AI Overview...
- Special or Local Law - Application and Exclusions
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Provisions of general laws (e.g., Limitation Act) apply only to the extent they are not expressly excluded by a special or local law. Such laws can specify different procedural or limitation periods, and where they do so, the general law’s provisions are excluded or modified accordingly. Certain sections, like Section 22, apply only if not expressly excluded SHANTILAL KHIMCHAND VS MULCHAND DALICHAND - Gujarat, Shantilal M. Bhayani VS Shanti Bai - Supreme Court, B. Subba Rao VS Inspecting Assistant Commissioner of Income Tax - Andhra Pradesh.
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Procedural and Limitation Considerations
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Filing suits, appeals, or applications under special or local laws may require compliance with specific procedural schemes, which can override general provisions such as those in the Limitation Act. In cases where the special law prescribes a different limitation period, that period prevails. The general provisions, like Section 5 of the Limitation Act, may not apply if explicitly excluded Mukri Gopalan VS Cheppilat Puthanpurayil Aboobacker - Supreme Court, Harendra Krishna Mookerjee VS STATE OF WEST BENGAL - Calcutta, Pingali Sivakumar VS Doli Sivaiah - Andhra Pradesh.
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Jurisdiction and Prosecution
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The jurisdiction of courts under special or local laws is distinct, and these laws do not necessarily exclude the applicability of general criminal laws like the Indian Penal Code. Prosecution under the IPC remains permissible unless specifically barred by the special law Suman VS Bhagat Ram - Punjab and Haryana.
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Effect on Pending Matters
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The new Limitation Act is prospective and does not affect cases already barred by limitation under existing laws, including special or local laws. Pending matters that have become time-barred under previous provisions are unaffected Pingali Sivakumar VS Doli Sivaiah - Andhra Pradesh.
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Overall Conclusion
- Special or local laws can modify, exclude, or prescribe different procedural and limitation rules from those in general laws. Their application depends on explicit provisions, and courts must interpret whether such laws exclude general provisions. The applicability of sections like Section 5 of the Limitation Act is contingent upon specific exclusions by the special law. These laws operate within a framework that respects their specific provisions unless explicitly overridden SHANTILAL KHIMCHAND VS MULCHAND DALICHAND - Gujarat, Shantilal M. Bhayani VS Shanti Bai - Supreme Court, B. Subba Rao VS Inspecting Assistant Commissioner of Income Tax - Andhra Pradesh, Suman VS Bhagat Ram - Punjab and Haryana.
References: - SHANTILAL KHIMCHAND VS MULCHAND DALICHAND - Gujarat, Mukri Gopalan VS Cheppilat Puthanpurayil Aboobacker - Supreme Court, Suman VS Bhagat Ram - Punjab and Haryana, Adarsh Films and TV Institute VS B. N. Kodandaramaiah S/o Late B. M. Narasimaiah - Karnataka, Bhim Sen VS State of Haryana - Punjab and Haryana, Nellore District Co-operative Marketing Society Ltd. VS Co-operative Tribunal (Principal District Munsif) Nellore - Andhra Pradesh, Shantilal M. Bhayani VS Shanti Bai - Supreme Court, Harendra Krishna Mookerjee VS STATE OF WEST BENGAL - Calcutta, B. Subba Rao VS Inspecting Assistant Commissioner of Income Tax - Andhra Pradesh, Pingali Sivakumar VS Doli Sivaiah - Andhra Pradesh
Search Results for "Special or Local Law"
1961 0 Supreme(Guj) 74 • India - Gujarat
A.R.BAKSHI, V.B.RAJU
by such special or local law and remaining provisions of this Act shall not apply - Provisions of make it abundantly clear that ... that is referred to in said section must be specifically men - Tined as excluded in special or local law - What we have therefore ... provisions contained in shall apply to extent to which they are not expressly excluded by a special or a local law - Exclusion therefore ... section 22 shall apply only ....
1995 0 Supreme(SC) 722 • India - Supreme Court
FAIZAN UDDIN, S.B.MAJMUDAR
or local law necessarily require such suit appeal or application to be filed under special or local law before fledged Civil Courts ... is so even if they are to be made applicable to suit appeal or application governed by periods of limitation prescribed by any special ... meaning thereby procedural scheme contemplated by these Sections of Limitation Act would get telescoped into such provisions of special ... such special or local....
2007 0 Supreme(P&H) 1476 • India - Punjab and Haryana
PERMOD KOHLI
or local law and such special/local law does not provide for extension of time or Condonation-Section 5 of the Limitation Act will ... leave to contest eviction petition-Held; Even if there is no specific or express exclusion of Section 5 of the Limitation Act in a special ... petition-Held; Procedure prescribed under Section 18-A of the Act has over riding effect on all other provisions of this Act or any other law ... or special law#HL_E....
2020 0 Supreme(Kar) 161 • India - Karnataka
G.NARENDAR
excluded by such special or local law - An analysis of above sub-section shows that where a special period of limitation different ... period of limitation prescribed in any other special or local law prior to date of enactment of Limitation Act - It is worthwhile ... from one prescribed in Schedule to Limitation Act, 1963 is prescribed by any special or local law for purpose of filing suit appeal ... excluded by s....
1987 0 Supreme(P&H) 497 • India - Punjab and Haryana
PRITPAL SINGH
Indian Penal Code - Jurisdiction of Special or Local Law - The court determined whether the petitioner could be prosecuted under ... or local law. ... or local law. ... All that this section says is that the provisions of Indian Penal Code will not affect the provisions of any special or local law. It does not mean that the prosecution of an offence under the Indian Penal Code is inadmissible simply because the off....
1986 0 Supreme(AP) 331 • India - Andhra Pradesh
M.N.RAO
adjudicates the rights arising under a special or local law, sub-section (2) of sec29 is attracted ... & ... because the sub-section refers to special or local law there is no warrant for the conclusion that irrespective of the forum which ... or local law provides for a right of suit or appeal in which case the adjudication forum must necessarily be a Civil Court Merely ... or local law if such special#H....
1992 0 Supreme(SC) 139 • India - Supreme Court
K.RAMASWAMY, N.M.KASLIWAL
or local law provisions contained shall apply only insofar and to extent to which they are not expressly excluded by such special ... or local law leaves no manner of doubt that provisions of Limitation Act will apply to an appeal filed before appellate authority ... or local law prescribes for any suit appeal or application a period of limitation different from period prescribed by Schedule apply ... or local law. ... the Schedule ....
1963 0 Supreme(Cal) 132 • India - Calcutta
P.N.MUKHERJEE, D.BASU
The first part applies to cases where the special or local law prescribes a period of limitation different from that prescribed in ... The second part applies to cases where the special or local law is silent on the point of limitation or prescribes the same period ... The first part applies to cases where the special or local law prescribes a period of limitation different from that prescribed in ... the said first schedule but for....
1987 0 Supreme(AP) 158 • India - Andhra Pradesh
B.P.JEEVAN REDDY, UPENDRA LAL WAGHRAY
Or local law the provisions contained in Sections 4 to 24 shall apply unless expressly excluded by such special or local law. ... It only says that where a different period of limitation is prescribed by any special enactment or local law, the provisions of Section ... ... Special Appeal Dismissed ... of limitation prescribed by such special or local law, the provisions contain....
1965 0 Supreme(AP) 22 • India - Andhra Pradesh
A.GOPAL RAO, BASI REDDY
, including a special or local law. ... , including a special or local law. ... the new Act is prospective in its operation and does not affect pending matters which had become barred by limitation under any law ... , special or local. ... or special Act. ... If Section 5 is not applicable oven to pending matters which had become barred by limitation under the provisions of any law including a #HL....
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