SILCHAR MUNICIPAL BOARD Vs. RAKHAL CHANDRA ROY
HIGH COURT OF GAUHATI
SILCHAR MUNICIPAL BOARD
RAKHAL CHANDRA ROY
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P.K.GOSWAMI, J. -
(1.) THE above application for special leave to prefer an appeal Under Section 417 (3) of the Code of Criminal Procedure was filed two days beyond time. An application for condonation of the delay Under Section 5 of the Limitation Act 1963 (Act No. 35 of 1963) was filed. This application is resisted by the respondent.
(2.) THE question that arises for consideration is whether Section 5 of the Limitation Act can be invoked in an application for special leave Under Section 417 (3), in view of the provisions of Sub -section (4) of Section 417 of the Code of Criminal Procedure. 4, Section 417 (4) reads as follows:
No application under Sub -section (3) for the grant of special leave to appeal from an order of acquittal shall be entertained by the High Court after the expiry of sixty days from the date of that order of acquittal.
It is submitted that Sub -section (4) is a bar to entertainment of an application for special leave Under Section 417 (3) beyond the period of sixty days. In this connection, we have to turn our attention to Section 29(2) of the Limitation Act, which may be quoted:
Where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed by the Schedule, the provisions of Section 3 shall apply as if such period were the period prescribed by the Schedule and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law, the provisions contained in Sections 4 to 24 inclusive shall apply only in so far as, and to the extent to which, they are not expressly excluded by such special or local law.
Prior to the amendment of the Limitation Act in 1963, Section 5 was specifically excluded Under Section 29 (2) (b) of the old Act. Under Section 29 (2) of the amended Act, it appears that Sections 4 to 24 shall apply under the following conditions:
(1) where any special law prescribes a period of limitation different from that prescribed by the Limitation Act; and (2) if the special law has not expressly excluded the application of the provisions of Sections 4 to 24 of the Limitation Act.
(3.) IT is submitted on behalf of the respondent that the Limitation Act has not prescribed any period of limitation for an application for special leave to appeal and therefore there is no period therein different from that prescribed by the local law.;
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