Case Note & Summary
The petitioners, Satish Balaram Jadhav and others, were externed by respondent no. 2 under Section 55 of the Maharashtra Police Act, 1951, vide order dated 28th June 2017. They preferred an appeal under Section 60 of the Act along with an application for condonation of delay. The Appellate Authority (respondent no. 3) rejected the delay condonation application on 15th September 2017, holding that it lacked power to condone delay as Section 60 prescribes a 30-day limitation period without any provision for extension. The petitioners challenged this order by way of a writ petition before the Bombay High Court. The sole legal issue was whether Section 5 of the Limitation Act, 1963, which allows condonation of delay upon sufficient cause, applies to appeals under Section 60 of the Maharashtra Police Act. The petitioners' counsel argued that Section 29(2) of the Limitation Act makes Sections 4 to 24 applicable to special or local laws unless expressly excluded, and the Maharashtra Police Act does not exclude them. The State opposed, contending that the special statute is a complete code. The court analyzed Section 60 of the Maharashtra Police Act, which provides a 30-day appeal period and excludes time for obtaining certified copies but does not empower condonation of delay. The court held that the Maharashtra Police Act is a special/local law within the meaning of Section 29(2) of the Limitation Act, and since it does not expressly exclude the application of Sections 4 to 24, those provisions apply. Consequently, Section 5 of the Limitation Act applies, and the Appellate Authority has the power to condone delay. The court set aside the order dated 15th September 2017 and remanded the matter to the Appellate Authority to decide the delay condonation application on merits, after hearing the parties.
Headnote
A) Limitation Act - Applicability to Special Statutes - Section 29(2) of the Limitation Act, 1963 - Section 60 of the Maharashtra Police Act, 1951 - The court considered whether the Appellate Authority under Section 60 of the Maharashtra Police Act has power to condone delay in filing an appeal. Held that since the Maharashtra Police Act does not expressly exclude the application of Sections 4 to 24 of the Limitation Act, 1963, and is a special/local law, Section 29(2) makes those provisions applicable. Therefore, the Appellate Authority has the power to condone delay under Section 5 of the Limitation Act. (Paras 5-8)
Issue of Consideration
Whether Section 5 of the Limitation Act, 1963 is applicable to appeal proceedings under Section 60 of the Maharashtra Police Act, 1951, thereby empowering the Appellate Authority to condone delay in filing the appeal beyond the prescribed period of 30 days.
Final Decision
The court allowed the writ petition, set aside the order dated 15th September 2017, and directed the Appellate Authority to decide the application for condonation of delay on its own merits after hearing the parties.
Law Points
- Applicability of Limitation Act to special statutes
- Power to condone delay in statutory appeals
- Section 29(2) Limitation Act
- 1963
- Section 60 Maharashtra Police Act
- 1951
Case Details
2017 LawText (BOM) (12) 99
Writ Petition No. 4046 of 2017
Ranjit More, Sandeep K. Shinde
Mr. Kuldeep Patil (for petitioners), Mr. S.S. Pednekar (APP for State)
Satish Balaram Jadhav & Ors.
The State of Maharashtra and anr.
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Nature of Litigation
Writ petition challenging the order of the Appellate Authority rejecting the application for condonation of delay in filing an appeal against an externment order under the Maharashtra Police Act.
Remedy Sought
The petitioners sought quashing of the order dated 15th September 2017 rejecting their delay condonation application and a direction to the Appellate Authority to consider the appeal on merits.
Filing Reason
The petitioners were externed under Section 55 of the Maharashtra Police Act and filed an appeal beyond the 30-day period. The Appellate Authority rejected the delay condonation application on the ground that it lacked power to condone delay.
Previous Decisions
The externment order was passed on 28th June 2017. The appeal and delay condonation application were filed thereafter. The Appellate Authority rejected the delay condonation application on 15th September 2017.
Issues
Whether Section 5 of the Limitation Act, 1963 is applicable to appeal proceedings under Section 60 of the Maharashtra Police Act, 1951, thereby empowering the Appellate Authority to condone delay.
Submissions/Arguments
Petitioners argued that Section 29(2) of the Limitation Act makes Sections 4 to 24 applicable to special/local laws unless expressly excluded, and the Maharashtra Police Act does not exclude them, so Section 5 applies.
State argued that the Maharashtra Police Act is a complete code and does not provide for condonation of delay, so the Appellate Authority has no such power.
Ratio Decidendi
Section 29(2) of the Limitation Act, 1963 makes Sections 4 to 24 applicable to special or local laws unless expressly excluded. Since the Maharashtra Police Act, 1951 does not expressly exclude the application of the Limitation Act, Section 5 thereof applies to appeals under Section 60 of the Maharashtra Police Act, empowering the Appellate Authority to condone delay in filing appeals.
Judgment Excerpts
The only question that falls for consideration is, whether the provision of Section 5 of The Limitation Act, 1963 is applicable to the Appeal proceedings under Section 60 of the Maharashtra Police Act.
Indisputably, Section 60 of the Maharashtra Police Act, (hereinafter called as “the said Act”) provides for a statutory appeal, against an order made under Section 55 within 30 days from the date of such order.
Mr. Patil, the Learned Counsel appearing for the petitioner would submit that, Section 29 sub-section 2 of The Limitation Act, 1963, makes Sections 4 to 24 of it, applicable when computing limitation under the special or local law exactly in the same manner, as they would be applicable when computing limitation under the Limitation Act, 1963.
Procedural History
The petitioners were externed by respondent no. 2 on 28th June 2017 under Section 55 of the Maharashtra Police Act. They filed an appeal under Section 60 along with an application for condonation of delay. The Appellate Authority rejected the delay condonation application on 15th September 2017 for want of power. The petitioners then filed the present writ petition challenging that order.
Acts & Sections
- Maharashtra Police Act, 1951: Section 55, Section 60
- Limitation Act, 1963: Section 5, Section 29(2)
