1.This shall be my last post on this subject.
2.I admire the ability of my good friend JC to so adroitly shift attention from
"LIMITATION" to "OBITER" /"RATIO"
3 Merely to keep the record straight LIMITATION refers to a doctrine in law
,colloquially called Doctrine of Quiet Repose which in the realisation that
human affairs should go on peacefully by not being saddled with controversial
issues/quarrels of the past ,lays down specific periods after which an action
cannot be commenced and sustained in the Courts of Law to enforce any
rights,obligations or interests. It is a pragmatic doctrine which helps Life to
move on unhindered by past animosities, through raising a procedural barrier
against wallowing in the dirt and mire of the past. Limitation denudes a person
of enforcing a perceived right.
4 Different periods are prescribed for different actions. There are exceptions
to this doctrine, and which exceptions are a matter of Public Policy decided by
the Legislatures in a democratic polity.
5."OBITER" refers to observations made by a Court of Record whilst deciding a
case before it. ' "OBITER" would not bind a Court of concurrent jurisdiction.
ie observations made a Division Bench would not bind another Division Bench
of the same Court.
6. However "OBITER" of the Supreme Court of India on a specific subject would
bind, in the hierarchy of Courts in India, (the High Courts in India being
subordinate to the Supreme Court of India) the lower Courts when deciding
another specific issue on the same subject,content and context.It is a binding
guideline to the Lower Courts, not an idle expression of whim or personal
fancy.
7.It can be readily discerned that "LIMITATION" and "OBITER" operate in
different fields. LIMITATION merely by the sheer efflux of time extinguishes
the remedy. "OBITER" operates in the field when an action is validy instituted
when not extinguished at the very outset by "LIMITATION"
Regards,
Gerry
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