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Citation Codes
Equivalent Citations
citation codes
Case Number
Advocates
Judges
Acts
  • Indian General Clauses Act X of 1897, section 3, sub-section (12), and the Madras General Clauses Act I of 1891, section 9, following the English Interpretation Act of 1889, 52
  • section 107 of the Government of India Act, 5 and 6 Geo. V, Cap. 61, 6 and 7 Geo. V, Cap. 37 and 9 and 10
  • English Interpretation Act of 1889 or by the Indian General Clauses Act
  • Act are section 3, sub-section 12, and section 9. Section 3, sub-section 12
  • section 36 of the Interpretation Act of 1889, 52 and 53 Vict., Cap. 63
  • Indian Statutes. Section 36, sub-section 2 of the Interpretation Act
  • GENERAL CLAUSES ACT
  • English Interpretation Act or the Indian General Clauses Act
  • Section 36 of the Interpretation Act of 1889 (52
  • SECTION 107 GOVERNMENT OF INDIA ACT
  • section 1 of the Bankruptcy Act of 1890.
  • Indian General Clauses Act-X of 1897
  • section 3 of the Bastardy Act 35
  • GOVERNMENT OF INDIA ACT
  • Civil Courts Act
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Advocates
Judges
Acts
  • Indian General Clauses Act X of 1897, section 3, sub-section (12), and the Madras General Clauses Act I of 1891, section 9, following the English Interpretation Act of 1889, 52
  • section 107 of the Government of India Act, 5 and 6 Geo. V, Cap. 61, 6 and 7 Geo. V, Cap. 37 and 9 and 10
  • English Interpretation Act of 1889 or by the Indian General Clauses Act
  • Act are section 3, sub-section 12, and section 9. Section 3, sub-section 12
  • section 36 of the Interpretation Act of 1889, 52 and 53 Vict., Cap. 63
  • Indian Statutes. Section 36, sub-section 2 of the Interpretation Act
  • GENERAL CLAUSES ACT
  • English Interpretation Act or the Indian General Clauses Act
  • Section 36 of the Interpretation Act of 1889 (52
  • SECTION 107 GOVERNMENT OF INDIA ACT
  • section 1 of the Bankruptcy Act of 1890.
  • Indian General Clauses Act-X of 1897
  • section 3 of the Bastardy Act 35
  • GOVERNMENT OF INDIA ACT
  • Civil Courts Act
Smart Summary

Factual and Procedural Background

This opinion concerns the legal effect of a notification published in the Fort St. George Gazette on 5 May 1922 which amended the Table of Fees for institution of suits on the Original Side of the High Court. The amended rules increased the institution fee (for many suits) from Rs. 30 to higher amounts (for example Rs. 150 where the subject-matter value did not exceed Rs. 10,000). The notification stated that the amendments “do come into force from the date of publication in the Fort St. George Gazette.”

The governance facts relevant to the controversy are: the Gazette extraordinary containing the notification was published on 5 May 1922; the notice reached the High Court at about 5 p.m. that day (the Court office hours being 11 a.m. to 5 p.m.); several plaints had been filed earlier during the day before the notification reached the Court. The legal question arising from these facts was litigated before a Bench whose members expressed different views. The Advocate-General appeared for the Crown and Mr. V.V. Srinivasa Ayyangar appeared for the litigants who had filed plaints on 5 May.

Legal Issues Presented

  1. Whether, on a proper interpretation of the notification that the amendments “do come into force from the date of publication in the Fort St. George Gazette,” the new scale of institution fees applies to plaints instituted on 5 May 1922 (i.e., whether “from” as used in the notification includes the date of publication or excludes it).

Arguments of the Parties

Advocate-General for the Crown

  • Argued that the word “from” in the notification should be construed inclusively (i.e., “on and after” the date of publication), so that plaints presented on 5 May are subject to the amended (higher) fees.
  • Contended that established interpretive provisions (notably section 36 of the English Interpretation Act, 1889) and common-law rules support reading a commencement expressed to be “on” or “from” a particular day as operative from the beginning of that day (neglecting fractions of a day), thereby making the amended fees operative for 5 May.

Mr. V.V. Srinivasa Ayyangar (for the litigants)

  • Argued that the date of publication (5 May) should be excluded and that the word “from” does not necessarily include the first day; therefore plaintiffs who filed before being aware of the notification (and before the Court received it) should be charged the old fee (Rs. 30).
  • Emphasized considerations of justice and equity for litigants who filed their plaints before the Court or office had knowledge of the notification.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
In re North, Ex parte Hasluck That “in the reckoning of time each case must depend on its own circumstances and subject matter”; discussion whether day of an act is included or excluded in computing a statutory period. Quoted by Sir Walter and extensively relied upon by the other judges to support the proposition that no universal rule exists and context controls; used as authority for contextual approach to “from” in commencement provisions.
Sidebotham v. Holland Demonstrates that words like “at”, “on”, “from” and “on and from” may be equivalent for certain practical purposes (Lindley, L.J.). Cited by Coutts Trotter, J. and discussed; court stresses that it is not authority for universal equivalence of those prepositions in all contexts but was used to show limits of fine distinctions among prepositions.
Tomlinson v. Bullock Illustration where Act was held to have immediate operation for events occurring on the day the Act received Royal Assent; used to show situations where inclusion of the day is appropriate. Referred to by Coutts Trotter, J. as an illustration of immediate operation (inclusion of day) where convenient and just; not treated as establishing a universal rule that “from” always includes the day.
Lester v. Garland (Sir William Grant) Analytical survey of authorities on inclusion/exclusion of the first day; expresses that no single general rule exists and that technical rules may require exceptions. Relied upon by multiple judges (Coutts Trotter, Kumaraswami Sastri) to support the conclusion that each case turns on its facts and equities rather than a rigid rule.
Isaacs v. Royal Insurance Company Cited as an illustration in the discussion of when “from” excludes or includes the opening day, particularly in relation to periods delimited by statute. Invoked by Coutts Trotter, J. (and referenced by others) as one of the authorities illustrating the rule that where a period has both termini the opening day is prima facie excluded.
In re Railway Sleepers Supply Company One of the cases discussed in the survey of authorities dealing with computation of time. Referred to in the opinion by Coutts Trotter, J. as part of the body of authorities showing that computation depends on context and purpose.
South Staffordshire Tramways Company v. Sickness and Accident Assurance Association Illustrative authority cited among cases on computation of time. Quoted by Coutts Trotter, J. as one of several illustrations; used to support the practical rule distinction between delimitated periods and indefinite commencements.
Sheffield Corporation v. Sheffield Electric Light Company Another illustrative case in the body of time-computation authorities. Referred to by Coutts Trotter, J. as part of the collected examples supporting the reasoning about inclusion/exclusion of days.
Goldsmiths' Company v. The West Metropolitan Railway Illustrative authority concerning computation of time and inclusions/exclusions of days. Listed among cases by Coutts Trotter, J. to demonstrate the established distinctions in the authorities.
Doe v. Spence Referred to in relation to distinctions between prepositions; cited in context of discussion in Sidebotham v. Holland. Mentioned by Sir Walter (in reference to Lindley, L.J. and Sidebotham v. Holland) to show practical equivalence in some contexts; no separate application beyond citation.
Castle v. Burditt Early authority treating inclusion of the day when computing time from an act done. Referred to by Kumaraswami Sastri, J. in the historical survey of authorities; used to show that older cases attempted hard-and-fast distinctions.
R. v. Adderley Authority establishing that when computing time from an act the day may be included; invoked in discussions of common-law rules. Cited by Kumaraswami Sastri, J. and others as part of the common-law background on which later refinements were built; used in argument but not determinatively applied alone.
Pugh v. Duke of Leeds (Lord Mansfield) Authority recognizing that meaning of “from” depends on context and subject-matter. Quoted by Kumaraswami Sastri, J. to support the general proposition that context governs whether “from” is inclusive or exclusive.
Glassington v. Rawlins Illustration relating to inclusion of day in computation where act of bankruptcy (arrest) is concerned. Referred to by Kumaraswami Sastri, J. as an example where the day of arrest was included; used to show that older authorities had differing approaches.
Combe v. Pitt Old authority recognizing admission of fraction-of-day considerations where necessary to avoid absurdity. Referenced by Kumaraswami Sastri, J. to show that early authorities admitted exceptions when strict inclusion/exclusion would produce absurdity.

Court's Reasoning and Analysis

Sir Walter Salis Schwabe, C.J. — Reasoning

  • Begins by framing the central interpretive question: whether “from the date of publication” means including that date (on and after) or excluding it (after).
  • Accepts general rule that the word “from” preceding a date may mean either “on and after” (including) or “after” (excluding) and that context must determine which meaning applies.
  • Formulates two prima facie rules: (1) when the named date begins a defined, limited period (terminus a quo and terminus ad quem) prima facie exclude the first day; (2) when the named date begins an indefinite period prima facie include the first day. He notes these are prima facie and admits exceptions.
  • Relies on English authorities as guides and refers to interpretation Acts (English and Indian) but does not decide which Act governs; he inclines to think the English Act applies but finds none deals specifically with the precise point.
  • Applies the general rule to the notification: the named date (5 May) should be included because there is no valid reason to exclude it, and because in ordinary plain English “from a named date” means “on and after that day” unless context indicates otherwise.
  • Concludes that plaints filed on 5 May are subject to the amended rules (enhanced fees).

Coutts Trotter, J. — Reasoning

  • Examines statutory and interpretive provisions: notes the Advocate-General’s reliance on section 36 of the English Interpretation Act, 1889; also examines the Indian General Clauses Act provisions.
  • Adopts a practical common-law principle: the law generally neglects fractions of a day so that an enactment expressed to begin “from” a day which fixes the terminus a quo of a continuing legal state takes effect from the first moment of that day (i.e., from midnight preceding the day), thereby making the enactment operative for that day.
  • Distinguishes two classes: (a) where only a terminus a quo is fixed and the state of things is to last indefinitely — include the day (beginning at first second of that day); (b) where a period is delimited by both a terminus a quo and terminus ad quem — exclude the opening day and include the closing day to avoid absurd results.
  • Applies that classification to the notification at issue, treating it as fixing a continuing state (i.e., an indefinite commencement) and therefore as coming into force from the first second of 5 May (midnight of 4 May), making plaints filed on 5 May liable to enhanced fees.
  • Rejects equitable/hardship arguments as insufficient to displace this interpretive conclusion, observing that litigants who find the new fees excessive may withdraw suits or have made pragmatic choices in initiating litigation.

Kumaraswami Sastri, J. — Reasoning (Dissent)

  • Reviews the notification’s terms and the factual circumstance that the Gazette reached the High Court about 5 p.m. on 5 May, after several plaints had already been filed that day during court hours.
  • Analyzes the applicability of the Indian General Clauses Acts and the English Interpretation Act 1889; finds the Indian Acts not directly helpful here and reads section 36 of the English Act as addressing rules expressed to come into operation “on” a day rather than “from” a day.
  • Presents a detailed survey of English authorities, emphasizing that no universal rule exists and that each case must depend on its particular circumstances and subject-matter; quotes authorities to show the historical diversity of approaches.
  • Focuses on justice and equity: holds that litigants who filed plaints before the Court or the office had knowledge of the notification had done what was legally valid at the time and ought not, in fairness, to be charged the higher fee simply because the notification was received at the close of the day.
  • Concludes that, given the specific facts (notice received at office closing time and plaints filed earlier in ignorance), the date of notification should be excluded; directs that plaints received on 5 May 1922 be stamped with Rs. 30.

Holding and Implications

The Bench exhibits divergent conclusions. The opinions state the following judicial determinations:

  • Sir Walter Salis Schwabe, C.J. — Held that the words “from the date of publication” include that date; therefore plaints filed on 5 May 1922 are subject to the amended rules and enhanced institution fees.
  • Coutts Trotter, J. — Held that the notification came into force from the first second of 5 May (neglecting fractions of a day); therefore plaints filed on 5 May are liable to the enhanced fees. He also rejected hardship arguments as insufficient to alter this legal construction.
  • Kumaraswami Sastri, J. (dissent) — Held that, given the facts (notification reached the Court at about 5 p.m., after plaints had been filed during office hours) and principles of justice and equity, the date of publication should be excluded and the plaints filed on 5 May 1922 should be stamped with the old fee of Rs. 30.

Core Ruling: Split decision: two judges (Sir Walter Salis Schwabe, C.J., and Coutts Trotter, J.) concluded that plaints filed on 5 May 1922 are subject to the amended (higher) institution fees; one judge (Kumaraswami Sastri, J.) concluded that plaints filed on 5 May 1922 should be stamped with the old fee (Rs. 30).

Implications:

  • Direct practical effect for the litigants depends on which opinion is applied: under the two opinions favouring inclusion, plaintiffs who presented plaints on 5 May are liable to higher fees under the amended Table; under the dissent, those plaintiffs are entitled to have their plaints stamped at the previous fee of Rs. 30.
  • The opinions articulate interpretive principles on the construction of commencement language like “from the date of publication,” emphasizing context, the nature of the period (defined vs. indefinite), and considerations of justice and convenience. The opinion(s) do not state that a novel general precedent is being established beyond applying these principles to the facts at hand.

    Court Fees, In Re

    Sir Walter Salis Schwabe, C.J:— The question to be decided in this case is whether on a proper interpretation of the notification contained in the Fort St. George Gazette of May 5th, 1922, the rules imposing increased institution fees on suits on the Original Side of this Court apply the new scale to suits instituted on that day or not. The words of the notification are “that the amendments do come into force from the date of publication in the Fort St. George Gazette,” and the whole question is whether those words mean on and after that date, including May the 5th or after that date excluding May the 5th.

    The matter has been most fairly and clearly argued by the Advocate-General for the Crown and Mr. V.V Srinivasa Ayyangar for the litigants, and I have also had the opportunity of studying and considering the judgments of my brothers, who take different views on this matter. I approach this matter conscious of the salutary rule that, in all statutes imposing taxation, any real ambiguity must be decided in favour of the subject and against the Crown. I consider that the hour of the day at which the Gazette was actually published is a wholly irrelevant consideration, because on neither view does it make any difference. If the Gazette had been published early in the morning, according to the view of Kumaraswami Sastri, J., the tax will come into operation only the next day. If it had been published late at night, according to the view of Coutts Trotter, J., the tax would still be operative from the time the office opened for the receipt of plaints on that day. I agree that we have nothing to do with the English Common Law except in so far as it may afford some guide as to the proper meaning to be attached to words in the English language. I think this may be deduced from a study of all the English authorities, namely, that in every case the word “from” preceding a date may have one of two meanings, namely, on and after, that is, including the named date, or merely after, that is excluding the named date, and that it is necessary to look at the context and the circumstances of each case to arrive at the true Construction. But I think further that, unless there are valid reasons to the contrary, certain rules may be deduced and they may be stated thus: (1) that, if the named date is the beginning of a defined limited period, that is, where there is a terminus ad quem as well as a terminus a quo, then prima facie the first day is excluded; (2) that, if the named date is the beginning of an indefinite period then prima facie the first day is included. I say prima facie because in my view there must be exceptions, for example, if I announced that I should sit on the Original Side from Monday next, I should interpret that to mean including Monday, and that whether I had announced that I should do so for a month only or whether I had left the terminus ad quem indefinite. In my view these rules have been recognized by the framers of the two Indian Statutes, the Indian General Clauses Act X of 1897, section 3, sub-section (12), and the Madras General Clauses Act I of 1891, section 9, following the English Interpretation Act of 1889, 52 & 53 Vic, Cap. 63. I do not think it necessary to decide whether any of these Interpretation Acts applies, though I incline to the view that the English Act applies, as none of them deal specifically with this point.

    Applying the general rules stated above to this case, the named date must be included unless there is some valid reason why it should not be, and I can find none. It is true that it may have the effect of making persons pay more than they understood they had to pay when they filed their suits; but this seems to me to be a ground for criticising the method of imposing this tax rather than a ground for interpreting the notice in any particular way; and I think that this argument is more than counterbalanced by the fact that this was a sudden imposition of a tax which in many cases could be avoided if notice was given of it in time for suits to be filed between the time of the publication and of its actually coming into operation. What has greatest weight with me is that I am of opinion that in ordinary plain English, unless there is anything indicating the contrary intention in the context, “from a named date” means “on and after that day.”

    I do not discuss the authorities in detail because I think the whole matter is summarized in the words of A.L Smith, L.J, in In re North, Ex parte Hasluck,

    “In the reckoning of time each case must depend on its own circumstances and subject matter,”

    and giving the best consideration that I can to this case and the circumstances and the subject matter of this notification, in my judgment, the plaints filed on May 5th are subject to the amended rules, and it must be declared accordingly.

    Coutts Trotter, J.:— The short point for our decision is whether the new scale of fees applies to the plaint filed in this Court on the 5th May, the date of its publication in the Fort St. George Gazette. The High Courts of India are enabled to make rules for regulating the practice and proceedings of such Courts and to settle a table of fees to be allowed to officers of Court under section 107 of the Government of India Act, 5 and 6 Geo. V, Cap. 61, 6 and 7 Geo. V, Cap. 37 and 9 and 10 Geo. V, Cap. 101, all of course being statutes passed by the Imperial Parliament. The Advocate-General therefore contends that it follows that section 36 of the Interpretation Act of 1889, 52 and 53 Vict., Cap. 63 alone applies and that we are not concerned with the Indian Statutes. Section 36, sub-section 2 of the Interpretation Act is as follows:—

    “Where an Act passed after the commencement of this Act, or any order in Council, order, warrant, scheme, letters patent, rules, regulations, or bye-laws made, granted or issued, under a power conferred by any such Act, is expressed to come into operation on a particular day, the same shall be construed as coming into operation immediately on the expiration of the previous day.”

    If this contention be not correct, the orders made by the High Courts under the authority of the Government of India Act must be governed by the Indian General Clauses Act-X of 1897 and the relevant sections of that Act are section 3, sub-section 12, and section 9. Section 3, sub-section 12 is as follows:—

    “Commencement used with reference to an Actor Regulation shall mean the day on which the Act or Regulation comes into force.”

    Section 9 enacts that in any 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.” In my opinion this case is not really affected by the consideration of whether the English Interpretation Act or the Indian General Clauses Act is to be looked to for the guiding rule in this case. The whole argument of Mr. V.V Srinivasa Ayyangar is based on the use of the preposition “from” in the notification instead of the more obvious “on” To my mind no useful purpose is served by drawing distinctions between particular prepositions such as “on,” “from,” “from and after” and so forth and for that I have the authority of Doe v. Spence and Lindley, L.J, in Sidebotham v. Holland. It appears to me that while it is true that no one general rule exists as to the computation of time [See Sir William Grant in Lester v. Garland and In re North, Ex parte Hasluck] the English Common Law has evolved two perfectly clear principles and they are the principles which I conceive that the draftsman of the Indian General Clauses Act intended to embody in the sections which I have quoted. What I conceive to emerge from the decided cases is this: that as the law in general neglects fractions of a day you must either exclude or include the whole of the day with which a given statute or rule or regulation deals. And the exclusion or inclusion, I think, is clearly provided in two other rules. If you are fixing the point of time at which a certain state of things is to be called into existence, that state of things comes into existence at midnight of the day preceding the day at which or on which or from which or from and after which the new state of things begins. In such cases the statute or rule is only concerned in fixing the terminus a quo of a new state of law which is enacted to continue indefinitely, in other words, until repealed by a new enactment of the legislature where, in short, you have a terminus a quo but no terminus ad quem. This principle is well illustrated by the case of Tomlinson v. Bullock. It is one of obvious convenience for it would be an intolerable burden upon the litigant public to require it to ascertain at which precise hour of the day a particular statute is passed or a particular rule or regulation is promulgated. The other rule is this. When you have a period delimited by statute or rule which has both a beginning and an end, the word “from” excludes the opening day and any words fixing the closing day include that day. As was pointed out by Day, J., any other canon of construction would lead to an absurdity. For instance a policy of insurance to be good for one day from the 1st January might be valid only for a few hours or even for a few minutes or conceivably not at all, unless you exclude the 1st January from the computation. Illustrations of the application of this principle are to be found in Isaacs v. Royal Insurance Co., In re Railway Sleepers Supply Company, South Staffordshire Tramways Company v. Sickness and Accident Assurance Association, Sheffield Corporation v. Sheffield Electric Light Company, and Goldsmiths' Company v. The West Metropolitan Railway. This distinction appears to me to be vital and reconciles all the cases referred to in the arguments I think the rule that emerges is this: Where a statute fixes only the terminus a quo of a state of things which is envisaged as to last indefinitely, the common law rule obtains that you ought to neglect fractions of a day and the statute or regulation or order takes effect from the first moment of the day on which it is enacted or passed, that is to say, from midnight of the day preceding the day on which it is promulgated; where, on the other hand, a statute delimits a period marked both by a terminus a quo and a terminus ad quem, the former is to be excluded and the latter to be included in the reckoning. This notification clearly falls within the former class and must be taken to have come into force on the first second of the 5th May, that is to say, from midnight of the 4th May. It follows that the plaints filed on the 5th May are liable to the enhanced fees laid down by the Regulation.

    A very large part of the argument addressed to us on behalf of those who filed plaints on the 5th May was based on what was called a hardship suffered by them if our decision should be favourable to the Crown. Increased taxation is always in a sense a hardship to the subject but I cannot see any special hardship imposed upon these particular litigants. If the suits which they filed are not in their opinion worth the expenditure entailed by the increased rate of institution fees, they would doubtless be permitted to withdraw them—a suit evaluated at that rate by the person who institutes it is not likely to be based on a very solid cause of action. In any event a line has to be drawn one side or the other more or less arbitrarily and it does not seem to me that considerations of supposed hardship can possibly affect the determination. In my opinion the Crown succeeds, whether this matter is regulated directly by the Common Law of England and the English Interpretation Act of 1889 or by the Indian General Clauses Act which, in my opinion, should be construed in the light of the numerous decisions of the English Courts. I do not think too much importance should be attached to the terminological significance of the words “period” and “series” which are the expressions used in the Indian. Act. But it is clear that such considerations, if invoked, tend to support the contention of the Crown. In the case of the word “period” it is incontestable so, for the word obviously imports from its Greek origin the completion of a circuit, that is to say, something which has both a terminus a quo and a terminus ad quem to begin and end the circuit.

    Kumaraswami Sastri, J.:— By a notification in the Fort St. George Gazette Extraordinary, published on Friday, the 5th of May 1922, the Table of Fees which, under Appendix II of the old rules on the Original Side, were levied in respect of the institution of suits was amended and instead of a fixed fee of Rs. 30 levied under serial No. 1, it was provided that Rs. 150 was to be levied in all suits where the value of the subject matter did not exceed Rs. 10,000 and that, in respect of suits of higher value, Rs. 20 was to be levied for every Rs. 5,000 or part thereof in excess of Rs. 10,000. In respect of serial Nos. 2 and 2(a) it was provided that, in the case of suits cognizable by the City Civil Court or the Court of Small Causes, the same fee was to be levied as would be leviable were the suits instituted in those Courts, with a proviso that the fee shall, in no case, be less than Rs. 150. This notification states that the amendments

    “do come into force from the date of publication in the Fort St. George Gazette.”

    A Gazette Extraordinary was issued on the 5th of May 1922 containing the notification and it reached the High Court at about 5 p.m that day and several plaints had been filed before that hour. As the office hours are 11 a.m to 5 p.m the notification reached the Court at the close of the office hours. The question raised is whether the plaints instituted that day are to be charged with a fee of Rs. 30 as under the old rules or with the fee provided for by the amended rules and this question turns on whether the notification is to take effect from the 5th of May the date of publication or whether that day is to be excluded in determining the question as to from what date the amended rules have operation. The wording of the notification being that it is to take effect “from the date of publication” it is argued by the Advocate-General who appears for the Government that the word “from,” in construing the notification, must be taken as inclusive of the date of publication and that the notification should apply to plaints presented on that date before the publication as the law does not take notice of fractions of a day. Mr. Srinivasa Ayyangar who appears on the other side contends that the date of publication should be excluded and that the use of the word “from” does not necessarily connote the inclusion of the first day. Reference has been made by the Advocate-General in the course of his arguments to the General Clauses Act X of 1897 and the Madras General Clauses Act I of 1891, but these Acts do not afford much help as Act X of 1897 only applies to the construction of the Acts of Governor-General in Council and the Regulations made pursuant to those Acts and is not made applicable to any rules that may be framed. The legislature has refrained from making the provision of this Act applicable to rules framed under statutory power. The Madras General Clauses Act I of 1891 similarly has no application to the question involved in this case. Section 36 of the Interpretation Act of 1889 (52 and 53 Vict., Cap. 63) is also of no help even assuming that the Act applies to rules made under the powers conferred by section 107 of the Government of India Act (a point on which I express no opinion) as the section refers to rules being expressed to come into operation “on” a particular day and not “from” a particular day. We have therefore to fall back on the general principles which govern cases like the present.

    There has been a great diversity of opinion as regards the legal effect of the use of the word “from” with reference to the computation of time and as to whether it must be treated as inclusive or exclusive of a terminus a quo. Hard and fast rules were attempted to be laid down in the earlier English cases. For example in Castle v. Burditt, it was held, relying on the rule laid down in R. v. Adderley, that where the computation of time is to be made from an act done the day on which the act is done is to be included. Distinctions were attempted to be drawn between the use of the words “from the date” and “from the day of the date.” It was, however, recognized even in the earlier cases that no hard and fast rules could be laid down. Lord Mansfield in Pugh v. Duke of Leeds, where a lease was to run from the day of the date of the indenture for 21 years and the question was whether the date of the lease must be included or excluded, observed as follows:

    “In grammatical strictness and in the nicest propriety of speech that the English language admits of, the sense of the word “from” must always depend on the context and subject matter whether it shall be construed inclusive or exclusive of the terminus a quo.”

    All the earlier authorities were referred to and discussed by Sir William Grant, M.R, in Lester v. Garland, which has been followed in subsequent cases. On a consideration of the authorities on the question as to whether in computing time from an act or event, that day is to be included or excluded, he observed as follows:—

    “It is not necessary to lay down any general rule upon this subject; but upon technical reasoning I rather think it would be more easy to maintain that the day of an act done or an event happening ought in all cases to be excluded than that it should in all cases be included. Our law rejects fractions of a day more generally than the civil law does. The effect is to render it a sort of indivisible point so that any act done in the compass of it is no more referrable to any one, than to any other, portion of it; but the act and the day are co-extensive; and therefore the act cannot properly be said to be passed until the day is passed. But it is not accessary to lay down any general rule; whichever way it should be laid down, cases would occur, the reason of which would require exceptions to be made.”

    The Master of the Rolls referred with approval to the argument of Sergeant Palmer that in all the previous cases except one the act done, from which the computation is made inclusive of the day, is an act to which the party against whom the time runs is privy; and, as he has unquestionably the benefit of some portion of the day, there is the less hardship in constructively reckoning the whole of it as a part of the time allowed him; whereas in the case under consideration the event was one totally foreign to the party, whose time for deliberation was to begin to run from that event. Maxwell in the “Interpretation of Statutes” (Sixth Edition, p. 605) observes as follows:—

    “In the computation of time, distinctions have been made by the Courts which were founded chiefly on considerations of convenience and justice. The general rule, anciently, seems to have been that both terms or endings of the period given for doing or suffering something were included; but when a penalty or forfeiture was involved in non-compliance with a condition within the given time, the time was reckoned by including one and excluding the other of the terminal days. A distinction was afterwards made depending on whether the point from which the computation was to be made was an act to which the person against whom the time ran, was privy or not. Thus, if the time ran “from” when he was arrested or received a notice of action, it might justly be computed as including the day of that event; but not so, if it ran from the death of another person; a fact of which he would not, as in the previous cases, necessarily be cognizant, or, in other words, in such and cognate cases the exact meaning is signified by the phrase ‘from and after’.”

    In In re North, Ex parte Hasluck, the point for consideration was whether the day of seizure by a Sheriff should be included or excluded in computing the period of 21 days referred to in section 1 of the Bankruptcy Act of 1890. Vaughan Williams, J., observed as follows:

    “There seems no doubt that by the common law when an act is complete on a particular day, and it becomes necessary to calculate from that day, the day on which the act was so completed must be reckoned in the computation. This is the principle established in R. v. Adderley and it was upon this basis that it was held in Glassington v. Rawlins, with regard to the act of bankruptcy grounded upon lying in prison for two months after arrest that the day of the arrest must be included in the computation of time.”

    After referring to the section in the old and new Bankruptcy Acts the learned Judge observed as follows:

    “I do not feel disposed, however, to revert to the common law principle unless the law clearly compels me to do so, because it is much more convenient to have one rule of computation of the in bankruptcy, and it is not readily to be assumed that the legislature intended to establish two rules.”

    Lord Esher, M.R, on appeal observed as follows:—

    “No general rule exists for the computation of time either under the Bankruptcy Act or any other statute, or, indeed, where time is mentioned in a contract and the rational mode of computation is to have regard in each case to the purpose for which the computation is to be made. Notwithstanding the elaborate array of authorities which have been cited to us they seem on being sifted to contain no binding rule to the effect that time must be computed according to a hard and fast rule; that seems clear from the judgment in Lester v. Garland in which Sir William Grant after a learned examination of the whole subject laid down what I conceive to be the wholesome view that no general rule exists. A great deal of difficulty has been caused in the administration of the law and particularly of the common law by decisions in which technical rules have been formulated which were not true—that is, were not in accordance with the facts of the case. To say that by the common law a part of a day is the whole of a day is to say something which is contrary to the truth; it is a technical rule which was imposed upon the law with the result of bringing the law into disrepute. It is immaterial whether those older decisions were right in the particular cases; if they, or any of them, laid down any general rule as to the mode of computing time, that rule has been departed from in recent times and no longer exists.”

    A.L Smith, L.J, observed:

    “It is contended that the old authorities show that formerly when time had to be computed from the doing of an act, the first day—that is, the day on which the act was done—was included and that the rule is applicable to the present case. But it has been shown from subsequent cases that there is no such universal rule and that in the reckoning of time each case must depend on its own circumstances and subject matter and for this I need only refer to the judgment of Sir William Grant in Lester v. Garland, to that of Kelly, C.B, in Isaacs v. Royal Insurance Company, and of Chitty, J., in In re Railway Sleepers Supply Company.

    Rigby, L.J, observed as follows:

    “It is said that the law takes no account of fractions of a day; but that is not a correct statement, for it means that the law will never enquire at what time a particular event took place; for instance, a difference of five minutes in the registration of two deeds in the Meddlesex Registry would he sufficient to determine a question of priorities, and the time of their respective registration will, as a matter of course, be looked at. If the doctrine is cut down to the proposition that in the computation of time the law takes no account of fractions of a day, then it means one of two things; either that the fraction of a day is to be taken as a whole day or that it is to be excluded altogether from the calculation; it does not help us to determine in any particular case whether the part is to be left out or kept in. It was contended before us and it seems at one time to have been thought to be law that where a fact or event was mentioned from which a given period of time was to be reckoned the Court was bound to reckon the portion of the day on which the act was done as though it were a whole day and to reckon it as the first day of the period. That doctrine underwent a thorough examination in Lester v. Garland, at the hands of Sir William Grant who considered the cases in which the first day had been included or excluded and came to the conclusion (which I think was inevitable) that there was no general rule on the subject. His own view was that if there were to be a general rule it ought to be one of exclusion as being more reasonable than one to the opposite effect. His classification of the cases shows that where the calculation is in favour of a person, the construction should be adopted which is more favourable to him …. In my opinion although Sir William Grant did not put the proposition in so many words, his judgment leads us to the conclusion that the question whether the day on which the act is done is to be included or excluded must depend on whether it is to the benefit or disadvantage of the person primarily interested.”

    The law is thus stated in Halsbury's Laws of England, Vol. 27, page 446:

    “Expressions such as ‘from such a day’ or ‘until such a day’ are equivocal since they do not make it clear whether the inclusion or exclusion of the named day be intended. As a general rule however the effect of defining a period in such a manner is to exclude the first day and include the last day.”

    I may also refer to Stroud's Judicial Dictionary where it is stated “from” is much akin to “after” and when used with reference to computation of time, for example, from a stated day, prima facie excludes “the day of the date.” In Wharton's Law Lexicon it is stated that the word “from” ordinarily excludes the day from which the time is to be reckoned but is construed inclusive of that day if the context requires it. Sidebotham v. Holland, was referred to by the Advocate-General as showing that the words “at”, “on”, “from” and “on and from” have the same meaning. That case turned upon the date of commencement of a tenancy and all that Lindley, L.J, held in that case was that the words “at”, “on”, “from” and “on and from” were, for the purpose of considering the validity of a notice, equivalent expressions and the learned Judge observed that any distinction between them for such a purpose as that was far too subtle for practical use. I do not think that it is authority for holding that where-ever these words are used they have the same meaning. Tomlinson v. Bullock, referred to turned on the construction of section 3 of the Bastardy Act 35 and 36, Vic.; Ch. 65, which runs as follows:

    “Any single woman who may be delivered of a bastard child after the passing of this Act”, etc.

    It was held that the Act came into immediate operation and that order on application may be made in respect of a child born at any time of the day on the 10th August 1872, when the Act received the Royal assent. Lush, J., was of opinion that the Act was not intended to deprive the mother of a child born on the day on which it was passed of all remedy against the putative father, that it intended to substitute another remedy for that which it took away, and that if that intent can be effectuated without violence to its language it is the duty of the Court to so construe the Act as to carry out that intention. The case proceeded on considerations as to the intention of the legislature and of the hardships that would be caused to the mother and bastard. I do not think it is authority for the proposition that the use of the word “from” invariably includes the first day. The law as laid down by the more recent decisions being that there is no universal rule and that in the reckoning of time each case must depend upon its own circumstances and subject matter, there is no reason to hold that the exclusion of the first day where the word “from” is used is only to be in cases where there are two termini, as contended for by the Advocate-General. His main argument was that the rule of the common law being that “from” is to be included for the computation of time, that the law would not take notice of fractions of a day, and that the authorities only made an exception where there were both termini, the common law rule ought to be applied in this country so as to include the first day whenever the word “from” is used. The common law rule, if there was any such hard and fast rule, as contended for by the Advocate-General, has not been applied in a series of recent decisions, the test laid down being whether the inclusion or exclusion would be just or equitable or would be in accordance with the intentions of the parties having regard to the circumstances and subject matter of each case. I do not think that the rules of English Common Law based as many of them are on a system of jurisprudence and on considerations so different should be applied to this Court unless necessary for the ends of justice. It has not been held in any case that the English Common Law applies to this country. The rules of equity and good conscience are by the Civil Courts Act to govern cases not covered by Hindu and Muhammadan Laws. The rule that the law will not take notice of fractions of a day has been used for the purpose of excluding the first day in cases where the inclusion would work hardship and I do not think there is any reason for including the day where an act is said to be done from a day and excluding the day where an act is said to be done from a day to another day. A number of days beginning with a fixed date is still a series of days and they do not cease to be a series simply because they are to go on indefinitely. It is argued that the exclusion is necessary when there are two termini because if one day is given for the doing of an act the law would be reduced to an absurdity. But it has always been recognized even in the older decisions that the word “from” would exclude the first day, if otherwise it would lead to an absurdity and that though the law does not in general take notice of fractions of a day, yet it admits it if necessary. This was recognized as early as Combe v. Pitt. If the rule is that “from” includes or excludes the first day according to the context and the intention of the parties, it would necessarily exclude the first day when there are two termini and one day given and there is no necessity for having two rules of construction according as there are one or two termini.

    Applying the law as laid down in the previous cases to the facts of the present case, we have to see whether the 5th of May 1922 is to be included or excluded. I might, in this connexion, state that I do not think that the principles which govern, or the devices which are resorted to, by the executive for the purpose of raising money by taxation ought to have any weight with us in determining whether the date of publication is to be included or excluded. I do not think the High Court is part of the tax-gathering machinery of the Government or has any concern with the consequences to the Government of their decision on the construction of the rule. The rule, I take it, was passed by the Judges of the High Court in the exercise of the powers entrusted to them to control the administration of justice and the fees were raised because in the opinion of the Judges it was just, and proper that litigants ought to pay more for the benefits which they derive by resorting to the jurisdiction of the High Court. The notification expressly states that it is to have effect from the date of publication, the object of the publication being that the public ought to have notice that the fees were being raised so that they might know exactly what they were in for when they resorted to the High Court for justice. The notification, as I have already said, was (as appears from a note of the Deputy Registrar) received in the High Court at 5 p.m, the office closing at 5 p.m It seems to me that the litigants who filed plaints before they or even the office had knowledge of the publication of the rule did what was perfectly valid under the old rules and they presented the plaints with Rs. 30 stamp irrespective of the value of their claim. A person who files a plaint which is properly stamped and which is in order at the time of presentation is entitled to have his plaint admitted on presentation though as a matter of convenience the office receives the plaints and admits them at the end of the day or later on. There seems to me to be very little justice or equity in directing that persons who have done what was perfectly a legal and valid act at the time should pay a court-fee which is much higher simply because a notification was received at the close of the day making the higher fees chargeable from the date of the notification. It may well be that if those persons had notice that instead of Rs. 30 they had to pay at least Rs. 150 and a maximum that would range according to the value of their claim, they might rather have compromised with the other side or might have had resort to other proceedings like arbitration for settling their claims. I can find nothing to justify charging people, who filed their plaints on that day without knowledge of the notification which only reached the High Court at 5 p.m with the higher fees in respect of plaints filed during the course of the day.

    Having regard to all the facts and circumstances of the present case, I think that, if the law is that there is no hard and fast rule in deciding whether the word “from” is inclusive or exclusive of the date of notification and that each case must depend upon its own circumstances and subject matter, justice and equity demand that the date of the notification ought to be excluded. I would therefore direct that all the plaints received on the 5th of May 1922 be stamped with Rs. 30.

    N.R

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    Court Fees, In Re
    (Oct 31, 1922)