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Calculation of Sunday Holidays and Limitation Act (Section 12)
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Holiday Calculation and Court Holidays
When a deadline falls on a court holiday, such as a Sunday or a court-specific holiday, the period is often extended or calculated considering these days. For instance, in one case, an extended period of 30 days, which included a court holiday (26.12.2003), was considered while computing condonation of delay. The courts generally recognize holidays like Sundays and court holidays in delay calculations, but the specific treatment depends on the context and statutory provisions.
The Senior Superintendent of Post Officers Thirupattur Division VS M. Rafeeque Ahmed - Madras -
Effect of Holidays on Limitation Periods
Section 4 of the Limitation Act clarifies that if the last day of limitation falls on a holiday, the period is not extended automatically unless the court is closed on that day. For example, working on a holiday or the next working day is considered, but the Act does not extend limitation solely because the last day is a holiday unless the court was closed.
Dr. Jayakar Joseph VS B. Raveendra Bose - Madras -
Working on Holidays During Claims
In some cases, working on holidays (like Sundays or weekly offs) during the claim period is recognized, and such days are counted as working days for limitation purposes. The limitation period remains unaffected unless explicitly specified by law.
Rajendranagar Muncipality VS B. V. Perraju - Andhra Pradesh -
Legal Provisions and Rules Regarding Holidays
Rules and statutory provisions, such as Rule 3, Order XXXIX, and specific Acts like the Indian Succession Act, consider holidays in procedural calculations, but often treat them as non-extensions unless the court or law specifies otherwise. When deadlines fall on holidays, courts may grant extensions or treat these as working days depending on the context.
SWAMI VASUDEVANAND SARASWATI DISCIPLE OF SWAMI SHANTANAND SARASWATI VS JAGAT GURU SHANKARCHARYA, JYOTISHPEETH PEETHADESHWAR SRI SWAMI SWAROOPANAND SARASWATI - Allahabad -
Limitations and Exceptions in Specific Laws
For recovery applications under Labour Laws or arbitration proceedings, the absence of counter calculations or the timing of submissions on holidays can influence the limitation period. Courts generally do not extend limitation due to holidays unless explicitly provided.
THE MANAGER, NAAZ CINEMA VS VASANTBEN RAMESHBHAI GHUMADIYAW/D OF RAMESHBHAI RAIJIBHAI GH - Gujarat, THE MANAGER, NAAZ CINEMA vs VASANTBEN RAMESHBHAI GHUMADIYAW/D OF RAMESHBHAI RAIJIBHAI GH - Gujarat
Analysis and Conclusion
- Holidays like Sundays and court holidays are crucial in calculating limitation periods under Section 12 of the Limitation Act.
- The general rule is that if the last day of limitation falls on a holiday, the period is not automatically extended unless the court was closed on that day.
- Working on holidays during the limitation period is recognized, but statutory provisions primarily govern whether such days are counted as effective days for filing.
- Legal provisions and specific case law emphasize that holidays are considered in delay calculations, but extensions depend on whether courts were closed or if law explicitly allows for extension.
References:
- The Senior Superintendent of Post Officers Thirupattur Division VS M. Rafeeque Ahmed - Madras, Dr. Jayakar Joseph VS B. Raveendra Bose - Madras, Rajendranagar Muncipality VS B. V. Perraju - Andhra Pradesh, Shatrushal Singh VS Noor Mohammad - Rajasthan, Chairman of the Board of Trustees of the Port, Visakhapatnam Port Trust, Visakhapatnam VS Gurucharan Singh, New Delhi - Andhra Pradesh, THE MANAGER, NAAZ CINEMA VS VASANTBEN RAMESHBHAI GHUMADIYAW/D OF RAMESHBHAI RAIJIBHAI GH - Gujarat, CONSUMER EDUCATION AND RESEARCH CENTRE VS STATE - Gujarat, SWAMI VASUDEVANAND SARASWATI DISCIPLE OF SWAMI SHANTANAND SARASWATI VS JAGAT GURU SHANKARCHARYA, JYOTISHPEETH PEETHADESHWAR SRI SWAMI SWAROOPANAND SARASWATI - Allahabad, THE MANAGER, NAAZ CINEMA vs VASANTBEN RAMESHBHAI GHUMADIYAW/D OF RAMESHBHAI RAIJIBHAI GH - Gujarat
Search Results for "Sec 12 Limitation Act Suit Filing Calculation of Sunday Holiday"
2010 0 Supreme(Mad) 1957 • India - Madras
C.S.KARNAN
tenant, a postal department, filed a condone delay petition due to unavoidable administrative process delay of 140 days in filing ... Issues: Calculation and explanation of the delay, maintainability of the condone delay petition under Section 25(2) of the ... Act. ... The extended time of 30 days, which comes within the condonable delay period, expired on 26.12.2003, which happened to be a holiday for this Honble Court. The following two days being Saturday and Sunday, the revision p....
2011 0 Supreme(Mad) 1816 • India - Madras
T.MATHIVANAN
have done on a holiday, on the next working day. ... have done on a holiday, on the next working day. ... have done on a holiday, on the next working day. ... Thus, Section 4 of the Limitation Act does not extend the period of limitation. It provides for the contingency when the prescribed period expires on a holiday and the only contingency contemplated is “when the Court is closed’. ... This would even be not so, if notice is taken of the fact that 16th was a #HL_ST....
1995 0 Supreme(AP) 209 • India - Andhra Pradesh
B.K.SOMASEKHARA
The claim was said to be barred by limitation. ... They worked on weekly off days, Sundays, and holidays during the period of claim. ... Section 2 (1) of the Factories Act) for wages (Sec. 2 (h) of the Minimum Wages Act). ... The claim was said to be barred by limitation. ... The former act prescribed the period of limitation for the remedy, whereas the latter Act did not prescribe any period of limitatio....
1959 0 Supreme(Raj) 82 • India - Rajasthan
SARJOO PROSAD, RANAWAT
(c) Municipalities—Rajasthan Town Municipalities Act, Sec. 15—Period prescribed for filing nomination—Rule merely directory and mandatory—Delay ... in filing nomination. ... (a) Municipalities—Rajasthan town Municipal ties Act, Sec. 19(5)—Non-compliance with rules immaterial unless affecting result of ... That day, according to calculation fell on the 8th of December, 1957 which was a holiday. Therefore, there appears to be no reason why the benefit ....
2003 0 Supreme(AP) 1081 • India - Andhra Pradesh
B.SUBHASHAN REDDY, P.S.NARAYANA
Arbitration Act, 1940 – Section 30 – Petitioner Chairman of the Board of trustees of the Port of Visakhapatnam ... P. under Section 30 of the arbitration Act, 1940 – in short, praying for the relief to set aside the award made by sri Gurcharan ... error apparent on the face of the record or serious legal infirmities falling within any one of the ground under Section 30 of the Act ... The learned counsel also had submitted that under article 119 (b) of the Limitation Act, 1963, for setting aside the awar....
2008 0 Supreme(Guj) 197 • India - Gujarat
H.K.RATHOD
Constitution of India - Article 226 and 227 - Industrial Disputes Act, 1947 - Section 33-C-1 - Recovery ... Application - Payment of Wages Act - Claim of wages by workmen's widow - Workman was working in Municipal Corporation not interested ... , no counter calculation is placed on record by the petitioner. ... Therefore, the limitation of Schedule in filing the recovery application before the Labour Court under Section 33(C)(1) and under Section 33(C)(2) are not applicable and Labour Court, similar to ....
1981 0 Supreme(Guj) 81 • India - Gujarat
B.J.DIVAN, N.H.BHATT
admission - Petitioners challenge the validity of a notification issued by the Government of Gujarat under sec. 7 of the Act, 1952 ... discontinuing the Commission which the State Government had appointed under sec. 3 of the Act –Held, In Courts opinion this stay ... but in order to avoid any complications court grant the stay on condition that the State Government issues the notification under sec ... On this application an order was passed on 27/11/1979 by the Commission extending the time for #HL_ST....
2017 0 Supreme(All) 1195 • India - Allahabad
SUDHIR AGARWAL, K.J.THAKER
Rule 3, Order XXXIX, Rule 2, Order XLI, Rule 4—General Rules Civil, 1957—Part C, Chapter III, Rules 40 to 64—Indian Succession Act ... , 1925—Sections 370 and 372—(Indian) Evidence Act, 1872—Section 63—Jyotirmath Shankaracharya—Installation and functioning—Dispute ... as to—Legal determination of—Rival claims—Installation of plaintiff-respondent as Jagatguru Shankaracharya on 7.12.1973—Alleged ... Such calculation is foreign to the appeal between the State of Punjab and Nathu Ram. ... This application was also rejected b....
• India - Gujarat High Court
, no counter calculation is placed on record by the petitioner. ... Therefore, the limitation of Schedule in filing the recovery application before the Labour Court under Section 33(C)(1) and under Section 33(C)(2) are not applicable and Labour Court, similar to appropriate Government, is entitled to entertain the recovery application in respect to claim/subject covered ... The calculation prepared by widow annexed to application, but, no counter calculation is prepared and produced by petitioner before....
2007 0 Supreme(SC) 1468 • India - Supreme Court
S.H.KAPADIA, B.SUDERSHAN REDDY
enterprise is allowed during the tax holiday period as per the provisions of the said sections. ... This, however, is subject to one limitation, namely, it cannot delegate uncontrolled power. Delegation is valid only when it is confined to legislative policy and guidelines. ... the extent the enterprise s gross total income is subject to the deduction during the tax holiday period as per the requirements of sections 80-IA/80 IB of the Income-tax Act, 1961 (hereinafter referred to as the Act ). ... The ....
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