NISHANT
Railway Claims Tribunal Act, 1987, Section 23, & Applicabity of Limitation Act, 1963
NISHANT MEHROTRA 14 Jan 2018

Railway Claims Tribunal Act, 1987, Section 23, & Applicabity of Limitation Act, 1963

MADHYA PRADESH HIGH COURT

Kapil and others ..... Appellants 
Versus 
Union of India and others     ... Respondents

[Misc. Appeal No. 4555 of 2010, decided on 18th May, 2017]

(i) Railway Claims Tribunal Act, 1987, Section 23-Limitation Act, 1963, Sections 5 and 29(2) - Appeal under Section 23 beyond period of limitation - Whether Section 5 of Limitation Act attracted - Held- (Yes) - Applicability of provisions of Section 5 of Limitation Act-In absence of any specific exclusion of the provisions of Sections 4 to 24 of Limitation Act- Either in form of a specific provision or by necessary intendment or inference in Claims Tribunal - Act which is not a complete code of itself- Specifically in view of fact that provisions of Sections 4 to 24 are not directly or indirectly in conflict with any provisions relating to filing of an appeal before High Court contained in Claims Tribunal Act- Nor do provisions of Sections 4 to 24 of the Limitation Act render any provision relating to filing of an appeal contained in Claims Tribunal Act otiose or redundant - Provisions of Section 5 of Limitation Act would apply to filing of an appeal under Section 23 of the Claims Tribunal Act by virtue of provisions of Section 29 (2) of Limitation Act High Court has power of condone delay in filing an appeal filed under Section 23 of Claims Tribunal Act in exercise of powers under Section 5 of Limitation Act on sufficient cause being shows by appellant.

      (ii)    Limitation Act, 1963 Section 29(2) "Expression exclusion" Meaning ambit and scope of Very use of work "exclusion" implies automatic pre-inclusion of provisions of Sections 4 to 24 of the Act in special and local law - Ambit and scope discussed and explained. 

      (iii)   Interpretation of Statue - A benevolent beneficial social welfare legislation - Principle of purposive construction - Provisions have to be interpreted in a manner that would not exclude or non-suit genuine claimants specially in cases where they have been prevented by bona fide and sufficient reasons to file an appeal before High Court within limitation.
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