SAKETH INDIA LTD. AND ORS. versus INDIA SECURITIES LTD.
The period of one month for filing a complaint under Section 138 of the Negotiable Instruments Act is reckoned by excluding the day on which the cause of action arises; applying this, the complaint filed on 15.11.1995 is within time.
- Parties
- Appellant: Saketh India Ltd.; Appellant: Others; Respondent: India Securities Ltd.
- Jurisdiction
- India
- Judgment Date
- 10 March 1999
- Procedural Posture
- Criminal Appeal / Appeal From Judgment and Order Dated 25.9.97 of Karnataka High Court in Crl.a. No. 2152 of 1996
- Outcome
- Appeals dismissed
- Legal Topics
- Negotiable Instruments Act, Limitation, Computation of Limitation Period, Dishonour of Cheque
Case Brief
Summary, issues, holding and outcome
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Parties
Saketh India Ltd.
Appellant
Others
Appellant
India Securities Ltd.
Respondent
Procedural Posture
Criminal Appeal / Appeal From Judgment and Order Dated 25.9.97 of Karnataka High Court in Crl.a. No. 2152 of 1996
Legal Issues
- 1 Whether the complaint filed under Section 138 of the Negotiable Instruments Act was within the limitation period prescribed under Section 142(b) of the Act
Ratio Decidendi
The period of one month for filing a complaint under Section 138 of the Negotiable Instruments Act is reckoned by excluding the day on which the cause of action arises; applying this, the complaint filed on 15.11.1995 is within time.
Court Disposition
Appeals dismissed
Orders
- Complaint filed on 15.11.1995 considered within limitation period under Section 142(b) of the Negotiable Instruments Act.
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