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Section 64: General rule of limitation

Santhal Parganas Tenancy (Supplementary Provisions) Act, 1949State Act of Bihar · Act 14 of 1949

all applications made under this Act, for which no period of limitation is provided elsewhere in this Act, shall be made within one year from the date of the accruing of the cause of action :

Provided that there shall be no period of limitation for an application under Section 42.

COMMENTS Section 64- The Santhal Parganas Tenancy Act, 1949 is a complete Code in itself. In matters arising out of an order passed under the 1949 Act where the Act is silent. No Authority is competent to exercise power or jurisdiction to pass any order whatsoever. Even the Board of Revenue is not competent to exercise its jurisdiction in terms of Rules of Board’s Miscellaneous Rules, where finality has been given to any order by the Act. [Butani dusadh v. State of Bihar, 1988 PLJR (NOC) 50].

Section 64- where statute creates a right and also privides the remedy and forum for enforcement of that right, it is that remedy alone which can be availed of. [Suryabansh Upadhyay v. Awadhesh Choudhary, 1992 (2) PLJR 173].

Where this provision sits

ActSanthal Parganas Tenancy (Supplementary Provisions) Act, 1949
Section64
Marginal noteGeneral rule of limitation
JurisdictionState of Bihar
StatusIn force as published by the source

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