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Fakhrullah Khan Vs. Ram Sarup

Court : Allahabad

Reported in : AIR1923All64; 68Ind.Cas.978

..... india' has been defined in section 3, clause (7) of the general clauses act, 1897, as meaning all territories and places within his majesty's dominions which are for the time being governed by his majesty through the governor general of india or through any governor or other official subordinate to the governor general of india. ..... under military carnations, the object of which was much more restricted than that of an administration carried on for other purposes and, in oar opinion, section 13 is wide enough to apply to cases of absence in such territory, though it may be under temporary military occupation of the kind above mentioned. ..... consideration is whether basra was a territory outside british india under the administration of the government of india within the meaning of section 13 of the said act at the time when the defendant was staying there in military employ.3. ..... the suit had been brought on the 14th of august 1918, after the time allowed by law had expired and that section 13 of the indian limitation act did not save limitation. ..... by the defendant in basra and france be taken into consideration and excluded from the operation of limitation under section 13 of act ix of 1908, then the present suit would be within time. ..... that section provides that in computing the period of limitation prescribed for any suit, the time during which the defendant had been absent from british india and from the territories beyond british india under the administration of the government of india .....

Ram Sarup Vs. Fakhr-ullah Khan

Court : Allahabad

Reported in : (1923)ILR45All18

..... has been defined in section 3, clause (7) of the general clauses act, 1897, as meaning 'all territories and places within his majesty's dominions which are for the time being governed by his majesty through the governor-general of india or through any governor or other official subordinate to the governor-general of india. ..... military occupation, the object of which was much more restricted than that of an administration carried on for other purposes, and, in our opinion, section 13 is wide enough to apply to cases of absence in such territory, though it may be under temporary military occupation of the kind above mentioned ..... is whether basra was a territory outside british india under the administration of the government of india within the meaning of section 13 of the said act, at the time when the defendant was staying there in military employ.3. ..... suit had been brought on the 14th of august, 1918, after the time allowed by law had expired and that section 13 of the indian limitation act did not save limitation. ..... we do not see any reason why the plaintiff should not be allowed the benefit of section 13 and we agree with the lower appellate court in finding that the period during which the defendant was absent from british india in ..... that section provides that in computing the period of limitation prescribed for any suit, the time during which the defendant had been absent from british india and from the territories beyond british india under the administration of the government .....

M/S Uttam Sucrotech International (P) Limited Vs. Union of India and a ...

Court : Delhi

..... 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 ..... supports the applicability of section 10 of the general clauses act instead of indicating its exclusion for the purpose of computing the limitation prescribed in sub- section (1) of section 81 for presentation of ..... of this legal maxim which suggests the informed decision on this point, leading to the only conclusion that section 10 of the general clauses act applies in the computation of the limitation prescribed by sub-section (1) of section 81 of the r.p. ..... 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 ."17. ..... their lordships came to hold that the cause of action to file the complaint accrued on 26.1.1997 which has to be excluded in computing the period of limitation as required under section 12(1) of the limitation act, 1963 and, therefore, the limitation would be counted from 27.1.1997 and the complaint was filed on 26.2.1997 within a period of .....

Rajeev Chakraborty Vs. Golaghat Truck Owners Association

Court : Guwahati

..... 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 ..... raised, is this: whether the date of drawing of a cheque or the period of validity of a cheque shall, for the purpose of computing the period of limitation of six months, as prescribed by clause (a) of the proviso to section 138 of the negotiable instruments act, 1881 (in short, 'the ni act'), include the date on which the cheque is drawn by the drawer. ..... another equally important question, raised in this criminal revision, is: whether the period of limitation shall, as prescribed by clause (a) of the proviso to section 138 of the ni act be computed from the date of presentation of the cheque to the payee's bank or from the date of presentation of ..... in the backdrop of the authorities cited above, it is clear that while computing the period of six months, as prescribed in section 138(a), the date on which the cheque is issued or drawn will have to be excluded; but the last day of the period ..... 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 .....

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 .....

Patel Dinneshkumar Shivram Somdas Vs. Patel Keshavlal Mohanlal

Court : Gujarat

Reported in : 2000CriLJ3546; (2000)2GLR1

..... 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. ..... he accepted the proposition that in computing the period in clause (c) to section 138 of the act the day on which the notice was served ..... may be noted from what is ruled by the apex court that in the process of computation of period referable to clause (c) to section 138 , the first day of service of notice i.e. ..... once again for the purpose of computation of period of one month under clause (b) to section 142, 15/10/1995 has been excluded on the principle of ..... might, therefore, be seen that the decision does not deal with the manner of computation of period of 15 days under clause (c) to section 138 of the act. mr. ..... judge was whether the concept of exclusion of one day would apply in computing period of 15 days as contemplated by clause (c) to section 138 of the act. ..... as it sounds, the argument will be of no consequence, in view of the latest decision of the apex court on the question of manner of computation of period in both the aforesaid clauses, namely clause (c) to section 138 of the act as well as clause (b) to section 142 of the act. .....

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. .....

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 .....

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 .....