[General Clauses Act] Irrespective Of Number Of Days, Expiry Period Of 1-Month Should Be Based On Corresponding Date In Following Month: Kerala HC

The Kerala High Court held that irrespective of the number of days in a month or months, the expiration of one month should be determined by identifying the corresponding date in the following month. The Court clarified that if period of a month starts on January 15, one month would expire on February 15 even if this results in a duration of 32 days. Similarly, Court stated if the period of a month begins from February 15, one month would expire on March 15 even if it is only 29 days. After referring to Section 3 of the General Clauses Act, 1897, it was held that the general rule is that the period ends on the corresponding date in the appropriate subsequent month irrespective of some months being longer than the rest.” The Court was considering a writ petition challenging the order of the Sub-Court that period granted to the Petitioner for deposit of balance consideration expired. Similarly, when the period of one month would start on 15.04.2025, the same would end on 15.05.2025.” In the facts of the case, the Court held that the decree was passed on December 09, 2003 and balance deposit was made on March 08, 2004 which well within three months as stipulated by the Sub-Court.