Cheque bounce court transfer

legal Practitioner

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   
 

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.

 
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Advisory/Advocacy

Hi

 

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

 

 

Regards

Chetan

 
Reply   
 
legal Practitioner

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

 
Reply   
 

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.

 
Reply   
 

 

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.

as per this judgement case should be filed within 30 days of its return. therefore delay in such is not condone.

 

 
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