Apex Law Journal
Apex Law Journal
An online law journal reporting latest and important judgments of Hon'ble Supreme Court of India.                                                                                                                         Click here to get free legal updates via email                                                                                                                          Click here to download forms (Address Form, List Of Documents and Memorandum Of Appearance)
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Jammu and Kashmir Limitation Act, 1995

Friday, September 24, 2010
Jammu and Kashmir Limitation Act, 1995

Jammu & Kashmir Limitation Act, 1995 — Articles 119 and 56 — Whether the suit filed by the respondent-Architect claiming compensation after a gap of 4 years is covered under Article 56 of the Act or whether the said suit is covered under Article 119 of the Act? — Contention of the respondent that the suit is covered by the residuary Article 119 on the ground that the nature of services provided was professional services and the remuneration for the same being termed as ‘fee’ and the same does not fall within the expression ‘price’ for ‘work done’ — Held, tenable — There is no error in the conclusion arrived at by the Trial Court and affirmed by the High Court — Consequently, the appeal fails and the same is dismissed with no orders as to costs.

 
Jammu and Kashmir Limitation Act, 1995

Jammu & Kashmir Limitation Act, 1995 — Article 56 — Term “price of work done” — Held, the term “price of work done” cannot be made applicable to professions where the professionals merely provides services for a “fee”. 

 
Jammu and Kashmir Limitation Act, 1995

Jammu & Kashmir Limitation Act, 1995 — Article 56 — Limitation Act, 1963, Article 18 — Limitation Act, 1908, Article 56 — Held, Article 56 of the Jammu & Kashmir Limitation Act, 1995, is a verbatim of Article 18 of the Indian Limitation Act, 1963 — Article 18, in turn is the same as Article 56 of the old Indian Limitation Act, 1908. 

 
Jammu and Kashmir Limitation Act, 1995

Jammu & Kashmir Limitation Act, 1995 — Article 56 — Term ‘work done’ — Held, the term ‘work done’ as appearing in Article 56 does not apply to the respondent, who is an architect providing services for a fee. 

 
Jammu and Kashmir Limitation Act, 1995

Jammu & Kashmir Limitation Act, 1995 — Article 56 — The fee charged by an Architect for services rendered by him would not be covered under Article 56 of the Act. 

 
Jammu and Kashmir Limitation Act, 1995

Jammu & Kashmir Limitation Act, 1995 — Article 56 readwith Articles 52 to 55 — Term ‘price’ — The term ‘price’ has been used in Articles 52 to 55 in  correlation to goods delivered, goods sold and delivered and trees or growing crops sold — In this way, ‘price’ would take a similar meaning when used in Article 56. 

 
Jammu and Kashmir Limitation Act, 1995

Jammu & Kashmir Limitation Act, 1995 — Article 56 — Term ‘price’ — Held, the term ‘price’, as appearing in Article 56, is to be understood in common parlance/ordinary or normal sense — It takes it colour from the meaning attached to the term ‘price’ in the Articles immediately preceding ‘Articles 52 to 55’ — ‘Price’ does not cover the services provided by the professionals such as Architect, Lawyer, Doctor etc., as professionals charge a ‘fee’ — Also, the term ‘work done’ in Article 56 will not be applicable to professionals such as Architect, Lawyer, Doctor etc. as these professionals render services to their clients — The remuneration of a professional is in the form of a ‘fee’ and therefore, it cannot be said that the professional earns a ‘price’ — In common usage, the term ‘price’ refers to goods sold — For illustration, the term ‘price’ is defined in Section 2(10) of the Sale of Goods Act, 1930 as “price” means the money consideration for a sale of goods — Sale of Goods Act, 1930, Section 2(10). 

 
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