limitation law

Guest (Querist) 20 December 2010 This query is : Resolved
If an application for certified copy of a judgment is filed after 45 days of pronouncement by high court, how will the limitation be counted for SLP, i.e. by the date of judgment or recieving of certified copy?

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adv. rajeev ( rajoo ) (Expert) 20 December 2010
For this you refer calculation of limitation in the article column.

Advocate. Arunagiri (Expert) 20 December 2010
From the date of receiving the certified copy.

Parveen Kr. Aggarwal (Expert) 21 December 2010
For counting the limitation period, you can add the period from the date of application for certified copy till the date of preparation of certified copy, in addition to the normal limitation period for filing SLP from the date of Judgment.

M V Gupta (Expert) 21 December 2010
Generally the period of limitation for filing an appeal/SLP starts from the date of the judgement. The time taken for the preperation and issue of the certified copy is excluded. However if you have filed the application for the certified copy after expiry of the limitation period then u are time barred for filing the appeal/SLP. But you can still file the SLP along with application for condonation of delay, which application should furnish justifiable reasons for the delay.

ashish lal (Expert) 21 December 2010
agree with Mr. M V Gupta.

Swami Sadashiva Brahmendra Sar (Expert) 22 December 2010
It is 90 days from the date of judgment. Days from date of application to date of preparation of certified copy shall be deducted while counting 90 days.

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