Prescriptive Rights Analysis

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A prescriptive right is essentially one that is created by uncontested assertion of the right for a given period of time. The principle is based in many ways on a sort of estoppel in rem.
In India, the Limitation Act, 1963 is the legislation that governs the period within which suits are to be filed, with relevant provisions for delay, condonation thereof etc. The principle that pervades statutes of limitation at common law is that ‘limitation extinguishes the remedy, but not the right' this means that the legal right itself is not defeated, but only the right to claim it in a court of law is extinguished. he Limitation Act, 1963, prescribed limitation with a view to see that a litigant does not drag on the litigation. Section 5 gives an opportunity …show more content…

(3) No suit instituted against the Government or against a public officer in respect of any act purporting to be done by such public officer in his official capacity shall be dismissed merely by reason of any error or defect in the notice referred to in sub-section (1), if in such notice
(a) The name, description and the residence of the plaintiff had been so given as to enable the appropriate authority or the public officer to identify the person serving the notice and such notice had been delivered or left at the office of the appropriate authority specified in sub-section (1), …show more content…

In order to enable the Government or the public officer to arrive at a decision it is necessary that it or he should be informed of the nature of the suit projected to be filed against it or him and the facts on which the claim is founded and the precise relief asked for.
Though the words of this section are to be strictly complied with, that does not mean that the terms of the notice should be inspected in the pedantic manner or in manner completely divorced from common sense.
Essential Requirements:
The three essential requirements of S. 80 are: first, the addressee should be identified and must have received the communication; secondly, there should be no ambiguity or vagueness about the person giving the notice, who must also be the person filing the suit and the notice must also give the details which are specified in S. 80; and, thirdly, the two months’ time allowed must expire before the suit is laid.
Once these requirements are fulfilled minor details like the wrong explanation of the person to whom the statement is addressed should not make it an inappropriate notice which does not comply with the requirements of S. 80,

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