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Tarun Prasad Chatterjee Vs. Dinanath Sharma

Court : Supreme Court of India

Reported in : 2000(6)ALT15(SC); 2000(3)BLJR2415; 2000(6)SCALE729; (2000)8SCC649; [2000]Supp3SCR634; 2001(1)LC345(SC)

..... it was observed in para 20 at page 879 as under:it is to be noted however that even though the indian limitation act, 1963 does not apply to an election petition, provisions like section 9 and 10 of the general clauses act, 1897 providing for computation of time which are in part materia with section 12(1) and 4 of the limitation act would apply to such a petition.9. ..... section 9 of the general clauses act, 1897 gives statutory recognition to the well-established principle applicable to the construction of statutes that ordinarily in computing the period of time preserved, the rule observed is to exclude the first and include the last day.12. ..... however, in a line of decisions it has also been held that the provisions contained in general clauses act, 1897 are applicable in computing the period of limitation for filing election petition under the r.p. ..... section 9 says that in any central act or regulation made after the commencement of the general clauses act, 1897, it shall be sufficient for the purpose of excluding the first in a series of days or any other period of time, to use the word 'from', and, for the purpose of including the last in a series of days or any period of time, to use the word 'to'. ..... the respondent contended that in view of section 9 of the general clauses act, 1897, the election petition was filed in time. .....

K. Venkateswara Rao and anr. Vs. Bekkam Narasimha Reddi and ors.

Court : Supreme Court of India

Reported in : AIR1969SC872; [1969]1SCR679

..... it is to be noted however that even though the indian limitation act, 1963 does not apply to an election petition provisions like sections 9 and 10 of the general clauses act, 1897 providing for computation of time which are in primavera with sections 12(1) and 4 of the limitation act would apply to such a petition.21. ..... 'even on the narrowest construction of the words 'different from those pre- scribed therefore in the first schedule* occurring in the opening part of section 29(2), the exclusion of time provided for by article 12 of the limitation act would be permissible in computing the period of limitation for filing the appeal to the high court........ ..... high court had proceeded on the basis that section 29(2) applied to the case of appeals under section 116-a of the act and on that basis had held that the appeal was within time if it was computed after making the deductions permitted by section 12 of the limitation act. ..... khubchand baghel, : [1964]6scr129 the main question before this court was whether for the purpose of computing the period of 30 days prescribed under section 116-a(3) of the act, the provisions of section 12 of the limitation act could be invoked. ..... the provision for appeal in section 116-a was introduced in the act for the first time in 1956 providing for an appeal from every order of the tribunal under section 98 or section 99 to the high court of the state in which the tribunal was situate. .....

Smt. D.K. Tharadevi Siddhartha Vs. Dr. Vijaya Mallya and ors.

Court : Karnataka

Reported in : AIR2004Kant177; ILR2004KAR277

..... , the reopening day which the petitioner was entitled to file to save limitation having regard to section 10 of the general clauses act, 1897 which reads:section 10: computation of time:-1. ..... in view of the prohibition in the notification for filing election petitions during summer vacation, the election petitioner was entitled to take the aid of section 10 of the general clauses act and the election petition filed on the re-opening day on 27.5.2002, should be held as filed within time. ..... , on 27.5.2002, hence, having regard to the notification and section 10 of general clauses act, the election petition filed on 27.5.2002, should be held in time. ..... , : air1999sc3101 that the election petitioner is not entitled to the benefit of section 10 of the general clauses act in the facts of this case. ..... hence, section 10 of the general clauses act did not come to his rescue'. ..... under the circumstances, the petitioner was not entitled to take the aid of section 10 of the general clauses act.43. ..... of the representation of peoples act, 1951 reads as under:section 100(1): subject to the provisions of sub-section(2), if the high court is of the opinion (a) that on the date of his election, returned candidate was not qualified or was disqualified to be chosen to fill the seat under the constitution or this act or the government of union territories act 1963 (20 of 1963)(b) xxx(c) xxx(d) xxx the high court shall declare the election of the returned candidate to be void.relevant clause of article 102 of the .....

Ajit Prasad Narayan Singh Vs. Smt. Nandini Satpathy

Court : Orissa

Reported in : AIR1975Ori184

..... say that sections 9 and 10 of the general clauses act, 1897, providing for computation of time which are in pari materia with sections 12 (1) and (4) of the limitation act would apply ..... under section 9 of the general clauses act, 1897, which has been held to be applicable in computation of the period of ..... rule 4 of the high court rules provides that:-- 'every election petition accompained by copies as prescribed under section 81(3) of the act shall be presented under section 81 of the representation of the people act, 1951 (hereinafter referred to as the act), either in person or by an advocate duly authorised by the parties concerned, to the registrar or in his absence to the deputy registrar, additional deputy registrar or the assistant registrar ..... in view of my findings recorded above, there has been non-compliance of some of the requirements of section 81 of the act and, as such, the election petition is not in accordance with law, is liable to be dismissed for non-compliance of section 81 of the act and is not maintainable on those grounds as well as on the ground that the petitioner has failed ..... , to review the law as laid down by the supreme court from time to time regarding the effect of such non-compliance and its consequences which is penal in nature, as provided in section 86(1) of the act. 5. ..... determined with reference to facts at the time of presentation of the election petition and, therefore, subsequent tampering, even if true, would not attract section 86(1) of the act. .....

Smt. Lalitha, Bangalore Vs. Bruhat Bangalore Mahanagara Palike Rep by ...

Court : Karnataka

..... it is relevant to note the provisions of sections 10 of general clauses act, 1897 at this stage:- computation of time:- (where, by any (central act) or regulation made after the commencement of this act, any act or proceeding is directed or allowed to be done or taken in any court or office on a certain day or within a prescribed period, then, if the court or office is closed on that day or the last day of the prescribed period, the act or proceedings shall be considered as done or taken in due time if it is done or taken on the next day afterwards on which the court or office is open: provided ..... the city civil court was closed during summer vacation, except for urgent matters, the election petition, if filed on the re-opening day would be deemed to have been filed within the period of limitation, in view of section 10 of general clauses act, 1897. 5. ..... it is the underlying principle of this legal maxim which suggests the informed decision on this point, leading to only conclusion that section 10 of the general clauses act applies in the computation of the limitation prescribed the sub-section (1) of section 81 of the r.p. ..... it is further argued that the court below is not justified in taking into account section 10 of general clauses act to conclude that the election petition cannot be filed during summer vacation before the court below and therefore the election petition filed on the re-opening day after summer vacation is within the period of limitation. 3. .....

Kunnarath Yesoda Vs. Manathanath Narayanan

Court : Kerala

Reported in : AIR1985Ker220

..... the computation of time under section 10 of the general clauses act, 1897 when the court or office is closed also extends the time beyond 30 days. ..... according to the respondent's counsel it is for this reason that section 29(3) of the limitation act, 1963 provides that the provisions in that act shall not apply to any suit or other proceeding under any law for the time being in force with respect to marriage and divorce.the learned counsel for the respondent in that connection raises the question of the correctness of the decision of our learned brother balagangadharan nair, j. ..... our attention was also drawn to section 363(1) of the criminal procedure code under which : --'when the accused is sentenced to imprisonment, a copy of the judgment shall, immediately after the pronouncement of the judgment, be given to him free of cost'.section 15 of the hindu marriage act only enables the applicant to obtain a copy free of cost; but does not statutorily prescribe the time during which the copy has to be delivered. ..... he contends that the limitation act does not apply in view of section 29(3) of the limitation act and adds that if the time for filing an appeal has expired without any appeal having been presented, it was lawful for the husband to marry again and if the statute permits him to marry under these circumstances, it could not be a date .....

Sanjay Malviya Vs. R.K. Rawal Ceo Enforcement Directorate

Court : Delhi

..... . reference is made to section 10 of general clauses act, 1897 in respect to computation of time for complying with opportunity notice dated 17th may, ..... the petitioner, the respondent in a hast manner filed a criminal complaint no.880/1 dated 27th may, 2002 under section 56 of the fera read with section 49 (3) & (4) of the fema before the court of acmm as initiation of prosecution under fera was going to lapse on 31st may, 2002 due to the sun set clause incorporated in fema for violation of section 16(1)(b), 4, 7, 29(1)(a) read with section 64(2) & 68 of the fera against the petitioner being one of the director of company namely m/s. ..... the summoning order dated 27th may, 2002 passed by the additional chief metropolitan magistrate under section 56 of foreign exchange regulation act, 1973 (fera) read with section 49 (3) and (4) of foreign exchange management act, 1999 (fema) in view of judgment dated 21st april, 2009 passed by this court ..... any offence punishable under section 56 or section 57, except upon complaint in writing made by -------(a) the directorate of enforcement; or (b) any officer authorized in writing in this behalf by the director of enforcement or the central government; or (c) any officer of the reserve bank authorized by reserve bank by a general or special order: provided that where any such offence is the contravention of any of the provisions of this act or of any rule , direction or order made thereunder which prohibits the doing of an act without permission , .....

N.rajendran Vs. S.valli

Court : Supreme Court of India

..... the computation of time under section 10 of the general clauses act, 1897 when the court or office is closed also extends the time beyond 30 days. ..... it is therefore clear that to an appeal under section 28 of the hindu marriage act, provisions contained in section 12 sub-section (2) will be applicable, therefore the time required for obtaining copies of the judgment will have to be excluded for computing the period of limitation for appeal. ..... equally, as the appellant failed in persuading us to hold that the appeal was not filed within the period stipulated in section 19 of the family courts act or that the appeal was not presented during the period of section 15 within time, the second marriage which is relied upon by the appellant clearly took place in 32 contravention of mandate of section 15 of the hindu marriage act and we have no hesitation in holding that the high court was entirely right in its findings.28. ..... if the appellant is justified in contending that the court could not have allowed the respondent to seek shelter under section 12 of the limitation act, the appeal would be beyond time and the 2nd marriage contracted by the appellant would be entirely lawful.11. ..... equally we must notice, section 20 of the family courts act, which reads as under: the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this act.14. .....

Ramsons Southend Vs. Division Manager, New India Assurance Co. Ltd. an ...

Court : Delhi

Reported in : 1998IAD(Delhi)484; 71(1998)DLT842; 1998(44)DRJ677

..... in this regard, we must refer to section 27 of the general clauses act, 1897 also. ..... in this regard the submission of the appellant is that section 9 of the general clauses act give effect to the principle that in reckoning the period, the 'terminus ad quo' ..... in case we apply section 9 of the general clauses act, then 19th january, 1984 being terminus ad quo has to be excluded ..... according to section 25 of the general clauses act 'month' shall mean a month reckoned according to the british ..... that a letter sent on 19.1.198 itself would be delivered on the same day, specially when there is no evidence in the shape of receipt of registration of the letter and its posting on 19.1.1984 itself, leaving aside other requirements of section 27 of the general clauses act. ..... commencement and termination of time - (1) in any [central act] or regulation made after the commencement of this act, it shall be sufficient, for the purpose of excluding the first in a series of days or any other period of time, to use of including the last in a series of days or any other period of time, to use the word 'or' (2) this section applies also to all [central acts] made after the third day of january, 1868, and to all regulations made on or after the fourteenth day of january, 1887 ..... if the period of 360 days is computed with effect from 19th january, 1984, it would expire on 13th january, 1985 and even if the period of 12 months was treated equivalent to 365 days (one year) even then the period would expire on .....

Sasi D. Vs. R.S. Devadas

Court : Kerala

Reported in : AIR2009Ker9; 2008(3)KLJ92

..... regulations made on or after the fourteenth day of january, 1887.therefore when the act 1963 provides that the time would start to run from the date on which the decree becomes enforceable, section 9 of the general clauses act provides that it shall be sufficient for the purpose of excluding the first series of days or any other period of time in any central act or regulation made after the commencement of the general clauses act, 1897 to use the word 'from' and for the purpose of excluding as the ..... : 1999crilj1822 applied sub-section (1) of section 12 of the act and section 9 of the general clauses act while computing the period for filing a complaint under section 138 of negotiable instruments act and held:7. ..... while computing the period of limitation for execution of the decree as provided under article 136 of the act, the date on which the decree was passed has to be excluded, in view of section 9 of general clauses act and sub-section (1) of section 12 of the act. ..... as the period of limitation provided under article 136 is 12 years and the period of limitation is to be computed as provided under sub-section (1) of section 12 of limitation act and that too in accordance with the provisions of section 9 of general clauses act, though the time from which the period of limitation would begin to run is the date on which the decree becomes enforceable, the date of the decree is to be excluded and 12 years period is to be calculated from the next day onwards. .....