Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
General Rule for Computing Time Periods - When calculating periods exceeding six days, Sundays and public holidays are included unless explicitly specified otherwise. For periods of six days or less, Sundays and holidays are typically excluded.
WIJEYESEKERE v. COREA
,HUSSAIN vs ABDEEN
,NALLAN v. OSSEN
,NANAYAKKARA and another vs PAIVA
, 2022 Supreme(SRI)(CA) 572Exceptions Based on Specific Legislation - Certain statutes or ordinances, such as the Holidays Ordinance or specific Acts like the Holidays Act No. 29 of 1971, may specify whether public holidays and Poya Days are to be excluded from computation. For example, the Holidays Ordinance generally treats specified days as non-working days, affecting calculation.
HUSSAIN vs ABDEEN
, 2025 Supreme(SRI)(SC) 9913Case Law on Inclusion/Exclusion of Sundays and Holidays - Courts have varied rulings:
WIJEYESEKERE v. COREA
,HUSSAIN vs ABDEEN
NALLAN v. OSSEN
, 2023 Supreme(SRI)(SC) 20792In some cases, courts have held that Sundays and public holidays should be excluded when the law expressly states so, especially for periods of six days or fewer.
NANAYAKKARA and another vs PAIVA
, 2022 Supreme(SRI)(CA) 572Specific Time Limits and Their Computation:
KANDASAMYTHEWAR v. CASSIM
When the last day of the period falls on a Sunday or holiday, the act or filing is considered timely if done on the next working day, unless the law states otherwise.
WIJEYESEKERE v. COREA
,NALLAN v. OSSEN
Summary of Main Insight:
References:-
WIJEYESEKERE v. COREA
-HUSSAIN vs ABDEEN
- 2025 Supreme(SRI)(SC) 9913-NALLAN v. OSSEN
- 2023 Supreme(SRI)(SC) 20792-NANAYAKKARA and another vs PAIVA
- 2022 Supreme(SRI)(CA) 572
Imagine receiving a cheque dishonor notice—time is ticking for your Section 138 complaint under the Negotiable Instruments (NI) Act. But what if Sundays or holidays fall within that crucial 30-day period? A common question arises: The Period of 30 Days in Filing Case under NI Act: Sundays and Holidays are Excluded or Included?
This uncertainty can lead to dismissed cases if miscalculated. In this post, we break down the legal principles, key judgments, and practical tips to help you navigate the limitation period accurately. Note: This is general information based on case law and not specific legal advice. Consult a lawyer for your case.
Section 138 of the NI Act addresses cheque dishonour, requiring the payee to send a demand notice within 30 days of dishonour. The drawer must pay within 15 days of receiving the notice. If unpaid, the payee has 30 days from the expiry of that 15-day notice period to file a complaint.
The cause of action typically arises the day after the notice period ends. But computing this 30-day window raises questions about non-working days like Sundays and public holidays.
Under the Limitation Act, 1963 (Section 12), the day the cause of action arises is excluded. The period runs inclusively, including the last day, unless it falls on a holiday.
For NI Act complaints:- The day of cause of action (e.g., cheque dishonour or notice expiry) is excluded
Dr. Premish Verma VS Lokesh Sharma - Dishonour Of Cheque (2007)
2017 0 Supreme(Gau) 1560 2007 0 Supreme(Chh) 610.- Remaining days are counted, but nuances apply to Sundays and holidays.Several High Court and Supreme Court judgments clarify that Sundays and gazetted holidays for which wages are not paid cannot be counted in the 30-day period. This stems from the principle that only days when the complainant could reasonably act (i.e., working days with wages) are included
Poornasree Agencies VS Universal Enterprises - Crimes (1995)
2022 0 Supreme(Del) 235 2017 0 Supreme(HP) 509.For instance:- Days for which wages are not paid, including Sundays and gazetted holidays, cannot be counted towards the 30-day limitation period for filing a complaint under Section 138
Poornasree Agencies VS Universal Enterprises - Crimes (1995)
.If the cheque dishonours on a holiday, the limitation starts from the next working day2022 0 Supreme(Del) 235.
Conversely, if employment or contract terms treat Sundays/holidays as paid working days, they may be included2006 0 Supreme(Cal) 616 2019 0 Supreme(Mad) 1927.
From broader sources:- The Sundays and paid holidays were required to be included while calculating 240 days 2017 0 Supreme(UK) 97.- However, in service matters: During this period, 18 days were Sundays and 7 days were gazetted holidays... If gazetted holidays and Sundays are excluded, the excess leave... would only be of 24 days 2024 Supreme(Online)(DEL) 998.
Courts have consistently held that unpaid Sundays and holidays are excluded from the 30-day complaint filing period
Poornasree Agencies VS Universal Enterprises - Crimes (1995)
2022 0 Supreme(Del) 235 2017 0 Supreme(HP) 509. The last day is included unless it's an unpaid holiday, in which case extend to the next working day.While NI Act cases emphasize exclusion for unpaid days, general computation rules provide context:
WIJEYESEKERE v. COREA
HUSSAIN vs ABDEEN
NALLAN v. OSSEN
.WIJEYESEKERE v. COREA
.NANAYAKKARA and another vs PAIVA
2022 Supreme(SRI)(CA) 572.WIJEYESEKERE v. COREA
NALLAN v. OSSEN
.HUSSAIN vs ABDEEN
2025 Supreme(SRI)(SC) 9913.Garhwal Jal Sansthan VS Puran Chand - Consumer
.BOYAGODA v. MENDIS et al.
.These align with NI Act precedents favoring exclusion of non-paid days, especially since complainants (often businesses) may not operate on such days.
Dr. Premish Verma VS Lokesh Sharma - Dishonour Of Cheque (2007)
.Poornasree Agencies VS Universal Enterprises - Crimes (1995)
2022 0 Supreme(Del) 235.Example: Notice expires Jan 1 (excluded). If Jan 5-11 includes 2 Sundays (unpaid), count only 5 days towards 30. File by ~Feb 8 (adjusted).
| Aspect | General Rule under NI Act ||--------|---------------------------|| Day of Cause of Action | Excluded
Dr. Premish Verma VS Lokesh Sharma - Dishonour Of Cheque (2007)
|| Unpaid Sundays/Holidays | ExcludedPoornasree Agencies VS Universal Enterprises - Crimes (1995)
2022 0 Supreme(Del) 235 || Paid Holidays | May be Included2019 0 Supreme(Mad) 1927 || Last Day on Holiday | Extend to Next Working Day |Conclusion: Sundays and holidays are generally excluded from the NI Act's 30-day filing period, particularly if unpaid, per dominant case law
Poornasree Agencies VS Universal Enterprises - Crimes (1995)
2022 0 Supreme(Del) 235 2017 0 Supreme(HP) 509. However, inclusions apply under specific terms, and general rules include them for longer periods unless stated otherwiseWIJEYESEKERE v. COREA
. Always compute meticulously to safeguard your cheque bounce claim.Disclaimer: This overview draws from judgments like 2022 0 Supreme(Del) 235
BOYAGODA v. MENDIS et al.
and is for informational purposes. Seek professional legal counsel for tailored advice. #NIAct, #ChequeBounce, #LegalLimitationThe position, therefore, is this: that where the period exceeds six days, public holidays and Sundays are included. This is in fact the usual rule of interpretation, for Sundays and public holidays are never excluded unless there is special mention of the fact. ... He referred to the exclusion of Sundays in certain cases, but that....
In the computation of time, within which an act is to be done or a proceeding taken, it is only if the limited period does not exceed 6 days, that intervening Sundays and public holidays are to be excluded. ... First, he points out that the period includes one public holiday, July 31, and three Sundays, namely, August 1, 8, and 22. He claims that th....
declared under the Holidays Act No. 29 of 1971 (“Holidays Act”) such as Christmas and Thai Pongal are not included as dates to be excluded when computing time for purposes of Section 6(1) of the Act, it would tantamount to a breach of the duty cast on the State to protect the ... According to the English text, Sundays and Public Holidays#HL_E....
The rule as to these is that the first day is excluded from computation, while all Sundays and holidays are included, and that the last day is also included, but that if it shall fall on a Sunday the party is allowed to do the act on the next Court day. ... They followed the ruling of the Full Court in the case of Caste Lebbe v. Idroos Lebbe Marikar reported in 9 ....
The Legislature has farther provided that in the ascertainment of that period the day upon which the judgment was pronounced shall be excluded, and that 19M. there shall also be excluded the day when the petition is presented and Sundays, and public holidays. ... It is well settled law that in a case where a number of clear days is allowed for the doing of an #HL_....
During this period, 18 days were Sundays and 7 days were gazetted holidays, working out to a total of 25 days. 7. ... If gazetted holidays and Sundays are excluded, Mr. Mahapatra submits that the excess leave availed by the petitioner, would only be of 24 days. 5. ... He points out that, in arriving at the f....
The Court of Appeal then proceeded to hold that Sundays and public holidays should not be excluded when calculating the said period of 14 days referred to in section 86(2) of the Civil Procedure Code. ... of 14 days had expired, on the ground that intervening holidays had to be excluded. ... also contain identical time-limit (14-day period#H....
The former is a case on this very form of summons and it has been held that Sundays and Public Holidays are not excluded in the computation of the seven days. ... and Public Holidays should be excluded. ... J., dissenting), that, in computing the period within which the defendants were required to make an application for leave to appear and defend....
Having regard to the foregoing matter, His Lordship is of the opinion that in the computation on the 60 days set out in Section 755(3), Sundays and public holidays are not to be excluded and should be included in the calculation of the 60-day period. ... , the day on which the petition is presented to Court, and all intervening Sundays and public holidays#HL_....
The fourteen days from the date of the receipt of the record by the Court below should be reckoned inclusive of Sundays and public holidays. It is conceded that if such days be excluded the appeal is in time. ... Appeal-Leave to appeal in Court of Requests' case-Time within which the appeal should be perfected-Sundays and public holidays not #HL_....
The Sundays and paid holidays were required to be included while calculating 240 days. No specific evidence has been led by the employer to rebut the evidence led by the workman. The employer has not placed on record all the copies of the muster rolls w.e.f. 01.05.1989 to 28.06.1990.
However, the aforesaid sanction did not exceed 25 days in one stretch of period under any circumstances and the period of Sundays and holidays were also included in the above period. He was engaged as per the requirement of the department on the basis of specific sanction of muster roll vacancies from time to time. After about five years respondent no.1 sought for a reference and claimed that his services were to be regularized. As the services of the respondent no.1 were no ....
Mr. Mukherjee also relies upon the decision of Workman of American Express International Bank corpn. (supra) to submit that Sundays and other holidays are to be included in counting the actual working days of the respondent No. 3 under the petitioner company.
There was Saturday and Sunday, on which day there is no sitting of the Commission. Therefore, although the period of limitation is 30 days, last 2 days holidays are excluded and also either the date of judgment or date of filing of appeal is excluded, i.e., one day either at this end or that end, the appeal is well within time. The last two days on which there was no sitting are to be excluded for the purposes of limitation. Then on 17.12.2003 there was application for taking....
But perusal of the mutation would not reveal the period of mortgage. Still further, there is no answer to the findings recorded by learned first appellate Court, as extracted in earlier part of the judgment wherein, it is held that original mortgage deed has not seen the light of the day and the learned counsel for the respondents has tried to prove the terms of the mortgage from the copy of the mutation placed on the record, in which, the date of mortgage was given as 5-10-1917. It ....
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