Judgment Search Results Home > Cases Phrase: general clauses act 1897 section 10 computation of time Page 8 of about 1,270 results (0.213 seconds)

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. .....

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 .....

Nandkishor S/O Shrimantrao Deshmukh Vs. Presiding Officer/Tahsildar an ...

Court : Mumbai

Reported in : 2004(4)BomCR592; 2004(2)MhLj485

..... held that,'considering the provisions of law contained under section 35(1) and (2) of the said act, which clearly provide a fixed period of seven days and also provide for starting point from the date of receipt of notice under section 35(1) of the said act, and applying provisions of section 10 of the bombay general clauses act, 1904, the day of receipt of the said notice under section 35(1) of the said act will have to be excluded while computing the period of seven days. ..... as there is no specific provision in the village panchayats act, reference, therefore, was made to section 11 of the bombay general clauses act, 1904 and it was held that, 'in computing limitation of 15 days, date of declaration of result is to be ..... , earlier, had an occasion to deal with the provisions of section 10 and section 11 of the bombay general clauses act, 1904, in the case of pandhari shripat patil v. ..... sharma, air 2001 sc 36, in view of section 9 of the general clauses act, explained the meaning of the word 'from ..... of notice under sub-rule (1) satisfy himself that the notice has been given by not less than one-third of the total number of members (other than associate members) who are for the time being entitled to sit and vote at any meeting of the panchayat and then convene a special meeting for the purpose within seven days from the date of receipt of such notice. ..... section 9 of general clauses act, 1897, was made in order to know the exact meaning of the word 'from' used in section 35(2) of the act. .....

Autolook Industries Vs. Cc

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

..... cc, bombay (1986 (25) elt 551 (tribunal) he also referred to section 9 of the general clauses act, 1897 and section 12 (1) of the limitation act, 1963 and pleaded that the refund claim has been filed in time if the date of payment of duty is excluded in computing the period of six months.2. ..... considering the arguments of both the sides, i find that the tribunal has already decided the issue that date of payment of duty is to be excluded in computing the period of limitation. ..... consultant pleaded that the commissioner (appeals) has rejected their refund claim as time barred. ..... therefore, the refund claim was filed in time. ..... the date of payment of duty if excluded then the refund claim is filed in time.3. .....

S.R.V. Mohamed Esmal Vs. A.S. Sevari Cruz

Court : Chennai

Reported in : (1999)3MLJ13

..... to a plaintiff to come forward with a belated suit even in respect of a debtor who is not entitled to the protection of the act, but that at the same time, the plaintiff was under the bona fide belief in good faith that the defendant was entitled to the protection ..... making the application, shall be entitled.explanation: 'good faith' shall have the meaning assigned to it in clause (22) of section 3 of the general clauses act x of 1897.the above quoted provision gives liberty ..... exclusion of time for limitation: 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 of the making of the application was barred by section 4, or during which the plaintiff or his predecessor-in-title, believing in good faith that section 4 applied to such suit or such application, refrained from instituting the suit or .....

Pulukuri Chinnaiah Vs. Election Tribunal, Prakasam District and ors.

Court : Andhra Pradesh

Reported in : 2002(2)ALD631; 2002(2)ALT752

..... section 9 of the a.p, general clauses act corresponds to section 9(1) of the general clauses act, 1897 (central act ..... general clauses act, 1891 reads ..... for the purpose of computing the period of 30 clear days as per section 9(b) of the general clauses act, 20-8-2001 - the date of declaration, has to ..... it held that the 30 days time for filing the original petition is to be counted from the date of declaration of the result and that the petitioner is not entitled to the benefit of section 12(2) of the limitation act and, therefore, there is no reason to exclude the time in connection with the application to set aside the declaration ..... section 9(b) of the general clauses act deals with commencement of the period of the purpose of excluding the first in a series of days or any of other period of time ..... term :--for the purpose of excluding the first in a series of days or any of other period of time, it shall be sufficient to use the word 'from'. ..... term :--for the purpose of including the last in a series of days or any other period of time, it shall be sufficient to use the word 'to'.7. ..... hold that the petition is well within time is any view of the matter. ..... has been filed to declare the order of the election tribunal-junior civil judge, podili, prakasam district in rejecting the original petition filed by the writ petitioner under section 233 of the a.p. ..... is whether the original petition filed by the petitioner was on time i.e. ..... the petitioner the original petition filed by him was on time. .....

Krishna Dhan Vs. Ummatul Zohra Begam

Court : Allahabad

Reported in : AIR1949All209

..... this is done under section 10, general clauses act (x [10] of 1897), which provides that where under any central 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 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. ..... learned counsel for the respondent has urged that in section 10, general clauses act, the words 'court' or 'office' have both been used and, if the money can be deposited in the high court office during the high court vacation when the office is open section 10, general clauses act, will not apply. ..... not 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, general clauses act, and they have a separate existence from the court.2. ..... 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. ..... we are, therefore, of the opinion that the money having been deposited on the day the court re-opened after the high court vacation and the time for depositing having expired during the vacation the deposit was made within time. .....

Arvind Goel and Anr Vs. The State of Jharkhand and Anr

Court : Jharkhand

..... 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" ..... the meaning of the expression months and whether the same would mean a period of 30 days only in the backdrop of definition of month as given in section 3 (35) of general clauses act, it was held in the case of ramesh chandra amba lal joshi vs. ..... 2 had filed the complaint case within the time prescribed under section 106 of the factories act and in such circumstances no interference is warranted in the ..... by learned senior counsel for the petitioners that in contravention to the provisions of section 106 of the factories act, although the accident had taken place on 4.5.2012 but the complaint was filed on 7.8.2012, which is beyond the period of three months as prescribed under section 106 of the factory act and therefore the learned additional chief judicial magistrate, jamshedpur has committed an error of law in taking cognizance for the offence under section 92 of the factories 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 .....

Deepesh Mahesh Zaveri Vs. Union of India and Others

Court : Mumbai

Reported in : 1996CriLJ4112

..... when we turn to the general clauses act, 1897, the word 'month' has been defined in section 3(35) as under :- ..... month' shall mean a month reckoned according to the british calendar'.section 9 of the general clauses act reads as under :- '9(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 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'.' 10. ..... of west bengal, air 1992 sc 1293 (supra) and observed at the end of para 16 at page 722 as under : 'be that as it may, we have no hesitation in holding that in computing the period of twelve days referred to in sub-section (4) of section 3 of the act, the day on which the order of detention was passed should be excluded and, upon such computation, it must be held that the approval of the order of detention was made within twelve days after the making of the order of detention'. 13. ..... (1981) 2 all er 609, the dispute was between a landlord and his tenant and the question arose regarding computation of time viz. ..... have already indicated above that the detaining authority has considered the relevant material and there is, thus, no merit in the grievance that there was shortage of time and that the detaining authority could not have considered the relevant documents before issuing the order of detention on the 5th october, 1995. .....

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. .....