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Bombay General Clauses Act, 1904, (Maharashtra) Section 3

Title : Definitions

State : Maharashtra

Year : 1904

In this Act, and in all Bombay Acts 1[or Maharashtra Acts] made after the commencement of this Act, unless there is anything repugnant in the subject or context, - NOTES "Unless there is anything repugnant......." - "Words and phrases have either a very narrow significance or a very wide significance according to the context and subject of the Legislature requires, the one or the other meaning to be attached to those words and phrases. That is why the definition section contains the words "unless there is anything repugnant in the subject or context".-N. Subramanialyer v. Official Receiver, AIR 1958 SC 1 : 1958 S. C. J. 172. "Means and include".-It shows that the definition is a hard and fast definition and no other meaning can be assigned to the word or expression defined than is..... View Complete Act      List Judgments citing this section

Bombay General Clauses Act, 1904, (Maharashtra) Section 5

Title : Coming into Operation of Bombay Acts or Maharashtra Acts

State : Maharashtra

Year : 1904

Coming into operation of Bombay Acts 1[or Maharashtra Acts] 1[(1) Where any Bombay Act 1[or Maharashtra Act] is not expressed to come into operation on a particular day, then, - (i) in the case of a Bombay Act made before the commencement of the Constitution, it shall come into operation, if it is an Act of the Legislature, on the day on which the assent thereto of the Governor, the Governor-General or His Majesty, as the case may require, is first published in the Official Gazette and, if it is an Act of the Governor, on the day on which it is first published as an Act in the Official Gazette; (ii) in the case of a Bombay Act 2[or Maharashtra Act] made after the commencement of the Constitution, it shall come into operation on the day on which the assent thereto of the Governor or..... View Complete Act      List Judgments citing this section

Bombay General Clauses Act, 1904, (Maharashtra) Section 4

Title : Application of Certain of the Foregoing Definitions to Previous Bombay Acts

State : Maharashtra

Year : 1904

The definitions in section 3 of the following words - that is to say, "abet", "affidavit", 1[***] 2[Bombay area of the State of Maharashtra] "Chapter", "City of Bombay", "Collector", "Commissioner", "good faith", 3["Greater Bombay"], 1[* * *], 4[Hyderabad area of the 5[State of Bombay]], 6[* * *] "immoveable property", "imprisonment", "Magistrate", "month", "moveable property", "oath", "part", "person", 7[pre-Reorganisation 5[State of Bombay]], 6[* * *], 1[* * *] "Schedule", "section" "5[State of Bombay]] 2[State of Maharashtra], "swear", 7[transferred territories], "vessel", 4[Vidarbharegion, or Madhya Pradesh area, or Vidarbha area, of the 5[State of Bombay]], "writing", and "year", apply also, unless there is anything repugnant in the subject or context, to all Bombay Acts made before..... View Complete Act      List Judgments citing this section

Bombay General Clauses Act, 1904, (Maharashtra) Section 1B

Title : Extension of Application of Act to Acts, Rules, Etc., of State of Maharashtra

State : Maharashtra

Year : 1904

1[The provisions of this Act which relate to Bombay Acts, Regulations and Ordinances shall apply also in relation to Acts, Regulations and Ordinances of the State of Maharashtra passed, made or promulgated on or after the 1st day of May, 1960 and such provisions of this Act as relate to any notification, order, scheme, rule, bye-law or form shall apply also in relation to any notification, order, scheme, rule, by-law, or form issued or made under any Act, Regulation or Ordinance passed, made or promulgated on or after that date : Provided that, where any such Act, Regulation, Ordinance, notification, order, scheme, rule, by-law or form passed, made or promulgated on or after that date amends any Act, Regulation, Ordinance, notification, order, scheme, rule, by-law or form passed, made..... View Complete Act      List Judgments citing this section

Bombay General Clauses Act, 1904, (Maharashtra) Section 10

Title : Commencement and Termination of Time

State : Maharashtra

Year : 1904

(1) In any Bombay Act 1[or Maharashtra Act] made after the commencement of this Act it shall be sufficient, for the purpose of excluding the first in a series of days or any other period of time, to use the word "from" and, for the purpose of including the last in a series of days or any other period of time, to use the word, "to". (2) This section applies also to all Bombay Acts made before the commencement of this Act. NOTES The two parts of section 10(1) of the Bombay General Clauses Act, 1904 are independent. It is not as if the section applies only when the Legislature has used both the expression 'from' and 'to'.- Gopal Raghunath v. Govind Pandurang, I. L. R. 1953 Bom. 431 : AIR 1953 Bom. 198 : 55 Bom. L. R. 50. Word "From" having been used on date of notification was..... View Complete Act      List Judgments citing this section

Bombay General Clauses Act, 1904, (Maharashtra) Section 20

Title : Construction of Orders Etc., Issued Under Bombay Acts or Maharashtra Acts

State : Maharashtra

Year : 1904

Construction of orders etc., issued under Bombay Acts 1[or Maharashtra Acts] Where, by any Bombay Act 1[or Maharashtra Act], a power to issue any notification, order, scheme, rule, by-law or form is conferred, then expressions used in the notification, order, scheme, rule, by-law or form, if it is made after the commencement of this Act, shall, unless there is anything repugnant, in the subject or context, have the same respective meanings as in the Act conferring the power. ____________________________ 1. These words were inserted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960. View Complete Act      List Judgments citing this section

Bombay General Clauses Act, 1904, (Maharashtra) Section 21

Title : Power to Make to Include Power to Add To, Amend, Vary or Rescind, Orders, Etc.

State : Maharashtra

Year : 1904

Where, by any Bombay Act 1[or Maharashtra Act], a power to issue notifications, orders, rules or bye-laws is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions (if any), to add to, amend, vary or rescind any notifications, orders, rules or bye-laws, so issued. NOTES Provisions of the section apply to administrative order but not to authority exercising judicial functions.-Trustees of Seth Mulrqj Khatau Trust v. Ramjio Govind, 1965 Mah. L. J. 90. Extension of the period of order.-That the power to make an order under section 37(3) of the Bombay Police Act must include a power to add to, amend, vary or rescind such an order.-Bapurao Dhondiba Jagtap v. State, AIR 1956 Bom. 300 : 58 Bom. L. R. 418. Section 5 of..... View Complete Act      List Judgments citing this section

Bombay General Clauses Act, 1904, (Maharashtra) Section 29

Title : Citation of Enactments

State : Maharashtra

Year : 1904

(1) In any Bombay Act 1[or Maharashtra Act], and in any rule, by-law, instrument or document made under, or with reference to, any Bombay Act 1[or Maharashtra Act] any enactment may be cited by reference to the title or short title (if any) conferred thereon or by reference to the number any year thereof, and any provision in an enactment may be cited by reference to the section or sub-section of the enactment in which the provision is contained. (2) In this Act, and in any Bombay Act 1[or Maharashtra Act] made after the commencement of this Act, a description or citation of a portion of another enactment shall, unless a different intention appears, be construed as including the word, section or other part mentioned or referred to as forming the beginning and as forming the end of the..... View Complete Act      List Judgments citing this section

Bombay General Clauses Act, 1904, (Maharashtra) Section 7

Title : Effect of Repeal

State : Maharashtra

Year : 1904

Where this Act, or any Bombay Act 1[or Maharashtra Act], made after the commencement of this Act, repeals any enactment hitherto made or hereafter to be made, then, unless a different intention appears, the repeal shall not - (a) revive anything not in force or existing at the time at which the repeal takes effect; or (b) affect the previous operation of the enactment so repealed or anything duly done or suffered thereunder; or (c) affect any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or (d) affect any penalty, forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed; or (e) affect any investigation, legal proceeding or remedy in respect of any such right, privilege,..... View Complete Act      List Judgments citing this section

Bombay General Clauses Act, 1904, (Maharashtra) Section 17

Title : Substitution of Functionaries

State : Maharashtra

Year : 1904

(1) In any Bombay Act 1[or Maharashtra Act] made after the commencement of this Act it shall be sufficient for the purpose of indicating the application of a law to every person or number of persons for the time being the executing officer at present executing the functions, or that of the officer by whom the functions are commonly executed. (2) This section applies also to all Bombay Acts made before the commencement of this Act. NOTES Commissioner of Police.-The Assistant Commissioner of Police was a functionary who could, by virtue of section 17 of the Bombay General Clauses Act, discharge the functions of the Commissioner under section 6 (1) of the Gambling Act in the matter of issuing a special warrant.-Janardhan v. State of Maharashtra, 1978 (2) SCC 465 : 1978 SCC..... View Complete Act      List Judgments citing this section


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