Condonation of Delay -- Appeal Under Special Statute -- Section 5 Limitation Act applies unless excluded by express language or necessary implication
(i) Limitation Act, 1963, S.5 -- Condonation of Delay -- Appeal Under Special Statute -- Applicability of this provision to an appeal under a special enactment must be decided from the language, object and scheme of that enactment. A distinct limitation period prescribed by the special statute does not by itself exclude condonation of delay; exclusion requires restrictive language such as "but not thereafter" or an outer limit indicating that the prescribed period is absolute. (ii) Limitation Act, 1963, S.29(2) -- Special Statute -- Exclusion of General Limitation Provisions -- Where a special or local law prescribes a limitation period different from the Limitation Act, Sections 4 to 24 continue to apply unless expressly excluded or excluded by necessary implication arising from the statutory scheme.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
