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1960 Supreme(Bom) 17

Y.S.TAMBE, PATWARDHAN, H.K.CHAINANI
Anjanabai Yeshwant Rao – Appellant
Versus
Yeshwantrao Daulatrao Dudhe – Respondent


JUDGMENT - 1. The question referred to the Full Bench is:

"Can the delay on the part of the applicant in making an application under Section 417(3) of the Criminal Procedure Code, for the grant of special leave to appeal from the order of acquittal be condoned under the provisions of Section 5 of the Limitation Act on proper case having been made out?"

Section 5 of the Limitation Act provides as follows:

"Any appeal or application for a review of judgment or for leave to appeal or any other application to which this section may be made applicable by or under any enactment for the time being in force may be admitted after the period of limitation prescribed therefor, when the appellant or applicant satisfies the Court that he had sufficient cause for not preferring the appeal or making the application within such period".

2. On behalf of the respondents, it has been urged that this section does not apply, in view of the provisions of Sub-section (2) of Section 29 of the Act. Sub-section (2) of Section 29 is as follows:

"Where any special or local law prescribes for any suit, appeal or application, a period of limitation different from the period prescribed therefor by the first sched














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