Interpretation of Time Periods and Abetment by Instigation in Indian Law | Assignments Law of Evidence

Answer of Question No. 1 –

In the present factual situation the prescribed time period of one week has to be interpreted.

Section 9 of the General Clauses Act, 1897 provides that the last day of the time provided shall

be counted in the counting of the time. Furthermore, Section 10 of the General Clauses Act, 1897

and the Limitation Act also provides for the extension of the prescribed time only when the last

day is a gazette holiday.

In the case of K. Soonsalrathnam v. Div. Engineer, N.H.C., Tirunelveli 1, the court while

interpreting the prescribed time for acceptance of the tender held that since the last date of the

prescribed period was subsequent to the date of notification, declared to be a holiday so on basis

of the principles laid down in Section 10 of the General Clauses Act the last date of prescribed

period for obtaining the tender schedules was extended to the next working day.

Furthermore, the Supreme Court in Nabha Power Limited vs. Punjab State Power Corporation

Limited & another2 , has analysed the international and domestic jurisprudence on the concept of

implied terms and concluded that the following conditions have to be satisfied:-

It must be reasonable and equitable to imply terms.

It must be necessary to give the business efficacy to the contract, so that no term will be

implied if the contract is effective without it.

It must be so obvious that “it goes without saying”.

It must be capable of clear expression.

It must not contradict any express term of the contract.

Although this was not in the context of offers but it has been emphasized that everything must be

interpreted for the efficacy of the business. Hence, the term ‘week’ here should be interpreted

according to the customs of the business first then the statute , which only consider 7 days in a

week if there is no holiday on the last day of the week.

In the present factual situation, the gazette holidays falls between the 7 days week period and not

on the last day of the mentioned period. Hence, in light of the above discussions the

interpretation of ‘A’ will be accepted.

Answer of Question no. 3 –

Under Sec 13B of the Hindu Marriage Act, 1955 (“HMA”) the couples in marriage can seek the

divorce by mutual consent by filing a petition in the court. The parties should be living

separately for a period of one year or more before the filing of the petition. Sec 13B(2) prescribes

a six month cooling off period after the filing of the divorce petition before the matter

proceeds , in order to give couple one last chance for reconciliation.

1 AIR 1995 Mad 90

2 Civil Appeal No.179 of 2017

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Answer of Question No. 1 –

In the present factual situation the prescribed time period of one week has to be interpreted. Section 9 of the General Clauses Act, 1897 provides that the last day of the time provided shall be counted in the counting of the time. Furthermore, Section 10 of the General Clauses Act, 1897 and the Limitation Act also provides for the extension of the prescribed time only when the last day is a gazette holiday. In the case of K. Soonsalrathnam v. Div. Engineer, N.H.C., Tirunelveli^1 , the court while interpreting the prescribed time for acceptance of the tender held that since the last date of the prescribed period was subsequent to the date of notification, declared to be a holiday so on basis of the principles laid down in Section 10 of the General Clauses Act the last date of prescribed period for obtaining the tender schedules was extended to the next working day. Furthermore, the Supreme Court in Nabha Power Limited vs. Punjab State Power Corporation Limited & another^2 , has analysed the international and domestic jurisprudence on the concept of implied terms and concluded that the following conditions have to be satisfied:-  It must be reasonable and equitable to imply terms.  It must be necessary to give the business efficacy to the contract, so that no term will be implied if the contract is effective without it.  It must be so obvious that “it goes without saying”.  It must be capable of clear expression.  It must not contradict any express term of the contract. Although this was not in the context of offers but it has been emphasized that everything must be interpreted for the efficacy of the business. Hence, the term ‘week’ here should be interpreted according to the customs of the business first then the statute , which only consider 7 days in a week if there is no holiday on the last day of the week. In the present factual situation, the gazette holidays falls between the 7 days week period and not on the last day of the mentioned period. Hence, in light of the above discussions the interpretation of ‘A’ will be accepted.

Answer of Question no. 3 –

Under Sec 13B of the Hindu Marriage Act, 1955 (“HMA”) the couples in marriage can seek the divorce by mutual consent by filing a petition in the court. The parties should be living separately for a period of one year or more before the filing of the petition. Sec 13B(2) prescribes a six month cooling off period after the filing of the divorce petition before the matter proceeds , in order to give couple one last chance for reconciliation. (^1) AIR 1995 Mad 90 (^2) Civil Appeal No.179 of 2017

There has been a lot of debates as to whether the six months cooling off period is mandatory or can the courts do away with this requirement in specific cases. It has been held by the Courts in various cases that such cooling off period can be waived off but there are certain grounds upon which it can be done. They are as follows:- i. The statutory period of six months specified in Section 13B(2), in addition to the statutory period of one year Under Section 13B(1) of separation of parties is already over before the first motion itself; ii. All efforts for mediation/conciliation including efforts in terms of Order XXXIIA Rule 3 Code of Civil Procedure/Section 23(2) of the Act/Section 9 of the Family Courts Act to reunite the parties have failed and there is no likelihood of success in that direction by any further efforts; iii. The parties have genuinely settled their differences including alimony, custody of child or any other pending issues between the parties; iv. The waiting period will only prolong their agony. The above grounds have been given by the Supreme Court in the landmark case titled Amardeep Singh vs. Harveen Kaur^3. Court further said that the waiver application can be filed one week after the first motion giving reasons for the prayer for waiver. If the above conditions are satisfied, the waiver of the waiting period for the second motion will be at the discretion of the concerned Court. On the question that whether the six months cooling off period under Section 13B is mandatory or not the SC in the above case held that – “ The object of the cooling off the period was to safeguard against a hurried decision if there was otherwise possibility of differences being reconciled. The object was not to perpetuate a purposeless marriage or to prolong the agony of the parties when there was no chance of reconciliation. Though every effort has to be made to save a marriage, if there are no chances of reunion and there are chances of fresh rehabilitation, the Court should not be powerless in enabling the parties to have a better option. ” Recently, the Bombay H.C. in the case of Kovelamudi Kanika Dhillon v. Kovelamudi Surya Prakash Rao^4 , relied on the SC judgment of 2017 and allowed the waiver of cooling off period on the urgent basis in light of woman carrying pregnancy from another person. (^3) MANU/SC/1134/ (^4) 2020 SCC Online Bom 2054

Interpretation of Time Periods and Abetment by Instigation in Indian Law, Assignments of Law of Evidence

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Answer of Question No. 1 –

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