Supreme Court of India

Vidyacharan Shukla v Khubchand Baghel

AIR 1964 SC 109919641 min read
The case in brief30-second read
Facts
An election appeal under S.116A of the Representation of the People Act 1951 was filed beyond 30 days, but within time if the period taken to get a copy of the Tribunal's order was excluded.
Issue
Whether S.12(2) of the Limitation Act applied to the election appeal.
Held
S.12(2) of the Limitation Act applied, since S.116A did not exclude it, so the time taken to obtain a copy was excluded and the appeal was in time.
Principle
General provisions of the Limitation Act on computing time apply to special laws unless excluded.
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Facts

  • An election appeal under S.116A of the Representation of the People Act 1951 was filed beyond 30 days, but within time if the period taken to get a copy of the Tribunal's order was excluded.

Issue

  1. Whether S.12(2) of the Limitation Act applied to the election appeal.

Held

  • S.12(2) of the Limitation Act applied, since S.116A did not exclude it, so the time taken to obtain a copy was excluded and the appeal was in time.

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Citation

Vidyacharan Shukla v Khubchand Baghel AIR 1964 SC 1099

Reported: https://indiankanoon.org/doc/195129/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.