Question based on General and Commercial Law

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Renuka

Service

59 Points Joined September 2008

Question based on General and Commercial Laws (like case studies, in which we have to mention the section and the explanation of the statement).

Q1 A was sentenced to rigorous imprisonment for two months for a criminal offence. After his expriy of the period of the sentence, he filed an appeal against his conviction and sentence and prayed for the condonation of delay on the ground of imprisonment. Will the court be justified in extending the period of limitation in this case???

Q2 X commits an offence by causing injury to Y, punishable under Section 323 of the Indian Penal Code which is punishable for a term of one year or with a fine of Rs. 1000. Y, makes a complaint to the Metropolitan Magistrate against X after 10 months of the commission of the offence. Can the said court take cognizance of that offence?

can anybody help me in solving these question, if yes than please reply on these and mail me. my id is gaur.renuka @ gmail.com

thanks and regards,

renuka

Replies (3)

Taxguy

Consultant

3383 Points Joined September 2007

For A. There is a reasonable cause.

For B No cognizance can be taken due to unreasonable delay.

Renuka

Service

59 Points Joined September 2008

Thanks for reply, but i have to mention the section bcz without giving the explanation of section the answer is wrong, try to understand.

thanks and regards,

renuka

CA Prabhat Gupta

Manager (Indirect Taxes)

821 Points Joined January 2011

Please correct me if I am wrong.

Answer to question 1:

Part II (5) of The Limitations Act, 1963 states the provisions for extension of prescribed period in certain cases. Wherein it is said that any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908), may be admitted after the prescribed period if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period. Though it is not mentioned anywhere what amounts to sufficient cause.

Explanation.-The fact that the appellant or the applicant was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section.

In our case as the Appellant was sentenced to rigorous imprisonment for two months which seems to be a valid ground for condonation of delay in filing appeal. Hence the court will be justified in extending the period of limitation in this case.