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CA Intermediate · Corporate and Other Laws · The General Clauses Act, 1897

A Central Act enacted in 2005 allows a person to file an appeal 'within thirty days'. Neha was served an order on 5 March (a Monday). The Act does not define how to compute time. Under the General Clauses Act, 1897, how should the period be counted?

Exclude 5 March and begin counting on 6 March. The General Clauses Act provides that where a period is reckoned from a particular day, that day is excluded in the computation, so the thirty days start from the day after service.

  1. AExclude the day of service, 5 March, and count thirty days from the next dayCorrect
  2. BInclude 5 March as the first day
  3. CCount thirty days from the first day of the following month
  4. DCount only working days and exclude holidays

Explanation

Under the General Clauses Act, in computing a period 'from' a day, that first day is excluded. So 5 March is left out and counting begins on 6 March. Including the first day is wrong, and the Act does not provide for counting only working days or for starting from the next month.

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