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Sambasiva Chari vs Ramaswami Reddi on 27 September, 1891

"5 . What is stipulated in clause 4 of the letter dated 30-10-2001 is a communication regarding refusal to accept the allotment. This was done on 28-11-2001. Respondent 1 cannot be put to loss for the closure of the office of HUDA on 1-12-2001 and 2-12-2001 and the postal holiday on 30-11-2001. In fact he had no control over these matters. Even the logic of Section 10 of the General Clauses Act, 1897 can be pressed into service. Apart from the said section and various provisions in various other Acts, there is the general principle that a party prevented from doing an act by some circumstances beyond his control, can do so at the first subsequent opportunity (see Sambasiva Chari v. Ramasami Reddi [(1898) 8 MLJ 265: ILR 22 Mad 179]). The underlying object of the principle is to enable a person to do what he could have done on a Signature Not Verified Signed by: KRISHNA holiday, on the next working day. Where, therefore, a SINGH Signing time: 30-07-2024 period is prescribed for the performance of an act in a 04:18:45 7 WP-7013-2021 court or office, and that period expires on a holiday, then the act should be considered to have been done within that period if it is done on the next day on which the court or office is open. The reason is that law does not compel the performance of an impossibility.
Madras High Court Cites 6 - Cited by 27 - Full Document
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