transitional repeal provision that repealed the Indian Limitation Act, 1908, and was subsequently repealed by the Repealing and Amending Act, 1974 without affecting substantive savings.
Section 28 confirms the total extinction of the 1908 Act; all limitation questions must be adjudicated exclusively under the 1963 Act schedules without reference to old 1908 articles.