VIDYACHARAN SHUKLA versus KHUBCHAND BAGHEL AND OTHERS

VIDYACHARAN SHUKLA versus KHUBCHAND BAGHEL AND OTHERS

Section 12(2) of the Limitation Act, 1908, applies to appeals to the High Court under s. 116-A of the Representation of the People Act, 1951, for the purpose of computing limitation, as the Representation of the People Act does not expressly exclude its operation. Thus, time taken for obtaining a copy of the Tribunal's order is deductible, and the appeal in the present case was within limitation.

Parties
Appellant: Vidyacharan Shukla; Respondents: Khubchand Baghel and others
Jurisdiction
India
Judgment Date
20 December 1963
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Order of the Madhya Pradesh High Court in 1st Appeal No. 23 of 1963
Outcome
Appeal dismissed with costs.
Legal Topics
Computation of Limitation Period, Exclusion of Time in Calculation of Limitation, Appeal Under Representation of the People Act, 1951, Interpretation of Limitation Act Provisions
Election Law Limitation Law Computation of Limitation Period Exclusion of Time in Calculation of Limitation Appeal Under Representation of the People Act, 1951 Interpretation of Limitation Act Provisions

Case Brief

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Parties

Vidyacharan Shukla

Appellant

Khubchand Baghel and others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Order of the Madhya Pradesh High Court in 1st Appeal No. 23 of 1963

Legal Issues

  1. 1 Whether in computing the period of limitation for filing an appeal to the High Court under s. 116-A of the Representation of the People Act, 1951, the time for obtaining a copy of the order can be excluded under s. 12 of the Limitation Act, 1908.
  2. 2 Whether s. 29(2)(a) of the Limitation Act applied to cases of appeals preferred under s. 116-A.

Ratio Decidendi

Section 12(2) of the Limitation Act, 1908, applies to appeals to the High Court under s. 116-A of the Representation of the People Act, 1951, for the purpose of computing limitation, as the Representation of the People Act does not expressly exclude its operation. Thus, time taken for obtaining a copy of the Tribunal's order is deductible, and the appeal in the present case was within limitation.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs as proposed by the court.