(Querist) 05 December 2019
This query is : Resolved
Judgement pronounced on 27th Oct, 2019.U/Sec 389 of Cr.P.C filed and allowed. On 1st Nov, true copy given. On 1st Nov Copy of Application filed and complied on 01-12-2019. Appeal filed on 7th and allowed by Appellate Court. Now it is coming for 1st appearances. Respondent council claiming that Appeal is not maintainable due to 27th Nov expires 30 days. Need suggestion on governing limitation. From when limitation starts. What about grace period.
SHIRISH PAWAR, 7738990900
(Expert) 06 December 2019
Dear Mr. vijay, Respondent has rightly point out that limitation period expired on 27 Noc. now you have to convince court that your appeal is within in limitation. Regards,
Dr J C Vashista
(Expert) 08 December 2019
Total number of days taken for providing certified copy are to be excluded from limitation. It is advisable to consult a local prudent lawyer for analyses, proper advise and guidance.
Raj Kumar Makkad
(Expert) 10 December 2019
Limitation in the given facts shall expire on 30 November and thus legal point has been raised by the counsel for the opposite party. Why you lawyer had not file an application under section 5 of Limitation Act with the appeal? Generally the same is condoned if there are sufficient grounds for the purpose.