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

A special law prescribes a limitation period for appeals that differs from the Schedule to the Limitation Act, 1963 and is silent about sections 4 to 24. Which statement reflects Section 29(2)?

Sections 4 to 24 apply to the extent they are not expressly excluded by the special law. Under Section 29(2), only express exclusion removes them, so mere silence in the special law does not prevent their application.

  1. ASections 4 to 24 apply to the extent they are not expressly excluded by the special lawCorrect
  2. BSections 4 to 24 never apply to special laws
  3. CSections 4 to 24 apply only if the special law expressly adopts them
  4. DOnly Section 3 applies, and sections 4 to 24 are impliedly excluded

Explanation

Section 29(2) says that for determining a period prescribed by a special or local law, sections 4 to 24 apply except where, and to the extent that, they are expressly excluded by that law. Silence is not exclusion. The option requiring express adoption reverses the rule.

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