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

Ramesh Traders Ltd. received a notice that said it must reply 'within 10 days of the date of the notice'. The notice is dated 5 June and the Act under which it was issued is silent on how to count time. Applying the General Clauses Act, 1897 rule on computation of time, what is the last day for the reply?

The last day is 15 June. Under the General Clauses Act, in computing a period fixed from a particular day, that day is excluded, so counting begins on 6 June and the tenth day falls on 15 June.

  1. A14 June
  2. B15 JuneCorrect
  3. C16 June
  4. D5 June

Explanation

Under the General Clauses Act, where a period is counted from a given day, the first day is excluded. Counting starts on 6 June, so the tenth day is 15 June. 14 June results from wrongly including 5 June... actually it counts only nine days after the notice date.

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