The Kerala High Court recently delivered a significant ruling clarifying how the expiration of a one-month period should be determined under the General Clauses Act, 1897. The Court held that, irrespective of the number of days in a month, the expiration of one month must be identified by the corresponding date in the following month.
The Court explained that if a period begins on January 15, it will expire on February 15, even if this results in a duration of 32 days. Similarly, if a period starts on February 15, it will conclude on March 15, whether the month consists of 28 or 29 days.
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Justice A. Badharudeen, while relying on the Supreme Court’s decision in State of Himachal Pradesh v. M/S Himachal Techno Engineers (2010), observed:
"It was clarified that if the month is April, June, September, or November, the period will be 30 days; if the month is January, March, May, July, August, October, or December, the month will comprise 31 days. However, if the month is February, it will have either 28 or 29 days depending on whether it is a leap year. The general rule states that the period ends on the corresponding date in the following month."
This clarification was made while hearing a writ petition challenging an order by the Sub-Court regarding the expiry of the time period granted for depositing a balance consideration in a decree for specific performance.
Background of the Case
The dispute arose when the Sub-Court directed the petitioner to deposit the balance consideration within three months following a decree issued on December 9, 2003. The petitioner made the payment on March 8, 2004, and later approached the Court for execution of the sale deed. However, the Sub-Court dismissed the petition, asserting that the deposit was not made within the prescribed time.
The High Court noted that the Sub-Court had misunderstood the calculation of the three-month period and failed to correctly apply the principles outlined in the General Clauses Act.
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Referring to Bibi Salma Khatoon v. State of Bihar (2001), the Court reiterated that a one-month period expires on the same numerical date in the succeeding month, irrespective of variations in the number of days.
"If the period of one month starts from January 15, 2025, it will conclude on February 15, 2025, even though this totals 32 days. Similarly, if the period starts on February 15, it will expire on March 15, regardless of whether the month has 28 or 29 days."
Applying this interpretation to the case, the Court found that the petitioner’s deposit on March 8, 2004, was well within the three-month period from December 9, 2003. Hence, the Sub-Court had erred in dismissing the application.
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The High Court ruled in favor of the petitioner, stating that the Sub-Court's interpretation was incorrect. The writ petition was allowed, and the case was remanded with directions to proceed in accordance with the correct interpretation of the law.
Counsel for Petitioner: Advocates K.V.Sohan, K.Ambily, Sreeja Sohan.K.
Case Title: Badi Govindan v Dayaroth Arikothan Rohini
Case No: WP(C) NO. 18870 OF 2005
