Vigilantibus Non Dormientibus Jura Subveniunt

The law will assist only those who are vigilant about their rights and not those who sleep over them. The importance of legal maxims as guiding principles can hardly be underestimated.

The principle forming the basis of Section 10(1) of The General Clauses Act, 1897 also finds a place in Section 4 of The Limitation Act, 1963. Though the words ‘prescribed period’ are not defined in Section 2 of The Limitation Act, 1963, the expression is used throughout, only to denote the period of limitation. The expression ‘prescribed period’ appearing in Section 4 cannot be construed to mean anything other than the period of limitation. Any period beyond the ‘prescribed period’, during which the Court or Tribunal has the discretion to allow a person to institute the proceedings, cannot be taken to be ‘prescribed period’.”

Hon’ble Justice V. Ramasubramanian, Sagufa Ahmed v. Upper Assam Plywood Products Ltd., [Civil Appeal No. 3007-3008 of 2020].