Shailendra (legal Practitioner ) 20 December 2014

Cheque bounce court transfer

URGENT

As per the recent Judgment of Hon. S C in Dashrath Rupsingh

Rathod case file has been returned to present before the

proper court on 21/11. If period of 30 day is calculated

what will it be 20/12 or 21/12.

21/12 is Sunday (The month is of 30 days).

My questions are:

1) What will be the last date of filing in proper court?

2) is the date of 21/11 excluded?

3) Should I have filed the case on 20/12 which is Sat or it

can be filed on Mon 22/12 next working day?

4) Is delay condoned in transfer cases of 138 after 30 days?

Thanks.

Reply Follow

5 Replies

venkat subbaiah (ADVOCATE ASSOCIATE) 21 December 2014

Sir,

As per the limitation Act the day from which the period of limitation starts and the day on which it is are always exclude while counting the limitation period. And if the limitation period ends on Sunday or public holiday then that day is also to be excluded in considering the limitation. delay condonation will be cosidered by courts in a liberal way.

Chetan Joshi (Advisory/Advocacy) 21 December 2014

Please file it on Monday. The days on which courts are closed is not to be counted

Regards

Chetan

Shailendra (legal Practitioner ) 21 December 2014

Venkat Subbaiah and Chetan Joshi Thank you for your time and input.

T. Kalaiselvan, Advocate (Advocate) 26 December 2014

1) What will be the last date of filing in proper court?

It will be 21/12/2014

2) is the date of 21/11 excluded?

Since 21/12/2014being a Sunday, it can be filed immediately on the following working day.

3) Should I have filed the case on 20/12 which is Sat or it can be filed on Mon 22/12 next working day?

Yes it can be fled on Monday, the 22.12.2014.

4) Is delay condoned in transfer cases of 138 after 30 days?

No. The delay in such cases is not condoned.