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...days from the date of election of the returned candidate. The respondent contended that in view of Section 9 of the General Clauses Act, 1897, the election petition was filed in time. The plea of the...RP Act, 1951, Section 9 of the General Clauses Act, 1897 has no application and it was argued that the mandate of Section 81 of the RP Act provides that the election petition sho...days of the date of election and not a single day beyond that, whereas the learned counsel for the respondent contended that Section 9 of the General Clauses Act, 1897 is applicable and the date of...
...applicability of the principle underlying Section 12(1) Limitation Act and Section 9, General Clauses Act, with the result that the date from which the period o...held that the expression “within 15 days” occurring in Section 12-A of the Bihar and Orissa Motor Vehicles Taxation Act, 1930, means 15 clear days, which would necessarily...several decisions. In Kashi Nath Pande v. Shibban Lal Saxena, AIR 1959 All 54, it was held that when Section 110(3)(c) of...
...facts, we must quote Section 138 and Section 142 of the NI Act. We must also quote Sections 12(1) and (2) of the Limitation Act, 1963 and Section 9 of the General Clauses ..., sentence or order appealed from or sought to be revised or reviewed shall be excluded.”8. Section 9 of the General Clauses Act, 1897 reads as under...Section 9 of the General Clauses Act, 1897. This Court further observed that there is no reason for not adopting the rule enunciated in Haru Das Gupta...
...excluded by the provisions of the Act.13. Section 9 of the General Clauses Act, 1897 provides that in any Central Act, when the word “from” is used to ref...) of the Limitation Act, 1963 and Section 9 of the General Clauses Act, 1897. Consequently, the three months should be calculated from 13-11-2007 and would expire on 12-2-2008. Thirty days from 12....2. A petition under Section 34 of the Arbitration and Conciliation Act, 1996 (“the Act”, for short) was filed by the appellant on 11-3-2008, challenging the arbitral award. The petition was...
...the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as the Act), is to be excluded as per Section 9 of ...2006 (1) P.L.R 290, has held that in view of Section 9 of General Clauses Act, while counting the...period of notice under Section 19(2) of the Punjab Panchayati Raj Act, first day of the notice and last day of the notice have to be excluded.In the present case...
...some significance to notice that in terms of Section 9 of the General Clauses Act, 1897, whereupon reliance has been placed by the High Court, the statute is required 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 departure made from the provisions of Section 9 of the General Clauses Act by Parliament...intimation from the bank. If Section 9 of the General Clauses Act is not applicable, clause (b) of the proviso appended to Section 138 of the Act was required to be complied with by the r...
...According to the provisions of section 9, General Clauses Act, it has to be excluded, 6th July, 1980 has also to be...excluded under section 10 of the General Clauses Act being Sunday. After excluding 6th January and 6th July, 1980, the claim...Milap Chandra, J.:— This appeal has been filed under section 110-D, Motor Vehicles Act, 1939...
...the provisions of the limitation act were not attracted, nevertheless the attention of the Appellate Court was not drawn to Section 9 of the General Clauses Act. In ...which copies are sent….” file an appeal. The word used in this Section 6, on which emphasis has to be laid is “from”. Section 9(1) of the General Clauses Act clearly pro.... Section 9 of the General Clauses Act was clearly applicable to the present case and the effect of the same would be that...
...and the General Clauses Act significantly indicates that the period of limitation has to be reckoned from the date on which the cheque or instrument was drawn. The words “from” and “to” employed in Section ...the General Clauses Act are evidently clear that in cases where there is an ambiguity or suspicion with reference to the date of commencement of period of limitation in any Act or special enactment, the words ‘from...following words:“14. … ‘3. … A comparative study of both the sections in the Act and the General Clauses Act significantly indicate that the period of limitation has to be reck...
...enacting in Act 31 of 1948 a proviso like the one enacted in the Cotton Cloth and Yarn (Control) Order, 1945, or by use of language similar to the one used in Section 9 of the Bombay General Clauses ...to those areas the provisions of the Act in spite of the application of the provisions of Section 25 of the Bombay General Clauses Act. In our judgment, the construction placed by the High Court on...the language of Section 15 is erroneous and full effect has not been given to its provisions or to the provisions of Section 25 of the Bombay General Clauses Act. We think on a true construction of...
...sub-section (2) for appeal, revision or review. The same principle is also incorporated in Section 9 of the General Clauses Act, 1897 which, inter alia, provides that in any Central Act m...complaint is filed within one month of the date on which the cause of action arises. A month is to be reckoned according to the British calendar as defined in the General Clauses Act, 1897. The question...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...
.... Section 9 of the Act says that the requisite material shall be placed before the Board, "within thirty days from the date of detention under the order." In the commencement of this period of thirty days, the date of the d...days' period prescribed by Section 9, Preventive Detention Act, 1950, is governed by ...Section 9, Preventive Detention Act, 1950 is sufficiently com-, plied with if the material referred to therein is handed over in the office ...
...Section 9 of General Clauses Act the first day would be excluded while calculating the period of limitation. He also reite...months of the date of issue of any document”. Section 9 of the General Clauses Act, 1897 stipulates that ordinarily...
...provisions of Section 9 of the General Clauses Act, 1868 (sic) would squarely apply to the facts of their case. Under this...the last day is to be included. The WRB further held that according to the Section 9(2) of the General Clauses Act, 1868 (sic), Section 9 thereof is applicable ...does not provide for exclusion of the date of payment of duty by reason of the provisions of Section 9 of the General Clauses ...
...Section 25 NI Act and Section 10 General Clauses Act supra is not the issue herein to discuss further but for ...days but within six months or within thirty days or within fifteen days. Once such is the case, invoking section 9 of the General .... section 9 of the General clauses Act, 1897 reads that: Section 9 Commencement and ter...
...Section 9 of the General Clauses Act.3. Reliance is placed on the judgment of the Kerala High Court in the ..., Section 9 of the General Clauses Act reads as under:—“9(1). In any Central Act or Regul...Section 9 of the General Clauses Act, the application would be in time. The Counsel for the petitioners has rightly placed...
...any court regarding the bearing of Section 10 of the General Clauses Act on the period prescribed in Section 75 of the Fac...Section 10 of the General Clauses Act (II of 1072) a complaint filed beyond the six months' period prescribed in S. 75, but on the ...the General Clauses Act governed the three months' period in S. 9(1)(c) held that the complaint filed on the next working day of the Court after the expiration of the six months' period was a good...
...Section 9 of General Clauses Act, 1987. The appeal was filed within time therefore the Commissioner wrongly dismissed the .... Counsel that as per General Clauses Act, 1987, the appeal was filed within time. Even if it is assumed that there is a delay of 1 day the Commissioner (Appeals) is well within...filing the appeal without going into the merit. As per Section 35 the period for filing the appeal is 60 days and another 30 days as provided within the condonable period. As per the Commissioner (Appeals...
...held that in view of Section 9 of General Clauses Act, while counting the period of notice under...Section 19(2) of the Punjab Panchayati Raj Act, 1994.Learned counsel for the petitioner vehemently argued that no notice has ever been served on the petitioner...Section 19(2) of the Punjab Panchayati Raj Act, first day of the notice and last day of the notice have to be excluded. As per the dictum of the Division Bench (supra), 11.08.2010 and 18.08.2010...
...Section 9 of the General Clauses Act, 1897, more specifically, clause 9(1) which specifically denotes in any Cent...the facts of this case because what has been decided is that Section 9 of the General Clauses Act is applicable to...Section 9 of the General Clauses Act are squarely applicable to the facts of the case. Under Section 9 o...