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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Limitation

A Karnataka statute prescribes a 45-day period for filing an appeal, different from the period in the Schedule to the Limitation Act, 1963, and says nothing about excluding the Limitation Act's general provisions. Which statement is correct under the Act?

Where a special or local law prescribes a different period, section 3 applies as if that period were the Schedule period, and sections 4 to 24 apply unless the special law expressly excludes them. Silence does not exclude them, so they continue to apply.

  1. ASection 3 applies as if the 45 days were the Schedule period, and sections 4 to 24 apply except where the special law expressly excludes themCorrect
  2. BThe special law's period is void because only the Schedule can prescribe periods
  3. CSections 4 to 24 are automatically excluded whenever a special law prescribes its own period
  4. DOnly section 5 and no other section applies to the special law appeal

Explanation

Section 29(2) applies section 3 as if the special law's period were the Schedule period, and sections 4 to 24 apply to the extent not expressly excluded by the special law. Since there is no express exclusion, they apply. Automatic exclusion is wrong because the exclusion must be express.

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