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Prabhakar Madhav Jadhav Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2003(2)BomCR871

..... section 10 of the bombay general clause act, 1904 which is pari materia with section 9 of the general clauses act, 1897 which reads as under :10 ..... , the date on which the tahsildar receives the notice under sub-section (1) of section 35 of the act is to be excluded while computing the period of 7 days. ..... thus when the period of limitation is prescribed for doing of a thing and the word 'from' is used for computing the commencement of the period of limitation, the first in the series of days from which the period of limitation is to be counted is to be excluded ..... within seven days from the date of receipt by him of the notice under sub-section (1), the tahsildar shall convene a special meeting of the panchayat for considering the motion of no confidence at the office of the panchayat at a time to be appointed by him and he shall preside over such meeting. ..... the requisition was received on 6th november, 2001 and the meeting was convened on 13th november, 2001, the meeting was convened on the 8th day and not within 7 days as provided under sub-section (2) of section 35.sub-section (2) of section 35 of the act reads as under :'section 35-motion of no confidence. ..... (1) in any bombay act or maharashtra act 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 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' .....

M/S. Saketh India Limited and Others Vs. M/S. India Securities Limited

Court : Supreme Court of India

Reported in : AIR1999SC1090; 1999(1)ALD(Cri)584; 1999(2)ALLMR(SC)265; 1999(1)ALT(Cri)240; 1999(2)ALT17(SC); I(2006)BC449(SC); 1999(47)BLJR927; (1999)2CALLT70(SC); [1999]96CompCas329(SC);

..... the same principle is also incorporated in section 9 of 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. ..... month is to be reckoned according to the british calendar as defined in the general clauses act, 1897. ..... , 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, ordinarily in computing the time, the rule observed is to exclude the first day and to include the last.. ..... 1961] 2 qb 135, a case for compensation for injuries received in the course of employment, where for purposes of computing the period of limitation the date of the accident, being the date of the cause of action, was excluded. ..... 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 ..... in the context of that case, the court held that in computing the period of three months from the date of detention, which was february 5th, 1971, before the expiration of which the order or decision for confirming the detention order and continuing the detention .....

Minakshi Sharma (Smt.) Vs. Hitendra Kumar Sharma

Court : Rajasthan

Reported in : RLW2009(4)Raj3128

..... 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 excluded.the same principle is also incorporated in section 9 of 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'.13. ..... in the said judgment, the high court was considering the definition, given under section 3(35) of the general clauses act, for computing a period of three months under the factories act, 1948.11. ..... according to section 3(35) of the general causes act, 1897, one month means a calendar month. .....

Government of Rajasthan and anr. Vs. Sangram Singh and ors.

Court : Rajasthan

Reported in : AIR1962Raj43

..... in such a case i feel justified in taking the view that the foregoing conclusion to which i have arrived by applying the general principle of interpretation also flows directly from section 13 of the ordinance which has made the general clauses act, 1897 of the central legislature applicable to the ordinance. ..... maker of the rajasthan ordinance intended to lay down that the said ordinance should operate retrospectively to the extent that the application for execution which was within limitation under the repealed law at the time of the commencement of the ordinance should become barred under the ordinance by applying the provisions of the ordinance to such application and then the court is to relieve this injustice by making adaptation in the said ordinance ..... repealed by section 12 thereof may be instituted within the period of two years next after such date or within the period prescribed for such suit by the aforesaid law, whichever period expires first, and (b) any suit, application or proceeding for which a period of limitation is prescribed by the said act but for which no period is prescribed by any such law as is referred to in clause (a) may be instituted, made or initiated within the period prescribed by the said act computed from the ..... for suits for which limitation as computed under the rajasthan ordinance has the effect of making them barred after the ordinance had come into force, a period of two years has been provided as the maximum period within which such suits .....

M/S. Saketh India Ltd. Vs M/S. India Securities Ltd

Court : Supreme Court of India

Reported in : 1999(96)CC329; 1999(3)SCC1; 1999(33)CLA1; 1999AIR(SC)1090; 1999(1)CTC631(SC); 1999SCC(Cri)329; 1999(2)AD(SC)361; 1999(2)MAH.L.J739

..... the same principle is also incorporated in section 9 of 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. ..... month is to be reckoned according to the british calendar as defined in the general clauses act, 1897. ..... , 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. ..... 1961(2) wb 135 a case for compensation for injuries received in the course of employment, where for purposes of computing the period of limitation the date of the accident, being the date of the cause of action, was excluded. ..... 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 ..... in the context of that case, the court held that in computing the period of three months from the date of detention, which was february 5th, 1971, before the expiration of which the order or decision for confirming the detention order and continuing the detention ..... ordinarily in computing the time, the rule observed is to exclude the first day and to include the .....

The State Of Telangana Vs. M/s Tirumala Constructions

Court : Supreme Court of India

..... it is questionable whether section 6 of the general clauses act, 1897, would have applied on its own force. ..... the assesses second appeal by quashing and setting aside both (2) the repeal of the said acts and the amendment of the acts specified in section 173 (hereafter referred to as such amendment or amended act , as the case may be) to the extent mentioned in sub-section (1) or section 173 shall not (a) revive anything not in force or existing at the time of such amendment or repeal; or (b) affect the previous operation of the amended acts or repealed acts and orders or anything duly done or suffered thereunder; or (c) affect any right, ..... . by virtue of the vat (amendment) act, 2018, section 84a was added in the vat act to be operative retrospectively with effect from april 1, 2006, inter alia, providing for the exclusion of the period spent between the date of the decision of the appellate tribunal and that of the high court as well as the supreme court in computing the period of limitation, referred to in section 75 of the gujarat vat act ..... . however, by virtue of the newly enacted section 84a, the period spent from the date of the decision of the high court up to the date of the decision of this court was to be excluded in computing the aforesaid period of three years, referred to under section 75 of the gujarat vat act .....

Rameshchandra Ambalal Joshi Vs. State of Gujarat and anr

Court : Supreme Court of India

..... 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. ..... in view of the above, it is not possible to hold that the word of occurring in section 138(a) and 142(b) of the n.i.act is to be interpreted differently as against the word from occurring in section 138(a) of the n.i.act; and that for the purposes of section 142(b), which prescribes that the complaint is to be filed within 30 days of the date on which the cause of action arises, the starting day on which the cause of action arises should be included for computing the period of 30 days. ..... this court, relying on several english decisions, dealt with the issue of computation of time for the purpose of limitation extensively in haru das gupta v. ..... , (1961) 2 qb135 a case for compensation for injuries received in the course of employment, where for purposes of computing the period of limitation the date of the accident, being the date of the cause of action, was excluded. ..... 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 excluded .....

Hari Shanker Tripathi Vs. Shiv Harsh and ors.

Court : Supreme Court of India

Reported in : (1976)1SCC897; [1976]3SCR308; 1976(8)LC242(SC)

..... the appellant, therefore, claimed that his petition was not time-barred in view of the provisions of section 10 of the general clauses act, 1897 which would apply to this case.3. ..... this is done under section 10 of the general clauses act (x of 1897)..the fact that the court for its own convenience deputes certain officers to receive the money does not give them a separate existence and it cannot be urged that while the court is, closed the ..... sitting and yet the court may not be closed, but if the court is closed then it cannot be said that the ministerial officers attached to the court are an office within the meaning of the term in section 10 of the general clauses act and they have a separate existence from the court.we find ourselves in complete agreement with the observation made by the division bench in the aforesaid decision, and in fact this clearly brings out the real ..... we entertain no doubt that the legislature has used both the expressions as meaning the same thing, and there are accordingly no grounds for holding that section 10 is not applicable to petitions falling within rule 119.we are also unable to read in the proviso to section 37 of the act an intention generally to exclude the operation of section 10 of the general clauses act in the construction of the rules, as that will be against the plain language of rule 2(6).... ..... if the period expires on a closed holiday it is not disputed that the time would be excluded in computing the period of six weeks. .....

Union of India (Uoi) Vs. Asharfi Devi and ors.

Court : Madhya Pradesh

Reported in : AIR1957MP114

..... ' is concerned, it is contended that there was delay of two days in posting it and although the two previous days were public holidays when the post offices were closed, the delay could not be condoned under section 10 of the general clauses act, 1897, which was wrongly applied by the lower court to the case. ..... the commencement of the 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, the act or the proceeding 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 that this shall not apply to any act or proceeding to which the indian limitation act applies.the indian railways act is of the year 1890, which is prior to the enactment of the general clauses act in 1897. ..... we shall, therefore, proceed on the assumption that the date from which the period of ax months has to be computed under section 77 is the date' on which the goods were delivered to the railway company for carriage. .....

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 .....