“Delete” including the Government of Jammu & Kashmir” from Article 112 of Limitation Act: Law Commission of India

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Nasir Azam

 The Law Commission of India has recommended that the words “including the Government of Jammu & Kashmir” should be deleted from the Article 112 of the Limitation Act due to applicability of the law to Jammu & Kashmir.

In its report accessed by news agency—Kashmir News Observer (KNO), the panel has said that it is expedient to delete the words “including the Government of the State of Jammu and Kashmir” from Article 112 of the Limitation Act as the words “except the State of Jammu and Kashmir” were omitted by the Jammu and Kashmir Reorganisation Act, 2019 (34 of2019).

“Section I of the Limitation Act provides for the short title, extent and commencement. Sub section (2) of Section I of the Limitation Act was as follows: “It extends to the whole of India except, the State of Jammu and Kashmir”. The words except the State of Jammu and Kashmir” were omitted by the Jammu and Kashmir Reorganisation Act, 2019 (34 of2019). Therefore, it is expedient to delete the words “including the Government of the State of Jammu and Kashmir” from Article 112,” reads the panel’s recommendation.

The commission also said that it is of the considered view that there is no reason or justification to enlarge the period of limitation provided under Articles 64, 65,111 or I12.

Last month, the Law Commission of India submitted its report to the Government of India

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