STATE OF UTTAR PRADESH versus MAHARAJ NARAIN AND OTHERS

STATE OF UTTAR PRADESH versus MAHARAJ NARAIN AND OTHERS

In computing limitation for appeal under s. 12(2) Limitation Act, the time taken to obtain the particular copy produced with the memorandum of appeal should be excluded, not the time taken for other copies or a hypothetical minimum period. The law does not impose an obligation on the appellant to be maximally...

Source-derived case information.

Parties
Appellant: State of Uttar Pradesh; Respondents: Maharaj Narain and Others
Jurisdiction
India
Judgment Date
30 January 1968
Procedural Posture
Criminal Appeal / Supreme Court Appeal by Certificate From Order of Allahabad High Court
Outcome
Appeal dismissed
Legal Topics
Computation of Limitation for Appeals, Interpretation of 'time Requisite' Under S. 12(2) Limitation Act
Limitation Law Criminal Procedure Computation of Limitation for Appeals Interpretation of 'time Requisite' Under S. 12(2) Limitation Act

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Parties

State of Uttar Pradesh

Appellant

Maharaj Narain and Others

Respondents

Procedural Posture

Criminal Appeal / Supreme Court Appeal by Certificate From Order of Allahabad High Court

Legal Issues

  1. 1 What is the meaning of 'time requisite for obtaining a copy of the order appealed from' in s. 12(2) of the Limitation Act, 1908?
  2. 2 Whether time for obtaining later copies is relevant for computing limitation?

Ratio Decidendi

In computing limitation for appeal under s. 12(2) Limitation Act, the time taken to obtain the particular copy produced with the memorandum of appeal should be excluded, not the time taken for other copies or a hypothetical minimum period. The law does not impose an obligation on the appellant to be maximally prompt; only actual court processing time for the copy sought and filed is relevant.

Court Disposition

Appeal dismissed

Orders

  • No interference with the High Court's order dismissing the appeal; appeal on merits not pressed.