Judgment Search Results Home > Cases Phrase: general clauses act 1897 section 10 computation of time Court: kerala Page 1 of about 39 results (0.140 seconds)

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 .....

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. .....

Abdurazak Vs. Moideenkutty

Court : Kerala

Reported in : 2006(3)KLT962

..... held as follows: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 prescribed, the rule observed is to exclude the first and include the last day.it was also held as follows: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 ..... it was held as follows:however, in a line of decisions it has also been held that the provisions contained in the general clauses act, 1897 are applicable in computing the period of limitation for filing election petition under the r.p. ..... xx xx xx xxwhen the period is marked by terminus a quo and terminus ad quern, the canon of interpretation envisaged in section 9 of the general clauses act, 1897 require to exclude the first day. .....

Mooken Devassy Ouseph and Sons Vs. Rajappan Pillai

Court : Kerala

Reported in : AIR1984Ker91

..... faith' contained in section 2(h), limitation act, the definition of 'good faith' in the general clauses act, 1897 that 'a thing shall be deemed to be done in good faith where it is in fact done honestly, whether it is done negligeptly or not' is not relevant in construing section 14, limitation act. ..... to be prosecuted before the wrong court not because of any want of due care and attention on the part of the plaintiff that he can get the time taken before the wrong court excluded under section 14, limitation act, when it has been filed before the proper court on the wrong court returning the plaint for presentation before the proper court.in this case, it is clear ..... 'as per section 14(1) in computing the period of limitation for any suit the time taken to prosecute the same in a wrong court shall be excluded if it was ..... district court in which the plaint was then filed that the respondent-plaintiff was not entitled to the exclusion of the time taken before the wrong court in computing the period of limitation for the suit. ..... careless will not get the time taken before a wrong court excluded in computing the period of limitation for ..... so, the time taken before that court cannot be excluded in computing the period of limitation of ..... --(1) in computing the period of limitation for any suit the time during which the plaintiff has been prosecuting with due diligence another civil proceeding, whether in a court of first instance or of appeal or revision, against the defendant shall be excluded .....

K.P. Chandradasan Vs. George Kollassani and anr.

Court : Kerala

Reported in : 2004CriLJ2636

..... what is said in section 10 is regarding computation of time regarding the prescribed period provided in any central act or regulation made after the commencement of the general clauses act. ..... in that case the question which arose for consideration was whether in computing the period within which notice had to be given to the railway administration under clause (c) of section 140 of the railways act, section 10 of the general clauses act could be made applicable. ..... nabha vishwanath, air 1929 nag 96 : (1929 (30) cri lj 125) the high court of nagpur considered the question whether section 10 of the general clauses act is applicable in computing the period mentioned in the cattle trespass act. ..... the indian railways act is of the year 1890 which came into force prior to the commencement of the general clauses act, 1897. ..... in that case the court said that even though section 10 of the general clauses act only applies to acts made on or after 14th january, 1897, and does not cover, in terms, an act like the cattle trespass act which was passed in 1871, every consideration of justice and expediency would require that the accepted principle, which underlies section 10 general clauses act, should be applied in that case. .....

Alikutty Sahib Vs. Cherian and ors.

Court : Kerala

Reported in : AIR1961Ker138

..... : 'good faith' shall have the meaning assigned to it in section 3 (22) of the general clauses act, 1897 (central act x of 1897). ..... (5) (1) in computing the period of limitation or limit of time prescribed for a suit for the recovery of a debt or an application for the execution of a decree passed in such suit, the time during which the institution of the suit or the making of the application was barred by section 3 of the ordinance or section 3 of this act, or during which the plaintiff or his predecessor-in-title, believing in good faith that section 3 of the ordinance or section 3 of this act applied to such suit or such applications, refrained from instituting the suit or making ..... (2) where in a suit or an application in which the question of the exclusion of time under sub-section (1) arises, the defendant or the respondent or one of the defendants or respondents, with respect to whom the question is raised, would have been an agriculturist but for the fact that in the year ending 1951-52, 1952-53 or 1953-54, he had been assessed to income-tax (central act xi of 1922), it shall be conclusively presumed that, in refrainingfrom instituting the suit or making the application, the creditor ..... last submission made on behalf of the appellant was that a fresh suit on the same cause of action was competent, that he had time till 7-2-1956 to institute such a suit and that if the period of pendency of this appeal which was filed on 2-3-1955 is excluded a fresh suit would still be in time. .....

K.C. Rajesh Vs. T.K. Santhakumar and Others

Court : Kerala

..... referring to section 9(1) of the general clauses act, 1897, the supreme court held that 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 words "from" and, for the purpose of including last in a series of days or any other period of time, to use the word "to". ..... it was held in the decision that there is no difference between the words "of" and " from" mentioned in the sections and there is no necessity to give a different meaning and different interpretation for the purpose of computing the period of limitation and they will have to be treated as alike having same meaning and held that in such cases section 9 of the general clauses act will apply and the first day of starting point of cause of action has to be excluded and it will have to be reckoned from ..... rom industries limited and another [(2014) 11 scc 769], that will prevail as it is a subsequent larger bench decision on the question of computation of period of limitation where the words "of" and "from" were used in the same section and whether any different interpretation is required for that purpose and whether section 9 of the general clause act in such cases will be applied and held that section 9 will applied and it will have to be interpreted in the same manner giving the same meaning. 17. .....

Vishnu Bhatta Subraya Bhatta Vs. Domakkee and ors.

Court : Kerala

Reported in : AIR1958Ker326

..... reference was in this connection made to the principle underlying section 9(1) of the general clauses act (act x of 1897). ..... george gazette', will apply to suits filed on that day before a copy of the gazettee extra-ordinary was received in the office of the high court.we are here concerned with the computation of time for institution of suits, and though the portion relevant for our present purpose is not the whole paragraph extracted here, for a proper appreciation of the principles we think it advantageous to quote below the whole of the ..... 259 of air), the learned judge observed:'it appears to me that while it is true that no one general rule exists as to the computation of time (see sir willan grant in lester v. ..... innumerable cases can be found in the books supporting this mode of computation of time, but before we refer to some of them reference may be made to two decisions to which mr. ..... the question of the right mode of computation of time has received our anxious attention and we are definitely of the view, that, the position mr. ..... the 25th days of march, 1951 were holidays, the suit instituted on 26-3-1951 was within time.it may here be mentioned that it is common ground between the contending parties that the said three days (23rd, 24th and 25th) were holidays, but the question whether even on this alternative argument the last day for the institution of the suit was not 22-3-1951 is a question dependingupon the rule as to computation of time for institution of suits. .....

Krishnankutty Nair Vs. Ashokan

Court : Kerala

Reported in : 2005(1)ALD(Cri)37; III(2005)BC203; 2005CriLJ1095; 2005(1)KLT537

..... the same principle is also incorporated in section 9 of the general clauses act, 1897 which, inter alia, provides that in any central act made after the commencement of the general clauses 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 the word 'from' and for the purpose of including the last in a series of days or any other period of time, to use the word 'to'.8. ..... as per section 3(35) of the general clauses act, 1897, a month has to be reckoned according to british ..... of west bengal, air 1972 sc 1293, it was held that the rule is well established that where a particular time is given from a certain date within which an act is to be done, the day on that date is to be excluded; the effect of defining the period from such a day until such a day within which an act is to be done is to exclude the first day and to include the last day, section 9 of the general clauses act as well as section 12(1) of the limitation act also affirm the same principle. ..... , there is no reason for not adopting the rule enunciated in the aforesaid case which is consistently followed and which is adopted in the general clauses act and the limitation act. ..... section 12(1) specifically provides that in computing the period of limitation for any suit, appeal or application, the day from which such period is to be reckoned, shall be ..... ordinarily in computing the time, the rule observed is to exclude the first day and to include the last .....

Suharabi Vs. Special Tahsildar

Court : Kerala

Reported in : 2010(1)KLT15

..... therefore, the definition of that term in section 3(35) of the general clauses act, 1897 applies. ..... therefore, the period of three months for the purpose of an application under section 28a(1) has to be reckoned according to the british calendar, applying section 3(35) of the general clauses act. ..... therefore, the period of three months for the petitioner to apply under section 28a(1) on the basis of the award relied on by her ends on 22nd november, 2004. ..... act, the date of pronouncement of the award by the court shall be excluded in computing the period of three months. ..... petitioner applied for re-determination of compensation under section 28a(1) of the land acquisition act, 1894. ..... by the proviso to section 28a(1) of the l.a. ..... section 28a(1) of the l.a. ..... that was rejected as time-barred. ..... the petitioner's application filed on 20th november, 2004 was, therefore, well within time.4. ..... act. ..... act provides that the written application under that provision shall be made within three months from the date of the award of the court. .....