386 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
in the course of their employment. The cases are heard by a Commissioner. The Commissioner is a special tribunal and not a Court and therefore the Limitation Act does not apply to proceedings before him.
This does not mean that the claim for compensation for injury can be prosecuted before him at any time. That would be so if the Act had made no provision for a time-limit. As the Act has presented six months as the time-limit, suits have to be brought within that period.
(5) Proceedings under Registration Act.
(1) Presentation of Documents—4 months.
(2) Appearance of Parties for admitting Documents—4 months.
3. Criminal Proceedings
Criminal Proceedings are generally instituted in the name of the Crown because they involve a breach of the King’s peace.
It is a maxim of Constitutional Law that lapse of time does not affect the right of the King.
That being so the Law of Limitation does not apply to criminal prosecutions.
Two things may be noted :
(1) There are many Acts which prescribe limits of time for institution of prosecution under those Acts. E.g. Government of India Act, Section 128 : Opium Act, Customs Act, Salt and Excise Acts and Police Act.
(2) Limitation Act, although it does not provide for any timelimits for criminal prosecutions, it does provide for appeals under the Cr. P. C.
4. Civil Proceedings
(i) With regard to suits different kinds of suits have been specified in different Articles. There is also a general residuary Article No. 120 which is made to apply to any suit for which no period of limitation is provided elsewhere in the Schedule. The Act, therefore, applies to all suits.
(ii) With regard to appeals there are two Courts to which appeals can lie in India—(i) The Court of a District Judge and (ii) The High Court. The Limitation Act specifies appeals to both these Courts and therefore, it can be said that the Law of Limitation applies to all appeals.