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Report No. 60

8.6. "Within of".-

As to the expression "within of", reference may be made to the Allahabad case of K.N. Pandey v. S.L. Saxena, AIR 1959 All 54: 1958 Aq 678 (680). In that case, an application for substitution under section 110(3)(c) of the Representation of the People Act was required to be filed "within 14 days" of the publication of the notice of withdrawal of candidature. On this statutory language the first day was held to be excluded. It was noted that section 9 of the General Clauses Act could not apply, as the word "of" was used. But the court placed reliance on the principle of section 12(1), Limitation Act.

General Clauses Act, 1897 Back

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