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Hier kann jeder mitmachen - legen Sie einfach einen Useraccount an und verffentlichen Sie Ihre Fotos. Die Rechte der hier verffentlichten Bilder liegen beim jeweiligen Fotografen. Die Verantwortung fr seine verffentlichten Fotos trgt der jeweilige User, der sie verffentlicht hat. Such exclusion has been held to be against the law in SIL Import USA. The statement of objects and reasons of the Amending Act 55 of 2002 confirms the legal position that the N. Act being a special statute, the Limitation Act is not applicable to it.Counsel further submitted that the provisions of the Limitation Act are not applicable to the N. Counsel submitted that the judgment of this Court on the Arbitration Act is not applicable to this case because Section 43 of the Arbitration Act specifically makes the Limitation Act applicable to arbitrations.has recently answered a reference whether for calculating the period of one month which is prescribed under Section 142(b) of the Negotiable Instruments Act, the period has to be reckoned by excluding the date on which the cause of action arose? While answering the reference, the Supreme Court held as under: “In our view, the judgment relied upon by the counsel for the appellant in the case of Saketh India Ltd. According to the accused, however, the date on which the cause of action arose i.e. (1972) 1 SCC 639 wherein it was held that the rule is well established that where a particular time is given from a certain date within which an act is to be done, the day on that date is to be excluded; the effect of defining the period from such a day until such a day within which an act is to be done is to exclude the first day and to include the last day. and another(2003) 4 SCC 305, DLF Qutab Enclave Complex Educational Charitable Trust v. Counsel pointed out that Section 138(a) provides a period of 6 months from the date on which the Cheque is drawn, as the period within which the Cheque is to be presented to the bank. But, before we turn to the facts, we must quote Section 138 and Section 142 of the N. The complaint filed on 15/11/1995 was, therefore, within time.Counsel submitted that there is no justification to exclude the 16th day of the 15 day period under Section 138(c) or the first day of the 30 days period under Section 142(b) as has been wrongly decided in Saketh. It bestows discretion upon the court to accept a complaint after the period of 30 days and to condone the delay.This would amount to exclusion of the starting date of the period. Counsel pointed out that by Amending Act 55 of 2002, a proviso was added to Section 142(b) of the N. This amendment signifies that prior to this amendment the courts had no discretion to condone the delay or exclude time by resorting to Section 5 of the Limitation Act.

Drei Akim 37ziger mit einem Rungenwagenzug, gezogen wird ... Dishonour of cheque for insufficiency, etc., of funds in the account.‘15/10/1995’ has to be included in the period of limitation and thus the complaint was barred by time. Referring to several English decisions on the point, this Court observed that the principle of excluding the day from which the period is to be reckoned is incorporated in Section 12(1) and (2) of the Limitation Act, 1963. Pradeshiya Industrial & Investment Corporation of U. Section 138(b) provides that the payee must make a demand of the amount due to him within 30 days of the receipt of information from the bank.The complainant sent a notice to the accused by fax on 11/6/1996. 12/6/1996 the complainant also sent the same notice by registered post which was served on the accused on 25/6/1996. Cognizance of the offence was taken and process was issued.On 8/8/1996 the complainant filed a complaint under Section 138 of the N. Process was quashed by the Magistrate on the grounds urged by the accused. The High Court set aside the Magistrate’s order and restored the complaint. The only point which was urged before this Court was that the Magistrate could not have taken cognizance of the offence after the expiry of 30 days from the date of cause of action. This Court held that the notice envisaged in clause (b) of the proviso to Section 138 transmitted by fax would be in compliance with the legal requirement.




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