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Report No. 60

8.7. "Within after" and "within from".-

(a) The expression "within after" came up for consideration in a Bombay case.1 The words used were "within 15 days 'after' the date of declaration of the election result". The date of declaration was held to be excluded, because 15 days contemplated are after that day.

(b) The words "within 15 days from the due date of payment", occurring in section 12A(1) of the Bihar and Orissa Motor Vehicles Act, 1930, were held, in an Orissa case,2 to mean 15 clear days excluding the day on which the tax become due. In another decisions3 it was held that the words "within a month" should ordinarily be construed as excluding the date on which the order was passed, and would mean an interval of one clear month.

1. Manfiuli v.: Civil Judge, AIR 1970 Born 1 (8), para. 18.

2. Padmacharan v. S.C. Pobe, AIR 1965 Ori 71 (72), para. 2 (Narasimhan C.J. and Barman J.).

3. M. Sahu v. Lal Sadananda Singh, AIR 1952 Ori 279.

General Clauses Act, 1897 Back

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