Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether Section 5 of the Limitation Act, 1963 could be invoked to condone delay beyond the outer limit prescribed by Section 125 of the Electricity Act, 2003, and what constitutes communication of the Tribunal's order for computing limitation under that provision.
Analysis: Section 125 of the Electricity Act prescribes an appeal to the Supreme Court within 60 days from the date of communication of the Tribunal's decision or order, with a further period not exceeding 60 days on sufficient cause being shown. The special limitation scheme of the Electricity Act, read with its self-contained adjudicatory structure, evinces legislative intent to exclude the general power under Section 5 of the Limitation Act beyond the statutory maximum of 120 days. The phrase allowing filing within a further period of not exceeding 60 days was treated as an express curb on extension. On the question of communication, the Tribunal's pronouncement notice sent by the Registry and the appellant's actual knowledge through subsequent correspondence established that the order had been made known to the appellant. The limitation period therefore commenced when the order was communicated or became known through proper channel, including constructive knowledge.
Conclusion: Section 5 of the Limitation Act does not apply to enlarge the period beyond 120 days under Section 125 of the Electricity Act, 2003, and the appeal was time-barred.
Final Conclusion: The special appellate limitation under the Electricity Act was held to be mandatory and incapable of extension beyond the statutory outer limit, resulting in dismissal of the appeal as barred by time.
Ratio Decidendi: Where a special statute prescribes an appeal period with a fixed outer limit for condonation, the general limitation power under Section 5 of the Limitation Act stands excluded beyond that limit, and limitation runs from actual or constructive communication of the decision to the aggrieved party.