As a law firm, we find it imperative to discuss the legal provision entailed in Section 12 of The Limitation Act, 1963. This section is an integral component of Indian law that provides non-resident Indians (NRI) with equitable access to justice and remedies for any wrongs committed against them.
Section 12 highlights the possibility that during any legal proceedings, if an NRI is absent from India at any point in time, then that period will be excluded while determining the period within which such action may be taken. Simply put, this means that any delay incurred due to an NRI’s absence from India will not affect their right to seek remedies in court.
This provision gives relief to NRIs who reside abroad but seek redress for grievances or disputes faced by them or their family members who live in India. It ensures that they do not face undue hardship because of jurisdictional barriers or impediments outside their control.
Furthermore, there are several judgments pronounced by different courts around the country addressing this matter. In Mayur Construction Vs State Bank Of India & Ors., where the Gujarat High Court held that “the bar operating under Section 14 [limitation] comes into operation only when there is no sufficient cause shown by plaintiff either for his failure to bring suit earlier or for explaining inadequacy of lesser forum” emphasizing on showing enough cause before seeking exclusion under section 12.
Another case on similar lines was decided by Madras High Court in S Aravind Kumar v Sulochana Devi And Ors where it held; “even after excluding certain periods under Section 12(2), the application filed without including those days would not offend provisions contained therein.”
In Sumangala Bhattacharya v Laxmi Ratan Cotton Mills Co Ltd.; AIR 1958 Calcutta HC stated; “exclusion applies only so long as litigation remained stayed due to absence” highlighting the importance of “reason for absence” while seeking exclusion under Section 12.
It is crucial to note that the Indian legislature has introduced these provisions keeping in mind the large number of NRIs who have migrated abroad due to various reasons. They should not be denied access to legal remedies because of their inability to appear in court physically. Therefore, using these provisions would ensure justice and provide a level playing field for all persons no matter where they reside.
In conclusion, Section 12-Exclusion of time in legal proceedings for non-resident Indians, plays a significant role in ensuring justice reaches everyone despite their physical presence. The provision highlights how important it is that individuals can seek legal redressal irrespective of the place they live or work. It also signifies India’s efforts towards providing an equitable judicial system that incorporates diverse communities with different circumstances into its framework effectively.