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Limitation Act cannot be invoked in Special Acts

Raj Kumar Makkad ,
  01 May 2010       Share Bookmark

Court :
Supreme Court of India
Brief :
Electricity - Condonation of delay - Sections 5 and 29(2) of Limitation Act, 1963 and Section 125 of Electricity Act, 2003 - Whether Section 5 of the Limitation Act, 1963 can be invoked by this Court for allowing the aggrieved person to file an appeal under Section 125 of the Electricity Act, 2003 after more than 120 days from the date of communication of the decision or order of the Appellate Tribunal for Electricity?
Citation :
Chhattisgarh State Electricity Board v. Central Electricity Regulatory Commission and Ors. (Decided on 15.04.2010) MANU/SC/0252/2010


Held, Electricity Act is a special legislation within the meaning of Section 29(2) of the Limitation Act, which provides that where any special or local law prescribes for any suit, appeal or application a period of limitation different from the one prescribed by the Schedule, then such period prescribed by special or local law were the period prescribed by the Schedule. The expression `within a further period of not exceeding 60 days' in Proviso to Section 125 of Electricity Act makes it clear that the outer limit for filing an appeal is 120 days. No provision in the Act under which this Court can entertain an appeal filed against the decision or Order of the Tribunal filed after more than 120 days. Any interpretation of Section 125 of the Electricity Act which may attract applicability of Section 5 of the Limitation Act read with Section 29(2) thereof will defeat the object of the legislation providing special limitation for filing an appeal against the decision or order of the Tribunal and proviso to Section 125 will become nugatory. Thus, Section 5of the Limitation Act cannot be invoked by the present Court for entertaining an appeal filed against the decision or order of the Tribunal beyond the period of 120 days specified in Section 125 of the Electricity Act and its proviso. Appeal dismissed.



 


 
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Published in Civil Law
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